Liability for CGT

Hello. I bought my house in October 2009. I then married a member of the British army, and as such we have moved around a lot. I therefore have been renting out my house since August 2011. I am considering taking back the property and become liable for all bills etc so i have a base near my mum who is in a care home. I currently live in an army quarter with my family. I do not own any other properties and have done annual tax returns. My question is would I still be liable for CGT for all the years I rented out the house despite me not having a choice not to live in it and I don’t own any other property. Many thanks

Hi,
Please refer to the following guidance and in particular the section for job related accomodation:
HS283 Private Residence Relief (2024)
Thank you.

Many thanks for your reply, and it appears good news for me. It has now raised a further question however. My husband owned his own house before we met. When we married and moved in to army quarters, he rented his house out. It was sold in April 2022 and we got an accountant to do the cgt which he then paid. We were unaware of the above clause. Can he claim back the cgt he paid please?? He was sole owner and bought it before we met. Many thanks

Hi ,
 

If your husband completed a tax return for the tax year in which the property was disposed of, he would need to submit an overpayment relief claim. He would visit www.gov.uk and search for SACM125150 for guidance on how to submit the claim.  If he did not submit a self assessment tax return, he would need to submit and amended PPDCGT return form.  He should look at the guidance at : Report your Capital Gains Tax on UK property by post   . Thank you .

Thank you for your reply. From checking self assessment, he did not file for 22/23 as there was no income from the property before it was sold in that tax year. From going round in circles with no information about how to reclaim overpaid cgt that we can find on the website, do you mean that he will need to submit the same form for reporting cgt for the year 22/23 with a couple of the answers changed, as we and the accountant we used where unaware of the relief for service personnel? There is no guidance on this we can find and the chat option is unavailable. Many thanks

Hi. Very confused at the moment and would like some sound advice. My main residence has been for 39 yrs. I own a second home in Scotland which was purchased in 2022, plan is I want to live in Scotland with only 1 main residence. Basically I’m selling my main residence and with the proceeds of sale move to my second home whilst I search for a suitable property to class as my main residence, selling my second home to up the purchase funds. Would this be the way to go! Or would it be wiser to sell our second home 1st before our main residence. Just wondering what costs I would incur re CGT THX

I’m hoping that I will still get a reply to my original post as the one added above should perhaps be on a new thread as not related to my original questions. Please can you confirm whether we need to do a new report cgt form as if we were newly reporting it as there is no other form I can find to apply for a refund. Thank you

Hi Andrea Roberts,
It is now too late to submit an amended PPDCGT return form. Your husband will need to compete a Self Assessment tax return and include his worldwide income, using the relevant supplementary pages. Capital gains is declared on supplementary page SA108.  
He will need to show the revised Capital Gains Tax liability for the property disposal. The supplementary page should also show the gain declared on the PPDCGT form, box 9 page CG1, and the tax paid, box 10 CG1.
Thank you.

Hi William Errington,
We cannot provide financial advice. You can see guidance on Private Residence Relief here:
HS283 Private Residence Relief (2024)
This guidance and the calculator below, will help you work out if there is a capital gain:
Tax when you sell property
If there is, you would have 60 days to report and pay the tax due. Please also have a look at the following guidance for having two or more properties and declaring your main residence: 
CG64485 - Private residence relief: only or main residence: two or more residences: right of nomination 
Thank you.