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  • Residential
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    This Week’s Dallas-Fort Worth Deal Sheet (October 10, 2023)

    This Week’s Dallas-Fort Worth Deal Sheet (October 10, 2023)

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    Zoopla is selling an extravagant home in Watford for £650k

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  • Home
  • News
    Property Tax Rally held at Montana State Capitol

    Property Tax Rally held at Montana State Capitol

    Aviva and Socius to develop £1bn south London cancer research hub | News

    Aviva and Socius to develop £1bn south London cancer research hub | News

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    Property Forum Awards 2023 – Shortlist announced

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    International Real Estate Report Highlights Portugal’s Thriving ‘Property Hotspots’

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    Irwin Mitchell adds Keith Davidson to ESG practice | News

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    Mitiska REIM raises €168 million | Property Forum

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    Cavalry Barracks developer goes into administration | News

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    Warehouse supply in Poland hits all-time high | Property Forum

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    Back at peak levels: House prices rebound after a rapid decline

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    Best years ahead for Hong Kong retail industry as patience needed for post-Covid recovery, Wharf group says

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    Allsup’s in Waco; Stay Classy pauses; $344M in unclaimed property; state tennis

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    Garbanzo Mediterranean Fresh inks 1,700 sq. ft. lease at ShopRite-anchored plaza in Delran

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    BPF calls for empty rates relief extension | Features and analysis

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    Staunton streetscaping, Buc-ee’s confirmed and library happenings: The Digest

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    Why tackling 2 massive redevelopment projects in Muskegon makes perfect sense to Jon Rooks

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    Construction to renovate Archer School into affordable housing ramps up

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    HUD Announces Over $30 Million to Combat Housing Discrimination Nationwide

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    LA Housing Department Proposes Increasing Residential Hotel Enforcement — ProPublica

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    Overall private residential property prices remained broadly flat amid lower sale transaction volume in 3Q2023

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    Affordable Housing Planned For Boston’s Seaport

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    New York trial to set Trump damages after judge finds real estate fraud

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    US office prices headed for ‘severe crash,’ investors say

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    CTO Realty Growth Announces Sale of Single Tenant Office Property in Reston, Virginia For $18.5 Million -October 02, 2023 at 07:31 am EDT

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    Taking a closer look | News, Sports, Jobs

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    Severe crash coming for US office properties, investors say

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    What $250M Brickell Office Sale Means

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    Dubai property: Office rents, occupancy levels to go up in near term – News

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    DA’s office investigating Michael Baxter & Associates

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    This Week’s Dallas-Fort Worth Deal Sheet (October 10, 2023)

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    2024 Pre-Roll Consultation Period is Underway

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    Investment firm KKR sells $560 million of U.S. industrial real estate, including Lehigh Valley properties | Lehigh Valley Regional News

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    Australian Property Journal’s sales and leasing transactions wrap

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    Industrial Tenants Flee Sydney High Rents, Space Shortages

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    Public hearings Monday on Clarkesville budget, millage rate

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    $1.2b commercial, industrial, retail sales in year’s first half: CBRE overview

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    Restaurant Real Estate: October 2023

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    Commissioners to consider development plan for land near Taylorsville

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    Council hears more on Oasis sports complex

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    Diversified Trust Co Increases Holdings in DiamondRock Hospitality: A Promising Investment Opportunity in the Hospitality Industry

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    ‘Overlooked’ Kilmarnock and Irvine set to receive ‘surprise’ £20m cash injection from UK Government

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    Paving the Way for Sustainable African Development

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    Bexhill and Hastings among towns set to receive £20 million of long term investment

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    Chameleone, Bebe Cool too old for music battles, opines Tuff B

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    31 Mistakes First-Time Homeowners Will Never Repeat – BuzzFeed

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    You can buy an 8x18ft tiny home on the beach for only $45,500

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    Grandma scammed out of nearly $480K after selling family home in fraud scheme

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    Zoopla is selling an extravagant home in Watford for £650k

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Home Residential

The trials of residential property reporting

PrR by PrR
2022-07-06
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The trials of residential property reporting

Under ’60–day’ reporting, a UK resident who disposes of UK residential property and makes a gain on which capital gains tax is due must calculate, report and pay the tax within 60 days of the completion of the transaction (prior to 27 October 2021, the deadline was 30 days from completion).

The rules primarily affect landlords and second home owners, but trusts and estates are also in scope and those who find they don’t qualify for full private residence relief – perhaps because they have moved out following a separation or because the property is inherited – may also find themselves needing to report.

The rules for UK residents are similar in form to those which have applied to non-residents since April 2015 – although non-residents must report even if no tax was due and from April 2019 have been required to report all their UK land disposals, not just residential property.

Reportable gains for residents and non-residents alike must be reported and the associated tax paid via a special online service, which requires the taxpayer to set up a CGT on UK Property account. Those that can’t manage the online process can report using a paper form.

Guidance

For the first 20 months of the service there was very little guidance from HMRC on the operation of the legislation for UK residents. That has now improved, with the publication of an appendix to the main HMRC CGT manual at the end of last year. This appendix has recently been reformatted to better fit into the CGT manual structure, but no substantial changes have been made to the content.

Interaction with self-assessment

There are various challenges with the reporting process, but one of the most common issues is the interaction with self-assessment. While reporting via the service can be sufficient for PAYE taxpayers to finalise their affairs, taxpayers who are within self-assessment must effectively report twice. The first ‘in-year’ report will result in a payment of their best estimate of the tax at that time, and then some details of the disposal must also be included on the self-assessment return to finalise the position.

A common problem when finalising 2020/21 returns was what to do if the taxpayer had paid too much tax ‘in-year’, as there was no effective method of recovering these overpayments. This has improved slightly for 2021/22, as HMRC will now allow in-year overpayments of CGT to be offset first against any other CGT liabilities, then other income tax and Class 4 liabilities shown on the self-assessment return. However, if there is still a repayment due after offset, this will not be repaid automatically and the taxpayer or their agent will need to contact HMRC by phone to arrange a refund.

Other challenges

Other common problems reported to us often relate to setting up the Government Gateway necessary to create a CGT on UK Property account. Even if the client’s IT skills are otherwise up to the challenge, we are still hearing reports that people are struggling to get through the ID verification checks which form part of the process.

We understand that work is being done behind the scenes to improve this, but in the meantime anyone that can’t manage to get set up online will need to phone HMRC on 0300 200 3300 to request a paper form. This is not ideal, as paper forms take much longer to process, are harder to amend, and the client will need to wait for a payment reference to be issued before they can settle their liability.

We are also still working with HMRC to determine what should happen when an individual has failed to submit an in-year report, and simply included the gain on their 2020/21 self-assessment return. HMRC did not confirm that in-year reporting had to be done before the self-assessment return until April 2022’s Agent Update and we did hear reports of people either being unaware that they needed to report in-year, or choosing to report via self-assessment only due to time pressures in January. Once a tax return has been submitted, it is not possible to use the online system to file an in-year report, but the obligation is still outstanding and the question of penalties in these circumstances is unresolved. We will continue to press for answers here.

As a final consequence of the standalone nature of the CGT reporting system, if the taxpayer changes their address, telling HMRC via any of the usual routes does not result in an update to their CGT on UK Property Account – so taxpayers who have reported disposals will need to log in to update this system and update their record there as a separate exercise.

Two years on, we are continuing to maintain a list of these and all the other oddities or problems that we are aware of in our ATT ‘User’s Guide’.

 



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