Rules for Paying Capital Gains Tax on Overseas Property

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Written by: Liez Comendador
Paying Capital Gains Tax

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As we all know, any profit attained while disposing of an asset in the UK is subject to Capital Gains Tax. It is difficult to get away from the long arm of the British taxman, regardless of whether you own resources that are actually outside the UK.


If you imagine that HM Revenue and Customs (HMRC) has no grip over your assets in unfamiliar domains, the time has come to reconsider. People usually wonder, what are the rules for paying Capital Gains Tax on overseas property?


Rules given by UK government and your concerns related to your overseas property are as follows:

What taxes are you liable to on overseas property?

UK residents are taxed on their worldwide incomes and gains by the British tax system. Therefore, if you are a UK resident, despite the property being found abroad, you will, in any case, be at risk to pay CGT IF you make a profit by selling the property. It very well might be possible to get private home relief on the profits in specific conditions. If you are UK domiciled, albeit the property is abroad, it will be by and large frame part of your domain for inheritance tax purposes.

It is likewise imperative to take note of that if the abroad property is in a constrained beneficiaries heir-ship, you may not be allowed to leave it to whoever you pick in your will (as certain wards necessitate that a specific measure of your home should pass to your spouse or kids).

There may likewise be unfamiliar taxes on unfamiliar properties to know about, for example, income tax on rents, purchase tax, tax on deals, and annual expenses identified with the property estimation. It is thusly essential to get guidance on any taxes from an expert.

CGT on Overseas Property

CGT rules for ‘non-domiciled’ residents

The UK tax code gives a particular tax system to occupant individuals yet viewed as non-UK domiciled. Your home and habitation situations with accordingly significant for deciding the degree to which any foreign (that is, non-UK) pay is burdened in the UK. Albeit significant changes have been made to the standards as of late, it actually stays an exceptionally enticing recommendation (mentioned below) for non-UK domiciled people coming to live in the UK from abroad[1].

  • The individuals who unremitted non-UK income and gains in the whole year, under £2,000. These may utilize the remittance “for nothing”, paying little mind to how long they have been a resident in the UK.
  • Those who have been resident in the UK for less than seven out of the previous nine tax years. Utilization of the remittance basis is for nothing; actually, the yearly annual income and capital gains charge recompenses can’t be attained where non-domiciled non-UK pay surpasses £2,000.
  • For a very long time or more in the last 14 assessment years, the individuals who have been UK residents should pay a charge of £60,000 at whatever year where they wish to get to the remittance basis.
  • As of now, there is likewise a £90,000 charge to get to the settlement reason for the individuals who have been UK residents for 17 of the past 20 valuation years; be that as it may, this vanished from April 2017 when the individuals who have been resident for 15 of the past 20 tax years will get considered domiciled for all-tax purposes.

If you have concerns related to your financial matters and want to know more about your residency status affecting through UK tax laws, we have a team of experts at Legend Financial ready for your assistance.

CGT rules for ‘Domiciled’ residents

A residence is all the longer haul and refers to where you consider your lasting home throughout your life. You can hold a home abroad regardless of whether you live in the UK for quite a while. It is moderately surprising to change your house. However, at times you might be considered the UK domiciled. 

With impact from 6 April 2017, HMRC treats a few people who are not UK domiciled as though they are domiciled in the UK for a personal tax and capital gains charge purposes. 

This influences you if:

  • You are domiciled other than the UK, but you were born in the UK with a UK domicile of origin, 
  • You have been resident for tax purposes in the UK for at least fifteen of the previous twenty tax years. 

Try to have an upper hand on your tax returns by staying in contact with Legend Financial (Tax and business advisors). Let’s maintain your finances together!

CGT rules for 'non-domiciled' residents

CGT rules for ‘Dual’ residents

Double Taxation: A UK resident that owns the foreign property is in danger of being taxed twice on any income or gains – by both the purview in which the property is and by the UK (as the UK charges overall income and gains of UK residents). If accessible, the remittance basis laid out above may assist with forestalling double tax collection, practically speaking. Fortunately, the UK likewise has a double taxation system that pledges with numerous nations.

A double tax system understanding contains a bunch of rules affirming which nation has the option to gather the tax in specific conditions. On the off chance that a double taxation treaty gives chosen taxing rights to the UK, the charge is just paid in the UK (and the other way around). This supersedes the domestic UK law and the domestic law in the other country.

For any foreign taxes, you play against your UK tax bill through a foreign tax credit or unilateral relief. You might get tax relief if there is no double taxation agreement in place in the dominion of your overseas property.

Want to know more about double taxation? Visit us at https://www.legendfinancial.co.uk/

Remittance Basis

Assuming you are a UK resident yet not domiciled in the UK, you might have the option to pick to be burdened on the remittance basis in regards to your foreign income and gains as opposed to being naturally burdened on your worldwide income and gains (the emerging premise). Under the settlement premise, you pay the charge in the UK on foreign income and gains just that they are transmitted (for example, brought) to the UK.

You need to consider whether you ought to settle on the remittance basis to apply[2]. This is because it has an income, as you will lose your own stipend for personal assessment and yearly remittance for capital gains. Additionally, in the event that you are a drawn-out UK resident (fundamentally UK inhabitant for seven of the past nine tax years), you will likewise need to pay a remittance base charge (which begins at £30,000).
CGT rules for 'Dual' residents
Consequently, it ought to be viewed as whether the remittance basis instead of the emerging premise will be powerful for charge purposes in every individual’s conditions. The settlement premise is just accessible in the event that you are not the UK domiciled. Since sixth April 2017, people can be considered to be UK domiciled where certain conditions are met (specifically, on the off chance that you have been UK taxed resident for 15 of the past 20 expense years). On the off chance that you just have extremely modest quantities of unremitted foreign income and gains (right now under £2000 each year), the remittance basis applies consequently.
Remittance Basis

Conclusion

In English law, the meaning of residence goes past taxation. Specifically, a foreign domicile can influence progression to “moveable” resources. Just follow the given set of rules regarding Capital Gains Tax and your nationality status, as mentioned in this article. Stay updated regarding Capital Gains Tax on overseas property by looking through finance acts and treaties as if the UK signed a tax treaty with another country where your property is.

References

Author

  • Fahad Lateef

    Fahad is a Chartered Certified Accountant (ACCA), proficient in numeracy and impassioned with giving concise advice to a wide range of clients related to different industries. With an immense experience of over a decade, he has worked as an advisor on different projects run by audit giants like Deloitte and others. He is a firm believer in mutual growth and an established culture of embracing change.

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Picture of Fahad Lateef
Fahad Lateef
Fahad is a Chartered Certified Accountant (ACCA), proficient in numeracy and impassioned with giving concise advice to a wide range of clients related to different industries. With an immense experience of over a decade, he has worked as an advisor on different projects run by audit giants like Deloitte and others. He is a firm believer in mutual growth and an established culture of embracing change.

44 thoughts on “Rules for Paying Capital Gains Tax on Overseas Property”

  1. Hello
    I recently sold a property (a flat) in Bangladesh. The sale proceeds were paid in the Bangladesh currency, Taka. I have not transferred any money from the sale from Bangladesh to UK.

    Please advise me if I am liable to be paying CGT to HMRC.

    As I see it, if I do have to pay CGT in UK for the sale of this property in Bangladesh from which no money was transferred to UK, then that CGT payment has to come out of my own money in UK and not from the proceeds of the sale. Is that what the UK law says?

    Kind Regards

    1. Hi Ibrahim, thank you for contacting us at Legend Financial with your query.

      As a UK resident, you are liable for taxes on worldwide income. In this scenario, you have sold a foreign property while being a resident in the UK for tax purposes and this attracts UK Capital Gains tax implications.

      At present, UK has a Tax Treaty with Bangladesh which means there is a possibility of double taxation relief available against the gains.

      Once it is established that there are taxable gains, a tax liability may be due. The transfer of proceeds to UK will not have any significance in deciding how to pay these taxes whether from your own money in the UK or the proceeds.

      If you would like to discuss your matter in detail, and need assistance in declaring this sale of property, kindly drop us an email on hello@legendfinancial.co.uk with your contact details and availability in order for our tax advisor to be in touch with yourself.

      Many thanks,
      Saiqa

  2. Hi,
    My wife and I had property in Spain for 20 years and we sold it on 31st of March 2023. We had a mortgage on it and we used to pay from UK for 15 years.
    There is a profit and I was told that we need to pay CGT in both countries. I am in fulltime employment and my wife is housewife (never worked), can you advise how much CGT that I will need to pay in UK? Is it a 50% for me and 50% for my wife that we need to pay? Can we include the euro transfers costs to Spain and vice versa when working out the profit and offset them against the profit? Do we need to pay CGT in both countries? Selling the properties almost cost us almost 20,000 euros. It was the same when we bought the property (SUMA, Land register, Estate agent, Notary…etc – all kind of taxes in Spain)

    Please advise how much in % that we should pay HMRC?

    Thanks
    Simon

    1. Hi Simon, thank you for your comment in request of the query of Capital Gains Tax. As a UK Tax resident, CGT would be payable on the gains on this Spanish property, and if the taxes are paid in Spain then you would be able to claim double tax relief for those taxes.

      All the incidental costs in acquiring and selling the property are allowable, except for the mortgage transfers exchange rate/fees.

      We can work with yourself and prepare an illustration, to see how much taxes will be due based on your circumstances, but for this – we advise you to drop a line on hello@legendfinancial.co.uk with your contact details and suitable times – and one of our advisors will be in touch.

      Many thanks.
      Saiqa

  3. Hi Fahad,
    We live in England and are tax resident here. We need advice on how to best sell our old house in Germany (containing 3 flats, 2 currently being rented out) to minimise capital gains tax in the UK. 90% of the property is in Zoe’s name. Oliver lived in the house most of his life and we lived there together for 11 years before moving to England in 2016.

    We are wanting to leave England next Summer to live abroad for a few years. One possibility would be Germany as then there would be no tax to pay on the property. However, we’d like to be able to choose other countries too eg. Portugal. Ideally, we’d sell the house this year, before leaving England, hence wanting advice on how to do this most efficiently.

    Many thanks,
    Zoe

    1. Dear Zoe,

      Thank you for contacting Legend Financial for your capital gains query on a foreign property.

      As there are various factors involved to answer it, we would suggest leaving us your contact information in an email on hello@legendfinancial.co.uk with suitable time for discussion and we will endeavour to have one of our expert tax advisors liaise with you immediately.

      Many thanks,
      Fahad

  4. I purchased an overseas property as a holiday home in 2006, when living in Singapore and was not a UK resident at the time. Having moved to the UK in 2018 it is longer practical to keep a holiday home on the other side of the planet. I understand I will have to pay CGT, but will this be on the gain since moving to the UK or for the gain on the 12 years prior to that too?

    1. Thank you, Richard, for your comments. Unfortunately, there was a glitch in our system and hence the response was not published earlier.

      With respect to your query, since you are now a UK tax resident, the calculation will cover from the time it was purchased as it would not be classified as main residence in anyway, so there would not be any reliefs.

      If you prefer to discuss this further, please drop us an email on hello@legendfinancial.co.uk and one of our tax advisor will get in touch.

      Many thanks,
      Saiqa

  5. Hello,
    I purchased a property abroad in 2015 and sold it in 2021. On paper there is a profit. True costs of buying included trips abroad to view, translations, POA’s, hotel stays etc; and similarly when it came to selling. I also paid for cleaning, repairs, redecoration etc. I am a UK citizen and resident.

    I am assuming all these expenses are irrelevant when it comes to calculating CGT, and that it can only be offset by the usual legal and estate agent fees and tax paid, as would be the case for a UK sale, but would appreciate your thoughts.

    Thank you,

    Alan

    1. Dear Alan,

      Thank you for your detailed comment.

      The costs you have highlighted are majorly covering the revenue aspects of the property. At the time of capital gains tax computation, only capital expenditure like structural changes and other major building works will count towards the gains.

      We can have it discussed, if you wish to and provide assistance with it – if you can drop an email at hello@legendfinancial.co.uk with your contact details and we can then take it from there.

      Many thanks,
      Fahad

  6. Hi
    We sold a property in Quebec Canada last year with a capital gain of 300,000CAD. We were charged 80,000CAD in Canada. We are being charge £32000 capital gains here. Is there any way to avoid double taxation
    Regards
    Philip

    1. Hi Philip,

      Thank you for contacting us at Legend Financial.

      Based on your scenario, there is way to treat for double taxation under DT Conventions between Canada/UK, but there must be a criterion fulfilled.

      If you would like to have this discussed further, please drop us an email on hello@legendfinancial.co.uk with your contact details and one of our tax advisors will be able to assist you on the matter.

      Many thanks,
      Fahad

  7. We are thinking of selling our property in Spain which could generate a profit of £150k since ownership of the last 3 years. I have a few questions to ask here which might be easier to break into smaller points.
    1. The property is jointly owned with my wife. I am in full time employment and complete my annual SA. My wife does not work. Would we be able to declare 50% each to take advantage of the annual allowances?
    2. At the point of sale, there will be a CGT that we will be subject to in Spain which is likely to be greater than the CGT we would have been subject to in the UK. A tax treaty does exist between the two countries, therefore when we declare the gains on our sale would we be subject to any additional taxes in the UK.
    3. I’m guessing your answer is no to this, if the amount of tax we have paid in Spain is greater than what we would have pain the UK, is there a potential rebate the UK is able to give using the double taxation treaty?
    4. Is there any other reliefs that we could obtain that we weren’t able to receive since the UK leaving the EU? Currently, there is very little deductions that can be applied since leaving the EU.

    Thanks in advance, Nilesh

  8. I sold a property in France and there is a rebate of 72% on the CGT having held the property for 20 years, and a CGT of 19% on the Capital gain after the rebate. There is a also rebate of 19.5% rebate on the social tax calculation on the CGT and the CGT on that calculation is 17% .
    I want to know if the rebate on the main tax and social tax ( tapper relief?) can be applied when calculating the UK CGT. The CGT on the main tax is 19% and the CGT on Social tax is 17%.

    Kind Regards,

    1. Dear Bethy,

      Thank you for your query, in respect of a foreign properties capital gains tax.

      Under the tax treaty, there is a possibility of the foreign taxes to be claimed for, but to have it done correctly it needs to be understood properly.

      I suggest that if you wish to have this discussed in detail, please drop us an email on hello@legendfinancial.co.uk with your contact information and availability, and one of our advisors will be in touch with you soon.

      Many thanks
      Saiqa

  9. Hi there

    I (holder of a British passport) living in Hong Kong previously purchased a property in Hong Kong on 21 March 2018 as my primary residence. However, I was recruited to come work in London on 16 July 2018 and became a UK tax resident then. The property remains my main residence whenever I go back to visit Hong Kong. I just sold the property on 9 Dec 2021. Do I need to pay Capital Gains Tax under this circumstance? If so, can I apply for some tax relief, and deduct some costs (e.g., estate agents’ and solicitors’ fees, costs of improvement works)? Grateful for your advice.

    Betty

    1. Dear Betty,

      Thank you for your comments.

      Based on the facts, the chargeable event could potentially trigger a small amount of Capital Gains Tax, but obviously where acquired permanently we can look into Prime Residence Relief and also for a short period when you became non-resident, certain conditions are to be met to see how this treatment could work.

      Since it is a Foreign Property, this need to be reported through your tax return for the year ended 5 April 2022, due by 31 January 2023.

      We can assist in this matter further, and look through in detail should you wish to. Please contact us on hello@legendfinancial.co.uk and we can then take if ahead.

      Many thanks
      Fahad

  10. Hello,
    My wife and I sold our holiday home in Spain in January this year but made a huge loss on the sale (we bought in 2007 for around £125,000 and sold for approximately £65,000).
    As this is a capital loss, am I correct in thinking that we do not have to declare anything as regards CGT on the self-assessment tax for for 2021-2022 ?
    Thanks
    David

    1. Hi David,

      Thank you for your comments here.

      As a rule, despite capital losses or gains, it is better to declare the gains/losses to HMRC as it will be in your best interest to carry forward to offset against any future capital gains.

      The capital loss of £60,000 can be carried forward against future gains.

      I hope this answers your query, but should you wish to discuss it further – please drop us an email on hello@legendfinancial.co.uk

      Many thanks,
      Fahad

    2. Hi there,

      I purchased an overseas property for GBP 70,000 and sold it 15 years later for GBP 117,000. As per rules of the foreign country CGT was deducted at source @22.3% in 2022. However this can be claimed back as part of the Income Tax filing as based on Index related Capital Gains, the property was not not sold at a “profit” and as such, there is a net loss. My questions :

      1.Will I need to be CGT on this in the UK
      2.Assume not, but if that’s not the case, can the £12,500 CGT allowance be applied when filing the return?

      Thanks

      1. Dear Richard,

        Many thanks for your comments here.

        As a general rule, any capital gains/losses are to be declared. In this situation, the asset itself is a Foreign Property – this would need to be declared through your self-assessment tax returns.

        If there is a gain, then yes capital gains tax payment would be required – but to get there it would take into account the costs involved with buying and selling, the use of the property over the period, taking into account the foreign tax paid and it’s compliance under double tax treaty and then lastly there is the annual exemption allowance for the claim.

        I hope this covers your query, but if you wish to discuss this in detail and require further assistance, kindly drop us an email on hello@legendfinancial.co.uk and one of our tax advisors will be in touch with you.

        Many thanks,
        Fahad

        1. Thanks Fahad.

          The question here is The appreciation / gain in India possibly wont be taxed for Capital Gains as they used an Index linked which looks at appreciation from year of purchase to year of sale ( https://eztax.in/capital-gains-indexation-calculator) i.e. the gain of £47k will be treated as “net loss”.

          Will this £47k “loss” in India be treated as a “gain” and taxed for Capital Gains in the UK?

          1. Dear Richard,

            Thank you for your comments again.

            The computation in the UK will consider the property’s gain retrospectively. Although indexation may have the situation creating a loss, but it doesn’t necessarily be applied in UK CGT Computation.

            I would suggest that if you are looking to discuss options, please drop us an email on hello@legendfinancial.co.uk with your contact details and availability and one of our advisors will go over this with you in detail.

            Many thanks,
            Fahad

  11. Hi,

    What is my CGT liability when selling my main home abroad before moving to the UK? I was born abroad, I am not a UK resident at the moment and I have never lived in the UK, but I am going to apply for a visa to move to the UK with my family.

    Thank you.

    1. Hi Christy,

      Thank you for your recent comment regarding the capital gains tax liability.

      Based on your scenario, since you are not a UK tax resident and appears to be domiciled outside UK, the sale of your home abroad is exempt from Capital Gains Tax.

      Should you require to discuss any other tax matters, please let us know and we can then arrange a call.

      Many thanks,
      Saiqa

      1. Hi Saiqa,

        Thank you very much. If I sell my home abroad within this tax year, and then later I become UK tax resident and domiciled in the UK within the same tax year, will the situation be different?

        Thanks.
        Christy

        1. Hi Christy,

          Thanks for your comment again, this usually doesn’t happen this way. There is a certain criterion to be fulfilled before the status changes.

          We can arrange a call if it helps.

          Many thanks,
          Saiqa

  12. Hi,
    I owned apartment i Moscow (was my only property) from 2013 to 2017,i was Russian tax resident in Russia for 10years. I reallocated to UK in 2017 and became UK tax resident. This year I finally managed to sell the flat (it was still my only property). Difference between buying and selling price of the flat was around RUB 5mio(GBP 70k).
    Should i be paying capital gain tax based on that amount? Or should i apply FX rate of GBPRUB at the date of the purchase and FX rate at the time of the sale? If i apply FX rate that was there at the time of purchase, the gain increases to GBP250k+…
    However initial GBPRUB conversion never took place as i was resident of Russia and earned RUB in Russia/paid tax in Russia; only much later I moved to UK, it was my only property despite the fact i was not living there from 2017. Please, provide your opinion. Thanks!

    1. Dear Alexa,

      Thank you for your enquiry.

      From your comments, we can see it was a prime residence for a couple years, before you became UK tax resident. As such, you are entitled to private residence relief during the period.

      With respect to the period beyond that, it needs to be clarified as to how the property was in use.

      The capital gains tax would be paid on the adjusted gains – once the calculation has been made by taking into account all the necessary costs during selling as well as at the time of acquisition.

      The FX Rates have to applied retrospectively.

      Should you need to discuss this further, please drop us an email on hello@legendfinancial.co.uk with your contact details and availability, and we can organise the call accordingly.

      Many thanks,
      Saiqa

  13. HI

    My wife and I sold a property in Portugal last July, our Lawyer/accountant has only just paid the CGT which was due, we now need to declare this on our UK SA forms, but I cannot find the correct SA form to fill in, can you please advise

      1. Dear Darren

        Thank you for your reply.
        Unless I am missing something the SA108 doesn’t take in to consideration buying and selling in Euros, also as UK residents selling overseas property.

        1. Dear Paul

          Thank you for your comment.

          Under SA108, the gains are reported in sterling’s whether converted or gains occurring worldwide.

          Thank you.
          Darren

  14. Mrs Sheila coulson

    Hi

    My husband and I have just sold a property in France (26th July) – how long do we have before we must declare the cap gains in uk? We both have a business so self assessment forms are completed by our accountant by September 2022 – Would we incur a penalty if we declare this on our SA forms?

    1. Dear Sheila,

      Thank you for coming through our comments section.

      The capital gains on foreign properties are normally declared through the self-assessment tax returns.

      Since your property is sold on 26 July this year, it would need to be declared in the tax return for the year ended 5 April 2023.

      I hope this clears up your doubts regarding declaration.

      Should you require to speak further with one of our advisors, please drop us an email on hello@legendfinancial.co.uk with your contact details and we will be in touch.

      Thanks,
      Darren

  15. If none domiciled person had a property abroad which he had valued before taking up residency then sold it afterward. Will that
    Valuation have any relevance when calculating CGT?

    1. Dear Q,

      Thank you for contacting us in respect of your query. The valuation will depend on the date the asset was acquired, as there are certain rebasing methods to be used in the capital gains tax calculation, so it is possible that the same valuation might not be the same.

      Should you wish to discuss this further, please drop us an email on hello@legendfinancial.co.uk and provide us with your contact number and a suitable time/date, for organising a call.

      Many thanks,
      Saiqa

  16. Hi!
    I have a shared ownership property in the UK, which is my main home address as well. In order to buy more shares on this property I bought a property in one of the EU countries and sold it with a profit less than a year later. With all the money saved and gained I bought more shared of the shared ownership property that I live in in the UK. Does it still count as a second property and do I need to pay CGT in the UK?

    Thank you, B.

    1. Dear Birute,

      Thank you for contacting us.

      In your situation, the UK home is your main residence as far as the only private residence is concerned. The property in the EU is considered as your foreign asset, any gains on it must have to be reported in the UK, as for any UK tax resident any worldwide gains/income must be reported.

      I hope this answers your query, but if you need further advise – please drop us an email on hello@legendfinancial.co.uk and let us know your contact details along with a suitable time of your availability for discussion.

      Many thanks,
      Saiqa

  17. Hi
    Have made about £7k on a.property in Turkey that was purchased in 2006 and sold last month.
    Taking into consideration the yearly maintenance fee,work done on premises and other costs that amount to approximately £7k,would CGT still be applicable in the UK?

    1. Dear Matt,

      Many thanks for contacting us.

      Every UK tax resident has an annual exemption allowance of £12,300 (2022) which covers the gains to this amount – any gain above this amount would be liable to capital gains tax.

      In your scenario, the total foreign capital gains are around £7K and when reported under self-assessment it will be covered by your annual exemption allowance, hence on capital gains tax would be due.

      Other costs like – yearly maintenance fee, repairs work should be covered under yearly profit calculation.

      Any other capital costs can be offset against the gains too.

      I hope this is all clear to understand. However, should you wish to speak further. we can arrange a call. If you can kindly share your contact details and a suitable time/date on hello@legendfinancial.co.uk ; one of our tax advisors will be in touch with you.

      Kind regards,
      Fahad

  18. Hi,
    If someone has real estate in Turkey for more than 5 years so no CTG applicable and U.K. resident (U.K. has a tax agreement with Turkey so no double tax), if sold with profit is CTG payable in the U.K.?
    My father in law is very confused about this.
    Thanks

    1. Dear Jay,

      Thank you for contacting us at Legend Financial.

      Once an individual is a UK Resident, they are liable to pay capital gains tax on their worldwide assets.

      In your case, the property being in Turkey, if sold on profit, would have capital gains tax due in the UK. With the double taxation agreement, you won’t be more tax in the UK infact the lower of Turkish tax or the UK tax would be due to justify the taxes paid.

      I hope this would clarify the position, however should you wish to speak further. we can arrange a call. If you can kindly share your contact details and a suitable time/date on hello@legendfinancial.co.uk ; one of our tax advisors will be in touch with you.

      Thank you
      Fahad

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