Capital Gains Tax (CGT) and Property: Address the reduced allowances and new property surcharges

In recent years, Capital Gains Tax (CGT) on property in the UK has undergone significant changes, particularly with the reduction of the annual tax-free allowance and the introduction of new property-related surcharges. These changes have affected landlords, investors, second-home owners, and individuals selling taxable properties. Understanding these updates is crucial for ensuring compliance, reducing liabilities, and planning tax-efficient strategies.

At Horizon & Co, we specialise in helping individuals and businesses navigate the complexities of property taxation across the UK.

In this in-depth blog, we’ll explore what CGT is, how the reduced allowances impact property owners, the new surcharges introduced by the HMRC, and the steps you can take to minimise your tax burden.

What Is Capital Gains Tax (CGT)?

Capital Gains Tax is a tax applied to the profit you make when you sell or dispose of an asset that has increased in value. With property, CGT typically applies when selling:

A second home

A rental or investment property

A holiday home

Land or inherited property

A property that was not always your main residence

Your main residence is normally exempt from CGT under Private Residence Relief (PRR) — but restrictions apply if you let it out, used it for business, or lived abroad for long periods.

Because property values in the UK often rise over time, CGT can result in a sizeable bill if planning is not done properly.

CGT Rates on Property in the UK

CGT rates depend on your income tax band:

18% for basic-rate taxpayers (on property gains)

24% for higher-rate and additional-rate taxpayers

28% on gains made before April 2024 (old rate)

Most property owners fall into the higher-rate category, meaning they pay significantly more in CGT compared to gains from shares or other investments.

Reduced CGT Allowances: What Changed?

One of the biggest shocks to property owners was the drastic reduction of the annual CGT allowance (also known as the Annual Exempt Amount).

Previous Allowances vs Current Allowances

Tax Year CGT Annual Exempt Amount

2022–23 £12,300

2023–24 £6,000

2024–25 £3,000

This means property owners now pay CGT on a much larger portion of their gain. Combined with rising property prices and surcharge policies, selling a property has become significantly more expensive.

Impact of Reduced Allowances

With the exemption reduced from £12,300 to £3,000, the tax-free buffer has shrunk by 75%. This results in:

Higher CGT bills on the same property gain

Reduced tax efficiency for property investors

Increased cost of selling buy-to-let homes

Lower profit margins for landlords exiting the market

Greater need for strategic planning and professional tax advice

The reduction particularly impacts small landlords and second-home owners who relied on the exemption to reduce taxable gains.

New Property CGT Surcharges: What You Must Know

Along with lower allowances, HMRC has implemented or updated several property-related surcharges that affect CGT calculations.

Below are key surcharges and adjustments:

1. Higher CGT Rate for Non-Residential and Mixed-Use Property

Non-residential property (such as land or commercial buildings) may trigger different CGT calculations, especially when part of the property is rented or used for business.

There are additional reporting requirements, especially for overseas landlords.

2. Non-Resident CGT (NRCGT) Surcharges

Non-UK residents selling UK property must:

Pay CGT on residential and commercial property

Report the disposal within 60 days

Pay the tax within the same 60-day window

This surcharge ensures foreign investors contribute equally to the tax system.

3. Additional Surcharges on Property Disposals Through Companies

Some property investors use limited companies to reduce tax exposure. However:

Companies pay Corporation Tax on chargeable gains

Gains are calculated differently due to indexation freeze

Additional ATED (Annual Tax on Enveloped Dwellings) charges may apply

If the property is worth over £500,000, ATED can add thousands per year in surcharges.

4. Surcharge for Late CGT Property Returns

Since 2020, sellers of residential property must report CGT within 60 days of completion.

Late filing triggers:

£100 immediate penalty

Additional penalties after 3 and 6 months

Interest on unpaid tax

This is a common trap for many landlords.

5. New HMRC Focus on Property Income & Undeclared Gains

HMRC is increasing enforcement using:

Land Registry data

Bank transactions

Letting agents’ records

Property-related CGT is now one of their highest-priority areas.

How Reduced Allowances and Surcharges Affect Landlords

The combined impact of reduced exemptions and surcharges is reshaping the property market. Here’s how:

Landlords Are Facing Higher Exit Costs

Many landlords planning to retire or downsize are shocked by higher CGT bills.

A typical landlord selling a rental property with £100,000 gain could now pay:

Up to £24,000 CGT (because only £3,000 is exempt)

Under old rules, the same landlord would save thousands more.

Buy-to-Let Investors Are Reconsidering Their Strategy

Due to:

Reduced mortgage interest relief

Higher income tax

Tightened EPC requirements

Higher CGT

Stamp Duty surcharges

Many investors are selling or restructuring their portfolios.

Small Investors Are Hurt the Most

The CGT allowance drop disproportionately affects:

First-time landlords

Accidental landlords (inherited property)

Retired individuals with one rental home

These groups relied heavily on the tax-free allowance.

Property Incorporation Becoming More Popular

Some landlords are transferring property into a limited company for:

Lower tax on rental income

Lower tax on gains

Inheritance planning

However, incorporation itself may trigger Stamp Duty and CGT. Professional guidance is essential.

Example: How Much More CGT You Pay Now

Let’s consider a property with a £60,000 gain.

Old Rules (2022–23)

Exemption: £12,300

Taxable Gain: £47,700

CGT at 24% = £11,448

New Rules (2024–25)

Exemption: £3,000

Taxable Gain: £57,000

CGT at 24% = £13,680

Difference: You now pay £2,232 more on the same gain.

Larger gains mean even bigger differences.

How to Reduce Your CGT on Property (Legally & Safely)

Tax planning can significantly lower your CGT bill. Here are the strategies Horizon & Co uses to help clients reduce property tax:

1. Use Spousal Transfers to Maximise Allowances

You can here transfer a portion of the property to your spouse tax-free, allowing both partners to use:

CGT allowances

Basic-rate tax bands

Reliefs

This can reduce the effective CGT rate significantly.

2. Deduct All Allowable Costs

These may include:

Solicitor fees

Estate agent fees

Survey fees

Home improvement costs

Stamp Duty (in some cases)

Keeping records can save thousands.

3. Claim Private Residence Relief (PRR)

If the property was once your main home, you may claim:

PRR

Lettings Relief (limited)

This can reduce the gain substantially.

4. Time Your Sale Strategically

Selling early in the tax year may allow:

Better planning

Using allowances

Managing income levels

If possible, avoid selling in years where you expect high income.

5. Offset Losses

You can carry forward losses from:

Shares

Previous property sales

copyright assets

Losses can be used to reduce CGT liability.

6. Use Limited Companies (when suitable)

Companies often face lower taxes, but professional advice is required because:

Stamp Duty may apply

CGT may apply on transfer

ATED may apply

7. 60-Day CGT Reporting Compliance

Avoid penalties by filing on time.

Horizon & Co can handle your 60-day CGT filing to ensure full compliance.

Should You Still Invest in Property in the UK?

Despite increasing taxes, UK property remains attractive because:

Rental demand is strong

House prices remain stable

Long-term growth is consistent

Rental yields rising due to supply shortages

However, investors must adopt tax-efficient strategies and avoid mistakes that lead to penalties.

How Horizon & Co Helps with Property CGT

At Horizon & Co, we specialise in:

CGT planning

Buy-to-let portfolio structuring

60-day CGT reporting

Advice for residents and non-residents

Inheritance tax planning

Company vs. personal ownership planning

Our goal is to minimise your tax legally and protect your wealth.

Leave a Reply

Your email address will not be published. Required fields are marked *