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When can I avoid CGT by emigrating from the UK? |
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Written by Administrator
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The standard rule is that an individual would need to be non UK resident/non UK ordinarily resident for five complete tax years in order to avoid a UK CGT on the disposal of most assets. However, in order to claim the exemption, it is crucial that you dispose of the asset during a tax year that you are wholly non UK resident/non UK ordinarily resident. On the assumption that you have been previously UK resident before you leave the UK, the split year basis won't not apply for CGT purposes. Therefore if you were to leave the UK in say September 2007, for a permanent absence (or for at least three years) the period from April 2007 - Sept 2007 would traditionally be a period of UK residence with the period Sept 2007 - April 2008 being a period of non UK residence. However, as this split year basis won't apply, for any disposal after April 2007 you would need to be classed as non UK resident for the entire tax year to avoid UK CGT, (as UK CGT is chargeable if you are UK resident or ordinarily resident for part of a tax year).
Again, assuming you were previously UK resident before you left the five year rule would apply and you'd need to be non UK resident for five complete tax years to avoid CGT on assets that you hold at the date of your departure.
Check out these articles when UK CGT can still apply even if you are non UK resident. Emigrating from the UK to avoid CGT |
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If I'm leaving the UK to work overseas how will I be treated for tax purposes |
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Written by Administrator
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There are special provisions for people leaving the UK to work overseas. If you were classed as non UK resident during your absence overseas, the general rule is that you would not be subject to UK income tax on overseas income. However, as regards employees, they would be charged to UK income tax on salary paid from a UK employment ie, where the duties were performed in the the UK.
You will be regarded as resident in the UK during a tax year if :
· You spend 183 days or more in the UK during the tax year, or
· Although here for less than 183 days, you have spent more than 90 days per year in the country over the past four years (taken as an average). You will then be classed as UK resident from the fifth year.
If your absence from the UK satisied this definiton, you could therefore be non UK resident. You would then be exempt from UK income tax on your salary that related to your overseas employment. It would only be if you actually performed duties in the UK that part of the overseas salary would be taxable in the UK.
You should therefore review your employment duties and the days spent in the UK to determine if you would be non UK resident. Note that on the basis you went overeas under a full time contract of employment that exceeded a complete tax year, you would be non UK resident from the date of departure provided you satisfied the above time limits.
If you were UK resident or otherwise subject to UK tax, you would then need to review any relevant double tax treaty.Check out this article on losing UK tax residence. Losing UK residence in 2007 |
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How can I avoid UK Capital Gains Tax by moving overseas? |
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Written by Administrator
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In order for disposals of UK assets to be free of UK capital gains tax you need to be non UK resident (and ordinarily resident) for at least five full consecutive tax years. If you were to dispose of assets whilst non resident and become UK resident before the expiry of five tax years any gains realised during the period of absence will be taxed on you on your return as if they were gains of the tax year of your return.
Gains realised between the date of departure and the following 5 April will be taxed in that year, ie even if the disposals occur after you have left the UK. This is because CGT is chargeable even if you are resident for only part of a tax year. We've put together a handy checklist for anyone looking to move overseas to escape capital gains tax: Moving overseas to avoid UK Capital gains tax |
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