The UK housing market despite a recent cooling can create unexpected tax liabilities for US nationals should they decide to sell their UK family home. But with early advice, those tax liabilities can be minimised.

UK house prices are famously high. Over the last decade, house prices in London, according to the Office for National Statistics, have increased by as much as 120%. Outside of London, the picture is not that different with increases of 90% or more.

For US nationals deciding to sell their home that can mean a substantial gain, and the US tax authorities will want its share.

Unlike the UK where the tax authorities do not tax gains made on the family home, known as the principal private residence or PPR, the US tax authorities irrespective of where a US national lives will expect gains to be declared and tax paid.

 

Capital Gains Tax

US nationals selling their principal private residence can claim a capital gain exclusion of US$250,000 for an individual and US£500,000 when married. It does, however, come with conditions.

For a home to qualify as the principal private residence, the US tax authorities will need evidence that you have lived in the home for two of the last five years. Helpfully, that period does not need to be consecutive, and there are further exemptions if work requires, for example, regular travel.

US tax authorities will require notification of any gain, with gains over the exclusions generally taxed at 15-20%. Any gain on the sale of second homes, for example, UK rental property, will be taxed at the 15-20% rate.

A word of caution to US nationals married to a UK national: a UK national may qualify for the US$250,000 exemption, but to do may result in their worldwide income and assets being drawn into the US tax net, and that is rarely desirable.

In addition to capital gains tax, US nationals need also consider foreign mortgage gain and Net Investment Income Tax.

Foreign mortgage gain

On selling a UK home, US nationals with a UK mortgage are required to convert the transaction into US dollars. Fluctuating currency rates may trigger a gain or loss when the mortgage is closed and that is considered a trade by the US tax authorities. Mortgage income gain is typically taxed at higher income tax rates. However, and frustratingly, any loss is not deductible.

Net Investment Income Tax

Gains on the sale of a home over the exclusions will also attract an additional 3.8% tax called the Net Investment Income Tax. The tax went into effect on January 1, 2013, nicknamed the Obamacare tax, and applies where an individual’s income exceeds US$200,000 (or $250,000 for a married filing jointly status).

Tax planning options

The tax landscape for US nationals is complex and there are entirely legitimate tax planning options open that can reduce tax exposure.

For example, the way a property is owned by a US national and their partner – a move from joint tenants to tenants in common – can make a significant difference to the tax due.

US nationals living and working in the UK and looking to sell the family home should take early advice to ensure they do not pay any more tax than is needed.

Satis has many years of experience assisting with US/UK tax advice and tax return preparation, including expatriation, moving to the UK, or settling in the US. We are happy to have an initial meeting or call at no obligation to you.

What our clients say

As an American residing in London, I have complex tax requirements having to file both in the USA along with the UK.

Satis Tax has not only undertaken this massive assignment with rigour, but more importantly, it has been the very personal engagement and insightful counselling that has shaped the relationship beyond the professional requirement. Their work undertaken has been flawless in its execution. Without hesitation I would recommend their services to all those that require a level of professionalism that goes beyond a remit.

Carol
London

Ross Badger, and now his team at Satis Tax, has been handling my US and UK tax affairs for almost 25 years. Aside from the high quality of the firm’s work and its tireless effort to ensure that tax planning in both jurisdictions is as efficient as permissible, what I have particularly liked is the unstinting personal service that Ross and his colleagues provide. But, perhaps, the best indication of my satisfaction with Satis’ work is the numerous clients I have referred to the firm all of whom have been equally happy with their experience.

Bob
London

Although tax time is no fun for most people Satis Tax makes it easy and painless. Their knowledge of both US and UK tax requirements along with their quick response to queries has enabled me to spend more time on other pressing issues.

Rita
Phoenix, AZ

One or more of the Satis Tax principals has been handling my personal taxes, both US and UK, for over 35 years. That fact speaks for itself. Several aspects of Satis' work impress me: 1) Thorough understanding of both the UK and USA tax systems; 2) Attention to detail; 3) A conservative approach combined with an appreciation that for the client "every dollar/pound matters" when it comes to limiting one's tax liabilities.

Mat
Montana

Having decided to emigrate to the U.S., I was completely unprepared for how complex the interaction between the UK and US tax systems would be. From initial tax planning advice prior to emigrating, several subsequent complex business transactions, to filing both our UK and US annual returns, I’ve always felt assured that Satis have a complete understanding of the complexities of the tax regulations. This has freed us from the worry of tax compliance in both countries. Over and above keeping us complaint, they have been an invaluable sounding board when we have found ourselves facing personal decisions that have had tax consequences through the years we have been living in the US.

Rob
Florida