Tax implications of temporary non-residence before 6 April 2013 [Archived]

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Tax implications of temporary non-residence before 6 April 2013 [Archived]
  • Temporary non-residence conditions
  • Residence pre-6 April 2013
  • CGT temporary non-residence rules—examples
  • Capital gains and losses
  • Capital gains
  • Capital losses
  • Assets acquired after departure
  • Capital gains—split year treatment
  • Non-resident trusts—temporarily non-resident settlor
  • More...

Tax implications of temporary non-residence before 6 April 2013 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

Temporary non-residence conditions

The pre-2013 rules apply if an individual's temporary period of non-residence is five years or less, so those rules will finally become obsolete on 6 April 2018, when those who left the UK in 2012/13 will have completed five years of non-residence.

Paragraph 158 of Schedule 45 to the Finance Act 2013 (FA 2013) provides:

(1) The existing temporary non-resident provisions, as in force immediately before the day on which this Act is passed, continue to have effect on and after that day in any case where the year of departure (as defined in Part 4 of this Schedule) is a tax year before the tax year 2013–14.

The pre-6 April 2013 temporary non-residence conditions are:

  1. the taxpayer satisfies the residence requirements for any year of assessment

  2. he did not satisfy those requirements for one or more years of assessment preceding the year of return, but there are years of assessment before that year in which he did satisfy those requirements

  3. there are fewer than five years of assessment falling between the year of departure and the year of return, and

  4. four out of the seven years of assessment immediately preceding the year of departure are also years of assessment for each of which he satisfied

Popular documents