Non-residents generally avoid UK Capital Gains Tax (CGT) on most assets (e.g., UK shares) but must pay it on UK land, property, or property-rich companies. To completely avoid it, remain a non-resident for at least five full tax years to bypass temporary non-resident rules. Key strategies include utilizing Private Residence Relief (PRR) for former homes, selling before returning, and using the 2015/2019 rebasing of property values.
You have to pay tax on gains you make on property and land in the UK even if you're non-resident for tax purposes. You do not pay Capital Gains Tax on other UK assets, for example shares in UK companies, unless either: you return to the UK within 5 years of leaving.
You may have to pay tax on certain income or gains made while you were non-resident. This doesn't include wages or other employment income. These rules (called 'temporary non-residence') apply if both: you return to the UK within 5 years of moving abroad (or 5 full tax years if you left the UK before 6 April 2013)
Make maximum use of tax-efficient wrappers
The simplest way to reduce capital gains tax is to invest within an individual savings account (ISA). The ISA allowance is currently £20,000 a year3 and all growth and income within the ISA is free from CGT and income tax.
Under the pre-2020 rules, a property could retain its CGT-free status if sold within 6 years of moving out (or indefinitely if not rented). But now, if you're a foreign resident at the time of disposal, the 6-year rule provides no protection.
A common way to defer or reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.
The full 50% CGT discount is generally not available to foreign and temporary residents for assets acquired after 8 May 2012. However, an apportioned discount may be available if you had a period of Australian residency before you became a foreign resident.
Beating the 60% tax trap: top up your pension
One of the simplest ways to avoid the 60% income tax trap is to pay more into your pension. This is a win-win, because you reduce your tax bill and boost your retirement fund at the same time. Here's an example. You get a £1,000 bonus, which takes your income to £101,000.
Capital Gains Tax 6 Year Rule Explained
To qualify, the property must have been your home before you left. If you sell within the six year exemption period, you can generally claim a full main residence exemption from CGT, provided you have not nominated another property as your main residence during that time.
From the proceeds value (or deemed proceeds value), you should deduct the allowable costs, which include the original purchase price, enhancement expenditure (such as capital improvements) and incidental costs of acquisition and disposal (such as legal fees, surveyor fees, stamp duty land tax and estate agent fees).
You can live abroad and still be a UK resident for tax, for example if you visit the UK for more than 183 days in a tax year. Pay tax on your income and profits from selling assets (such as shares) in the normal way. You usually have to pay tax on your income from outside the UK as well.
Upon returning to the UK, it's essential to update your tax status with HMRC to reflect any changes in your tax obligations, especially if you have income from foreign sources.
You may have to pay tax when you sell (or 'dispose of') your UK home if you're not UK resident for tax purposes. Even if you have no tax to pay, you must tell HMRC you've sold the property within 60 days of transferring ownership (conveyancing).
Do foreigners pay capital gains tax on U.S. property? Yes, a foreign person or citizen is responsible for paying capital gains tax on U.S. property, i.e., real estate, even if they are a nonresident. Under FIRPTA, foreign nationals selling U.S. real estate are subject to tax on any capital gain.
You get Private Residence Relief for the time you lived there (7.5 years). You also get relief for the last 9 months you owned the property, even though you were not living in it. This means you get Private Residence Relief for 8.25 of the years (55% of the time) you owned the property.
You'll need to add half of your profit to your income for the year. Because your profit was $100,000, you'll report $50,000 as a taxable capital gain. Your personal tax rate is then applied to the total amount of income you reported to determine how much tax you owe.
Capital gains tax rates
A capital gains rate of 0% applies if your taxable income is less than or equal to: $48,350 for single and married filing separately; $96,700 for married filing jointly and qualifying surviving spouse; and. $64,750 for head of household.
Five Most Overlooked Tax Deductions
The exact phrasing "stealth tax" has been in British political use since 1998 when it was used to refer to tax increases that apparently circumvented the 1997 New Labour manifesto commitment that "over the five years of a Labour government ... there will be no increase in the basic or top rates of income tax".
FAQs on UK Taxation
Why do the rich pay less tax? The rich often pay less tax due to the use of tax-efficient strategies, such as investing in capital gains assets, maximising pension contributions, and utilizing tax-advantaged accounts like ISAs.
Non-residents who dispose of a UK residential property are liable to Capital Gains Tax and, in most cases, get the annual exempt amount in the same way as UK residents. This is not available to companies who dispose of a UK residential property, as they may be able to claim other allowances.
Other ways to minimize capital gains taxes
An NRI can claim 30% standard deduction on rental income and deduction of municipal taxes paid. Capital gains tax - NRI capital gains are taxable at 12.5% or 20% slab rates (plus applicable surcharge and cess), depending upon the nature of the capital asset and period of holding.