HMRC confirmed that a CGT UK property return must be filed even if the disposal has already been reported on a self-assessment tax return, with one exception.
HMRC previously advised that the capital gains tax UK property return should be filed before the relevant self-assessment tax return (see HMRC Agent Update Issue 95). In the interests of meeting the self-assessment (SA) filing deadline (and given the difficulties with the CGT UK property return system), many taxpayers and agents have, however, filed SA returns without first having filed the UK property return.
The ICAEW Tax Faculty reports that HMRC has decided that, where the SA tax return has already been filed, the UK property return must still be filed but using a paper return rather than via the online UK property account. One exception is where the SA return is filed within 60 days of the transaction completing, meaning that the SA return is filed before the due date for filing the UK property disposals return. In this situation, a separate UK property return is not required.
The ATT maintains a UK Property Reporting Service user’s guide which also confirms HMRC’s decision, noting as follows:
‘HMRC confirmed on 20 July 2022 the following:
‘In the situation when a taxpayer has already made an SA return and not completed a UK property return then they should complete a paper return. They should follow the normal process for doing this and contact HMRC’‘, they continued to state that ‘This means that where, for example, a 2020/21 return was filed but a required property return was omitted, the taxpayer should now rectify the position by filing a property return on paper’.
Where penalties and interest are charged for late filing, the professional bodies have asked HMRC to take into account its six-month delay in deciding how UK property returns should be filed.
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