C2.1139 Overview of rules on disposals of interests in UK land by non-residents (NRCG regime)
For disposals made on or after 6 April 2019, gains made by non-UK resident persons are chargeable to tax where they arise on:
• direct disposals of UK land (whether residential or non-residential), or
• indirect disposals of UK land through disposals of rights or interests in companies that derive at least 75% of their value from UK land
These rules were introduced by Finance Act 2019 and significantly extended the non-resident capital gains (NRCG) regime that applied prior to 6 April 2019 (see 'Background to the non-resident capital gains rules' below).
In order to prevent double taxation the gain is not chargeable under the FA 2019 NRCGT rules if it is already chargeable under TCGA 1992, ss 1B or 2C (non-resident with UK branch or agency, or non-resident company with UK permanent establishment, see C1.602), or if it is chargeable under CTA 2010, s 356OC or ITA 2007, s 517C (transactions in UK land rules, see B5.255).
However, the NRCGT rules do take precedence over the temporary non-residence rules1 (see E6.137C) but the latter can apply to any part of the gain that is not within the NRCGT rules.
Reliefs that prevent gains on disposals by certain types of person from being chargeable gains also apply to exempt gains that are NRCG from being chargeable gains2.
Where a person will be charged to tax