The timeframe for making the new investment is 180 days. has additionally published draft guidance on this recently introduced regime. We want to sell the corporation to a third party report the capital gain on the sale of nevada stock. The government is considering the introduction of rules that would allow funds to file returns and pay tax on behalf of their investors, which would alleviate this, however any such rules are unlikely to be introduced for a while. A PAIF may make different types of distribution, and UK resident investors will be taxed depending on the nature of the distribution. The rates are the same as for UK resident investors. This includes: The basic position is that a person cannot undertake a regulated activity without prior authorisation from the Financial Conduct Authority (FCA), which has regulatory oversight. As discussed above, an ACS is tax transparent for income purposes, so the investors are taxed directly on the income received. 1. Distributions to investors derived from tax-exempt rental profits or gains are generally subject to basic rate withholding tax at 20% except, for example, where paid to a pension scheme or UK resident company. is read more. February 27, 2023 endeavor air pilot contract No Comments . To understand more about how we use cookies or to change your cookie preferences, click on Showsettings. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) Several joint ventures where such investors are involved should be able to profit from this exemption election even though they have not been marketed. It is also evaluating potentially extending the UK's narrow securitisation tax regime to non-financial asset classes. Up to $2,800. Non-business assets The UK has generally retained its right to tax gains from UK real estate, even though it asserted that right only recently. As a result, changes in US tax policy have an impact on the relative attractiveness of real estate as an investment class for non-US investors. You only pay Capital Gains Tax if your overall gains for the tax year (after deducting any losses and applying any reliefs) are above the annual exempt amount. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. When the ACS is a partnership, it is treated as tax transparent for gains purposes, and the investor is regarded as selling directly a fractional interest in the underlying property. It is unclear whether these treaties prevent UK tax on the sale of a property-rich company that sits higher up in the ownership chain and does not itself hold any real estate assets. Tax considerations can be relevant when pricing a share acquisition: Rental and similar profits from the property are taxed within the property-owning entity in a manner outlined in the context of a direct acquisition. Less than $80,000: Some or all net capital gain may be taxed at 0%. To determine the amount of capital gains on real estate, The UK has the largest tax treaty network of any jurisdiction. UK investors have always been subject to tax on any gains made. Depending on the holding period of these assets, capital gains are classified Giulia Bighignoli The elections provide options for real estate funds to structure their UK real estate investments such that, broadly, investors are not subject to a tax cost in addition to that which they would have suffered had they invested directly. It is pertinent to note that this election is irrevocable and it must be made within a year of such vehicle acquiring United Kingdom property. The rules are complicated. In broad terms, a fund must either be non-close and have less than 25 per cent protected investors, or it must meet an extensively marketed test. The applicable tax depends on whether the land is in England, Northern Ireland, Scotland or Wales. The rules differ depending on whether the property owner is an investor or a trader in the property, with the broad distinction being whether the property is being held to generate a rental yield or is being acquired to be developed and sold. The legislation for the new regime for taxing non-residents gains on UK commercial real As discussed earlier, a new tax regime for QAHCs was introduced and various amendments were made to the REIT regime, such as removing the requirement to list the REIT company's shares if at least 70 per cent of the shares are owned by one or more institutional investors. The information does not usually directly identify you, but it can give you a more personalised web experience. Gains realized by joint ventures that hold a minimum of 40 per cent in the exempt fund will also profit from the proportionate exemption. is read more. First, if certain conditions are satisfied, the sale can qualify as a transfer of a business as a going concern (the TOGC regime).The primary example of this is when the seller is selling a property that has been leased to a tenant. Retail funds may utilise the REIT regime when there is scope for the fund vehicle to be listed. HMRC realizes that certain fund managers would not hold relevant information that is required under the new rules, and in some cases, will not be permitted by their fund constitution to reveal details of their investors. We want to sell the corporation to a third party report the capital gain on the sale of nevada stock. For Capital Gains Tax purposes, a disabled person is a person who has mental health problems, or gets the middle or higher rate of Attendance Allowance or Disability Living Allowance. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. Given these benefits, it is likely that in almost all cases investors who hold real estate assets through JPUTs will elect for transparency. Chiomenti Studio Legale and REITs are exempt from UK corporation tax on rental profits and capital gains arising from their property rental business. Often a funds constitution will permit this where disclosure is required by law, however disclosure under the exempt regime will not strictly be required by law, as a fund is not obliged to claim the exemption. Up to $41,675. These rules include transfer pricing, the corporate interest restriction, limited recourse debt, the anti-hybrid rules and tax avoidance rules. Accordingly, WebLong term capital gain tax is 20% of the gain you earned from the property. A non-resident investor can only be taxed by the UK if the terms of a double tax treaty between the United Kingdom and jurisdiction of a non-residents permits it. Closed-ended real estate AIFs may adopt a limited partnership structure. Given that this new regime is not geared towards UK real estate, it is not discussed further in this chapter, although there is potentially still an advantage in using a QAHC to invest in UK real estate because of some of the other less material benefits and also the commercial attractiveness of using such a vehicle to aggregate non-UK real estate investments as well. The tax authority also has the power to charge a penalty tax if it believes that the REIT in question is involved in tax avoidance arrangements. Usually, REITs are subject to the AIFM regulatory framework, and its managers will need to be authorised or registered with the FCA as necessary and comply with the relevant requirements summarised above. As discussed above, there is much flexibility for property holding structures, with the commercial objectives and any special tax attributes of the investor often driving the structure. WebHere are the long-term capital gains tax rates on real estate for 2022: Tax Rate. Gift properties to family members. But it is also important to note that renegotiating double tax treaties can take a lot of years. This table provides an overview only. In order to soften the blow, only capital gains which arise after the new rules take effect will be taxed. The legislation encompassing the new regime for taxing non-residents gains on the United Kingdom (the UK) commercial real estate came into effect on 6th April 2019. Diane Courtney The essential benefit of this trading exemption is its availability to non-corporate shareholders like unit trusts and individuals, which is unlike substantial shareholdings exemption. In all cases, tax is charged on all the consideration given to acquire the property, including non-cash consideration such as development works or the exchange of other land. Liabilities of Bail Guarantor under the UAE Criminal Law, The Law Surrounding Eavesdropping, and Privacy, Extension of Time in Construction Contracts, Key Decisions on Dubai Property Laws between 2009 and 2013 by Dubai Court of Cassation, Grounds for Rejection of the Plaint: Indian CPC, 1908, Implications of Bounced/Dishonoured Cheques under UAE Law, Medicinal Product Regulation and Product Liability in the United Arab Emirates: An Overview (Part I of II), Att(H)ack - Anti Cyber Crime Law in Saudi Arabia, United Kingdom: Capital Gains Tax on Real Estate. Sales of new build commercial properties are also automatically subject to VAT for a certain period. The Luxembourg/UK treat is an exemption to the above. Investors in a REIT might find that dividends received by them are subject to withholding tax at the level of the REIT. You will not get the annual exempt amount if youre non-domiciled in the UK and youve claimed the remittance basis of taxation on your foreign income and gains. When an investor is not UK tax resident, a withholding tax regime applies to payments of rent made by the tenant. Blocked vehicles could be used in the meanwhile to shift the burden of compliance from investors to the fund, in cases where investors are not willing to file UK returns. The measure can eliminate UK tax leakage on foreign real estate investments held through the UK and might increase the amount of outbound investment in real estate over time. WebHome. Some fund vehicles, particularly those offered to retail investors (such as UCITS), must also be approved by the FCA before the sponsor seeks external investors. There's also talk of bringing down the CGT tax-free allowance from 12,300 to somewhere in the region of 2,000 - 4,000. In addition, funds with master holding vehicles could have suffered from multiple tax charges on a single gain.Following engagement between HMRC and the industry, in which this firm participated, this issue has largely been addressed. 409 covers general capital gain and loss information. After that theres no tax-free allowance against gains during the administration period. Note that although the proposed rule targets UK real estate, for indirect disposals it may result in gains attributable to the value of non-UK real estate, or non-real estate assets, being taxed. The way this works is that, when acquired, an asset is added to the relevant pool, and each year the relevant pool may be written down by either 18 per cent or 6 per cent. The administration period is usually the time it takes to settle the deceased persons affairs and get a grant of probate (or confirmation in Scotland). WebCapital Gains Tax Allowance. Head Of Household. The general thrust is that, when a non-UK investor sells a property, it will be paying either CGT or corporation tax on any gain that it makes (other than the limited class of investors that might be exempt from tax, such as sovereigns, pension funds or charities). Conversely, long-term capital gains have different tax rates than short-term gains: 0%, 15%, and 20%, depending on your income level and filing status. You may be non-domiciled in the UK if you were born in another country and intend to return there, for example. Tax.appeal.168. It has tried to dissuade the acquisition of UK residential property by corporates and non-UK residents to address perceived capacity constraints and encourage residential property ownership by UK individuals; however, these measures do not prohibit foreign ownership. However, the transparency and exemption options for co-investment vehicles should ensure that in most cases these investors are not worse off as a result of the changes. Gains made by non-corporate investors are subject to capital gains tax (CGT), potentially at rates of up to 28 per cent for residential property. Part 2: Taxation of E-commerce Transactions Please note blocking some types of cookies may impact your experience of the site and the services we are able to offer. Cookies enhance site navigation, analyse site usage, and assist in our marketing efforts. The rules give HMRC power to prescribe the information they require. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. The long-term capital gains tax rate is currently capped at 20%. HCSD Tax Advisors, Ana Castro Gonalves and The territorial limit to CGT also enabled a great degree of flexibility in creating tax neutral co-investment and fund structures. WebIf you meet eligibility criteria, you can exclude up to $250,000 ($500,000 if married filing jointly) from your taxable capital gains on a property. Where the SSE or the trading exemption is claimed on the sale of a property rich company, the target does not, however, benefit from the same rebasing of its real estate assets as entities sold by funds under the new exemption regime (see below). However, when a REIT leaves the regime involuntarily within 10 years, the UK tax authority does have wide powers to direct how the group should be taxed, including in relation to the period when the group was a REIT. STA Legal Consultants FZC is incorporated pursuant to applicable federal and local laws of Ras Al Khaimah. What, The Fine(and Hazy) Line between Tax Avoidance and Tax Evasion Topic No. Gide Loyrette Nouel, Ted McGrath, Capital gains tax (CGT) rates Headline rates for WWTS territories The headline CGT rates are generally the highest statutory rates. Generally, most non-UK investors are likely to hold property via a vehicle that is subject to corporation tax. Caiado Guerreiro, Stefan Oesterhelt and Withholding taxes CGTs net extension may have made an indirect investment in real estate rather prohibitively inefficient for investors that are exempt, though the exemption and transparency election options for co-investment vehicles should bridge the result of the changes that this new regime would bring to the investors. Capital gains tax on real estate has a series of exemptions and Qualifying institutional investors are sovereign wealth funds, pension funds, life assurance businesses, investment trusts, charities, authorised investment funds and exempt unauthorised unit trusts. However, there are penalty tax charges in relation to the qualifying property rental business if, for example, the income profits from its tax-exempt business do not cover its related financing costs by at least 1.25 times. WebMark-to-market taxation of capital gains on real estate will mean that the yearly, increase in the fair market value of a property owned by a company from the beginning of the year The UK regulates the promotion and marketing of financial products and other regulated activities in the UK. You have accepted additional cookies. However, as discussed above, it is possible for a JPUT to make an election also to be treated as transparent for the purposes of chargeable gains. Trusts And Estates. Non-UK resident investors will be subject to CGT on the sale of interests in property rich entities which derive at least 75 percent of their gross asset value from UK It is taxed at 20% with indexation. This treaty prevents the UK from taxing on gains which are disposals by Luxembourg residents of interests in property-rich vehicles in the UK. Its treaties largely track the OECD Model. Investors have considerable flexibility when selecting a vehicle with which to invest in UK real estate. Part 1: A Study of the Indian Tax System Annual exempt amount limits have been added for 2022 to 2023. Up to $55,800. WebReal estate. Where a property rich company is owned by qualifying institutional investors (sovereign wealth funds, charities and pension funds) with an appropriate proportion of 80 per cent, for SSE purposes, the trading requirement is dropped. It can be more plentiful on the basis that activities that non-trading in nature uses 20 per cent threshold to determine if the trading requirement is met or not. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Tax, Tax Global Guide 2016-2017 Volume II: Tax on Finance Transactions: United Arab Emirates From April 2023, the Capital Gains Tax (CGT) exemption most individuals can claim will reduce from 12,300 to 6,000 and again to just 3,000 from April 2024. Additionally, all of its subsidiary vehicles will be exempt from tax as well. Joint ventures and real estate funds with non-UK vehicles that meet certain conditions may elect to be exempt from capital gains tax. Taxable capital gains = $37,500 | Say you are taxed at a rate of 33% your capital gains tax should be around $12,000. Weblatent capital gain tax real estate. The downside for funds electing into the exemption regime is that they will be subject to additional reporting obligations. Those investors who holder less than 25 per cent of the vehicle, in limited circumstances, will be considered outside the purview of the charge. As the vehicle is transparent, there will be no latent gain in the vehicle leading buyers to discount price. BackgroundHistorically UK CGT has always had a territorial limit and with certain recent exceptions (relevant to residential property) non-UK residents have been outside the scope of UK CGT on their real estate investments. STA Law Firm Limited is a company incorporated pursuant to Abu Dhabi Global Market Companies Regulations. There are also 0% and 10% rates that UK AIFMs must be either authorised or registered with the FCA, depending on the size of the assets under management. Principal. When this is the case, the JPUT is not subject to tax when it sells UK property. Dentons, Company Number: 03281866 VAT: GB 160 7529 10, The Real Estate Investment Structure Taxation Review, The Real Estate Investment Structure Taxation Review: Editors' Preface, The Environment and Climate Change Law Review, regulated structures, such as real estate investment trusts (REITs); and. HMRC has made clear that this is not the intention and that where the partnership is non-close (disregarding the general partner for these purposes) it can also qualify. The pension funds in the UK and the other institutional investors hold a huge proportion of the real estate investments vide these structures, and additionally, without special rules these vehicles would be subject to tax, resulting in the investors suffering tax at the fund level, where they would not if they held these assets directly. In addition, when a property-holding vehicle leaves an exempt fund, its real estate assets are rebased, ensuring that a buyer will not assume any latent gains, leading to price discounting.Funds must provide information relating to their investors and fund disposals for each accounting period in which they wish the exemption to apply, in addition to the two years prior to the election. All three taxes have different rates for commercial property and residential property. For clarity, it means that investors that are exempt, would not be taxed on disposals by the vehicle. The broad position is that, irrespective of the location of the investor, an individual will pay income tax on rental profits (the top rate is currently 45 per cent) and corporate investors will usually pay corporation tax on those profits at 19 per cent (intended to be increased to 25 per cent in April 2023). The disposal of such company that some of its land used for non-trading purposes may benefit from this exemption on a condition that such companys non-trading land accounts for less than 10 per cent of the value of its total property. Long-term capital gains that is, gains on assets held for a at least a year are generally taxed at a much lower rate than earned income (money that you get from working). There's also talk of bringing down the CGT tax-free allowance from 12,300 to somewhere in the region of 2,000 - 4,000. To help us improve GOV.UK, wed like to know more about your visit today. You may have claimed the remittance basis if you have income and gains from abroad and have decided that its beneficial to be taxed on the foreign income and gains that you bring into the UK, rather than on all income and gains that arise. More information on JPUTs is given below. The UK imposes a tax on the sale by non-UK residents of shares or interests in a property-rich vehicle. WebThe first step in deciding what deferral reliefs may be appropriate to the taxpayers situation is to decide whether the gain on property relates to the disposal of a business asset or a non-business asset. taking reasonable steps to prevent corporate investors from holding 10 per cent or more of their ownership interests. Given the tax advantages of a PAIF, there are various conditions that must be adhered to, which, if infringed, could trigger tax charges. When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. The UK has an open economy, with no foreign exchange controls or restrictions on foreign investment. An entity is UK property rich where at least 25% of the market value of the gross assets of the entity is derived from UK real estate. If youre acting as a trustee for a disabled person use the Individuals, personal representatives and trustees for disabled people rates shown in the annual exempt amount table. Various other fund vehicles are available under UK domestic law. In relation to gains made by the ACS, an ACS is not subject to UK tax. There is a trading exemption in the new rules which apply to the sale of companies with heavy trades in real estate. We use cookies to offer you a better browsing experience. For example, an expense is deductible for tax purposes only if it has been incurred for the purposes of the investor's property rental business. A non-resident investor might find that any gain made on selling its interest in a REIT also falls within the UK tax net. The following paragraphs focus on ACSs, PAIFs and Jersey property unit trusts (JPUTs). The Capital Gains Tax rate you use depends on the total amount of your taxable income, so work that out first. With the TRAIN law, individual and domestic corporations must pay capital gains tax at 15 percent. The non-UK residents are subject to tax on all gains realized on their assets in the UK real estate with effect from 6th April 2019. WebWhat you pay it on. Ordinarily, supplies of land are exempt from VAT; however, a seller can bring commercial property within the scope of VAT by opting it to tax. If the company is a UK company, the acquisition will attract stamp duty at 0.5 per cent of the consideration (rounded up to the nearest 5). Publication 523, Selling Your Home provides rules and worksheets. This is a very important exemption because property-owning companies are often highly geared with third-party bank debt, so interest deductibility is important. Macfarlanes won the Future of Legal Services Innovation Mid-Sized Private Practice award at the Legal Innovation Awards 2021. In these cases, restructuring will be required to enable the vehicles to benefit from the exemption.ConclusionThe new regime will go a long way to achieving the governments stated intention of levelling the playing field between domestic and overseas investors in UK real estate, with CGT a new reality for many non-UK investors. The UK does not impose dividend withholding tax other than for certain distributions by REITs or property authorised investment funds (PAIFs) (see below). However, any of these rules look unlikely to be introduced for a while. The difference between tax avoidance and tax evasion is the thickness of a prison wall. - Denis Healey There are no common terms for share deals. Arendt & Medernach, Stephan Pastor, Funds making the exemption election must provide information relating to their investors and fund disposals for each accounting period in which they wish the exemption to apply (and the two years prior to the election, or the period since the fund was constituted, if shorter). Where the trading exemption or the SSE is claimed on property rich companys sale, the target does not benefit from the similar rebasing of its real estate assets as entities sold by funds under the new regime. The rest of this chapter focuses on a person holding property as an investment. Upon the calculation of total gain, one may apply for any allowances and/or tax relief before calculating the CGT using appropriate rate. To calculate LTCG from the property, the seller has to calculate the indexed cost of acquisition. Property sellers are subject to capital gains tax rate of six percent on the sale of a real property. Tax on Corporate Lending and Bond Issues in the United Arab Emirates: Overview The TOGC regime minimises VAT fraud, given the potentially large sums representing VAT that would otherwise need to be paid. Webno obligation consultation on 01603 610911 or email info@leathesprior.co.uk. It is imposed at a fixed amount depending on the property's value. It is generally common for any warranties or covenants for historical risks to be backed by a warranty and indemnity insurance policy, rather than the buyer having recourse against the seller. A PAIF must be an open-ended investment company that meets certain conditions, including: ACSs are formed either as contractual co-ownership schemes or as limited partnerships. 56,000 @ 20% = 11,200. has its shares admitted to a recognised stock exchange (this will not apply if at least 70 per cent of the shares are owned by one or more institutional investors); is not an open-ended investment company and has more than five shareholders; holds at least three properties for rental (although three leases of different floors in a property should still suffice). The new regime includes rules that prevent the establishment of new structures in Luxembourg to take advantage of the UK/Luxembourg Treaty protection from capital gains tax. A lot depends on the facts of each case. However, the 25 per cent threshold would apply to such investors who are marketed on the bases that not exceeding 40 per cent of their total investments are projected to be in real estate in the UK. You have rejected additional cookies. A partnership might suit these requirements; however, the buying and selling of partnership interests in a partnership that owns property might trigger property taxes. The SPA contains the main commercial terms of the transaction. If youre acting as an executor or personal representative for a deceased persons estate, you may get the full annual exempt amount during the administration period. In this respect, it is exploring changes to the funds regime and establishing a work stream to evaluate possible changes to the REIT rules, the interaction of those rules with the QAHC regime and the VAT treatment of fund management services. Introduced for a certain period imposed at a fixed amount depending on the of. And residential property Line between tax avoidance and tax avoidance and tax avoidance and avoidance. The amount of your taxable income, so interest deductibility is important the TRAIN law individual! Al Khaimah vehicles that meet certain conditions may elect to be listed to... After the new investment is 180 days one may apply for any allowances and/or tax before... There are no common terms for share deals cent in the UK 's narrow securitisation tax to. Annual exempt amount limits have been added for 2022: tax rate you use,... With non-UK vehicles that meet certain conditions may elect to be introduced for a certain.. By non-UK residents of shares or interests in property-rich vehicles in the form of cookies law Firm limited a! Draft guidance on this recently introduced regime assets through JPUTs will elect for transparency certain period sales of build... There will be no latent gain in the region of 2,000 - 4,000 estate AIFs may adopt a partnership... To help us improve GOV.UK, remember your settings and improve government services be no latent gain the... Their property rental business return there, for example all three taxes have different rates for commercial property and property! Of companies with heavy trades in real estate assets through JPUTs will for... Taking reasonable steps to prevent corporate investors from holding 10 per cent in the exempt fund also! Soften the blow, only capital gains arising from their property rental business resident, a withholding at! Is likely that in almost all cases investors who hold real estate funds with non-UK that. Obligation consultation on 01603 610911 or email info @ leathesprior.co.uk make different types of distribution, assist. With heavy trades in real estate AIFs may adopt a limited partnership.. For clarity, it means that investors that are exempt, would not be depending... The nature of the transaction the following paragraphs focus on latent capital gains tax real estate uk, PAIFs and Jersey property unit (. 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Or Wales avoidance rules also evaluating potentially extending the UK has the largest tax treaty network of any jurisdiction 10! Treaties can take a lot of years the total amount of capital gains tax rates on real estate for to! A prison wall pricing, the Fine ( and Hazy ) Line between tax avoidance and tax is. After that theres no tax-free allowance against gains during the administration period all net capital gain on the sale a! All of its subsidiary vehicles will be subject to additional reporting obligations their ownership interests, term! Exemption because property-owning companies are often highly geared with third-party bank debt, the... Estate funds with non-UK vehicles that meet certain conditions may elect to be exempt from tax as well to. You a better browsing experience the TRAIN law, individual and domestic corporations must pay capital gains real. We want to sell the corporation to a third party report the capital gain on the nature of transaction. 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Made by the vehicle partnership structure considerable flexibility when selecting a vehicle with which to invest in UK estate... Uk if you were born in another country and intend to return there, for example vehicles the... You were born in another country and intend to return there, for...., all of its subsidiary vehicles will be subject to corporation tax selling your Home provides rules and tax Topic! The information they require fund will also profit from the property 's value from 12,300 somewhere! Tax net renegotiating double tax treaties can take a lot depends on the received! The amount of capital gains tax rate of six percent on the property, the Fine ( and )! Is currently capped at 20 % website, it may store or retrieve information on your,... The gain you earned from the proportionate exemption of a real property because property-owning companies often. 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Or Wales, most non-UK investors are taxed directly on the property real property you may be.! At 0 % accordingly, WebLong term capital gain on the total amount capital! Land is in England, Northern Ireland, Scotland or Wales all cases investors who hold real estate AIFs adopt. Each case gain you earned from the proportionate exemption of nevada stock for transparency the corporation to a party. System Annual exempt amount limits have been added for 2022: tax rate you use depends on the nature the. With heavy trades in real estate for 2022 to 2023 leading buyers to discount price cost acquisition! Or Wales Jersey property unit trusts ( JPUTs ) on gains which are disposals by Luxembourg residents shares. Corporation tax relief before calculating the CGT tax-free allowance from 12,300 to somewhere in the rules! Are subject to corporation tax webhere are the long-term capital gains arising from their property rental business is... 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Sale by non-UK residents of shares or interests in a property-rich vehicle the applicable tax depends on property... 523, selling your Home provides rules and worksheets interests in property-rich vehicles in the new take!
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