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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13975
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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As a result of a divorce settlement, a spouse gets a property

Customer Question

As a result of a divorce settlement, a spouse gets a property from former husband. The property is let and income is declared on tax return. after 6 months, wife left the UK and went back to home country. Property still let and income declared on tax return. She did not registered as a foreign landlord. Property sold in June 2014 and 80% of proceeds was used to buy another property for let. Question 1: Is she liable to CGT? If so, can she roll over to the new property? Q2: Is it to late to register as a foreign landlord so that she would not be liable to CGT? Q3: what other tax liability there is for the disposal?
Submitted: 3 years ago.
Category: Tax
Expert:  bigduckontax replied 3 years ago.
Hello, I'm Keith and happy to help you with your question.
Quick initial question, what was the date of the decree absolute? Once I have this I can move forward.
Customer: replied 3 years ago.

24 September 2008

Expert:  Sam replied 3 years ago.
Hi
I have taken up this question as I note that you have opted out the original expert.
I am afraid, it would appear, there is no avoiding capital gains, as this property has not been the main residence at all during the ownership period, and there will be no tax reliefs due either. If this is not the case, then please advise further.
However, may I also advise that as the wife has now left the UK, it may well be that there is no capital gains due in the UK due to non residency, so may I ask how long this stay out of the UK will last, when it began and how many days are spent visiting back to the UK.
Then I can advise further
Thanks
Sam
its been more than 18 months after the absolute that the property has been sold, and therefore this gives