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Posted Thu, 02 May 2024 20:57:58 GMT by capgainp
We have owned a share of the property in Netherlands for the last 35+ years. First my parents and now my siblings live in this house, and they want to buy my share. The tax treaty between the Netherlands and UK seems to imply in article 13 that the sale would be taxed in the country where the property is: (1) Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 of this Convention and situated in the other Contracting State may be taxed in that other State. Does this mean I would not pay CGT in the UK on the sale? Many thanks in advance
Posted Mon, 13 May 2024 08:31:52 GMT by HMRC Admin 19 Response
Hi,

You will need to declare the sale, and, or gain in the UK, but any UK rax due can be reduced by claiming foreign tax credit relief for tax paid in the Netherlands. You can see guidance here:

Relief for Foreign Tax Paid 2024 (HS263)

Thank you.

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