NEW CAPITAL GAINS TAX NO DETERRENT FOR INVESTORS

11 December 2014

Capital Gains Tax changes bring the UK in line with other global property markets...

Yesterday, the UK government published draft legislation that detailed changes to Capital Gains Tax (CGT) on the sale of properties for overseas investors. The changes bring the UK in line with other global property markets and aligns non-resident property investors with UK resident homeowners.

From 6 April 2015, non-resident UK property investors will be charged on any gains made from the sale of their property of between 18% and 28%, the same rate as UK resident homeowners. The UK government has deemed any UK property owner who spends less than 90 nights in their property to be a non-resident investor and CGT will also be levied on off-plan properties. Other key points arising from the draft legislation are provided below. 

The changes mean that non-resident UK property owners will need to consider obtaining a valuation of their property. Our preferred lettings and management provider, complete, are able to arrange valuations for our UK property investors. IP Global will be in touch in the new year with details of how to arrange a valuation through complete.

If you need to clarify any points relating to the changes to the CGT legislation, we advise IP Global property investors to seek tax advice from a UK tax specialist.

Who will be affected by this new legislation?

  • From 6 April 2015, CGT will be imposed on disposals of residential UK property by non-resident individuals, trustees, estates and close companies.  
  • Off-plan properties will also be treated as fully completed residential properties, so if a non-resident individual re-sells a property before the completion of a project then they will be liable to CGT on any gains arising after 6 April 2015.  
  • The government has not extended the CGT charge to non-resident institutional investors disposing of shares or units in a collective investment scheme, provided they are ‘diversely held’ and not a mere vehicle used by private individuals to avoid the new tax. Non-resident institutional investors will be subject to a ‘narrowly controlled company’ test and a and a ‘genuine diversity of ownership’ test to ensure individuals are not transferring their interest in UK residential property to a non-resident company in order to escape the tax. 

What is the rate of CGT for individuals?

  • The tax rate for non-resident individuals will be the same as the rates applicable to UK resident individuals. Using today’s tax bandings, gains under around £32,000 will be liable for 18% charge and any additional gain will attract a charge at 28%.  
  • Non-resident individuals from most countries will also be able to use the annual exemption, currently £11,000, to reduce the CGT payable. 
  • In the unlikely event that a non-resident individual’s property is worth less on 6 April 2015 than was originally paid for the property, the non-resident owners can elect that the gain is calculated using the original base cost.

What is the rate of CGT for companies?

  • The tax rate for non-resident companies who dispose of residential UK property will be the same as the UK corporation tax rate, which is currently 20%.  
  • Non-resident companies will also benefit from the associated allowances which come with corporation tax.

Can I claim relief using the principal private residence (PPR) exemption?

  • Non-resident owners of UK properties will be able to claim the same PPR relief as UK taxpayers, so long as they have resided in the property for at least 90 nights that year. 
  • This new 90-night measure will come into force on 6 April 2015. 

What is the reporting procedure?

  • Where the non-resident individual or company already submits tax returns to HMRC, the reporting of the gain and payment of any tax can be made as part of the self-assessment tax return. 
  • Otherwise, delivery of a return and payment of any required tax must be made within 30 days of the disposal. 

If you have any questions about these changes, or any other issue regarding property markets and investment around the world, please feel free to contact one of our Consultants for expert advice. 

 
IP Global

Written by IP Global

IP Global’s full-service approach is built on extensive market research and analysis combined with a significant financial commitment to every investment we offer. We are able to manage the entire investment process end-to-end, from sourcing, financing, and management to those all important exit strategies, making investment in real estate as straightforward as investing in more traditional asset classes. Our expertise, experience and strong record have produced over USD2.8 billion in international real estate investments in over 30 markets worldwide.

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