Tax on overseas property when sold

My wife's parents passed away a few years ago and left her a property in Argentina. Her parents were Argentine citizens and lived there all their lives.

My wife is now considering selling the property to release value for helping our sons onto the property ladder.

She has dual citizenship but lives in the U.K.

Will she have to,pay tax on the money when it gets to her U.K. bank account?
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Comments

  • Keep_pedalling
    Keep_pedalling Posts: 16,574 Forumite
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    If the property has gained in value since she inherited it capital gains tax will apply if the increase in value is in excess of her annual CG allowance of £11,300. If the property was rented out previous to that she should have been paying income tax on that.
  • karcher
    karcher Posts: 2,069 Forumite
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    If the property has gained in value since she inherited it capital gains tax will apply if the increase in value is in excess of her annual CG allowance of £11,300. If the property was rented out previous to that she should have been paying income tax on that.

    How would the HMRC know how much, if any, the increase in the value of the flat in Argentina was since the parents died?
    Genuine question.
    'I'm sinking in the quicksand of my thought
    And I ain't got the power anymore'
  • Keep_pedalling
    Keep_pedalling Posts: 16,574 Forumite
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    karcher wrote: »
    How would the HMRC know how much, if any, the increase in the value of the flat in Argentina was since the parents died?
    Genuine question.

    They don't, but you have a duty report the gain and pay the tax due.
  • karcher
    karcher Posts: 2,069 Forumite
    Combo Breaker First Post
    edited 16 August 2017 at 10:19PM
    They don't, but you have a duty report the gain and pay the tax due.

    Really? Why?

    Ok so if the OP's wife kept tabs on the market value at the time of the parents death then the value at the time it is to be sold (unlikely) why is the UK govt allowed to impose tax on that? More likely the Argentinian Govt is due taxes?

    It was their home, Argentinian born, bred and lived for the whole of their lives, not a holiday home.

    I genuinely can't get my head around your assertion?

    This is property overseas and nothing to with HMRC at point of sale. The amount she brings in to the UK is relevant for tax purposes but what has that got to do with how much the property was worth in Argentina between the time of death and now?
    'I'm sinking in the quicksand of my thought
    And I ain't got the power anymore'
  • Keep_pedalling
    Keep_pedalling Posts: 16,574 Forumite
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    karcher wrote: »
    Really? Why?

    Ok so if the OP's wife kept tabs on the market value at the time of the parents death then the value at the time it is to be sold (unlikely) why is the UK govt allowed to impose tax on that? More likely the Argentinian Govt is due taxes?

    It was their home, Argentinian born, bred and lived for the whole of their lives, not a holiday home.

    I genuinely can't get my head around your assertion?

    This is property overseas and nothing to with HMRC at point of sale. The amount she brings in to the UK is relevant for tax purposes but what has that got to do with how much the property was worth in Argentina between the time of death and now?

    Capital gains applies to the sale of any property anywhere in the world with the exception of your main residence. Yes there may also be tax payable in the country of sale and if that is the case you can claim relief against that.

    https://www.gov.uk/tax-sell-property/selling-overseas-property

    The OP said this was inherited property, it is not their home.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 23 August 2017 at 6:28PM
    karcher wrote: »
    Really? Why?
    because she is selling a property that she inherited sometime ago that may (or may not) have risen in value since she acquired it

    it was not her home, she did not live in it whilst an owner. Her parents lived in it and she inherited it after their death

    she may, or may not, be liable for tax in Argentina, given she is not a tax resident of Argentina, but appears to be a native thereof. Whether she still has tax domicile in Argentina (if they have such a concept) is a matter for her to find out

    how much, if any, tax she has to pay arising from the differences between Argentinian and Uk tax law is defined very clearly in the tax treaty - she needs to read it

    https://www.gov.uk/government/publications/argentina-tax-treaties
  • Many thanks - your thoughts and the links have cleared the air for me. It seems that CGT would be payable upon a sale either here or in Argentina (since there is a double taxation agreement).

    The difficult part now is to get a back dated valuation AND in a form that would be acceptable to HMRC.

    Also, dealing with government offices in Argentina can be a nightmare but that will have to be faced since I expect they will ask for the tax first.
  • Keep_pedalling
    Keep_pedalling Posts: 16,574 Forumite
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    From what I read in the internet, property has not exactly been doing that well in Argentina over the last few years, so there probably will not be anything to pay as there may be no or very little gain to be taxed.
  • From what I read in the internet, property has not exactly been doing that well in Argentina over the last few years, so there probably will not be anything to pay as there may be no or very little gain to be taxed.

    This may indeed be true, but as far as HMRC are concerned, the spot rate to sterling on the day needs to be used, so the strength of the peso is as material as the strength of their property prices.
  • Keep_pedalling
    Keep_pedalling Posts: 16,574 Forumite
    First Anniversary First Post Name Dropper Photogenic
    This may indeed be true, but as far as HMRC are concerned, the spot rate to sterling on the day needs to be used, so the strength of the peso is as material as the strength of their property prices.

    Good point, although the peso has been struggling badly so chances are the OPs wife is looking at losses rather than gains.

    http://www.xe.com/currencycharts/?from=GBP&to=ARS&view=5Y
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