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Posted Tue, 21 May 2024 11:54:06 GMT by Pamela Scott
I am UK resident. I want to gift second home in Spain to my child. I understand that I will be liable for CGT in Spain and in UK, and that CGT paid in Spain can be deducted from UK liability. How long do I have in order to pay UK CGT if Spanish process takes place in ,say, July 2024? It looks from your info that UK tax can be paid by end of January 2025 , same date as general self assessment for year 23/24. Is this correct or has the UK CGT to be paid sooner than that? Second question, for IHT purposes and the 7 year rule, what date does UK record as the transaction having gone through? Is it the date of the transaction in Spain, or is it the date I pay UK CGT, or is it some other date? Thank you.
Posted Fri, 24 May 2024 10:52:00 GMT by HMRC Admin 25 Response
Hi Pamela Scott,
Capital gains is a totally separate tax to Income Tax.
Capital gains does not affect how your adjusted net income is calcuated.
Thank you. 
 
Posted Fri, 24 May 2024 12:35:19 GMT by Pamela Scott
I'm sorry but your reply does not answer my query in any way. I am not asking about income tax, solely about CGT. Could you read it again? Thank you
Posted Wed, 29 May 2024 13:55:52 GMT by HMRC Admin 19 Response
Hi,

You will need to declare the foreign capital gain in the tax return relating to the tax year in which you completed the disposal.  

If you have to pay Capital Gains Tax in Spain, you can claim a foreign tax credit in the tax return, so that you do not have to pay the same tax twice.

Thank you.

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