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25 May 2026 · Property

Do I pay capital gains tax when I sell my rental property?

Three bar chart comparing CGT scenarios for rental property sales

CGT on residential property dropped from 28% to 24% (higher rate) on 30 October 2024 — a rare reduction worth knowing. The £3,000 annual exemption shrunk from £12,300 over two years, eroding the protection. We see landlords leave £5,000+ of CGT savings on a single sale by failing to transfer half the property to a basic-rate spouse before exchange — a one-week paperwork exercise that pays back enormously.

The 2025/26 CGT picture for residential property

Capital gains tax on residential property is now 18% if your gain falls in your basic-rate band and 24% if it falls in your higher-rate band. The higher rate dropped from 28% to 24% on 30 October 2024 — a rare reduction, so worth knowing.

The annual exempt amount sits at £3,000 per person for 2025/26, having shrunk from £12,300 in 2022/23. Joint owners get one each, so a married couple can shelter £6,000 of gain a year between them.

You also have to report and pay the CGT within 60 days of completion using HMRC’s online property reporting service — separate from your annual self-assessment return. Miss the 60-day window and there are penalties on top.

What’s actually taxed

The taxable gain is sale price minus what you paid for the property, minus allowable costs:

What’s not deductible: mortgage interest paid over the years (that’s an income-tax matter), or repairs and maintenance costs. The capital-vs-revenue distinction is brutal here — kitchen replacement is usually a repair, not a capital improvement, even when it cost £15,000.

Three sale scenarios on the same £80,000 gain

Same property, bought in 2010 for £150,000, selling in 2026 for £230,000. Allowable costs add up to £0 net of the original purchase price. Taxable gain: £80,000.

Scenario A — Tom owns alone, higher-rate taxpayer. Less £3,000 annual exempt amount = £77,000 taxable. The whole gain falls in the higher-rate CGT band: £77,000 × 24% = £18,480.

Scenario B — Tom and his wife Anya joint-own 50:50, both higher-rate. Two £3,000 allowances = £74,000 taxable, split £37,000 each. Both at 24%: total £17,760. Saves £720 versus sole.

Scenario C — Tom and Anya joint-own; Anya now part-time with £15,000 of unused basic-rate band. Wife’s £37,000 share fills her £15,000 basic-rate room at 18% (£2,700) and the remaining £22,000 at 24% (£5,280) — wife’s bill £7,980. Husband’s £37,000 all at 24% = £8,880. Combined £16,860, less the £3,000 each allowance impact = total bill ~£13,300. Saves £5,180 versus sole.

The pattern: joint ownership always beats sole ownership. Joint ownership with one basic-rate spouse beats joint ownership with two higher-rate spouses by another £3,000-£5,000 per typical sale.

Pre-sale spouse transfer — the £5,000 paperwork exercise

Transfers between spouses are no-gain-no-loss for CGT purposes. So if you own the property solely and your spouse is a basic-rate taxpayer, transferring all or part of the property into joint ownership before sale can shift gain into their basic-rate band and unlock their annual exempt amount.

For this to work cleanly: there must be a genuine transfer (deed of gift, Land Registry update), not just a paper splitter. Mortgaged properties can trigger SDLT on the transfer if the spouse takes on a share of the debt above £40,000. We covered the related Form 17 mechanic for splitting income in our rental-income split guide; the CGT version is similar in spirit but uses the actual deed.

What about Private Residence Relief?

If the property was ever your main residence — even briefly — Private Residence Relief shelters part of the gain proportional to the period of occupation, plus the final 9 months in all cases. For a property owned 16 years where you lived there for the first 4 years, roughly 5 of the 16 years are PRR-protected (4 + 9 months final-period relief), and the remaining 11 are taxable.

This is the classic “let to friends after moving out” story: PRR + final-period relief often eliminates a large chunk of gain, even though the property has been let for years.

When this is a bad idea

Don’t try to pop a property into joint ownership 30 days before sale “for the CGT saving” — HMRC’s anti-avoidance rules look at substance over form. The transfer needs to be genuine, with the spouse taking real beneficial ownership for a meaningful period.

Don’t forget the 60-day reporting clock. Penalties for missing it start at £100, then £10/day after three months, then 5% of the tax due — the same brutal stack as late self-assessment filing.

Key takeaways

FAQ

When is the CGT actually paid?

Within 60 days of completion via HMRC’s online property reporting service. This is separate from your annual self-assessment return. Miss the 60-day window and penalties apply on top of interest.

What if the property has been my main home before?

Private Residence Relief shelters the period of actual residence + final 9 months. So a property let after 4 years of residence in a 14-year hold has roughly 5/14 of the gain tax-free.

Can I offset losses from other share sales?

Yes — capital losses from other disposals (shares, crypto, art, etc.) offset capital gains in the same tax year first, then carry forward. Property gains and share losses can be combined.

Selling a BTL in the next 12 months? Book a free 20-min review — we’ll model the CGT bill across single-owner, joint-owner and pre-sale-transfer scenarios, and structure the deed of trust before exchange if it pays back. Specialist UK landlord and property tax accountants.

Shahood Ahmed
About the author

Shahood Ahmed BSc · FMAAT · AFA · MIPA

Founder & Managing Director · AudTax

Shahood is a fully qualified accountant with UK memberships across the AAT, IFA and IPA. After years in London practice, he founded AudTax to give UK business owners the proactive, partner-led accounting the big firms don't deliver — fixed fees, same-day replies, and a partner on the end of the phone who actually knows your business.

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