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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi There, I am an Australian citizen and I moved from Australia

Customer Question

Hi There,
I am an Australian citizen and I moved from Australia to the UK in July 2000.
In Sep 2003 I bought a property for GBP 215,000 and lived there until Dec 2008.
In Dec 2008 I moved back to Australia. From Dec 2008 until July 2014 the property has been rented to tenants.
In July 2014 I sold the property for GBP 435,000.
I now have dual nationality (British and Australian).
Am I liable to capital gains tax? If yes, in which country?
Kind Regards,
Michael Clayton
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You have not been a UK resident for over 5 years and it seems you do not have a main home in the UK.

As such, I can confirm that no UK capital gains tax is payable.

As the property is in the UK, it would be UK law, and not Australian law which would apply and Australian capital gains tax, even if there is such a tax in Australia, will not apply to the UK capital gains.

However, I would suggest that you check with locally there with a tax practitioner that no Australian capital gains tax wil apply to the gain as I can only advise on UK law, not Australian law.

Hope this helps
Customer: replied 3 years ago.

Thank you. This has been helpful!

Expert:  UKSolicitorJA replied 3 years ago.
welcome.

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