Selling UK property from abroad? You have 60 days and your solicitor probably won't tell you
Completion starts a clock that most conveyancers never mention: non-residents must file a CGT return within 60 days — even at a loss, even at nil. Where the rule came from, what filing involves, and the exact salvage routine if you've already blown the deadline.
Completion day arrives with a wire transfer and a bottle of something, not a tax briefing. Conveyancers do conveyancing; the standard letters say nothing; and so, in our experience, roughly half of non-resident sellers first meet the 60-day rule as a penalty notice months later. It is the most needlessly-paid penalty in expat tax, because compliance is genuinely straightforward — if anyone tells you the rule exists.
The rule, precisely
Since 2015 the UK has taxed non-residents on gains from UK residential property (2019 for commercial and for 'property-rich' company shares). The enforcement mechanism is the deadline: a standalone return plus a payment on account of the tax, due within 60 days of completion — not exchange. And the part that separates you from your UK-resident friends: they file only when tax is due; non-residents file every time, profit, loss or dead level. A nil return, late, still collects penalties.
What filing well looks like
The return itself is short. The value is in the computation, because non-residents get choices residents don't — the charge only reaches back to April 2015, so you can compute the gain from the property's April 2015 market value ('rebasing'), by time-apportionment, or on the whole gain, chosen per disposal. For anything owned since before 2015, rebasing routinely cuts the taxable gain by half or more, and a retrospective RICS valuation at 2015 — entirely obtainable today, around £300 — becomes the most profitable document in the file. Private residence relief still covers years you lived there plus the final nine months; the annual exempt amount (£3,000) applies; residential rates are 18% and 24% depending on where the gain lands against your UK income.
One more mechanical mercy: the 60-day payment is a reasonable estimate, trued up in the year-end return — overpayments come back. And the sale usually appears on your new country's return too, computed under local rules with credit for the UK tax; the 60-day discipline at least guarantees the UK number exists before the foreign deadline needs it.
The penalty schedule (and why speed fixes everything)
| Lateness | What it costs |
|---|---|
| Day 61 | £100, flat, immediately |
| 3 months | Potential £10/day, up to £900 |
| 6 months | £300 or 5% of the tax, whichever is greater |
| 12 months | The same again — plus interest on unpaid tax throughout |
The single fact that matters: penalties stop accruing the day the return goes in. Filing is the tourniquet. Appeals ("my solicitor never mentioned it") sometimes succeed and sometimes don't — but they always go better attached to a completed return, filed at speed, than to an explanation of why nothing has happened since March.
The salvage routine
- Day 1–59: send us the completion statement, purchase records and any 2015 valuation evidence. We've filed from a standing start in 72 hours; inside a fortnight is routine.
- Day 61–90: file immediately — you're £100 in, and it stays £100 if you move now.
- Later: file first, appeal second, and stop the daily clock before arguing about it. Then let the year-end return true up the estimate.
£449, all-in: the three-way computation, the return, the payment set-up, at whatever speed your calendar demands. If your completion is next month, the right time to instruct is now — the sixty days are far more comfortable spent on valuation evidence than on hope.
The documents that make a fast filing possible
Speed inside the 60 days is entirely a document game, so here is the pack that lets us file within a week: the completion statement from your solicitor (price, date, fees); the purchase completion statement or Land Registry entry from when you bought (original cost, stamp duty, purchase legals); receipts or a schedule for capital improvements — the extension counts here even though it never counted against rent; a April 2015 valuation if the property predates it (a retrospective RICS valuation takes about a week to commission — the one genuine lead-time item, which is why instructing at exchange rather than completion buys you the whole margin); and your UK income estimate for the year, which sets how much of the gain sits in the 18% band. Sellers who assemble this pack before completion never meet the penalty regime at all — the sixty days turn out to be fifty-three days of waiting and one afternoon of signing.
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