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Posted Mon, 11 Sep 2023 18:29:31 GMT by
Hello, It would be grateful if you could answer my questions as below. Many thanks. My case: My friend rented a house in the UK in the name of me and my friend in 1 January 2022 as my friend arrived in the UK first. However, I entered the UK and lived in the UK house on 20 April 2022. Before I entered the UK, I had been living in Hong Kong. Before I entered the UK, I sold gold in Hong Kong on 6 April 2022, which was worth the equivalent of £9,000 and has saved in my bank account in Hong Kong. I bought this gold in 2018 for the equivalent of £6,000. Therefore, I made a profit of about the equivalent of £3,000 on 6 April 2022. Although the rented UK house started from 1 January 2022, I entered and lived in the UK for the first time on 20 April 2022. I sold the gold in Hong Kong on 6 April 2022 before I entered the UK. I know that 6 April 2022 has entered the tax year of 2022-2023. Questions: Q1: Do I not need to apply the split year treatment and pay capital gains tax? Because this income occurred before I entered the UK, so I do not need to pay tax? Q2: Or do I need to/could apply the split year treatment and report the tax period from my entry date on 20 April 2022 to 5 April 2023, which is the end of the 2022-2023 tax year? Do I need to declare it and pay capital gains tax? Thank you so much for your kind assistance and help.
Posted Tue, 19 Sep 2023 14:04:49 GMT by HMRC Admin 19 Response
Hi,

Based on the information provided, the sale of the gold took place before you were resident in the UK, that is, in the Hong Kong part of the split year 2022/23, and you would not therefore have to declare any capital gain arising to HMRC. Please however read the detailed statutory residence test notes to ensure that you have correctly applied the residency rules to your circumstances.                

RDR3: Statutory Residence Test (SRT) notes

Thank you.                        

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