Buying a flat - IT and CGT implications

Feb 19, 2004 7 Replies

Hi All



I am thinking of buying a flat. I intend to live in it for a little while, before moving aboard. After that who knows, I might come back and live in it, continue renting it or sell it. I have some questions re: my possible tax liabilities.


1A) If I live in the flat for a year, say, and then rent it out, would the full rental income be subject to income tax or would it be the amount less mortgage repayments and interest on repayments? Would the answer be any different if I was living abroad while the flat was rented out, i.e. what is my position in terms of UK income tax if I live and work abroad?


2) Say, I live in the flat for 3 years - I've made it 3 years this time because of the CGT 36 month rule - and then move out to rent a cheaper place down the road, i.e. I still only own the one flat in the UK. Is the flat I own still considered my PPR (in terms of CGT) - to put it another way, can a rented property ever be considered a PPR (in terms of CGT)?



3) Finally, say I move abroad, like it and decide to buy a flat in the new country (while still renting out my flat in the UK). According to a book I read, the UK taxman will consider my new foreign flat my PPR and so my UK flat will lose its PPR status (and therefore its PPR exemption status in terms of CGT). Is this true? Given that I would be complying with the laws in the new country, what has my foreign flat got to do with the UK taxman!?

Any help would be appreciated. Thanks in advance.



Richard


you usually pay the tax on your UK property in your new country of residence

In message , Mick writes

Do you think you could add a little more detail?

no, we need to know his new country of residence.

In message , Mick writes

Despite living abroad he will still be domiciled in UK.

He will have to pay UK Income Tax on the rent and CGT on any profit on sale subject to apportionment for the period it was his PPR, (ignoring the last 3 years).

If the mortgage was used to buy the flat the payments will be deductable. What you pay and how much to the UK/other country depends partly on what is in the dual tax agreement between the two countries (if any).

I don't know the rules about PPR but if you are staying permanently in another country so that you are no longer tax resident in the UK when you sell the buy-to-let then you won't pay UK CGT at all. You need to know the rules for UK tax-residence for this. You will pay CGT wherever you are living/tax resident if it is due which depends on which country you move to etc.

PS I'm not a tax advisor and the above is just my opinion so if you want someone you can sue if the info is wrong, please find someone who charges you accordingly.

David. 1keytools.

Software author. (please edit my email addr. to prove you're not a dumb 'bot) Web Log Analyzer by Search Term

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In these circumstances, domicile is less important than residence (for tax purposes) and any relevant Tax Treaty. Disposal, while non-resident (including the 5 year rule as to returning to the UK), should be exempt from UK CGT.

.3

I paid Australian income tax on UK property rent income whilst on a 4 year working visa, I needed to apply for a tax exemption certificate to give to the UK property agent who are normally required to pay the tax for you, was also claiming LAFHA (living away from home allowance) which was a very decent tax allowance in Oz.

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