Gains attributable to participators in non-UK resident companies

By Tolley

The following Corporation Tax guidance note by Tolley provides comprehensive and up to date tax information covering:

  • Gains attributable to participators in non-UK resident companies
  • Conditions
  • Attribution of gains and losses
  • Company pays the tax on the attributed gain
  • Participator pays the tax on the attributed gain ― reliefs available
  • Double taxation agreements (DTAs) and double tax relief
  • Application to non-domiciled individuals
  • Application to deemed domiciliaries

As part of the changes introduced by Schedule 1 of Finance Act 2019, Part 1 of TCGA 1992 was rewritten. The new TCGA 1992, Part 1 largely restates the existing law but also includes additional provisions to bring disposals by non-UK residents of UK land from 6 April 2019 within the charge to tax. The rewrite was intended to modernise and simplify the structure of the UK capital gains rules as well as to accommodate the rules on disposals of interests in assets relating to UK land by non-UK residents. Where the legislation has been restated, the legislative links to the previous law shown in this guidance note are for reference only. The former text of Part 1, before substitution by FA 2019, Sch 1, is set out in full at the end of the rewritten TCGA 1992, Part 1 in the Yellow Tax Handbook.

Non-resident companies are not normally liable to tax on chargeable gains even if the assets disposed of by the company are situated in the UK. The main exceptions to this are:

  • where the assets are used for the purposes of a trade carried on in the UK through a permanent establishment (PE), such as a branch or agency (TCGA 1992, s 2C (from 6 April 2019), TCGA 1992, s 10B (up to 5 April 2019))
  • for disposals made between 6 April 2013 and 5 April 2019, where the assets are interests in UK residential property and the whole or part of the gain is ‘ATED-related’ or is within the scope of the FA 2015 NRCGT regime. See the Overview of the ATED regime and Capital gains tax charge on UK residential property owned by non-residents guidance notes (both subscription sensitive) for further details (TCGA 1992, s 13(1A)(a)–(b) applying TCGA 1992, ss 2B, 14D or 188D)
  • for disposals made on or after 6 April

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