UK residents are generally liable to Capital Gains Tax (CGT) when they dispose of overseas property at a gain. A disposal includes selling, gifting, or otherwise transferring ownership of a property located outside the UK.
CGT is chargeable on the profit made on the disposal at 18% for basic rate taxpayers and 24% for higher and additional rate taxpayers. You can usually reduce your gain by deducting allowable costs, such as legal fees, estate agent fees and the cost of capital improvements (but not routine maintenance).
If you are a UK resident but your permanent home (“domicile”) is abroad, special rules may apply which can affect how gains are taxed and reported.
You may also be liable to tax in the country where the property is located. Where the same gain is taxed in both jurisdictions, double taxation relief may be available depending on the terms of the relevant tax treaty between the UK and that country.
Non-residents may still be within the scope of UK CGT on overseas property in certain circumstances, including where they return to the UK within five years of leaving.
Given the complexities between UK rules, overseas tax systems and residency status, it is important to consider your tax obligations in both jurisdictions when disposing of overseas property.
