# Universal `--journey=foreign-buyer` Section — Origin-Country Home Sell-vs-Rent Extension

The decision framework for what to do with the home the buyer *leaves behind* in their origin country when they buy abroad. Loaded when `--journey=foreign-buyer` is invoked. Keyed to the buyer's **origin / tax-residence cohort**, not to the 103 property countries.

**Snapshot**: May 2026.

**Scope**: distinct from `--remote` (POA / RON / eIDAS execution mechanics for the *current foreign purchase*) and from `--exit` (eventual sale of the *foreign property*). This doc answers the recurring r/AmerExit question — *"did you sell your home or rent it out?"* — by laying out, per major origin cohort, the **SELL-side** tax consequence (primary-residence CGT exclusion clock, non-residence interaction, departure/withholding, currency-gain trap) and the **RENT-side** burden (foreign-rental filing in the origin country, depreciation/recapture, withholding regime), plus the universal **insurance-bind** and **management-from-abroad** carve-outs. It flags exposure; it does not compute liability — every cohort ends pointing at primary-authority verification + cross-border counsel.

## Universal contract

For the buyer's origin/tax-residence cohort, return:

1. **SELL-side** — the primary-residence CGT exclusion rule + clock/eligibility + how becoming non-resident interacts (loss of exemption / departure tax / sale-time withholding) + the currency-gain trap where it applies
2. **RENT-side** — the origin-country foreign-rental filing burden (withholding regime, depreciation-recapture, the return-filing trigger)
3. **Insurance-bind** — the standard homeowner-policy void-if-not-owner-occupied vacancy clause + the landlord/non-occupier uplift
4. **Management-from-abroad** — cross-reference to `--property-management`
5. **Mandatory call-out** — engage cross-border tax counsel in BOTH jurisdictions; this section flags exposure, does not compute it
6. **Confidence** — HIGH / MEDIUM / LOW per the skill's contract

## Verdict bands

| Band | Trigger | Read |
|---|---|---|
| 🟢 | Clean exclusion if sold within the clock; rental burden is administrative; cohort rules well-sourced | "Either path workable — decide on cash-flow/lifestyle, having priced the clock." |
| 🟡 | The CGT exclusion clock is *running and losable* on departure, OR rental triggers gross-withholding + a return filing | "Time-sensitive: model the clock and the withholding before deciding; the default drifts to the wrong answer." |
| 🟠 | Departure/exit-tax or main-residence-exemption-removal-for-non-residents materially changes the sell-side, OR currency-gain trap is structural | "Sell-vs-rent is tax-dominated here, not preference-dominated — get cohort counsel before listing or letting." |
| 🔴 | Holding the origin home post-departure creates a compounding trap (recapture + FX phantom gain + exemption loss + uninsurability) | "Defaulting to 'just rent it out' is the expensive answer here — model all four legs explicitly." |

## ⚠️ 7 cross-cutting traps

1. **The primary-residence exclusion clock keeps running after you leave — and then expires.** US §121 (2-of-5-year use), CA principal-residence-exemption years, UK PRR + final-period, AU 6-year absence rule each let you sell exempt *for a while* post-move; miss the window and a fully-taxable gain crystallises. The sell-vs-rent decision is often really a *deadline*.
2. **"Rent it out" silently converts a tax-free asset into a taxable, recapture-laden one.** Letting can break the main-residence character and start depreciation that is *recaptured* on eventual sale (US §1250 unrecaptured-gain; AU main-residence exemption denied to foreign residents). The headline rent yield ignores this.
3. **Phantom currency gain.** US §988 can tax a *mortgage payoff* gain created purely by FX movement on a foreign-currency loan; UK CGT is computed in sterling on both legs. A nominal loss in local currency can be a taxable gain at home.
4. **Becoming non-resident is itself a taxable event in some cohorts.** Departure/exit-tax regimes and the *removal of the main-residence exemption for foreign residents* (AU, post-30 Jun 2020) can make the act of leaving — not the sale — the trigger.
5. **Foreign-rental income is taxed at home with a heavier compliance tail than expected.** US Schedule E + Form 8938 (FATCA) + FBAR + 1040-NR-if-returning; UK Non-Resident Landlord Scheme 20% gross withholding; CA 25% Part XIII gross unless NR6 + §216 election. The net is well below the gross, and the filing is annual and penalised.
6. **The homeowner policy is usually void the moment it is not owner-occupied.** Standard policies carry a vacancy/occupancy clause (commonly 30-60 days unoccupied, or any letting) that voids cover; a landlord/non-occupier policy at a 30-100% uplift is required — and a denied claim is discovered only after a loss.
7. **Managing it from abroad is its own cost and risk.** Time-zone, agent-trust, gross-withholding-collector role of the manager (see `--property-management`) — the "just rent it out" default rarely prices the management drag or the manager's statutory withholding duty.

## Universal mitigations

1. **Calendar the primary-residence exclusion clock from the move date** and decide sell-vs-rent against that deadline, not against current sentiment.
2. **Get cohort-specific cross-border tax counsel BEFORE letting or listing** — the default path is frequently the higher-tax one.
3. **Model the net, not the gross, rent** — subtract origin-country withholding + filing + recapture accrual + management + the insurance uplift.
4. **Re-quote insurance as a let/non-occupied property before the tenant moves in**; never assume the existing homeowner policy carries over.
5. **Price the currency-gain trap** where a foreign-currency mortgage or non-home-currency proceeds are involved (US §988 / UK sterling-CGT).
6. **Check whether departure itself triggers tax** (exit-tax / main-residence-exemption removal for non-residents) independently of any sale.
7. **Treat "rent it out" as a tax + insurance + management decision, not a yield decision** — and document the §121/PRE/PRR/6-year deadline in the brief.

## Origin-cohort framework

### US

- **SELL-side** — IRC **§121** excludes **$250k (single) / $500k (MFJ)** of gain on a principal residence if owned AND used as main home **≥24 of the last 60 months** (2025, [IRS Pub 523](https://www.irs.gov/publications/p523); [26 USC §121](https://www.law.cornell.edu/uscode/text/26/121)). **The §121 clock keeps running for 3 years after you move out** — sell within the 5-yr window *measured from last day of use* and the exclusion survives even as a non-resident; miss it and the full gain (less basis) is taxable. **US citizens/green-card holders are taxed on worldwide gains regardless of where they live** — emigrating does NOT end the §121 clock or the filing duty (no "departure tax" for citizens; covered-expatriate **IRC §877A** mark-to-market only on *formal expatriation/citizenship renunciation*, 2025, [IRS §877A guidance](https://www.irs.gov/individuals/international-taxpayers/expatriation-tax)). **Depreciation recapture**: any depreciation taken after 6 May 1997 (e.g., if ever rented) is **unrecaptured §1250 gain**, capped 25%, and is **carved OUT of the §121 exclusion** — recaptured even if total gain is within the cap (2025, [IRS Pub 523](https://www.irs.gov/publications/p523)). **§988 currency trap** — if the home carried a **non-USD mortgage**, paying it off / refinancing is a separate **IRC §988** personal foreign-currency transaction: if the loan currency weakened vs USD between draw-down and payoff, fewer dollars retire the debt → **phantom ordinary FX gain** (no $ ever received), taxable above the **$200 per-transaction de-minimis**; an FX *loss* on personal debt is **non-deductible** (asymmetric) (2025, [26 USC §988](https://www.law.cornell.edu/uscode/text/26/988); [IRS §988 IPU](https://www.irs.gov/pub/fatca/int_practice_units/fcu_cu_c_18_2_1_03.pdf)).
- **RENT-side** — Rental income is **worldwide-taxable to US persons** on **Schedule E (Form 1040)** wherever they live; if a US-situs home is rented while the owner lives abroad it stays on Schedule E (returning filers continue to file 1040, not 1040-NR — 1040-NR only applies to non-resident *aliens*, not US citizens) (2025, [IRS Pub 527](https://www.irs.gov/publications/p527)). **MACRS depreciation is mandatory** (27.5-yr residential) — "allowed or allowable": the IRS recaptures depreciation **you could have taken even if you didn't**, so skipping it does not avoid the §1250 recapture later (2025, [IRS Pub 527](https://www.irs.gov/publications/p527)). **FATCA/FBAR**: the *property* itself is not a "specified foreign financial asset," but a foreign bank account collecting rent IS — **FinCEN Form 114 (FBAR)** if aggregate foreign accounts >$10k any day, and **Form 8938** if thresholds met (higher abroad: $200k single / $400k MFJ year-end) (2025, [IRS Form 8938 instructions](https://www.irs.gov/forms-pubs/about-form-8938); [FinCEN FBAR](https://www.fincen.gov/report-foreign-bank-and-financial-accounts)). Passive-loss limits (§469) and the $25k active-participation allowance (phasing out $100k–$150k MAGI) usually trap losses while abroad. Insurance + management: see **Universal carve-outs**.

### CA

- **SELL-side** — Principal Residence Exemption claimed under **ITA para 40(2)(b)**; designation requires the property be "ordinarily inhabited" in each designated year (one PR per family unit/year) (2025, [CRA Folio S1-F3-C2](https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-1-individuals/folio-3-family-unit-issues/income-tax-folio-s1-f3-c2-principal-residence.html)). **Emigrating triggers departure tax — ITA §128.1(4)**: deemed disposition at FMV of most property on ceasing residence; **real property situated in Canada is EXCLUDED from the deemed disposition** (taxable real property), so the Canadian home does NOT crystallise on departure — but the PRE clock stops the year you cease to ordinarily inhabit, and the **§45(2) election** can defer the change-of-use deemed disposition for up to 4 yrs (extendable while non-resident if no other PR designated) (2025, [CRA — dispositions of property for emigrants](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/dispositions-property.html); [ITA §128.1](https://laws-lois.justice.gc.ca/eng/acts/I-3.3/section-128.1.html)). Sale by a non-resident requires a **§116 clearance certificate** or the buyer withholds 25% of gross (2025, [CRA §116](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/businesses-international-non-resident-taxes/payments-non-residents/disposing-certain-canadian-property.html)).
- **RENT-side** — Rent paid to a non-resident landlord is subject to **25% withholding on the GROSS rent** under **Part XIII**, remitted monthly, reported on **NR4** — unless the landlord files a **§216 election** to be taxed on NET rental income at graduated rates (file the §216 return within 2 years; an **NR6** undertaking lets the agent withhold on net during the year) (2025, [CRA §216 guide T4144](https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4144.html)). CCA (depreciation) is optional but creates recapture on sale and can disqualify part of the PRE; CRA also treats a change of use to a rental as a deemed disposition absent the §45(2) election. Insurance + management: see **Universal carve-outs**.

### UK

- **SELL-side** — **Private Residence Relief (PRR)** fully relieves CGT for periods the property was the only/main residence, **plus the final 9 months** of ownership automatically (36 months for disabled / care-home residents) (2025, [HMRC HS283](https://www.gov.uk/government/publications/private-residence-relief-hs283-self-assessment-helpsheet/hs283-private-residence-relief-2025)). **Non-residents have been within UK CGT on UK residential property since 6 April 2015**; PRR for a tax year of non-residence is only available if the owner (or spouse) spent **≥90 midnights in that property in the tax year** ("day-count" test) — otherwise that year is non-qualifying and gain is apportioned (2025, [HMRC HS283](https://www.gov.uk/government/publications/private-residence-relief-hs283-self-assessment-helpsheet/hs283-private-residence-relief-2025)). A non-resident must file a **CGT-on-UK-property return within 60 days of completion regardless of whether tax is due**; can elect to rebase to 5 April 2015 value or time-apportion (2025, [HMRC](https://www.gov.uk/guidance/capital-gains-tax-for-non-residents-uk-residential-property)). **Sterling-CGT trap**: UK CGT computes gain in GBP — acquisition cost and disposal proceeds each translated at their own spot rate, so currency moves alone can create taxable GBP gain even with no gain in the owner's new functional currency (2025, [HMRC CG78310 series](https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg78310)). **FA 2025 residence-based regime**: from 6 April 2025 the remittance basis / non-dom concept was abolished and replaced with a residence-based regime affecting IHT and the foreign-income/gains 4-year exemption — relevant to *returning* and *arriving* UK residents (2025, [HMRC — abolition of the remittance basis](https://www.gov.uk/government/publications/changes-to-the-taxation-of-non-uk-domiciled-individuals) — *may have changed*).
- **RENT-side** — Rent on UK property paid to a landlord whose "usual place of abode" is outside the UK falls under the **Non-Resident Landlord (NRL) Scheme**: the letting agent (or tenant paying >£100/wk with no agent) must **deduct basic-rate tax (20%) from rent** and pay HMRC quarterly — UNLESS HMRC approves the landlord to receive rent gross (form **NRL1**), after which the landlord self-assesses net (2025, [HMRC NRL scheme](https://www.gov.uk/government/publications/non-resident-landord-guidance-notes-for-letting-agents-and-tenants-non-resident-landlords-scheme-guidance-notes)). UK rental profit is always within UK income tax for a non-resident (the personal allowance may still apply to many nationalities by treaty/UK-national status). Mortgage-interest relief is restricted to a 20% tax-credit basis. Insurance + management: see **Universal carve-outs**.

### AU

- **SELL-side** — The CGT **main residence exemption is DENIED to anyone who is a foreign resident for tax purposes at the time of the disposal (CGT event)** — confirmed by the *Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Act 2019*; the original 9 May 2017 (7:30pm AEST) announcement had a transitional grandfather for pre-9-May-2017-held dwellings that **ended 30 June 2020** — so post-30-Jun-2020 there is essentially **no main-residence exemption for a foreign resident at sale**, with only a narrow **"life events" test** (terminal illness / death / divorce within a continuous foreign-residence period of ≤6 years) (2025, [ATO — main residence exemption for foreign residents](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/main-residence-exemption-for-foreign-residents)). **The much-cited "6-year absence rule" (s.118-145, treat a former home as main residence for up to 6 yrs while rented) is effectively neutralised if you are a foreign resident at the moment of sale** — residency status at the CGT event overrides the absence concession. **FRCGW**: from **1 Jan 2025 a 15% non-final withholding applies to the FULL price on ALL property sold by a foreign resident** (the prior $750k threshold and 12.5% rate were removed) unless the seller gives the buyer an ATO clearance certificate (2025, [ATO FRCGW](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/capital-gains-withholding-impacts-on-foreign-and-australian-residents)).
- **RENT-side** — Net Australian rental income is taxed to a foreign resident at **foreign-resident rates from the first dollar (no tax-free threshold), starting 30%** to ~$135k (2024–25 scale, [ATO foreign resident tax rates](https://www.ato.gov.au/tax-rates-and-codes/tax-rates-foreign-residents)); a **foreign-resident tax-file-number / reporting obligation** applies and CGT discounts are pro-rated/denied for post-8-May-2012 foreign-resident periods. **State land-tax foreign-owner surcharges** stack on top (rates set per state, e.g. NSW/VIC/QLD surcharge land tax — verify the current rate at the relevant State Revenue Office, *data not publicly available at federal level — verify at the relevant State Revenue Office, e.g. [Revenue NSW](https://www.revenue.nsw.gov.au/), [SRO Victoria](https://www.sro.vic.gov.au/)*). Insurance + management: see **Universal carve-outs**.

### NZ

- **SELL-side** — NZ has **no general CGT**; the **bright-line test** taxes residential-land gains as income if sold within **2 years** of acquisition (for property sold on/after 1 July 2024 — down from 10/5 yrs) (2024, [IRD bright-line test](https://www.ird.govt.nz/property/buying-and-selling/when-you-need-to-pay/the-brightline-test)). **Main-home exclusion**: no bright-line tax if the dwelling was the owner's main home for **>50% of the bright-line period AND >50% of its area** was used as main home (2024, [IRD QB 24/02](https://www.taxtechnical.ird.govt.nz/questions-we-ve-been-asked/2024/qb-24-02)). Leaving NZ does not itself trigger tax on the home, but renting it out for more than half the (now 2-yr) bright-line period can pull the gain into the bright-line net; outside the 2-yr window a genuine long-held former home is generally untaxed on sale (NZ has **no departure/exit tax on real property**). Other land-sale income rules (intention/dealing) can still apply (2024, [IRD](https://www.ird.govt.nz/property/buying-and-selling)).
- **RENT-side** — NZ rental income is NZ-source and taxable to a non-resident; residential rental **ring-fencing** limits offset of rental losses against other income, and **interest deductibility** for residential rentals has been phased back (verify current % — *data not publicly available in static form — verify at [IRD residential property deductions](https://www.ird.govt.nz/property/renting-out-residential-property)*). A non-resident landlord files an NZ return; there is no standard gross-withholding equivalent to CA/UK NRL but IRD can require an agent. Insurance + management: see **Universal carve-outs**.

### IE

- **SELL-side** — **Principal Private Residence (PPR) Relief** exempts CGT for the period the property was the owner's only/main residence **plus the last 12 months** of ownership automatically; partial relief is time-apportioned if occupied only part of the ownership period (2025, [Revenue — PPR Relief](https://www.revenue.ie/en/gains-gifts-and-inheritance/cgt-reliefs/principal-private-residence-ppr-relief.aspx)). Certain absences (e.g., employment abroad) can be deemed periods of occupation **only if** the owner resumes occupation afterward — moving abroad permanently and never returning generally **loses relief for the absence**, so the gain is apportioned. A non-resident remains within Irish CGT on Irish land/buildings ("specified assets") regardless of residence (2025, [Revenue — CGT](https://www.revenue.ie/en/gains-gifts-and-inheritance/transfering-an-asset/index.aspx)). No Irish departure/exit tax on real property for individuals (the §627 TCA 1997 exit charge is corporate-only — it taxes companies that migrate residence or transfer assets offshore, not individuals) (2018, [Revenue — Exit Tax TDM Part 20-02-01](https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-20/20-02-01.pdf)). Verify the specific "period of absence" sub-rules at the authority (*verify at [Revenue PPR Relief](https://www.revenue.ie/en/gains-gifts-and-inheritance/cgt-reliefs/principal-private-residence-ppr-relief.aspx)*).
- **RENT-side** — Irish rental income is Irish-source, taxable to a non-resident landlord. Where rent is paid directly to a non-resident with no Irish collection agent, the **tenant must withhold 20%** and remit; if a **collection agent** is appointed the agent is chargeable; non-resident landlords now generally use the **Non-Resident Landlord Withholding Tax (NLWT)** system where tenants/agents remit 20% via Revenue Online and the landlord claims credit on the annual return (2025, [Revenue — Non-resident landlords](https://www.revenue.ie/en/property/rental-income/non-resident-landlords/index.aspx)). Insurance + management: see **Universal carve-outs**.

### FR

- **SELL-side** — Sale of the **résidence principale is fully exempt** from plus-value immobilière (CGT) — the property must be the main residence **at the date of sale** (CGI art. 150 U II 1°) (2025, [BOFiP BOI-RFPI-PVI-10-40-10](https://bofip.impots.gouv.fr/bofip/4307-PGP.html)). **Expat carve-out** — a recent expatriate keeps a *résidence-principale-style* exemption if the property was the main residence and the sale occurs **no later than 31 December of the year FOLLOWING departure**, AND it was not let or lent in the interim (2025, [impots.gouv.fr — plus-values non-résidents](https://www.impots.gouv.fr/international-particulier/plus-values-immobilieres)). Separate **non-resident exemption (CGI art. 150 U II 2°)** for EU/EEA nationals: one dwelling per taxpayer, capped at **€150,000 of net taxable gain** (2025, [impots.gouv.fr](https://www.impots.gouv.fr/international-particulier/plus-values-immobilieres)). Taxable non-resident gains otherwise bear **19% CGT + 17.2% social levies = 36.2%** (CSG/CRDS reduced to 7.5% prélèvement de solidarité for EU/EEA-affiliated sellers) (2025, [Service-Public F10864](https://www.service-public.gouv.fr/particuliers/vosdroits/F10864)).
- **RENT-side** — French rental income is French-source and taxed to a non-resident under IR (minimum 20% band for non-residents up to a threshold) plus 17.2% prélèvements sociaux. Furnished letting falls under **LMNP / LMP** (location meublée non/professionnelle) — BIC regime, micro-BIC abatement or réel with amortissement; **LMP status** carries social-security and gain-regime consequences (verify thresholds — *data not publicly available in static form — verify at [impots.gouv.fr — revenus locatifs](https://www.impots.gouv.fr/particulier/location-meublee)*). A non-resident files form **2042 / 2044** and may need a **représentant fiscal** for some gains. Insurance + management: see **Universal carve-outs**.

### DE

- **SELL-side** — Private real-estate gain is taxable only inside the **§23 EStG Spekulationsfrist of 10 years** from notarised purchase. **Owner-occupied exception**: tax-free if used exclusively for own residential purposes **OR** in the year of sale **and the two preceding calendar years** (the "two-New-Year's-Eve" rule — as little as ~1 year + 2 days of continuous own use spanning three calendar years suffices) (2025, [§23 EStG, gesetze-im-internet.de](https://www.gesetze-im-internet.de/estg/__23.html)). **Critical trap**: if the home was **let at any point** between purchase and sale, the owner-occupied exception is lost and the full **10-year** clock applies to that disposal — so renting your German home before the 10 yrs are up reinstates the speculation-tax exposure (2025, [§23 EStG](https://www.gesetze-im-internet.de/estg/__23.html)). Germany has no general individual departure tax on directly-held domestic real property (the **§6 AStG / Wegzugsbesteuerung** exit tax targets ≥1% corporate shareholdings, not the family home). Outside the 10-yr window a sale is tax-free regardless of residence.
- **RENT-side** — German-source rental income (Vermietung und Verpachtung) is taxable to a non-resident on **Anlage V** with a **beschränkte Steuerpflicht** German return; depreciation (AfA, typically 2%/yr linear for older residential) is available and there is no PRE-style shelter for a let property. Letting also voids the §23 owner-occupied CGT exemption (see SELL-side). Insurance + management: see **Universal carve-outs**.

### NL

- **SELL-side** — The Netherlands has **no CGT on the gain from selling a private home**. The owner-occupied principal residence sits in **Box 1** (eigenwoningregeling — eigenwoningforfait deemed-income + mortgage-interest deduction), and a sale gain is **not taxed** (2026, [Belastingdienst — eigen woning](https://www.belastingdienst.nl/wps/wcm/connect/nl/koopwoning/) — *Box-3 reform pending; may have changed*). On ceasing to occupy / emigrating, the property leaves the eigenwoningregeling and **moves from Box 1 to Box 3** (deemed-return wealth tax on the property value net of debt) — the **bijleenregeling** and Box-1 mortgage-interest deduction stop. A non-resident is taxed in NL only on NL-situs property as foreign taxpayer (buitenlands belastingplichtige) in Box 3. There is no CGT-style charge on the sale itself.
- **RENT-side** — A let former home falls in **Box 3** for a non-resident owner (NL-situs immovable property) — taxed on a deemed return on value-minus-debt rather than on actual rent (the **Box 3 actual-return reform is in train** — *verify current basis at [Rijksoverheid — box 3 werkelijk rendement](https://www.rijksoverheid.nl/onderwerpen/inkomstenbelasting/plannen-werkelijk-rendement-box-3)*; rules may have changed). No mortgage-interest deduction once out of Box 1. Insurance + management: see **Universal carve-outs**.

### ES

- **SELL-side** — Gain on the **vivienda habitual** is exempt for a Spanish *resident* only if proceeds are reinvested in a new habitual residence (or full exemption for those >65). A **non-resident loses the habitual-residence framing**, but the AEAT extends the **reinvestment exemption to EU/EEA non-residents** disposing of their *former* Spanish habitual residence if proceeds are reinvested in a new main home (2025, [AEAT — ganancias venta inmuebles no residentes](https://sede.agenciatributaria.gob.es/Sede/ayuda/manuales-videos-folletos/manuales-practicos/manual-tributacion-no-residentes/capitulo-03-tributacion-rentas-comunes-nr/ganancias-patrimoniales/ganancias-patrimoniales-derivadas-venta-inmuebles.html)). Non-resident CGT on the gain is **19%** (EU/EEA) via **Modelo 210**; the buyer must **withhold and pay 3% of the price (retención)** to AEAT as a payment-on-account against the non-resident seller's gain (2025, [AEAT — retención adquirente inmueble](https://sede.agenciatributaria.gob.es/Sede/en_gb/no-residentes/irnr-sin-establecimiento-permanente/retenciones-irnr-sin-establecimiento-permanente/retencion-adquirente-inmueble.html)). Municipal **plusvalía (IIVTNU)** also applies on the land-value increment.
- **RENT-side** — A non-resident landlord declares Spanish rental income on **Modelo 210** under IRNR: EU/EEA residents are taxed at **19% on NET rent (deductible expenses allowed)**; non-EU/EEA residents at **24% on GROSS rent with no deductions** — a material penalty for non-EU origin cohorts (2025, [AEAT — IRNR sin establecimiento permanente](https://sede.agenciatributaria.gob.es/Sede/no-residentes/irnr-sin-establecimiento-permanente.html)). Imputed-income tax also applies for any period the property is available but not let. Insurance + management: see **Universal carve-outs**.

### IT

- **SELL-side** — A property sale generates a taxable **plusvalenza only if sold within 5 years** of purchase/construction; **excluded** are properties acquired by succession AND **dwellings used as the principal residence of the seller or their family for the majority of the period between acquisition and sale** (2025, [Agenzia Entrate — tassazione plusvalenze immobiliari](https://www.agenziaentrate.gov.it/portale/schede/pagamenti/tassazioneplusvalenze/cosa-tassazione-plusvalenze-immobiliari)). Within 5 yrs and not a qualifying main home, the gain bears ordinary IRPEF **or an elective 26% imposta sostitutiva** applied by the notary at the rogito (2025, [Agenzia Entrate](https://www.agenziaentrate.gov.it/portale/schede/pagamenti/tassazioneplusvalenze/cosa-tassazione-plusvalenze-immobiliari)). Outside 5 yrs, sale is untaxed regardless of residence; no individual exit tax on directly-held Italian real property. A separate Superbonus-driven plusvalenza regime exists for renovated properties (verify if Superbonus works were done — *verify at [Agenzia Entrate](https://www.agenziaentrate.gov.it/portale/)*).
- **RENT-side** — Italian-source rental income is taxable to a non-resident: ordinary IRPEF on canone, or the **cedolare secca** flat-tax option (21% standard / 10% concordato-rate contracts) for residential leases (verify current rates — *data not publicly available in static form — verify at [Agenzia Entrate — cedolare secca](https://www.agenziaentrate.gov.it/portale/schede/fabbricatiterreni/cedolare-secca/scheda-informativa-cedolare-secca)*). **IMU** (municipal property tax) is due and is **not abated as prima casa** once it is no longer the owner's actual main residence. Insurance + management: see **Universal carve-outs**.

### EMERGING (IN · BR · ZA)

- **IN — SELL-side**: LTCG on residential property held >24 months is taxed (post-Jul-2024 Finance Act: 12.5% without indexation, or 20% with indexation for pre-23-Jul-2024 acquisitions per the grandfathering choice — *verify current at [Income Tax Dept](https://www.incometax.gov.in/)*); **§54 reinvestment exemption** if gain rolled into another Indian residential house. **Buyer must deduct TDS under §195 when the seller is an NRI: ~20% LTCG (>24 mo) or 30% STCG on the consideration, plus surcharge & cess** — far above the 1% resident §194-IA rate (2025–26, [Tax2win — §195 TDS NRI](https://tax2win.in/guide/section-195-tds-on-nri-selling-property); cross-check [incometax.gov.in](https://www.incometax.gov.in/)). Lower-deduction certificate (Form 13) available to reduce the TDS to the true gain. **IN — RENT-side**: Indian rental income taxable to an NRI; the **tenant must deduct TDS on rent to an NRI under §195** (not the 5% §194-IB resident rate); repatriation of post-tax rent needs **Form 15CA/15CB**; declare on an Indian ITR.
- **BR — SELL-side**: ganho de capital on real-estate sale by a **non-resident is taxed at a flat 15%** (residents face a 15%–22.5% progressive scale and an own-home reinvestment exemption within 180 days that **does not apply to non-residents**) (2025, [Domingues e Pinho — capital gain on real estate](https://www.dpc.com.br/capital-gain-on-real-estate-sales-learn-more-about-taxation-exemptions-and-statements/?lang=en); cross-check [Receita Federal](https://www.gov.br/receitafederal/pt-br/assuntos/meu-imposto-de-renda/pagamento/ganhos-de-capital/aliquotas)). The acquirer/representative must withhold and the gain is declared via the carnê/GCAP for non-residents. **BR — RENT-side**: rent earned by a non-resident from Brazilian property is subject to **withholding (commonly 15%) on gross rent** with a Brazilian *procurador* required to be appointed (verify rate — *verify at [Receita Federal](https://www.gov.br/receitafederal/)*).
- **ZA — SELL-side**: CGT **primary-residence exclusion is R3,000,000 of gain** (raised from R2,000,000 effective 1 March 2026; the prior R2m figure pre-1-Mar-2026 — *may have changed*) (2026, [SARS — primary residence](https://www.sars.gov.za/types-of-tax/capital-gains-tax/transactions-between-connected-persons/primary-residence/); change per [FinGlobal 2026-05-06](https://www.finglobal.com/2026/05/06/capital-gains-tax-south-africa-property/)). On sale by a **non-resident, the buyer must withhold** under s.35A: **7.5% (natural person) / 10% (company) / 15% (trust)** of the price as an advance against the seller's CGT (2025, [SARS — non-resident sellers of immovable property](https://www.sars.gov.za/types-of-tax/capital-gains-tax/non-resident-sellers-of-immovable-property/)); emigration also triggers a **CGT exit charge on worldwide assets EXCLUDING SA immovable property** (the SA home is excluded from the deemed disposal but stays in the SA CGT net on eventual sale). **ZA — RENT-side**: SA rental income is SA-source, taxable to a non-resident on an SA return; SARS can require provisional-tax registration. Insurance + management: see Universal carve-outs.

### Universal carve-outs

#### The insurance bind (applies to EVERY cohort that rents the old home)

- A **standard owner-occupied homeowner's policy is typically suspended or VOID once the dwelling is vacant/unoccupied beyond a stated period — commonly 30 to 60 consecutive days** — and is **not the correct policy once a tenant occupies it**. The US **NAIC** treats a home unoccupied/empty for **60+ days as "vacant,"** with carriers setting the trigger anywhere in the **30–60-day** range; vacancy/unoccupancy exclusions then bar core perils (vandalism, water, theft, sometimes liability) (2025, [NAIC — understanding your homeowners/renters policy](https://content.naic.org/article/consumer-insight-understanding-your-homeowners-or-renters-policy)). NAIC consumer guidance is explicit that **renting out a home requires a landlord (dwelling/DP) policy, not the homeowner (HO) policy**, and the tenant carries their own renters policy (2025, [NAIC — renting out your home](https://content.naic.org/article/consumer-insight-renting-out-your-home-you-need-insurance-coverage-home-sharing-rentals)). Practical implication for the foreign buyer: the moment the origin home is let or sits empty pending tenants, the existing policy may not respond — a **landlord / non-occupier policy uplift is required**, usually at higher premium, and lenders' mortgage conditions often *require* continuous adequate cover (a coverage gap can also breach the mortgage). UK/EU equivalents use "unoccupied property" / "let property" wordings with comparable 30–60-day unoccupancy clauses — verify the exact clause with the specific insurer and, in the UK, against [ABI](https://www.abi.org.uk/) guidance (*specific clause wording varies by insurer — verify on the policy schedule*).
- **Net effect on the SELL-vs-RENT math**: RENT carries a recurring, often-underestimated premium uplift PLUS a catastrophic-gap risk if the owner forgets to convert the policy before moving abroad (the single most common own-goal — the home is "covered" on paper but the vacancy clause has already voided it).

#### Property management from abroad (cross-ref `--property-management`)

- Every RENT-side branch presumes a reliable on-the-ground manager. From abroad the owner cannot self-manage vetting, repairs, emergency response, deposit handling, or eviction; a managing agent typically costs a recurring percentage of rent plus letting/renewal fees and does not eliminate landlord legal liability. Time-zone, language, and remote-signing constraints compound the `--remote` problems. **This sub-section deliberately does not restate the management economics — see `--property-management`** for the agent-fee bands, tenant-default and void-period modelling, and the remote-landlord operational checklist. The SELL-vs-RENT decision should net the management drag (fees + voids + remote-friction) against the gross yield before comparing to the one-off cost and irreversibility of SELL.

## Corrections folded (research-surfaced)

- **AU "6-year absence rule" over-cited as still protecting expats.** Many relocation blogs state a former Australian home can be rented for up to 6 years and sold CGT-free under s.118-145. **For someone who is a foreign resident for tax purposes at the time of the CGT event, the main-residence exemption (and with it the absence concession) is denied** post-30-Jun-2020 transition, except the narrow life-events test. Residency status at sale overrides the absence rule (2025, [ATO](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/main-residence-exemption-for-foreign-residents)).
- **AU FRCGW frequently quoted at the old "12.5% over $750k."** From **1 January 2025 it is 15% on the FULL price with the threshold removed** for all foreign-resident vendors (2025, [ATO FRCGW](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/capital-gains-withholding-impacts-on-foreign-and-australian-residents)).
- **US §121 commonly described as "live there 2 of last 5 years" with no mention that depreciation always survives the exclusion.** Post-6-May-1997 depreciation is **unrecaptured §1250 gain carved out of §121** — recaptured even when total gain is under the cap; the "2-of-5" framing without this caveat understates tax for anyone who ever rented (2025, [IRS Pub 523](https://www.irs.gov/publications/p523)).
- **US emigrants told "renounce and you're free."** Citizens/green-card holders remain worldwide-taxed on the rental and the eventual sale until formal expatriation; §121's clock is *use*-based (3 yrs after move-out), not residence-based — leaving the US does not pause it (2025, [IRS Pub 523](https://www.irs.gov/publications/p523)).
- **CA "departure tax taxes everything including your house."** ITA §128.1(4) **excludes Canadian real property (taxable Canadian property) from the deemed disposition on emigration** — the home is NOT deemed sold on departure; the live issues are the PRE clock, the §45(2) change-of-use election, and §116 clearance / 25% Part XIII on rent at sale (2025, [CRA](https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/individuals-leaving-entering-canada-non-residents/dispositions-property.html)).
- **UK PRR "final 18/36 months" still circulated.** The automatic final-period exemption was cut to **9 months** (36 months only for disabled/care-home cases) for disposals from 6 April 2020 (2025, [HMRC HS283](https://www.gov.uk/government/publications/private-residence-relief-hs283-self-assessment-helpsheet/hs283-private-residence-relief-2025)).
- **ZA primary-residence exclusion still quoted at R2,000,000.** Raised to **R3,000,000 effective 1 March 2026** (2026, [SARS](https://www.sars.gov.za/types-of-tax/capital-gains-tax/transactions-between-connected-persons/primary-residence/) — *figure changed 1 Mar 2026; pre-date filings use R2m*).
- **Insurance "the house is still insured while empty."** Standard owner-occupier policies generally void after a **30–60-day** vacancy/unoccupancy period and are the wrong product once tenanted — the most common, most expensive own-goal in the RENT branch (2025, [NAIC](https://content.naic.org/article/consumer-insight-understanding-your-homeowners-or-renters-policy)).

## Confidence labels

- **HIGH** — rule sourced to the cohort's primary tax authority with statute/section cited (US IRC §121/§988/§1250 + Form 8938/FBAR; CA ITA §40(2)(b)/§216/NR4/§128.1; UK PRR + NRL + FA 2025; AU main-residence-exemption removal + FRCGW 15%).
- **MEDIUM** — rule correctly identified and authority named but section/threshold qualitative pending primary confirmation (several EU cohorts + emerging block).
- **LOW** — no located primary source for the cohort rule; marked `data not publicly available — verify at <tax authority>`. No statute number or threshold was invented.

## Status

**Last refreshed**: 2026-05-15. **Next refresh**: per-event on origin-cohort tax-reform (UK FA cycle, AU FRCGW rate, US OBBBA-adjacent, CA inclusion-rate), annual otherwise.

**Confidence**: MEDIUM-HIGH overall — HIGH for the US/CA/UK/AU anchors (statute-cited); MEDIUM for the EU + emerging cohorts. The §121/PRE/PRR/6-year clock + the insurance-bind are the actionable core; every output ends at "engage cross-border counsel in both jurisdictions".