Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Homeward bound

08 May 2012
Issue: 4352 / Categories: Forum & Feedback , Residence & domicile
The owner of a flat in the UK let this out before going to work abroad 25 years ago. Income has been declared correctly each tax year. The client intends to return to the UK and reoccupy the flat for two or three years before selling it

We have a client who lived in a flat in London before going abroad to be self-employed for some 25 years.

During the whole time our client has been abroad the London flat has been let out and income declared correctly each tax year.

Our client has now advised us that he wants to return to the UK and reoccupy the flat for two or three years before selling it.

Our view is that the property must be sold while our client is still living abroad to avoid capital gains tax.

On the HMRC website the emphasis seems to be on employment abroad rather than self-employment. Under ‘Working away from home’ it states:

‘You’ll still get the full relief if you couldn’t live in your home because you were employed and either:

  • you carried on all of your work or duties...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon