Commentary

C1.603 Individuals not domiciled in the UK

Capital gains tax
Capital gains tax | Commentary

C1.603 Individuals not domiciled in the UK

Capital gains tax | Commentary

C1.603 Individuals not domiciled in the UK

Gains

If a non-UK domiciled1 (see E6.301A) individual is chargeable on the remittance basis by ITA 2007, ss 809B, 809D or 809E, chargeable gains are treated as accruing to him on the disposal of foreign assets in any tax year in which those gains are remitted2 to the UK3. This does not, however, apply to gains on foreign assets accruing from 6 April 2013 in the overseas part of a split year (see E6.124A), regardless of the part of the year (overseas part or UK part) in which they are remitted4 (see E6.324B). These gains are not chargeable. If the tax year of remittance is a split year, the gains which are chargeable are treated as accruing in whichever part of the year (the overseas part or the UK part) in which they are actually remitted to the UK5. The full amount of foreign chargeable gains remitted in that year are treated as chargeable6. However, if the individual making the disposal is not resident in the year of remittance, no charge to tax can be made because the remittances are treated as gains accruing in the year of remittance7 with the exception, where an individual left the UK for residence abroad after 16 March 1998, if the remittance falls in a period of temporary non-residence (see E6.137A–E6.137E), it is charged in the tax year in which residence is resumed8. There are, however, exclusions for assets acquired after the taxpayer becomes resident abroad9, see

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