Commentary

E1.235 Non-resident capital gains tax (NRCGT) returns—6 April 2015 to 5 April 2019 regime

Personal and employment tax

E1.235 Non-resident capital gains tax (NRCGT) returns—6 April 2015 to 5 April 2019 regime

E1.235 Non-resident capital gains tax (NRCGT) returns—6 April 2015 to 5 April 2019 regime

The provisions in this article apply in relation to disposals of UK residential property by non-resident persons between 6 April 2015 and 6 April 2019. For details of returns and tax payments required relating to disposals of UK land by non-residents from 6 April 2019 onwards, see C1.110.

Where a non-resident disposal of UK residential property is made (see C2.1130) the 'appropriate person' must, within 30 days of the date of completion of the disposal1:

  1.  

    •     file a non-resident capital gains tax (NRCGT) return in respect of the disposal, and

  2.  

    •     make a payment on account to HMRC of the tax due

Note that although companies are subject to corporation tax on chargeable gains, the NRCGT regime also applies to companies2. See C2.1130.

See below for the compliance requirements where either:

  1.  

    (a)     the disposal fits the circumstances to which the rules for an elective NRCGT return apply

  2.  

    (b)     the 'appropriate person' is otherwise required to file a self assessment or annual tax on enveloped dwellings (ATED) return, or

  3.  

    (c)     the residence status of the 'appropriate person' is in doubt

Appropriate person

The appropriate person is the person chargeable (ie the taxpayer who makes the disposal). In the case of an NRCGT group (see C2.1135), the 'appropriate person' is the member companies at the time of disposal plus any other companies that were members before the date of disposal during the year to which the return relates (ie the year in

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