When you sell a property in the UK, especially one that isn’t your primary residence, it’s important to understand that the HMRC (Her Majesty’s Revenue and Customs) will likely be aware of the sale and could require you to pay Capital Gains Tax (CGT) on any profit made. But how does HMRC know that you’ve sold your house, and what are the implications?

In this guide, we’ll explore how HMRC monitors property sales, when you’re likely to pay Capital Gains Tax, and what you need to do to ensure compliance.

How HMRC Tracks Property Sales

Several methods enable HMRC to track property transactions and identify whether a sale has occurred, including:

1. Land Registry

Every time a property is bought or sold in the UK, it is recorded with the Land Registry. This central database stores details of the transaction, including the sale price and the name of the buyer. HMRC has access to these records and can cross-reference them to ensure that all relevant tax obligations have been met.

If a property sale is recorded with the Land Registry, HMRC can easily obtain the information and compare it to the owner’s declared income and Capital Gains Tax filings.

2. Solicitor and Conveyancer Reporting

When you sell a property, your solicitor or conveyancer is required to inform HMRC of the transaction. They will provide details of the sale as part of the conveyancing process, ensuring that HMRC is aware of the sale and can assess whether any Capital Gains Tax is due.

Solicitors and conveyancers are required by law to comply with HMRC regulations, including reporting any financial transactions that involve property sales.

3. Stamp Duty Land Tax (SDLT) Returns

For property sales, the buyer is required to pay Stamp Duty Land Tax (SDLT) if the value of the property exceeds a certain threshold. This tax is reported to HMRC by the buyer’s solicitor as part of the conveyancing process. HMRC can use this information to monitor property transactions and flag any potential Capital Gains Tax liabilities for the seller.

Although SDLT is paid by the buyer, it provides HMRC with vital information about the sale of the property, enabling them to track the transaction.

4. Capital Gains Tax Reports

If the property you’ve sold is not your primary residence, you are required to report the sale to HMRC and calculate any Capital Gains Tax due. The sale must be reported within 60 days of completion using the CGT on UK property service.

Failure to report the sale or pay the correct amount of Capital Gains Tax could result in penalties, but HMRC can easily cross-reference your records with the Land Registry and other reporting methods to identify if the sale has occurred.

5. Third-Party Information Sharing

In some cases, HMRC may receive information from other third parties, such as estate agents, mortgage lenders, or other financial institutions. This information can help HMRC identify property transactions and ensure compliance with tax regulations.

6. Automatic Data Matching Systems

HMRC employs advanced data matching systems to track financial transactions, including property sales. These systems compare data from various sources, such as the Land Registry, SDLT filings, and self-assessment tax returns, to detect discrepancies and identify when a property has been sold.

Do You Need to Pay Capital Gains Tax?

Whether or not you’ll need to pay Capital Gains Tax when you sell your property depends on several factors:

• Main Residence Relief: If the property sold is your main home, you are usually exempt from Capital Gains Tax under the Private Residence Relief (PRR). This means that most people who sell their primary home will not owe any CGT on the sale.
• Second Homes and Investment Properties: If the property is a second home, buy-to-let investment, or not your main residence, Capital Gains Tax may be due on any profit made from the sale.
• Allowable Deductions: You can deduct certain costs from the profit before calculating the CGT, including legal fees, estate agent fees, and costs of improvements to the property.
• Annual Exempt Amount: For the 2023-2024 tax year, the annual exempt amount for individuals is £6,000. This means you won’t pay CGT on any profit below this threshold.
• CGT Rates: If you do need to pay Capital Gains Tax, the rate will depend on your income and the size of the gain. Basic rate taxpayers will pay 18% on gains from residential property, while higher rate taxpayers will pay 28%.

Reporting the Sale to HMRC

If you’ve sold a property that is not your main residence, you must report the sale to HMRC and pay any Capital Gains Tax due. Here’s how to do it:

1. Use the CGT on UK Property Service: You must report the sale and any Capital Gains Tax liability within 60 days of the sale completing using HMRC’s online service.
2. Calculate Your Gain: To calculate your Capital Gains Tax, you’ll need to determine the difference between the sale price and the original purchase price (plus any allowable deductions).
3. File a Self-Assessment Return: If you’re already registered for Self Assessment, you will also need to include the details of the property sale on your annual tax return.
4. Pay the Tax: You’ll need to pay any Capital Gains Tax within 60 days of the sale. Failure to do so could result in penalties and interest charges.

How CANGAF Accountants Can Help

If you’ve sold a property and are unsure whether Capital Gains Tax is due, CANGAF Accountants can help you navigate the process. Our team of experienced accountants can assist with:

• Steering You Towards Your Financial Objectives
• Do You Need an Accountant for a Limited Company
• What Does an Accountant Do For a Small Business? 
• Submitting a Self-Assessment Tax Return for Someone Who Has Died
• PPR Tax Relief: Understanding the Tax Code

• Calculating your Capital Gains Tax liability
• Reporting the sale to HMRC
• Maximizing available reliefs and deductions to reduce your tax liability
• Ensuring compliance with HMRC reporting requirements

With CANGAF Accountants, you can be confident that your property sale is handled professionally, and all tax obligations are met.

Conclusion

Selling a property, especially one that isn’t your main residence, comes with important tax implications. HMRC uses various methods, including Land Registry data, SDLT returns, and third-party reporting, to track property sales. If you sell a second home or investment property, you may need to pay Capital Gains Tax and must report the sale to HMRC within 60 days.

To ensure that you stay compliant and minimize your tax liability, consider seeking professional advice from CANGAF Accountants. We can guide you through the process and help with tax planning for future property sales.

Contact CANGAF Accountants

• Address: 235 Tonge Moor Road, Bolton BL2 2HR
• Email: info@cangafltd.com
• Phone: 01204 859315