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Posted Mon, 09 Sep 2024 09:29:32 GMT by LDLA HK_UK
Hello, I would like to confirm whether the private residential relief is applicable for overseas properties whilst they were the main and only residence. My wife and I live in Hong Kong and live in a property owned by my wife which has made a gain. I am a UK citizen and have been in Hong Kong for over 5 years. My wife is a HK citizen and never lived in the UK. Scenario 1): We plan to relocate to the UK in the near future. I would like to know if the property will attract UK CGT if we sold the HK property after we move to the UK . From reading the content on your website, it would appear we can claim private residence relief for the duration we lived in the property as our main residence. Gains after this would attract CGT subject to the relief provided for the last 9 months before the sale date. Scenario 2): If we were to let our current home in HK for a period of time before we move to the UK and subsequently sold it after moving to the UK. Would the following be correct: a) Private residence applies from the purchase date until the date we vacate the property. The property value on the date we vacate would be the market value b) CGT would be chargeable on any gains from the moving out date in (a) subject to the relief provided for the last 9 months before the sale date. c) Prior to the sale, UK income tax would be payable on any rental income generated after we relocate to the UK regardless of whether the funds are transferred to the UK or remain in HK (on the assumption that we do not use the remittance basis). I also believe we may be able to apply the 3 year exemption which is available for any reason giving us a potential 3 years and 9 months grace period where CGT would not be applicable in both the scenarios above. I would be grateful if you could confirm my understanding is correct. Thank you in advance for you help.
Posted Thu, 12 Sep 2024 08:58:11 GMT by HMRC Admin 19 Response
Hi,
This forum is for general queries only and is intended to help you self-serve. We are unable to provide specific advice tailored to individual circumstances.
You can see guidance here:
Capital Gains Tax: what you pay it on, rates and allowances
Private Residence Relief
Tax on foreign income
Alternatively, you may wish to engage the services of a professional advisor/accountant to assist with your enquiry.
Thank you.

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