How can I avoid capital gains tax on foreign property sale?
Christopher Ramos
Updated on March 09, 2026
A word of warning — you may also owe taxes to the country in which the overseas property lies, but you may be able to avoid paying capital gains taxes to both countries by claiming the foreign tax credit, which is a dollar-for-dollar credit on taxes paid to one of the countries.
Do you pay capital gains on overseas property?
You pay Capital Gains Tax when you ‘dispose of’ overseas property if you’re resident in the UK. There are special rules if you’re resident in the UK but your permanent home (‘domicile’) is abroad. You may also have to pay tax in the country you made the gain. If you’re taxed twice, you may be able to claim relief.
What are the tax consequences of selling a second home?
If you sell property that is not your main home (including a second home) that you’ve held for at least a year, you must pay tax on any profit at the capital gains rate of up to 15 percent.
Do you have to pay tax on a second home abroad?
Second homes abroad do not qualify for the principal private residence exemption. Furthermore, in most countries such a gain will also be subject to local tax. Taking a foreign tax residence may also produce CGT consequences relating to any property you own in the UK.
What do I need to know about selling property overseas?
If you own or sell property overseas, you not only need to know foreign tax policies, but you also need to report the sale on your annual US tax report. Know the ins and outs of reporting foreign capital gain to make sure you file on time and without discrepancy. If I sell a property overseas, will I need to pay taxes in the US?
How are capital gains taxed when selling an overseas property?
If your capital gain on selling that overseas property is over the limit, the excess will be taxed at the lower long–term capital gains rate. There are some exceptions for the 24–month ownership rule for events like a work-related move, so speak to your Expat Tax Advisor if you have extenuating circumstances.
Can You claim the main residence exemption on an overseas property?
In the scenario you outlined above, it sounds as though your clients: sold the overseas property. If this is correct, your clients can still choose to claim the main residence exemption on the overseas property (if eligible to do so) but capital gains tax will apply when the unit and the house are sold.
Do you need to file Form 1116 to sell property overseas?
The IRS offers a potential solution for double taxation in the form of foreign tax credits and deductions. To claim the foreign tax credit, you must file Form 1116, Foreign Tax Credit. Looking for how to buy a property overseas ? Check out our guide You can sell a foreign property overseas in person or remotely using these simple steps: 1.