CGT on French Home - UK CGT too?
CGT on French Home - UK CGT too?
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Discussion

RegMolehusband

Original Poster:

4,113 posts

287 months

Monday 10th September 2012
quotequote all
My partner sold her French holiday home last September 2011 and French CGT was extracted by the notaire before the balance of the funds was released.

There seems to be conflicting and confusing information on various websites as to whether the gain has to also be declared for UK CGT purposes, and I believe the rules have changed recently.

Does anybody have experience of this or be in a related business and could provide some enlightenment?


Eric Mc

125,758 posts

295 months

Monday 10th September 2012
quotequote all
The normal procedure is for the gain to be declared to the UK tax authorities. If French CGT (if that's what it is) has already been paid in France, then there should be a credit against UK CGT arising.

sumo69

2,164 posts

250 months

Monday 10th September 2012
quotequote all
Is your partner tax resident and domicile in the UK?

If so, any gain is reported and taxed here with a credit for any French withholding tax up to the rate chargeable in the Uk on the gain.

If you are unsure how the terms resident and domicile are interpreted by HMRC, drop me a PM if you like.

David

RegMolehusband

Original Poster:

4,113 posts

287 months

Monday 10th September 2012
quotequote all
Yes she is both tax resident and domicile in the UK.

Thank you both, I'll get her to have a look at your replies later and perhaps PM you David.

wattsm666

741 posts

295 months

Tuesday 11th September 2012
quotequote all
How was the French property owned - sometimes they are owned through a company, which will confuse matters.

RegMolehusband

Original Poster:

4,113 posts

287 months

Tuesday 11th September 2012
quotequote all
Privately owned, 50:50 her between herself and her ex-husband.

wattsm666

741 posts

295 months

Wednesday 12th September 2012
quotequote all
RegMolehusband said:
Privately owned, 50:50 her between herself and her ex-husband.
Eric is on the money then.