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Sam, Accountant
Category: Tax
Satisfied Customers: 14152
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I am a Uk national but have been non resident since 1983.I

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I am a Uk national but have been non resident since 1983.I own a property in the UK which I retain solely for my own use on annual family visits.My current understanding is that if I sell this property as a non resident then I am not liable for capital gains tax.Is this correct and are there any pending changes to CGT which will change my situation?
Thanks for you question. I am Sam and I am one of the UK tax experts here on Just Answer.
Can you advise
1) What family you have here in the UK
2) How many days each tax year do you visit the UK
3) Clarify that none of the days in the UK are for work purposes
I can then advise the capital gain position
Customer: replied 3 years ago.

Hi Sam,

To address your questions:

1]I have a married daughter age 40+ and an unmarried son age 31.I have one surviving sister and one surviving brother.None of the above are economically dependent on me.

2]Normally I am careful never to stay longer than 90 days [including travel days.] This year I stayed for 118 days since my wife's sister has Motor Neurone Disease and we assisted with caring since she is still at home.[We were advised that under the revised rules of residency then we could stay for 120 days.]

3]I have not worked in the UK since 1983 and apart from our State Pensions and a very small frozen pension,which I declare as taxable income in the UK,I have no source of income there.

Hi Paul
Thanks for your response and the additional information.
Then you can sell the property without any incurring UK capital gains, as long as you sell this within a tax year, that you remain fully non resident.
And you are correct as you only have one tie - the UK property then you could have in fact undertaken up to 182 days in the UK under the new rules as per the HMRC6 guidance. (as you had 2 of less ties and had spent less than 90 days in the UK in the preceding two tax years, and have no work and no family ties, such as spouse or dependant children)
You then just need to ensure that within your country of residence, that you have no capital gain to declare there through the sale of this property.
Let me know if you have any follow up questions
Sam and other Tax Specialists are ready to help you