Commentary

C2.1131 Liability to non-resident capital gains tax (NRCGT) up to 5 April 2019

Capital gains tax
Capital gains tax | Commentary

C2.1131 Liability to non-resident capital gains tax (NRCGT) up to 5 April 2019

Capital gains tax | Commentary

C2.1131 Liability to non-resident capital gains tax (NRCGT) up to 5 April 2019

The rules in C2.1130–C2.1138 apply to disposals made prior to 6 April 2019. For disposals made on or after 6 April 2019, see C2.1139–C2.1173. Transitional rules apply to unused losses existing at 6 April 2019 that have accrued on disposals made prior to that date. See C2.1142 for further details.

Capital gains tax is charged on gains (NRCGT gains) accruing on an 'NRCGT disposal' ie a disposal of a UK residential property interest (see C2.1132) to which the following applies1:

  1.  

    •     in the case of an individual, he is not resident in the tax year in which the gain accrues (or would accrue if there were a gain), or the gain accrues in the overseas part of a split tax year (for explanation of split tax year, see E6.118)

  2.  

    •     in the case of personal representatives, that the single and continuing body as described in C1.206 is not UK resident

  3.  

    •     in the case of trustees, that the single person as described in I5.1205 is not resident in the UK during any part of the year in question; and

  4.  

    •     in any other case the person (eg certain companies — see below for exceptions) is not resident in the UK when the gain accrues (or would accrue if there were a gain)

In order to prevent double taxation the gain is not chargeable under these provisions if it is already chargeable under TCGA 1992, ss 1B or 2C (non-resident

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial