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Posted Thu, 06 Jun 2024 08:11:22 GMT by joyce6557
I am an overseas owner owning a residential flat in UK. I sold the flat and understand that I have to report and pay any capital gains tax within 60 days of the selling. Please note that I filed my self assessment tax return and paid property income tax under a 'business account' in the past years. Please also note that I could not open a 'personal tax account' when I first filed the tax return in the very beginning some years ago since I am an overseas owner who does not have any national insurance number. I also wish to point out that I am not a trust or estate, I am just an individual. I visited the HMRC online page and wanted to understand the selling and file capital gains tax form. I tried to use the 'Report a disposal (https://www.tax.service.gov.uk/capital-gains-tax-uk-property/start' as contained under the guidance page 'Tell HMRC about Capital Gains Tax on UK property or land if you're not a UK resident'. The operation of the 'Report a disposal' button is as below:- (Step 1)This is so you can:1.Create a Capital Gains Tax on UK property account for your trust or estate. [yes or no] 2.Report your CGT on UK property sales or disposals for a trust or estate. [yes or no] (step 2) Do you want to report a capital gain for a trust or estate? [yes or no, and I ticked no] (step 3)You’ve tried to sign in as an organization Trusts are the only organisations that can use this service to report Capital Gains Tax on UK property. You have told us you are not a trust so you’ll need to file a Company Tax Return to report any taxable gains on UK property. {P.S. If I tick yes for step 2, I will be asked in step3 to provide a trust or estate number to which I do not have cos I am not a trust or estate at the outset.} You can see from the above that 'Report a disposal' page operation is just good for property disposal for a trust or estate. Otherwise, you have to file a Company Tax Return. Being an overseas owner under self assessment not under company tax return, although I really want to follow the HMRC requirement to report the disposal, unfortunately the system does not work for us. Do I really need to file a company tax return and how to file such company tax return, just because I want to report the property selling? Please advise how I can complete the disposal report. As an additional reference, I note from a post by lou D under the thread that 'unable to declare capital gains tax as person tax account being linked to business account' in this Capital gains tax forum that, his invented fixing method is to create a new personal tax account so as to get the UK property account number. However, as mentioned above, being an overseas owner, I was denied at the very beginning by the HMRC system to open a personal tax account because I have no national insurance number. In this regard, the way to create a new personal tax account is not applicable to me. Again, how can I fix the problem and report the disposal, please? Many thanks for your advice in advance.
Posted Fri, 07 Jun 2024 16:25:46 GMT by HMRC Admin 20 Response
Hi, 
Please refer to Tell HMRC about Capital Gains Tax on UK property or land if you’re not a UK resident
Thank you.
Posted Fri, 14 Jun 2024 08:45:45 GMT by joyce6557
Dear Admin, I have read the 'tell HMRC about capital gains tax on UK property or land if you're not a UK resident' already before posting the first thread. And it is because I have read it and therefore I found the button 'Report a disposal' does not work for non UK resident. The button and its thereafter actions are good for 'trust' and 'estate' only, while I am an individual. Hence, I seek for your advice. Can you have any other advice so that I can report the disposal vide the 'Report a disposal' according to the said guidelines, please?
Posted Tue, 18 Jun 2024 10:32:58 GMT by HMRC Admin 19 Response
Hi,

You would need to ensure you have a personal account and not a trust account in order to report this, so you may need to create a new government gateway account in order to do this. Please ensure you are using the link here:

Tell HMRC about Capital Gains Tax on UK property or land if you’re not a UK resident

Thank you.

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