What Are the New Rules for Capital Gains Tax Exemption?

Capital Gains Tax (CGT) rules have changed significantly over the last few years, leaving many homeowners and property investors wondering whether they still qualify for exemptions and reliefs.

The good news is that Private Residence Relief (PRR) remains the main exemption for homeowners. However, changes to Capital Gains Tax rates, annual allowances, and reliefs mean it’s more important than ever to understand the current rules in force before selling a property.

In this guide, we’ll explain the new Capital Gains Tax rules in force as of right now, who qualifies for exemptions, and what you can do to reduce your Capital Gains Tax liability.

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What Are the New Capital Gains Tax Rules?

Several important Capital Gains Tax changes have been introduced in recent years.

RuleCurrent Position (2026/27 Tax Year)
Annual Capital Gains Tax Allowance£3,000 for individuals
Residential Property CGT Rates18% (basic rate) and 24% (higher rate)
Business Asset Disposal Relief Rate18%
Final Period Exemption9 months
Private Residence ReliefStill available where qualifying conditions are met

These changes have reduced the amount many taxpayers can realise tax-free and increased the tax payable on certain disposals.

What Makes You Exempt From Paying Capital Gains Tax?

The most common exemption is Private Residence Relief (PRR).

You will usually qualify if:

  • The property has been your only or main residence throughout your ownership
  • You have not used part of the property exclusively for business purposes
  • The total grounds are normally no larger than the permitted area
  • The property was not purchased primarily to make a profit through resale

If you qualify for full Private Residence Relief, you will usually pay no Capital Gains Tax when selling your home.

What Are the Current Capital Gains Tax Rates?

From the 6th April 2026, the main Capital Gains Tax rates are:

TaxpayerCapital Gains Tax Rate
Basic Rate Taxpayer18%*
Higher or Additional Rate Taxpayer24%

*Basic-rate taxpayers may pay a combination of rates depending on their taxable income and the size of their gain.

What Is the Current Capital Gains Tax Exemption Amount?

Every individual currently has an Annual Exempt Amount of £3,000.

This means that only gains above this threshold (after deducting allowable losses and reliefs) are potentially taxable. The allowance has been significantly reduced from previous years, making professional tax planning increasingly more important.

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How Can You Reduce Your Capital Gains Tax?

Depending on your circumstances, you may be able to reduce your Capital Gains Tax liability by:

  • Claiming Private Residence Relief
  • Using your Annual Exempt Amount
  • Offsetting capital losses
  • Claiming allowable buying and selling costs
  • Claiming qualifying improvement costs
  • Obtaining a professional Capital Gains Tax valuation where appropriate

An accurate valuation is particularly important when calculating gains on property, as HMRC may require evidence to support your figures.

Find out more about reducing your Capital Gains Tax in our guide: How Long Do I Have to Live In a Property to Avoid Capital Gains Tax?

Book Your Capital Gains Tax Valuation Today

At Crest Surveyors, we provide independent RICS-certified Capital Gains Tax valuations that are designed to support your tax position with accurate, defensible market evidence.

Whether you’re selling a former home, investment property, or mixed-use asset, our valuations help ensure your figures are fully supported and HMRC-compliant.

Speak to our team to book a professional Capital Gains Tax Valuation today.

New Capital Gains Tax Rule FAQs

Can I Still Claim the 9-Month Capital Gains Tax Exemption?

Yes. The final 9 months of ownership still qualify for Private Residence Relief if the property has been your main residence at some point during ownership.

This rule replaced the older 18-month and 36-month extensions and is now the standard final exemption period for most homeowners.

Read our guide: What Is the Capital Gains Tax 9 Month Rule?

What Was the 36 Month Capital Gains Tax Rule?

The 36-month rule was a former Private Residence Relief extension that allowed a longer tax-free period after moving out of a home.

It has now been reduced and replaced by the 9-month final exemption period in most cases. However, it is still widely referenced online, which can cause confusion for homeowners reviewing older guidance.

Read our blog, What Was the 36 Month Rule for Capital Gains Tax? for more information.

Is There a 6-Year Capital Gains Tax Rule In the UK?

There is no general “6-year rule” in UK Capital Gains Tax law for residential property. Confusion often arises from specific relief scenarios and historical interpretations. However, the UK system does not provide a blanket 6-year exemption.

Who Qualifies For 0% Capital Gains Tax?

You may pay 0% Capital Gains Tax if your gain is fully covered by Private Residence Relief, falls within your £3,000 Annual Exempt Amount, or is reduced to nil after deducting allowable losses and reliefs. Certain transfers, such as gifts to a spouse or civil partner, are also exempt from Capital Gains Tax.

What Is the 90% Rule For Capital Gains Exemption?

There is no general “90% rule” for Capital Gains Tax exemption in the UK. The term is sometimes used in relation to specific tax reliefs or specialist business tax rules, but it does not apply to the sale of residential property. Most homeowners should instead consider whether they qualify for Private Residence Relief and other HMRC-approved exemptions.

What Threshold Do You Have to Pay Capital Gains Tax?

For the 2026/27 tax year, you’ll generally only pay Capital Gains Tax if your taxable gains exceed the Annual Exempt Amount of £3,000 after deducting any allowable losses and reliefs. The amount of tax you pay will then depend on your income, the type of asset you’ve sold, and any reliefs you’re entitled to claim.

How Long Do I Have to Live In a Property to Avoid Capital Gains Tax?

If you’re wondering how long you have to live in a property to avoid Capital Gains Tax, the short answer is that there is no minimum amount of time set by HMRC.

Instead, what matters is whether the property genuinely qualifies as your only or main residence. If it does, you may be eligible for Private Residence Relief (PRR) for the time you spent living at the property, which can reduce or even eliminate the Capital Gains Tax (CGT) due when you sell.

In this guide, we’ll explain how the rules work, what HMRC looks for, and the circumstances where you may still have to pay Capital Gains Tax.

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Is There a Minimum Time You Must Live in a Property to Avoid CGT?

No. UK tax legislation does not specify that you must live in a property for six months, one year, two years, or any other fixed period before qualifying for Private Residence Relief.

Instead, HMRC considers whether the property was genuinely your main residence. Factors HMRC may consider include:

  • Where you spent most of your time
  • Where you were registered to vote
  • Your correspondence address
  • Where your family lived
  • Utility bills and council tax records
  • Whether your occupation of the property was intended to be permanent

Simply moving into a property for a short period before selling it does not automatically qualify you for relief if HMRC believes the occupation was temporary or purely to reduce tax.

What Is Private Residence Relief?

Private Residence Relief is the main Capital Gains Tax relief available when selling your home.

If the property has been your only or main residence throughout your ownership, you will usually have no Capital Gains Tax to pay. If you’ve lived there for only part of the ownership period, relief is normally calculated proportionately.

HMRC also allows the final 9 months of ownership to qualify for relief in most circumstances, even if you no longer live in the property.

You can learn more in our guide: What Is the Capital Gains Tax 9 Month Rule?

Example Scenarios

Scenario 1 – Main Residence Throughout

You buy a house and live there for 10 years.

In this case, you’ll usually pay no Capital Gains Tax, because the property qualifies for full Private Residence Relief.

Scenario 2 – Moving Out Before Selling

You live in a property for eight years before moving into a new home. You then rent out the original property for one year before selling.

The period that you occupied the property as your main residence may qualify for relief, along with the final nine months of ownership. The remaining rental period may be liable for Capital Gains Tax.

Scenario 3 – Buy to Let Property

You buy a property purely as an investment and rent it from day one.

Because it was never your main residence, Private Residence Relief is generally unavailable, meaning Capital Gains Tax may be payable when you sell.

How Can You Reduce or Avoid Capital Gains Tax?

Although you can’t always avoid CGT entirely, there are several legitimate ways to reduce the amount you pay.

These include:

  • Claiming Private Residence Relief where eligible
  • Using your Annual Exempt Amount
  • Deducting allowable buying and selling costs
  • Claiming the cost of qualifying improvements
  • Using any available capital losses
  • Obtaining an accurate professional valuation where required

Many homeowners overlook the importance of a professional valuation when calculating Capital Gains Tax.

At Crest Surveyors, we provide independent Capital Gains Tax Valuations prepared by experienced RICS surveyors.

“A professionally prepared valuation provides strong evidence to support your Capital Gains Tax calculation and can be invaluable if HMRC requests further information.”

Thomas Awoleye MSc Eng, MRICS, C.Build E MCABE

What Happened to the 36 Month Rule?

If you’ve researched this topic, you may also have come across the old 36 month rule.

Before April 2014, some homeowners could claim relief for the final 36 months of ownership. This was later reduced to 18 months and then to the current nine-month period.

Read our full guide: What Was the 36 Month Rule for Capital Gains Tax?

Capital Gains Tax FAQs

Do I Have to Pay Capital Gains Tax Immediately?

Capital Gains Tax on UK residential property normally needs to be reported and paid within the deadline set by HMRC after completion of the sale. Always check the current reporting deadlines, as these can change.

How Does HMRC Know if You Need to Pay Capital Gains Tax?

HMRC receives information from HM Land Registry, conveyancers and other sources. Taxpayers are also legally required to report taxable gains where applicable.

What is the 9-Month Rule?

The final nine months of owning a property usually qualify for Private Residence Relief, even if you were no longer living there before the sale.

Read our full guide: What is the Capital Gains Tax Nine Month Rule?

Do I Pay Tax if I Sell My House and Don’t Buy Another?

Buying another property does not determine whether you pay Capital Gains Tax. Instead, it depends on whether the property qualifies for Private Residence Relief and whether a taxable gain arises.

Do I Pay 18% or 28% Capital Gains Tax?

Capital Gains Tax rates depend on your taxable income and the tax rules in force at the time you sell. Higher-rate taxpayers generally pay a higher rate than basic-rate taxpayers. Check the latest HMRC guidance for current rates.

What Can You Offset Against Capital Gains Tax?

You can usually deduct purchase costs, legal fees, Stamp Duty Land Tax, estate agent fees, qualifying improvement costs, and allowable capital losses when calculating your Capital Gains Tax.

What Is the 6 Year Rule for Capital Gains Tax In the UK?

If you’ve been searching for the 6 year capital gains tax rule in the UK, you may be surprised to learn that there is no official 6 year rule in the UK.

The phrase is often confused with Australian tax law, where property owners can continue treating a former home as their main residence for Capital Gains Tax purposes for up to six years after moving out and renting it. The Australian Taxation Office provides detailed guidance on the 6-year rule.

However, the term can also be confused with certain HMRC 6-year rules, such as HMRC’s ability to investigate tax returns and assess underpaid tax going back up to six years in cases involving careless errors.

In the UK, different rules apply to Capital Gains Tax on residential property. Instead of a 6-year exemption, homeowners may qualify for Private Residence Relief (PRR) and benefit from the final 9-month exemption period.

This guide explains where the 6-year rule comes from, why it doesn’t apply in the UK, and which Capital Gains Tax rules you should know instead.

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Is There a 6 Year Capital Gains Tax Rule In the UK?

No. There is currently no 6-year capital gains tax rule in the UK.

The confusion usually arises because:

  • Australian property owners can access a “6-year rule” under certain circumstances.
  • Older UK CGT rules, such as the former 36-month rule, are sometimes mistaken for a 6-year rule.
  • Some taxpayers confuse it with HMRC’s 6-year assessment and investigation time limits for certain tax matters.

What Is the Australian 6-Year Capital Gains Tax Rule?

In Australia, homeowners may be able to continue treating a former main residence as their primary residence for up to six years after moving out if the property is generating income, such as through renting. This is commonly referred to as the “6-year rule”.

How this works:

ScenarioAustralian 6-Year Rule
Move out and rent the propertyMay remain CGT exempt for up to 6 years
Move back into the propertyThe 6-year period can potentially reset
Buy another main residenceAdditional rules apply

Because this is an Australian tax provision, it has no direct equivalent in UK CGT legislation. For more information on the Australian 6-year rule, refer to the Australian Tax Office.

What Is the 6-Year Rule for HMRC?

When people refer to the 6-year rule in relation to HMRC, they are usually talking about HMRC’s time limits for investigating tax returns and issuing assessments where errors have occurred.

In many cases, HMRC can look back:

CircumstanceTypical HMRC Time Limit
Innocent errorUp to 4 years
Careless errorUp to 6 years
Deliberate behaviourUp to 20 years

It is important to note that this HMRC 6-year rule relates to tax compliance and investigations. It is not a Capital Gains Tax relief and should not be confused with UK Private Residence Relief.

Find out more about the HMRC 6-year rule on the HMRC site.

What Is the UK Equivalent of the 6-Year Rule For CGT?

The closest equivalent that the UK has to the Australian 6-year rule is Private Residence Relief (PRR).

Private Residence Relief can reduce or eliminate Capital Gains Tax on a property that has been your only or main residence. When calculating relief, HMRC generally allows:

  • The period you lived in the property as your main residence.
  • The final 9 months of ownership, even if you were no longer living there.

For example:

Ownership PeriodTreatment
Lived in the property for 8 yearsQualifies for PRR
Rented out for 2 yearsMay be partly taxable
Final 9 months before saleUsually exempt under PRR

Unlike Australia’s 6-year rule, the UK does not automatically exempt a property simply because it was previously your main residence.

For more information on the current Capital Gains Tax 9-month rule in the UK, read our guide: What Is the Capital Gains Tax 9-Month Rule?

When Do You Need a Capital Gains Tax Valuation?

If Capital Gains Tax may be payable, obtaining an accurate valuation is essential.

A professional valuation may be required when:

  • Selling a former main residence
  • Disposing of an inherited property
  • Transferring ownership between family members
  • Calculating Capital Gains Tax liabilities
  • Responding to HMRC enquiries

At Crest Surveyors, we provide independent Capital Gains Tax Valuations prepared by experienced RICS surveyors. Visit our Capital Gains Tax Valuations page or get in touch with our team for more information.

“One of the most common mistakes that we see is property owners relying on estimates rather than professional valuations. A well-supported valuation provides vital evidence if HMRC ever questions your calculations.”

  • Thomas Awoleye MSc Eng, MRICS, C.Build E MCABE

Capital Gains Tax 6-Year Rule FAQs

What Is the 9-Month Rule For Capital Gains Tax?

The 9-month rule allows homeowners to claim Private Residence Relief for the final 9 months they own a property, even if they no longer live there. This can reduce the amount of Capital Gains Tax payable when the property is sold.

Find out more in our blog: What Is the 9-Month Rule For Capital Gains Tax?

What Is the 12-Month Rule For Capital Gains Tax?

There is no specific UK “12-month rule” for residential property Capital Gains Tax. However, some assets may qualify for different treatment depending on how long they are owned, and other countries have separate 12-month CGT rules.

Who Qualifies for 0% Capital Gains Tax?

Individuals whose total taxable gains fall within their available annual exemptions and tax bands may effectively pay 0% Capital Gains Tax. Full Private Residence Relief can also eliminate CGT on the sale of a main residence in qualifying circumstances.

What Is the CGT Lifetime Cap For 2026?

Business Asset Disposal Relief (formerly Entrepreneurs’ Relief) has a lifetime limit of £1 million of qualifying gains. Tax legislation can change, so professional advice should be sought for current limits and eligibility.

What Is the 36 Month Rule For Capital Gains Tax?

The 36-month rule was a historic Private Residence Relief provision that allowed certain homeowners to receive relief on the final 36 months of ownership. It has since been reduced and replaced by the current 9-month exemption period.
Find out more in our blog: What Was the 36-Month Rule For Capital Gains Tax?

What Was the 36-Month Rule for Capital Gains Tax in the UK?

Anyone selling a property should know that the old 36-month rule has been replaced by a 9-month exemption. This rule was in place to determine the amount of Capital Gains Tax that must be paid at the point of sale or transaction for a house or property within the UK. The 36-month exemption was first reduced to 18 months in 2014 and then to 9 months in April 2020. Today, homeowners can only claim CGT exemption for the final 9 months of ownership before selling.

Read about the new 9-month rule here.

But what was this rule, how was it implemented, and what do you need to know if you are buying and selling the same property within a 3-year window? 

Our RICS-Accredited team here at Crest Surveyors are here to help you dispel any myths around the 36-Month Rule and its implications for Capital Gains Tax. 

The 36-Month Rule for Capital Gains Tax was a UK law that previously determined tax liability on property sales. It allowed sellers to claim CGT exemption for the final 36 months of ownership, even if they had moved out. However, this was reduced to 18 months in 2014 and further to 9 months in 2020, which remains the rule today.

This general law is in place as it prevents short-term transaction benefits concerning taxation. The 36-Month Rule was therefore in place to ensure that taxation is fair for property sales, within a timeframe of 3 years.

Although the 36-Month Rule is still discussed, the current law only provides a 9-month exemption period for CGT.

Learn more about the updated 9-Month Rule here.

The 36-Month Rule for Capital Gains Tax in the UK

The 36-Month Rule for Capital Gains Tax was used to ensure fair taxation across properties sold or transferred within 3 years. Since 2014, the Government has made amendments to this time period, however, the term ‘36-Month Rule’ is still very much used in common parlance. As of January 2025, tax exemption from Capital Gains Tax only applies to a 9-month period. 

But first, let’s clarify a few key terms here. For instance, what is Capital Gains Tax at all?

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What is Capital Gains Tax?

Capital Gains Tax is money paid towards the government on the financial gains on capital, in this case, property. So, if you have purchased a property for £100,000, which is now worth £110,000 at the time of sale (or transfer, exchange, or disposal), your capital has gained a value of £10,000. Capital Gains Tax, in this sense, is a tax paid on the difference in the value of your property when you bought it, over the amount that you sold it for. 

CGT is a tax paid on this gain in capital as a set percentage as stipulated by the government. This percentage is based on what capital you are paying the CGT on (in this case property), and the tax status of the individual paying. This is based on income and a number of other factors. If you earn more, you may be more liable to pay a higher percentage of tax on the amount gained across your assets. 

However, a break on this tax is applicable when you sell a property which was your only residence. This is known as Principal Private Residence Relief or PPR Relief. It is also worth noting that each individual has a £6000 tax-free amount, which doesn’t incur a tax. 

You may only be liable for CGT when selling or disposing of a second home or buy-to-let property. As mentioned, if you are selling or otherwise disposing of your only property, you may not be liable at all for CGT and, therefore, exempt from the new 9-Month Rule altogether. 

So, the amount of CGT you might pay is dependent on a few things, which we will explain further. 

View our Capital Gains Tax Services.

The variables that are in play include: 

  • Main Residence Exemption – If the property was your main home, CGT may not apply.
  • Income Tax Band – Basic rate taxpayers (income up to £50,270) pay 18% on property gains, while higher/additional rate taxpayers (income above £50,270) pay 24%.
  • Annual Exemption Allowance – Each person has a tax-free CGT allowance of £6,000 (2023/24).
  • Joint Ownership – Couples who jointly own a property can combine allowances to reduce taxable gains.
  • Private Residence Relief (PPR Relief) – The final 9 months of ownership are CGT-exempt for most homeowners. However, if the owner moved into a care home and did not rent out the property, they may still qualify for an extended 36-month exemption. This rule doesn’t apply for regular sellers, however. 
  • Duration of Ownership – If you owned the property for a long period, only the portion of time it was not your main home is taxable.
  • Property Value & Cost Basis – You can deduct purchase price, legal fees, stamp duty, and capital improvements when calculating your gain.
  • Letting Relief – If you rented out your former main home, you may qualify for up to £40,000 in Letting Relief to reduce CGT.
  • Spouse or Civil Partner Transfers – Transfers between spouses/civil partners are tax-free, allowing you to split the gain for tax efficiency.

Read About the New 9-Month Rule

Was The 36-Month Rule A Tax-Free Window for Sellers?

The 36-Month Rule was an extension of Principal Private Residence (PPR) Relief, which is designed to reduce or eliminate CGT liability for homeowners. This rule did allow sellers to claim full tax exemption for the last 36 months (3 years) of ownership, even if they did not live in the property during this period.

As mentioned, this period has since been reduced to a 9-month exemption period.

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How Did the CGT 36-Month Rule Work?

If the property was your main residence at any point during your ownership, then the last 36 months of ownership are automatically exempt from CGT.

This exemption applies even if you moved out before selling the property. If you rented out the property after moving out, you may still qualify for partial relief.

Who Benefits from the 36-Month Rule?

Before 2020, the 36-Month Rule helped homeowners who were selling their only home by allowing them to claim tax exemption for up to three years after moving out. However, since April 2020, this period has been reduced to just 9 months. 

Read more about how the 9-Month Rule affects sellers today.

This rule was particularly useful for:

  • Homeowners who move before selling: If you buy a new home but take the time to sell your previous one, you could benefit from CGT relief for three years.
  • Landlords and second-home owners: If you previously lived in a rental property but later let it out, you could still claim part of the exemption.
  • People moving into care homes: If you had to move into long-term care, the 36-month exemption would still apply, helping to reduce CGT liability.

How Do You Value a House for Capital Gains Tax?

To calculate your taxable gain, you must determine:

  • Purchase Price (Original Value): The amount you originally paid for the property.
  • Sale Price (Disposal Value): The amount you sell the property for.
  • Market Value (If Required): Used when selling to a relative, gifting the property, or if the property was inherited.
  • Deductible Costs: Legal fees, stamp duty, and improvements (but not for maintenance).

How Much Is Capital Gains Tax on a Second Property?

As mentioned, any Capital Gains Tax is payable for second properties, rather than primary residences or dwellings. Therefore, the tax rate applicable to second homes is set at 24% for higher-rate taxpayers and 18% for basic-rate taxpayers (as of 6th April 2024).

How Long Do You Have To Keep a Property To Avoid Capital Gains Tax in the UK?

You can only avoid Capital Gains Tax if the property that you are selling is your only home. This is known as the Private Residence Relief (PRR). This rule prevents individuals who own just one property from paying tax when selling or disposing of their home.

Your Partner in Understanding Capital Gains Tax

Here at Crest Chartered Surveyors, we understand that getting your Capital Gains Tax right can mean the difference of thousands of pounds in your pocket. Our expert team of RICS-accredited Surveyors can help you with the sale of your property. Located in Holborn, London, we work with many homeowners in the region, including the South East and the Home Counties, to help them progress with the sale or purchase of their property. 

Working with our qualified team will allow you to understand your and your property’s tax status and the allowances to which you may be entitled. 

We understand that selling your property can be confusing, so allow us to provide some clarity. Our team can help you with your Capital Gains Tax by providing you with a detailed assessment of the value of your property at an affordable price.

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Capital Gains Tax 36-Month Rule FAQs

How Long Do You Have to Live in a Property to Avoid Capital Gains Tax in the UK?

There is no fixed time limit to be able to avoid capital gains tax on a property. What HMRC cares about is whether the property was genuinely your only or main home.

  • If it was your main residence for the entire time you owned it, you’ll normally pay no CGT.
  • If it was your main home for only part of the time, you’ll often get partial relief – reduced proportionally.

The key here is quality over quantity. HMRC doesn’t care how long you’ve lived there, only that you actually lived there as your main or only residence.

With the new 9-month rule, the final 9 months of living at the property are always CGT-free, even if you’ve moved out. This means that you have 9 months to sell the property without paying CGT if it isn’t your main residence.

What Is the 6 Year Rule for Capital Gains Tax?

Despite common confusion, there is currently no official 6-year Capital Gains Tax rule in the UK. The phrase is commonly confused with Australian tax law, where homeowners may be able to continue treating a former main residence as their primary residence for CGT purposes for up to six years after moving out and renting it.

The term is also sometimes confused with HMRC’s 6-year time limit for investigating certain tax errors, which is unrelated to Capital Gains Tax relief on property sales.

For more information, read our blog: What Is the 6 Year Rule for Capital Gains Tax?

What Are the New Rules for Capital Gains Tax Exemption?

Currently, if you sell a property that is your main or only residence, you can still qualify for Private Residence Relief (PRR), therefore paying no CGT for the period you lived there.

However, some changes to the rule have been made:

  • The 36-month rule has been reduced multiple times, currently allowing for 9 months CGT-free at the end of ownership.
  • Lettings relief now only applies if you lived in the property at the same time as your tenant (not related to the 6-year rule discussed above)
  • The annual tax-free CGT allowance has taken significant cuts from £6,000 to the current £3,000.
  • You must now report and pay any CGT on UK property sales within 60 days of completion.