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DIG85 last won the day on January 18

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About DIG85

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  1. If the gain is wholly covered by principal private residence relief, there is no need to declare the gain in the UK.
  2. If the property was still your main home between the grant of probate at the end of 2020 and the exchange of contracts in March 2022 then principal private residence relief should eliminate any gain arising in that period. I didn't make that clear in my OP. The only potential issue is that if it was always your intention to sell the property once probate had been granted, HMRC could argue that the property was held as trading stock and any profit realised on its its sale should be regarded as trading income subject to income tax (as opposed to being a capital asset subject to CGT). This is a very long bow and it would have to be a pretty grumpy inspector who took the point. Assuming it was a CGT asset, the fact you lived in the property between 2015 and 2020 is irrelevant because you did not own the property during that period.
  3. The UK main residence exemption is only available in respect of the period you actually owned the property. This was not until 2020 or even 2021, depending on when probate was granted. However, that does mean you will only be charged to UK CGT on the uplift in value over the one year period you owned it. You should be able to reduce the amount of any capital gain by the annual exempt amount of GBP 12,300. The taxing point for any gain - both in the UK and Aus - is generally when contracts are exchanged (or, in the case of conditional contracts, when the contract goes unconditional), not when money is transferred from one country to another. There should be no Aus CGT because you were not tax resident in Aus when the property was sold. The transfer of the money does not need to be declared in either country.
  4. DIG85


    Without further information, I'm not sure this proves anything. The second person never submitted a valid application in the first place, so him or her being out of the country post application had nothing to do with the application being rejected. The first person's application may also have been invalid if those 3 months outside Australia were prior to the application and they had also spent time outside Australia in previous years, such that their combined period outside Australia exceeded 12 months in the previous 4 years. If the 3 months outside Australia occurred post-application, did he or she inform DHA of their intended absence, as you are required to do? 3 months' absence post-application does not seem like a particularly long period.
  5. DIG85


    I was not aware that DHA could cancel a citizenship application simply because the applicant had gone abroad. My understanding accords with mixology’s - the OP need do nothing because the processing of the application will be resumed on his or her return to Australia. The experience of some of my colleagues is that it often gets approved quite quickly after the applicant’s return to Australia - which suggests that processing continues whilst the applicant is abroad and DHA is just waiting for the applicant to return before they hit the approve button. Obviously that will be different in the OP’s case because he or she has not sat the test, but it could all happen quite quickly now they are back in Aus.
  6. DIG85


    Must have been staying in a hotel for that price!
  7. DIG85


    I always thought that the residency requirement was "frozen" at the date of the application? i.e. it does not need to be satisfied on a go forward basis once the application has been submitted. I also understood that the processing of the application would be resumed on the applicant's return to Australia.
  8. DIG85

    A few partner visa questions

    There still is no requirement for a person tax resident outside Australia to inform the ATO of their non-Australian income (which is the OP’s current circumstance). I think confusion has arisen here because, as I said in my previous post, the OP appears to be under a misapprehension or maybe just mistyped his or her belief about Australian tax lodgement obligations.
  9. DIG85

    Investing in the UK whilst in Aus

    Yes, PBs can be part of a savings/investment strategy, but they should generally be regarded as akin to cash savings, like money in a bank account. They are not really investments. I've never held any and don't intend to.
  10. DIG85

    A few partner visa questions

    Do you mean submit tax returns while overseas for Australian income? A non-resident generally doesn't pay tax on non-Australian income.
  11. DIG85

    UK Citizen living abroad moving back to UK.

    Australian tax will generally be payable on earnings from an Australian employer to the extent those earnings relate to duties carried out in Australia, regardless of your tax residence status. Not sure why you would need to apply get an NI number since that usually stays with you for life.
  12. DIG85

    Where to focus on Sydney suburbs

    Surprised there is still anything left that is sub-3m on jersey road.
  13. DIG85

    Australian and UK Covid Responses

    The "28 day rule" for counting COVID deaths in the UK is one of the most penal measurements in the world. If everyone in the UK had COVID, then every death in the next 28 days would be regarded as a COVID death - clearly nonsense. I said last week, the only true and fair measurement is excess deaths - and in that regard the UK is remarkably similar to comparable European countries. In fact excess deaths was running below the 5 year average for long periods earlier in the year (and this may still be the case, I haven't checked recently).
  14. You say you are from the UK but then you go on to mention getting a UK work visa that meets the £18,600 salary requirement. If you are a UK citizen you don't require a visa to work there.