Commentary

C2.1138 Meaning of disposal of non-UK residential property interest

Capital gains tax
Capital gains tax | Commentary

C2.1138 Meaning of disposal of non-UK residential property interest

Capital gains tax | Commentary

C2.1138 Meaning of disposal of non-UK residential property interest

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.

A 'disposal of a non-UK residential property interest' is a disposal (whether before or after 6 April 2016) of an interest in non-UK land which has in the 'relevant period of ownership', either (i) consisted of or included a dwelling, or (ii) subsists for the benefit of land that has consisted of or included a dwelling in that period. Alternatively it is a disposal of an interest in non-UK land which subsists under 'a contract for an off-plan purchase', ie a contract for acquisition of land consisting of, or including, a building or part thereof that is constructed or adapted as a dwelling. The 'relevant period of ownership' is the period from acquisition or 31 March 1982, whichever is later, to the day before the date

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