Non-resident capital gains tax and penalties for late returns

Stephen Relf CTA ACA considers the penalty structure for the new rules on the charge to capital gains tax on residential property which is now extended to non-UK residents and requires a 30-day filing requirement, especially since HMRC lost the McGreevy case

Four years ago, at Autumn Statement 2013, then Chancellor George Osborne announced that the charge to capital gains tax on residential property would be extended to non-UK residents. He put this down to ‘fairness’– ‘it’s not right that those who live in this country pay capital gains tax when they sell a home that is not their primary residence – while those who don’t live here do not’.

Be that as it may, problems with the processes for non-resident capital gains tax (NRCGT) – including the requirement to file a return within 30 days of the disposal – have left many non-residents feeling that they have been unfairly treated.

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