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Sam, Accountant
Category: Tax
Satisfied Customers: 14164
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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i am an Englishman, residing in Australia for most of the year,

Customer Question

i am an Englishman, residing in Australia for most of the year, who wishes to sell his only UK property (for financial settlement with ex-wife). My ex wife resides full time in Australia but I visit England for 3 months a year and I only stay in this property

Do I or we have CGT applied to this property on selling?
Submitted: 4 years ago.
Category: Tax
Expert:  Sam replied 4 years ago.

Thanks for your question

Can you advise when you left the UK to reside in Australia, and also advise how many days you have spent in the UK each tax year, since the date your ceased to live here.

I can then advise the UK capital gain position.



Customer: replied 4 years ago.

Hi Sam


I left in 2002 with my family but divorced my ex-wife in 2012, up until then I was not in the UK for more that 2 months each year. Last year , I was in UK for 3 months. My ex-wife is Australian.



Expert:  Sam replied 4 years ago.



Thanks for your response


I need the exact days you were in the UK , because "3 months" could be as little as 89 days or as much as 92 days which makes a difference as to whether you are to be treated as resident in the UK. As HMRC will treat you as resident if you have averaged more than 90 days (although in your favour over a 4 year period) so this could well be salvaged, so I need exact days for tax year 2011/2012 and also 2012/2013