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bigduckontax, Accountant
Category: Tax
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My wife has been working in France for the past four years.

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My wife has been working in France for the past four years. We have two flats in an Edwardian property and it is my main residence as I live in both of them. We are considering selling one of the flats to release some equity and we were wondering if we would be liable for Capital Gains Tax?

Hello, I am Keith, one of the experts on Just Answer and pleased to be able to help you with your question.

The sale of a sole or main domestic residence attracts Capital Gains Tax (CGT) on any gain made, but Private Residence Relief (PRR) applies which relieves CGT at 100%. Thus no CGT liability.

Also, when your wife went to work in France did she complete a Form P85 and send it to HMRC? If she did not she should do so immediately, there is no time limit as to its submission, it is available on the web and can be filed on line. On receipt HMRC will then classify her as non resident for tax purposes.

I do hope that you have found my reply of assistance.

Customer: replied 1 year ago.
By submitting the form P85 , as I'm quite sure she hasn't done, how will this affect her as a non resident for tax purposes?

It will make her non resident for tax purposes. Once so recorded she can spend up to 91 days in the UK in any one tax year without prejudicing her status.

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