UK Tax

UK Taxes. UK State Pension. Income Tax Advice. Personal Taxes

In 2016 the ‘New State Pension’ was introduced.  As part of transitional arrangements to the new State Pension, taxpayers have been able to make voluntary contributions in relation to any incomplete years in their National Insurance record between April 2006 and April 2016.

Anyone who is retiring on or after 6^th April 2016, under the ‘new State Pension’ rules, requires approximately thirty five qualifying years to claim the full state pension.

The U.K. government has extended the voluntary National Insurance contribution deadline from 5^th April 2023 to 31^st July 2023. This will allow taxpayers more time to fill gaps in their NI records to maximise the amount they will receive in State Pension.

Therefore, if you’re a man born after 5th April 1951 or a woman born after 5^th April 1953 you have until 31^st July 2023 to pay voluntary contributions to make up for gaps between tax years April 2006 and April 2016, providing you’re eligible.

Where there are gaps in an individual’s National Insurance record, voluntary NICs can be paid to be eligible for a higher State Pension or entitlement to other state benefits.  Therefore, anyone with gaps in their National Insurance record from April 2006 onwards still has time to fill the gaps and increase their State Pension.

After 31^st July 2023 you’ll only be able to pay for voluntary contributions for the past six years which may not be sufficient to qualify for a new State Pension if you have less than four qualifying years on your National Insurance record. Normally, you would require at least ten qualifying years in total.

Please be aware that any payments made will be at the lower 2022 to 2023 tax year rates.  In other words, where the rates of voluntary National Insurance contributions were due to go to up from 6th April 2023, payments made by 31st July 2023 will be paid at the lower rate.

Actions for taxpayers to take before 31st July 2023: 

1. Check your NI record. Taxpayers can check their National Insurance record, via the HMRC app or their Personal Tax Account.

2. Identify any discrepancies between NI contributions paid and those showing on HMRC’s system.

3. Identify any NI credits that are missing from periods in which they should have been received.

4. Identify any shortfalls in contributions.

5. Confirm that you are eligible to pay voluntary contributions in respect of any gaps.

6. Contact HMRC if you think there are any errors.

7. Decide whether to make voluntary NI contributions. Establish how much making the voluntary contributions will cost and consider making up any shortfall by 31st July 2023, particularly for the period April 2006 to April 2017 before this opportunity is lost.

To look at your personal tax account to view your National Insurance record and obtain a state pension forecast, without charge, please click link: https://www.gov.uk/check-state-pension

The Future Pension Centre can tell you if paying for extra national insurance years will increase your state pension entitlement.  For full details, please click: https://www.gov.uk/future-pension-centre

Based on the information you receive from HMRC, if you have returned to Ireland and you decide to top up your pension contributions before the deadline date, please find link to Application Form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1102905/CF83.pdf

Please click for full HMRC guidance material which may be relevant to you if you have returned from working in the UK: https://www.gov.uk/government/publications/social-security-abroad-ni38/guidance-on-social-security-abroad-ni38#deciding-whether-to-pay-voluntary-national-insurance-contributions

Why is it so important to act before 31^st July 2023?

The ability to buy back years by looking back to 2006 is scheduled to end on 31^st July 2023. After the cut-off date, it will only be possible to pay for gaps in your National Insurance record by looking at the past six years. This means that you could lose out on the opportunity to maximise your UK State Pension for gap years before 2017.

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so.. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Taxes. Digital Service Tax. Cryptocurrency. Cryptoassets. Business Tax. Personal Taxes.

HMRC issued it’s updated Digital Service Tax guidance material today in which it confirmed that cryptocurrencies are unlikely to meet the definition of financial instruments, commodities or foreign exchange and will therefore, not be exempt from the Digital Services Tax.  For further information, please click: https://www.gov.uk/hmrc-internal-manuals/cryptoassets-manual/crypto48000

This means that exchanges dealing in crypto assets will be subject to the 2% digital services tax on their revenue.

HMRC has confirmed that it will issue ‘nudge letters’ to known UK resident crypto-asset investors who it believes may have underpaid tax on their cryptocurrency transactions.

Therefore, if you have used, bought or sold crypto-assets between 6th April 2020 and 5th April 2021, you should check whether or not you have a reporting obligation to HMRC.

Although the letters are not being sent out to non-UK domiciled individuals, this does not mean that HMRC’s view on the situs tests for crypto-assets has changed.    For further information on the location of crypto assets please click: https://www.gov.uk/hmrc-internal-manuals/cryptoassets-manual/crypto22600

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Principal Private Residence Relief, Capital Gains Tax, Cross Border Tax, Expat Tax, UK Tax Advice

If you have recently moved to the UK and intend selling your home in Ireland, please be aware that even if you qualify for Principal Private Residence Relief (from Capital Gains Tax) under Section 604 TCA 1997 in Ireland you may not qualify for UK Private Residence Relief.  This article is aimed at individuals who have become UK resident and who are in the process of selling their Irish principal private residence.  In general, you do not pay Capital Gains Tax when you sell or ‘dispose of’ your home if all the following conditions apply:

• you have only one home and you’ve lived in this property as your main home for the entire time you’ve owned it
• you have not let part of it out (Please be aware that this does not include having a single lodger)
• you have not used part of the property for business purposes only
• the grounds, including all buildings, are less than 5,000 square metres in total
• you did not buy the property with the sole or main intention to make a gain

If all the above conditions apply you will automatically get a tax relief called Private Residence Relief.

Your period of ownership begins on the date you first acquired the dwelling house or on 31st March 1982 if that is the later date. It ends when you dispose of or sell the property.

The final 18 months of your period of ownership will always qualify for Private Residence Relief regardless of how you use the property during that time but providing the property has been your only or main residence at some point.

The following periods of absence are treated as periods of occupation for the purposes of calculating Private Residence Relief:

• Any periods of absence, for whatever reason, not exceeding three years in total
• Any period of absence when carrying out the duties of your employment outside the United Kingdom
• Any periods not exceeding four years in total which are due specifically to employment requirements.

In order for these periods of absence to qualify as “deemed occupation” there must be a time both before and after the absence when the dwelling house is the individual’s sole or main residence. It is important to keep in mind that absences due to the conditions of an employment will qualify for the Relief even if the individual does not return to the dwelling house afterwards provided the reason for not their returning is due to their contract of employment requiring them to live somewhere else.

Any period of absence which requires the individual to live in job/work related accommodation will qualify for Private Residence Relief if there is an intention to occupy the dwelling as a main residence at some point.

HMRC will, by concession, allow a period of up to one year before the individual begins to occupy the property as his/her principal private residence to be treated as a period of occupation provided the property is then occupied as his/her only or main residence. In exceptional cases, HMRC may extend this period to two years.

From April 2015, the PRR rules were amended so that a property may only be treated as an individual’s main or sole residence for a tax year where that person or his/her spouse/legally registered partner has either:

(a) been tax resident in the same country as the property for the tax year in question (For further information on residence rules please follows this link:  https://www.gov.uk/government/publications/residence-domicile-and-remittance-basis-rules-uk-tax-liability/guidance-note-for-residence-domicile-and-the-remittance-basis-rdr1) or

(b)  has stayed overnight in the property at least 90 times in that UK tax year.  Time spent in another property owned in the same jurisdiction/country can also be included in the ninety day count so that the total number of days in all properties in the territory in question are added together.

The new rules apply equally to a UK resident individual disposing of an overseas home as well as to a non-UK resident disposing of a home in the United Kingdom.

Finally, Lettings Relief may be available in circumstances where Principal Residence Relief is restricted because all or part of a property has been rented out.

This Relief is particularly important for individuals who, due to the current economic climate, experience difficulty selling their former home and, as a result, find they need to rent it out while they’re trying to sell it.

A maximum gain of £40,000 per owner is exempt from Capital Gains Tax provided that property has at some time been the main or only residence of the owner.

From 6th April 2020 there will be a change to this Relief whereby Lettings Relief will only be available in situations where the owner shares occupancy with the tenant.

For complete a complete UK Tax Advisory and Compliance Service, please contact us at queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Taxes. Income Tax, Corporation and Business Taxes, Capital Gains Tax, Stamp Duty, Land Tax, Inheritance Tax.

In today’s Budget, there were a number of UK tax changes and tax policy announcements aimed at supporting businesses and enhancing living standards under Income Tax, Capital Gains Tax, Inheritance Tax, Savings & Investments, National Insurance, Pensions, Trust Tax, Property Tax, Corporation and Business Tax.  However, this brief article will only focus on Stamp Duty and Land Tax.

The Chancellor announced today that the government will extend first-time buyers relief to all first-time buyers of shared ownership properties in England and Northern Ireland.

The relief will not apply to purchases of properties valued over £500,000.

This amendment will apply to relevant transactions with an effective date of on or after 29^th October 2018.  The measure will also apply retrospectively to transactions with effective dates on or after 22^nd November 2017, which was the date first-time buyer’s relief was originally introduced.

The relief must be claimed in an SDLT Return or by amending an SDLT return which has already been filed.

For those who completed their transaction before 29^th October 2018, the opportunity to amend their SDLT Return will be extended by a further 12 months until 28^th October 2019.

A technical correction was included to extend the time frame in which the 3% SDLT on additional dwellings can be reclaimed.  This applies to situations where an individual sells his or her home within three years of making a replacement purchase.  The amendment, which comes into effect from 29^th October 2018, extends the reclaim period from three to twelve months following the sale of the old home.

For further information, please click: https://www.gov.uk/government/publications/budget-2018-overview-of-tax-legislation-and-rates-ootlar/budget-2018-overview-of-tax-legislation-and-rates-ootlar

For a full and comprehensive UK tax advisory and filing service, please contact us today at queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Capital Gains Tax. UK Tax Reliefs for Businesses and Individuals. UK Tax Advice for Shareholders and Company Directors. Entrepreneurs Relief

This UK Budget was overshadowed by Brexit, however, tax raising measures were limited and there was an anticipated range of anti-avoidance and anti-evasion tax measures. The Chancellor announced two key changes to Entrepreneurs’ Relief in today’s budget which will impact shareholders and business owners.  The application of this Capital Gains Tax (CGT) relief was restricted and the qualifying period for shareholdings to qualify for entrepreneurs’ relief has been extended from twelve months to two years.

What is Entrepreneurs’ relief?

Entrepreneurs’ Relief reduces the rate of Capital Gains Tax on disposals of certain business assets from 20% to 10%.

What changes were introduced today?

 Today’s Budget introduced two new additional tests to be met:

1. The First one which extends the qualifying holding period from one year to two years for disposals on or after 6^th April 2019.  In other words, it increases the holding period for shares held by individual shareholders. Individuals will now be required to hold the shares for at least 24 months rather than the current 12 months before they can claim Entrepreneurs’ Relief on the disposal of their shares. This change will apply to disposals made on or after 6 April 2019.
2. The second change immediately introduces two further tests that must be satisfied before Entrepreneurs’ Relief is available. These tests will require the claimant to have at least a 5% interest in both (a) the distributable profits and (b) the net assets on a winding up of the company. The measure will have effect for disposals on or after 29 October 2018.

What does the 5% Rule mean?

 The changes introduced in today’s Budget mean that along with existing conditions that an individual must hold at least 5% of the ordinary share capital and voting rights of a trading company, the individual must also be entitled to:

a)       5% of distributable profits and

b)       5% of assets available on a winding up of that company.

How is Entrepreneurs’ Relief affected by Dilution?

 As previously announced, the Government confirmed that legislation will be implemented from 6^th April 2019 in relation to individuals’ shareholdings diluted below 5% as a result of a commercial cash investment.

These individuals will be able to elect to preserve their Entrepreneurs’ Relief on gains to the date of dilution by treating their shareholding as having been disposed of and simultaneously reacquired at market value at the time of dilution. Another way of looking at this is, under the new rules, a shareholder can elect to claim Entrepreneurs’ Relief on the capital gains accrued before dilution below 5%.  This is provided the dilution resulted from an issue of new shares for cash. The Entrepreneurs’ Relief will be claimed on the eventual disposal of those qualifying shares.  There is, of course, the prerequisite that the share issue has not occurred for the purposes of tax avoidance.

There will also be an election allowing the individual to defer any tax due until a future liquidity event.

It is important to keep in mind that this provision will also not be available if the percentage entitlement falls below 5% due to a part-disposal of shares.

What about Entrepreneurs’ Relief in situations where there has been a transfer of a business to a limited company?

 The changes to Entrepreneurs’ Relief introduced in today’s Budget will affect the availability of the relief on the sale of shares originally issued after the incorporation of a trade.

A transfer of a trade in exchange for shares in a trading company should benefit from Entrepreneurs’ Relief if the trade existed for at least two years prior to the date of incorporation.

Under the current regime the claimant was required to hold the resultant shares for at least two years prior to the date of disposal.

Therefore, this amendment to the Entrepreneurs’ Relief is deemed to benefit sole traders who incorporate the trade shortly before selling their business.

For further information, please click:

https://commonslibrary.parliament.uk/research-briefings/cbp-8428/

https://www.gov.uk/government/collections/budget-2018

For further information on the full and comprehensive range of UK taxation services provided, please contact us at queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Taxes. UK Capital Gains Tax (CGT). Full Cross Border and Expat Tax Services. UK CGT Reliefs

Current UK Legislation

Principal Private Residence Relief (PPR) is a capital gains tax relief on the disposal of an individual’s only or main residence.  Under current U.K. legislation, an individual can claim relief for any period where the relevant property is deemed to be the individual’s “Principal Private Residence” (PPR).  The individual can claim Principal Private Residence relief for the final eighteen months of ownership providing the property had been that individual’s principal or main residence at any point during his or her ownership.  In other words, the final eighteen months always qualify for Principal Private Residence Relief even if the dwelling was no longer the individual’s only or main residence.  Lettings relief currently provides relief of up to £40,000 to individuals who let out a property which is or has been their main or principal residence.

Budget 2018 Amendments

The government proposes to make the following two changes with effect from April 2020:

1)      The Lettings Relief will be reformed so that it only applies where the owner of the property is in “shared-occupancy” with a tenant.  The relief can reduce the capital gain, per person, by up to £40,000, giving a potential tax saving of up to £11,200 (£40,000 x 28%) and

2)      The final period of exemption, which applies if a property has been an individual’s PPR at any point during their period of ownership, will be reduced from eighteen months to nine months.   There are no proposed amendments to the thirty six months that are available to disabled persons or those residing in a care home.

The government will consult on the proposed changes before legislating.

For further information, please click:  https://www.gov.uk/government/publications/private-residence-relief-budget-2018-brief

As Cross Border Tax Advisors, we provide a full and comprehensive UK tax advisory and compliance service including liaising with HMRC on your behalf.  For further information, please contact us through queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

Inheritance Tax. Estate Tax Planning. Ireland, US and UK Inheritances. Capital Acquisitions Tax. Double Taxation Agreements

When making a Will, few of us consider the tax implications of leaving property and assets in more than one country.  Problems often arise where more than one jurisdiction has taxing rights in relation to those assets, therefore Estate and Succession Tax Planning is essential.  Many countries impose taxes on the death of an individual, usually, in the form of inheritance or estate taxes. In Ireland inheritance tax, currently at 33%, is charged on the taxable value of all taxable inheritances. Section 11, Capital Acquisitions Tax Consolidation Act 2003 is the relevant legislation.   The Capital Acquisitions Tax rules state that where the person either making the inheritance or receiving the inheritance is tax resident in Ireland, at the time of the inheritance, then Capital Acquisitions Tax is due on the value of the assets. In other words, an inheritance will be brought within the charge to Irish tax in the following situations:

1. the disponer is Irish resident/ordinarily resident at the date of the disposition or
2. the beneficiary is Irish resident/ordinarily resident at the date of the gift or inheritance or
3. the asset, which is subject of the gift or inheritance, is situate in Ireland.

U.K. Tax

UK Inheritance Tax is payable directly from the Estate, not by the individual Beneficiaries.  In Ireland, the beneficiaries are personally liable to pay Capital Acquisitions Tax on their inheritance. Complications can often arise because the United Kingdom’s calculation of inheritance tax is based on the market value of the property at the date of death.  The Irish CAT, on the other hand, is computed on the market value at the “valuation date” which is often much later, as it would generally be the date of the grant of representation. This timing mismatch can lead to differences in both the asset valuations for tax purposes as well as the applicable currency conversion rates.

Currently, in the United Kingdom inheritance tax of 40%, is payable on the worldwide estates of UK domiciled or deemed domiciled individuals, that exceed the nil rate band threshold of £325,000. HMRC levies inheritance tax on UK-situs property and includes (a) property, (b) business, (c) cash, (d) investments, (e) pay-outs from life insurance policies, (f) jewellery, (g) antiques, etc.  Inheritance Tax also applies to certain lifetime transfers of assets.  Private Pensions, however, are not normally liable for inheritance tax as they are outside the estate.

If your estate includes your home or principal private residence then you may be entitled to an extra allowance (the RNRB) of £125,000.

U.S. Tax

In the USA, a federal estate tax of 40% is imposed on the net value of an individual’s taxable estate at the time of death, exclusive of any exemptions or credits. The tax is payable by the estate itself before the distribution of assets to the beneficiaries.  The USA taxes its citizens and long-term residents on their worldwide estates. Property situated in the USA is liable to Estate tax regardless of citizenship or residence status of the individual. Some states impose an additional estate or inheritance tax.  If applicable, an inheritance tax is calculated on the value of inherited assets received by a beneficiary after the death of the disponer.  It’s important to bear in mind that the federal tax payment deadline can precede the Irish Capital Acquisitions Tax deadline, depending on the valuation date of the inheritance which can cause problems.

The concept of “Domicile” is central to the treaty’s application. Broadly, an individual is considered to be domiciled in the US for estate tax purposes if they live in the United States with no present intention of leaving.  While there is no legal definition, the criteria for determining domicile for US estate tax purposes is different to the requirements for determining US income tax residence.  In other words, an individual may be considered U.S. resident for Income Tax purposes but not U.S. domiciled for Estate tax purposes. US domiciled individuals and U.S. citizens are taxed on the market value of their worldwide assets at the date of death. Non-US domiciled individuals, however, are liable to Federal Estate tax on the market value of their US “situs” assets.

Double Taxation

If the deceased individual owned property in one jurisdiction but leaves this property to a beneficiary who is resident in a different jurisdiction, then the possibility of double taxation arises.

Ireland has double taxation agreements with over seventy countries worldwide. With regard to Inheritance Tax, however, there are only two:

1. The Ireland/UK Double Taxation Treaty which covers both gift and inheritance tax.

2. The Ireland/US Double Taxation Agreement which only applies to Inheritance Tax. It covers Capital Acquisitions Tax but not U.S. State Taxes.

In claiming a tax credit under the DTA, the credit is granted to the person who is actually liable for UK tax.  In general, this would be the residuary legatee.  The tax credit is available only where the same event gives rise to tax in both jurisdictions.

In situations where no double taxation agreement is applicable, unilateral relief may apply. Unilateral Relief applies when the gift or inheritance consists of foreign property on which similar foreign taxes are imposed by the tax authorities in the corresponding jurisdiction. When computing the CAT liability and filing the Irish IT38 Tax Return, the tax credit equals the lower of (a) the Irish CAT arising on the foreign property and (b) the foreign tax charged by the other country.

When making a claim for Double Taxation Relief or a refund of the inheritance tax charged by the other jurisdiction, the personal representative should request a Letter of Residence from the Irish Revenue Commissioners.

For further information, please click: https://www.revenue.ie/en/tax-professionals/tdm/capital-acquisitions-tax/cat-part01-20181009072201.pdf

What we can do for you

We have a comprehensive understanding of our clients’ requirements.  This coupled with our extensive experience of Irish and International succession, trust and estate tax planning enable us to create tax efficient strategies for passing wealth to the next generation for our diverse client base.  For further information, please contact us at queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

VAT. Tax Appeal. UK Taxes. International Tax Advice. Expat Taxes.

Nestlé has lost its appeal against the original 2016 ruling by the UK’s First Tier Tribunal over the VAT treatment that should apply to its strawberry and banana flavoured Nesquik powders.  The First Tier Tribunal found in favour of the HMRC not repaying the £4 million of output VAT which had been over declared by Nestlé on these products.  Nestlé’s grounds for seeking this repayment were that the fruit flavoured powders were liable to the zero VAT rate as they were deemed to be “a powder for the preparation of beverages.”

The Tribunal held in favour of the HMRC that the products in question should remain at the standard VAT rate and as a result, no claim for the over declared output VAT is to be allowed.

Nestlé argued that strawberry and banana Nesquik should be zero rated. The reason being that they encourage milk drinking and milk is zero rated.

Nestlé also argued that these flavours should have the same VAT treatment as the chocolate flavour powder because they are in essence, the same product.

Both Nestlé and the HMRC agree that the chocolate flavoured Nesquik should be zero rated on the basis that this product contains cocoa thereby allowing it to fall within the list of “exceptions to the excepted items” according to the UK’s zero rating provisions.

The Upper Tribunal pointed out that there are number of other anomalies within the VAT system. For example, the fact fruit salad is zero rated while fruit smoothies are liable to VAT at the standard rate.

This case is likely to be appealed by Nestlé.

The lesson to be learnt from this case is that VAT advice should always be sought in advance, especially with regard to new supplies, to ensure that the correct VAT treatment is always applied.

The full ruling can be found here:  Nestlé UK Ltd and the Commissioners for Her Majesty’s Revenue and Customs, [2018] UKUT 29, Appeal number: UT/2016/120 

For up-to-date Irish, UK and International VAT advice, please contact us on queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Taxes. International, Cross Border, Ex-pat Taxes, Business, Personal, Capital Gains Tax

When faced with a large tax bill and the administrative burden of having to file Tax Returns in two jurisdictions, people always regret not getting professional taxation advice BEFORE they completed the transaction.  Over the past number of years I’ve been contacted by several Irish citizens returning home from the UK where they’ve lived and worked for a number of years.  In the majority of cases, these individuals have had difficulty selling their UK homes and, as a result, may have rented them out for a number of years until a suitable buyer was found.  The main question they asked was “Do I have an Irish and a UK Capital Gains Tax liability?”

Up until 5^th April 2015 the UK domestic law did not impose a Capital Gains Tax liability on non residents which meant if you were Irish resident, for example, then you had no exposure to UK CGT on the sale or disposal of a UK asset.  Because the UK domestic tax law didn’t and couldn’t impose a charge to UK CGT on the disposal of the asset by a non-resident then the Double Taxation Treaty didn’t need to be consulted but the individual would have a CGT liability in their place of residence.  Under Section 29(2) Taxes Consolidated Acts 1997, an Irish resident individual only paid Capital Gains Tax in Ireland.

From 5^th April 2015 the UK Government amended the taxation of gains made by non-residents disposing of UK residential property.

The New UK Rules

The new CGT charge on non-residents deals with “property used or suitable for use as a dwelling” and will include residential property used for letting purposes.

There are, of course, exclusions for certain types of property in communal use which include boarding schools, nursing homes and certain types of student accommodation.

What differentiates this new charge from the existing ATED-related CGT charge is that all residential property falling within the definition comes within the scope of this new legislation regardless of the value of the property.

The existing ATED-related CGT charge limited the charge to properties where the consideration on sale/disposal exceeded a specified “threshold amount” which for all gains arising on or after 6^th April 2015 is £1m.

So, who will be affected by this new charge?

The charge will apply to gains made by

• Individuals

• Trustees

• Closely held non-resident companies

• Funds – to the extent that these gains are not within the ATED-related CGT charge

Who will not be affected by this new charge?

Companies and funds which are not closely-held as well as the majority of institutional investors.

Tax rates (UK)

The tax rates for the new CGT charge on non-residents are the same for UK residents who pay CGT at their marginal rate of Income Tax.

What does that mean?

For taxpayers paying at a Basic Rate, the rate will be 18%

For taxpayers liable at the higher/additional rate, it will be 28%.

For non-residents, the rate will depend on their total UK Income and Gains.

Is there an Annual Exemption?

The annual exempt amount for gains of £11,000 is also be available to non-residents.

Paying and Filing (UK)

In circumstances where the non resident person has an “existing relationship” with HMRC and providing the disposal is not exempt, they will be required to file a self-assessment Tax Return following the end of the tax year and make the relevant payment within the usual deadline dates.

A person who does not have an “existing relationship” must submit a Tax Return and make the appropriate tax payment within thirty days.

What about Tax Returns requiring Amendments?

Amendments or changes to these Tax Returns are allowable within the twelve months following the normal filing date for the tax year in which the disposal is made.

In Summary

• For non-residents disposing of UK residential property, Capital Gains Tax was not an issue up until 6th April 2015.

• With the introduction of the new legislation, which takes from 6th April 2015, non resident individuals, trustees and/or closely held companies or funds may be exposed to a UK CGT Charge.

• Non-resident individuals, trustees or closely-held entities can avoid a CGT charge on a disposal of UK residential property where the property qualifies for Principal Private Residence Relief.

• The new legislation governing Principal Private Residence Relief has prevented some non-residents from claiming the CGT relief.

• Under this new rule, a residence will not qualify for PPR for a tax year unless (a) the person making the disposal is tax resident in the country where the property is located for that tax year or (b) the person spent at least 90 days in that property in that tax year.

• Non-residents can defer the payment of the CGT due until the self-assessment filing date provided they register with HMRC.

For further information, please click: https://www.gov.uk/guidance/capital-gains-tax-for-non-residents-calculating-taxable-gain-or-loss

If you have returned from the UK and you are looking for accurate and up-to-date UK Tax advice or you are seeking UK Tax Consultants with specific HMRC experience, please contact us at queries@accountsadvicecentre.ie

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.