Skip to main content

This is a new service – your feedback will help us to improve it.

Posted Sun, 10 Nov 2024 21:09:46 GMT by elsie
Hello I would like to clarify the information to fill in the SA108 of my friend. - She becomes a UK tax resident in the middle of a tax year, and will apply split year treatment - She disposed some shares in company listed on non-UK Stock Exchange in her "Overseas Part" of the split year - She disposed her main resident property which is outside UK during the "UK Part" of the split year. But the property is sold within 9 months and will apply Private Residence Relief. The questions are: 1/ I read from notes to SA108, if I ONLY sold a non-UK residential property in the year which qualified for PPR, then I DO NOT have to file a SA 108, is that correct? 2/ If (1) is correct, in my friend's case, she also sold listed shares in "Overseas Part" of the Split Year, I have to file a SA 108. I wonder in this SA 108, shall I included both: (a) the gain in sales of non-UK residential property (which PPR will be claimed); and (b) the gain in sales of listed shares in the SA108 return. Am I correct?
Posted Wed, 13 Nov 2024 10:33:06 GMT by HMRC Admin 34 Response
Hi,
If you were UK tax resident when an overseas property is disposed of, you are required to report the disposal in a self assessment tax return, as a gain is taxable. If you are not UK tax resident at the time of disposal of overseas assets, such as shares, you do not declare them as they are not taxable in the UK.
Thank you
Posted Wed, 13 Nov 2024 21:36:18 GMT by elsie
The tax payer is a UK tax resident; and the tax payer applied split year treatment (incoming case 4). ie there will be an "Overseas Part" and "UK Part", where: "Overseas part" refers to period before she meets the only-home test "UK part" refers to period from she meets the on-home test. What I am pluzzed is that: a) I understand that if there is FOREIGN capital gain but arising from disposal in the "OVERSEAS PART" of the tax year, after using split year treatment, there is no need to report such FOREIGN capital gain in the self-assment return. b) Other than the forign capital gain in the OVERSEAS PART of the tax year mentiioned in paragraph a, there is also OVERSEAS capital gain from sales of residential proerty (for which qualify for applying PPR). I read from notes to Form SA108 that if one ONLY has capital gain on selling of residenital property for which PPR applies, one don't have to filll in SA108 unless there are other capital gains. I am puzzled that does the capital gain mentioned in the paragraph a (ie the FOREIGN capital gain in the OVERSEAS PART) counts as the "other capital gain" that made the tax payer has to fill in a SA108?

You must be signed in to post in this forum.