Late filing penalties on non-resident CGT

KEY POINTS

• The taxpayer filed his non-resident capital gains tax return late.
• HMRC imposed penalties.
• The tribunal held that HMRC had misapplied the law.
• The taxpayer’s penalties were reduced to £100.

Since 6 April 2015 disposals of UK residential property by non-UK residents have been subject to non-resident capital gains tax (NRCGT). A return must be filed within 30 days of disposal of the relevant property.

In Jackson (TC6329) the appellant was non-UK resident for tax purposes. He disposed of two properties in the UK in May and September 2015 with no gain arising.

In line with the other cases on this subject including McGreevy (TC6109)  Hesketh (TC6266)  Welland (TC6265) and Saunders (TC6173) the appellant did not realise that the rules had changed creating an additional filing obligation. It was Mr Jackson’s intention to comply with what...