Reporting gains on residential property

Source: HM Revenue & Customs | | 11/08/2020

The Capital Gains Tax (CGT) reporting and payment date for UK residents that sell certain residential property changed from 6 April 2020. This change meant that any CGT due on the sale of a residential property needs to be reported and a payment on account of any CGT due made within 30 days of the completion of the transaction.

In practice, this change will only apply to the sale of a residential property that does not qualify for Private Residence Relief (PRR). The PRR relief applies to qualifying residential properly used wholly as a main family residence.

HMRC had announced that as a result of the Coronavirus pandemic they would adopt a light touch approach and there would be no late filing penalty for any transactions completed on or after 6 April 2020 to 1 July 2020 and reported up to 31 July 2020. However, interest continued to be charged if the tax remained unpaid after 30 days for all transactions from 6 April 2020.

This grace-period has now ended and landlords and second-home owners amongst others will receive a late filing penalty if capital gains are not reported within 30 calendar days of completion of the transaction. Taxpayers that fail to meet the deadline, will be subject to a £100 fine, rising to £300 or 5% of any tax due (whichever is greater) the longer the payment is outstanding.

Note, the payment date for any CGT due on residential property sales made before 6 April 2020 will be 31 January 2021.