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Capital Gains Tax (CGT) is easy to overlook as it isn’t normally a regular occurrence for most people, like income or profits from a business are. This type of tax is payable on the difference in value between the acquisition or purchase price of an asset, and its disposal or sale price.

As more of us get involved in activities such as developing or letting residential or commercial property, or dealing in cryptocurrencies, both of which are subject to Capital Gains Tax, it’s important to understand when we might fall within CGT rules.

Our introductory guide The Basics of Capital Gains Tax looks at how CGT works with a range of assets. In this article we’ll focus on what it means for property.

What is a “disposal”?

Will I pay Capital Gains Tax if I inherit something?

When will I pay Capital Gains Tax on property?

How much Capital Gains Tax will I pay on property?

What information will I need to report for CGT?

When should I report chargeable gains?

Assets that are not residential property

Special rules for reporting the chargeable gains on residential property

How do I report gains on residential property?

We cover this in our CGT guide, but it’s a crucial point to make.

Money doesn’t actually need to change hands in order to trigger Capital Gains Tax.

 

In other words, you might not sell an asset, but you might still need to think about CGT. This is because CGT applies to the disposal of an asset, not just the sale.

So, what does disposal of an asset look like? Well, you might transfer an asset to a third party that isn’t a spouse, civil partner, or charity, for instance. To calculate the ‘gain’ in that situation, you’ll use the market value at the time.

If you acquire an asset as part of an inheritance this will not normally be subject to Capital Gains Tax, because it falls within Inheritance Tax rules. However, if you dispose of all or part of the asset after you inherit it, this may be a chargeable gain.

Not all assets are subject to Capital Gains Tax. Those that are, are known as chargeable assets. It can apply to assets held for investment, such as very expensive paintings or jewellery, but in terms of property, this can apply to:

 

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Capital Gains Tax is charged as a percentage of the gain that you make. The rate of CGT payable depends on your income tax rate and the type of asset.

Other chargeable assets are subject to a different rate of CGT, but for property the rates are:

 

Type of Taxpayer Rate of CGT on Gains from Residential Property
Higher rate taxpayer 28%
Basic rate taxpayer 18%

 

In order to report a gain, you’ll need some key information to calculate it, including:

HMRC won’t automatically send you a bill for any chargeable gains. The responsibility to report a capital gain and pay tax on it, where appropriate, lies with the individual taxpayer. There can be hefty penalties for failing to report or pay tax on time.

You can report the chargeable gains on assets through Self Assessment in the year that you made the disposal unless it involves residential property.

So, for example, a chargeable gain made in the 2021-22 tax year must be reported by 31st December 2022, and the tax paid by 31st January 2023.

If you aren’t registered for Self Assessment, you can report a chargeable gain using HMRC’s real-time online CGT Service. The deadlines are the same as for reporting and paying under Self Assessment.

The rules for reporting chargeable gains on the disposal of residential property are different to disposals of other assets.

Failure to report the gain within 60 days may result in penalties and interest on the amount due.

If you made a chargeable disposal of residential property between 6th April and 26th October 2021 you had 30 days to report it. If you haven’t already done so you can’t report it via Self Assessment or the real-time CGT Service.

To report chargeable gains on residential property you must open a CGT on UK property account, which you can open online. If you can’t use this service you can request a paper form from HMRC.

Learn more about our online accounting services. Call 020 3355 4047 to talk to one of the team, or request a free call back.

About The Author

Lauren Harvey

A fully AAT and ACCA qualified accountant, I support a wide range of businesses, from sole traders and partnerships to larger limited companies. Learn more about Lauren.

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