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Failure to report non-resident return for property sale

20 May 2019
Issue: 4696 / Categories: Tax cases , Capital Gains
R and R Kirsopp (TC7064)

The taxpayers had been non-UK resident since 2003 but kept a property here. They heard of the proposals in the 2013 autumn statement to introduce capital gains tax on the disposal by non-residents of UK residential property. So in March 2014 they telephoned HMRC to ask whether the sale of their former main residence would be subject to the new charge. They were told that it would be and that its sale should be reported in a self-assessment tax return although the reporting process had yet to be finalised.

The taxpayers sold their former main residence in July 2015 and Mrs K sold two other houses in March 2016 and August 2016. 

No capital gains tax was due. Their accountant reported the disposals in their self-assessment tax returns. He later discovered separate returns should have been submitted much earlier and these were made in September 2016.

HMRC imposed penalties for the...

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