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Capital Gains Tax reporting deadline extends to 60 days for UK residential disposals

Charles Adams As ever, in the lead up to the Chancellor’s Autumn budget announcement, there was a flutter of chatter surrounding potential tax rate overhauls. Namely, to align the Capital Gains Tax rate with the Income Tax rates and significant changes to pension relief for higher rate taxpayers. Following the announcement, many were left perplexed with the Chancellor instead focusing on areas such as alcohol and domestic flights duties.

However, for tax practitioners and taxpayers who have property interests, the Chancellor did have some good news, an extension to the maddening 30-day Capital Gains Tax reporting deadline on disposals of interest in UK land.

Rules in place prior to the budget – pre 27/10/2021

For UK resident individuals:

    • UK residents who disposed of UK residential property and made a gain which would result in a charge to Capital Gains Tax, were required to report and pay the tax due within 30 days of completion.

For Non-UK resident individuals:

    • Non-UK residents who disposed of UK residential, non-residential and mixed-use property or land, were required to report and pay the tax due within 30 days of completion.

The crucial difference being non-UK residents must report all disposals of UK property and land, even if there is no tax due. This unfortunately remains the case.

Rules in place following the budget – 27/10/2021 onwards

    • For UK and Non-UK resident individuals the 30-day deadline for submission and payment of tax has been extended to 60 days from the date of completion.
    • For UK residents where a mixed-use property (part residential and part non-residential) is disposed of, HMRC wished to clarify that only the residential portion of the gain is to be reported and tax paid.

In summary, although it seems a straightforward change, professional bodies and practitioners alike have been campaigning for change since the introduction of 30-day reporting in April 2020.

The extension should reduce the level of dry tax charges, i.e. payment of tax without receipt of funds. With the 30-day deadline to report and pay the tax due, parties disposing of the properties could potentially have not received the funds from the purchasers by the time they had to pay the tax.  60 days clearly gives taxpayers, and practitioners, a more reasonable timescale to work by.

Although the actual reporting remains cumbersome, the extension to the deadline should ease some of the administration issues which had plagued the reporting to date.

The extension to 60-day reporting will benefit a wide range of individuals and should hopefully ease what can be a stressful process for all involved. Here’s hoping it can also lighten the load for HM Revenue & Customs, giving them room to tighten their own turnaround times.

Personal Tax Advice, Edinburgh

If this article has raised any questions or you would like to speak to one of our specialist tax advisors, then please complete our contact form or call us on 0131 225 1200.

Murray Beith Murray was established in 1849 as advisors for generations of clients, committed to our values of integrity, expertise and trust. This aim and these values continue today, as does our commitment to being here when you need us.

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