The 60-day trap: report even with no tax to pay
Unlike UK residents, non-residents must report every disposal of UK property or land to HMRC within 60 days of the completion date, even where there is no tax to pay, a loss arises, or a relief covers the whole gain. The clock runs from completion, not exchange of contracts. Missing the deadline triggers an automatic £100 penalty, a further £300 or 5% of the tax due (whichever is higher) after 6 months and again after 12 months, plus interest on any late-paid tax. Being abroad or not knowing about the rule is rarely accepted as a reasonable excuse.
How the gain is worked out
Residential property held before 6 April 2015 is normally rebased to its market value on 5 April 2015, and commercial property and indirect disposals to 5 April 2019, so only later growth is taxed. For residential disposals you can elect for straight-line time apportionment or the whole-period gain where that gives a better result; the election is irrevocable for that disposal, so compare the methods before filing. Private Residence Relief can reduce or remove the gain on a former home, but as a non-resident you (or your spouse or civil partner) must spend at least 90 midnights in the property during a tax year for that year to qualify.
What to do before you sell
Obtain a 5 April 2015 valuation early and check whether Private Residence Relief applies. Your home country may also tax the gain, but the UK taxes UK land first and a double tax treaty normally gives credit for the UK tax. If you are in Self Assessment you must also report the disposal on your annual return, where the 60-day payment is credited. Our full guide to CGT on UK property for non-residents covers rates, rebasing and reliefs in detail, and our expat Self Assessment guide covers the annual filing.
