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Posted Sat, 17 May 2025 15:48:33 GMT by Stuart Lipinski
Hi I'm non-resident (resident in France) and I disposed of three properties in 2024/25, I completed the CGT declaration online and paid the tax. The first property had zero tax to pay due to the amount of capital gain being lower than the CGT allowance, but I paid tax on the remaining two. I'm now filling out my Self Assessment, and I've put the total gains in box 52.1, and tax paid in 52.4 (total gains and tax already paid, repsectively). However, despite this being my only UK income, and having already paid the tax demadned by the CGT submissions, I'm still showing as owing tax. This seems to be ~18% of the gain on the first property, so clearly it's not taking into account the CGT allowance. Is there somewhere else on the submission that I should be indicating the CGT allowance that has been used so that I'm not charged CGT again?
Posted Mon, 19 May 2025 16:26:20 GMT by Clive Smaldon
Not HMRC, You need to complete residence pages, and tick the box to claim UK allowances by reference to either UK citizen and/or the DTA, have you done that?...which means you cant use HMRC system. Also, you need to make a manual adjustment to the forms if the sales span October budget...have you checked that?
Posted Tue, 20 May 2025 10:35:15 GMT by Stuart Lipinski
Thanks Clive. That means that it's the box to tick to claim UK allowances that I'm missing; based on the notes it looks like I should be ticking box 16 ("If you are entitled to claim personal allowances as a non-resident on some other basis, or as a dual resident remittance basis user under the terms of certain Double Taxation Agreements (read the notes), tick the box") and then filling out either 20 or 21 with the amount that I'm claiming, I'm just not sure which of those is correct for me, living in France. It appears to be box 20, since box 21 references dual residency, and I have sole residency in France, and then I'll need to complete a claim form(?) Looking at the October rules it appears that at least that is simple due to them being residential properties, so no change there. And I'm using a third party software to do the return since I'm non-resident.
Posted Tue, 20 May 2025 14:35:44 GMT by HMRC Admin 17 Response

Hi ,
 
All three properties still need to be included on the return as you can only use the annual allowance once.

This allowance is given automatically in the calculation.

It is therefore the total gain over the 3 properties that is therefore taxable .

Thank you .
Posted Tue, 20 May 2025 14:38:06 GMT by Clive Smaldon
...you can tick them both, if a UK citizen and tax resident in France both apply...it wont double it up, sometimes its only one of them, but in your circumstances both apply so tick both...3rd party software should give you full allowances when either/both ticked and no need to calculate (check calculation)

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