Capital gains tax – Sneaky rules?

Capital gains tax – Sneaky rules?

9:45 AM, 31st January 2024, About 10 months ago 12

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WARNING For those who aren’t aware:  Taxpayers have 60 days from the date of completion of the disposal (not the date of exchange of contracts) to report the property disposal and pay the estimated CGT to HMRC. Late filing penalties may be charged, together with interest on any unpaid tax.

We sold 2 out of our 7 rental flats, even though there was little capital gain to report we were fined a huge sum for late return. The accountants knew we had sold the first property 2 years ago, but either they didn’t know or forgot to tell us that these rules now exist.

We assumed the solicitor change at land registry would be enough.

We sold because there is little incentive to own buy to lets, at least market rents are rising.

We will not be buying again, therefore reducing the available properties which in turn will increase renters’ competition.

We are good landlords, never putting up rent between tenants and maintaining the properties. We may have to rethink this.

TC

Editors Note:

.Gov >>https://www.gov.uk/government/publications/capital-gains-tax-payments-on-property-disposal-time-limit-extension/capital-gains-tax-payments-on-property-disposal-time-limit-extension

General description of the measure

This measure extends from 30 days to 60 days the time limit for making Capital Gains Tax (CGT) returns and associated payments on account when disposing of UK land and property.

This measure also clarifies the rules for mixed use properties, which applies to UK residents only.

Policy objective

This measure allows taxpayers more time to produce and provide accurate figures, particularly in the more complex cases, as well as sufficient time to engage with advisers.

Background to the measure

UK residents that dispose of an interest in UK residential property that results in CGT to pay are required to deliver a CGT return to HMRC and make a payment on account of CGT within 30 days of the completion of the disposal.

Non-UK residents are required to deliver similar returns in respect of any direct or indirect disposal of UK land, irrespective of whether tax is due or the type of property, and make payments on account of CGT (where due).

In May 2021 the Office of Tax Simplification made recommendations on CGT including that the government should consider extending the 30-day deadline to 60 days.

This measure was announced at Autumn Budget 2021.

Detailed proposal

Operative date

This measure will have effect for disposals that complete on or after 27 October 2021.

Current law

Current law is contained in Schedule 2 to the Finance Act 2019.


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Comments

Cider Drinker

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10:16 AM, 31st January 2024, About 10 months ago

If I’m reading this properly, the deadline was extended from 30 days to 60 days.

Information is freely available on the Internet. Your solicitor possibly should have told you but we are all responsible fir paying our own tax.

DAMIEN RAFFERTY

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10:26 AM, 31st January 2024, About 10 months ago

Agree with Cider
You need to know what Taxes are due and when.
Do you use an accountant ?
Another tax deductible expense.
Great that you maintain your property and run a BTL business but your not a charity so why not increase you Rents inline with Inflation or local markets rates ?

Dennis Forrest

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11:26 AM, 31st January 2024, About 10 months ago

There are a few exceptions:
You do not have to report a capital gains LOSS within 60 days, this is optional.
You might want to report this if the loss occurs before a subsequent gain occurs in the same tax year to immediately lower the amount of CGT payable.
OR both the property sold at a loss and the other sold at a gain can both be reported within the same 60 day period, even if the loss occurred several weeks after the gain.
OR if you have sold the property at a loss and the gain is less than the loss you do NOT have to report either transaction within the 60 day period (as no tax is due). Instead you just report both transactions on you self-assessment tax return. This is shortly the position I will be in - transferring one property to a family member at a loss and also before this tax year ends transferring another property at a smaller gain. I am not a tax expert - I arranged for a call back with HMRC from a very helpful tax inspector in the CGT section.
WHAT YOU CAN'T DO IS SELL A PROPERTY AT A GAIN AND NOTIFY THE TRANSACTION WITHIN 60 DAYS AND PAY THE CGT OWING AND THEN LATER IN THE YEAR SELL A PROPERTY AT A LOSS AND THEN TRY AND BACKDATE THE LOSS TO OFFSET THE CGT YOU HAVE ALREADY PAID. YOU JUST HAVE TO WAIT UNTIL YOU CPMPLETE YOUR CGT PAGES OF YOUR SELF ASSESSMENT TAX RETURN.

Dylan Morris

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11:27 AM, 31st January 2024, About 10 months ago

Another really important point to be aware of …… the date HMRC use to calculate the effective sale date of the property and your CGT liability is the date contracts are exchanged not the actual sale completion date.
You need to be aware of this if you’re looking to push your capital gains into the next 2024/2025 fiscal year.
For example let’s say you exchanged contracts on 23rd March 2024 and completed the sale on 8th April 2024. Intentionally as you’re a high rate tax payer for 2023/24 but going to be a basic rate tax payer in 2024/2025….. you’re thinking with the sale completing in 2024/2025 you’ll save on your CGT due.
WRONG - HMRC use the date contracts were exchanged not the actual sale date so your CGT would be due in the current 2023/24 tax year even though your sale completed in the 2024/2025 tax year. Just something to watch out for it nearly caught me out.

Jan

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11:45 AM, 31st January 2024, About 10 months ago

Also, I discovered, it's not two months as some have 31 days .

Dennis Forrest

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11:53 AM, 31st January 2024, About 10 months ago

Reply to the comment left by Jan at 31/01/2024 - 11:45That's why they made it exactly 60 days to save any confusion. Adjacent months can often total 62 days whereas usually, but not this year, January + February, or February + March are only 59 days.

Judith Wordsworth

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15:22 PM, 31st January 2024, About 10 months ago

It’s 60 days FROM exchange of contracts NOT from the date of completion.

https://uklandlordtax.co.uk/how-to-work-out-your-capital-gains-tax/

Ryan Stevens

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17:51 PM, 31st January 2024, About 10 months ago

It amazes me that solicitors rarely point out this obligation. They are probably negligent for not doing so, but I do not know if anyone has ever succeeded in getting a solicitor to cough up.
Normally the penalty would be £100, but increases if more than 6 months late, so your tax return must have been very late!

T C

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21:22 PM, 31st January 2024, About 10 months ago

Reply to the comment left by Judith Wordsworth at 31/01/2024 - 15:22the website you referred to states as follows
For UK Residents:
Where there is a residential property sale and there is Capital Gains Tax to pay, the gain must be reported and the tax paid to HMRC within 60 days of the completion of the sale.
So it's 60 days from completion date, not exchange date??

Paul

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21:28 PM, 31st January 2024, About 10 months ago

Reply to the comment left by Judith Wordsworth at 31/01/2024 - 15:22
I can't believe this would be the case. I've had longer than 60 days between exchange and completion. They cannot expect you to pay tax when the transaction has not been completed. This occurred when I wanted to work on the property during the exchange and completion.

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