The following Corporation Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
Prior to 6 April 2019, only gains on direct disposals by non-resident persons of UK residential property interests were potentially subject to UK tax. This would have been the case where the capital disposal was annual tax on enveloped dwellings (ATED) related or was caught by the FA 2015 non-resident CGT (NRCGT) rules. See the Overview of the ATED regime and Non-resident capital gains tax (NRCGT) on UK residential property (2015–2019 rules) guidance notes for further details on the operations of those rules. In both cases, the gains were subject to CGT, either at 20%, if caught by the FA 2015 NRCGT rules, or 28%, if ATED-related. The normal rule charging companies’ capital gains to corporation tax did not apply.
However, as a result of legislation introduced in FA 2019, Sch 1, all types of direct disposals of ‘interests in UK land’ (see below) by non-residents made on or after 6 April 2019 are within the scope of capital gains, widening the remit significantly (the extended regime is referred to in the remainder of this guidance note as the ‘FA19 NRCGT regime’).
Essentially, from 6 April 2019:
all direct disposals of interests in UK land, both residential and commercial, are subject UK tax. For non-resident companies, such disposals are subject to UK corporation tax rather than CGT
the previous exemption from UK tax for residential property owned in diversely-held corporate vehicles (broadly, one which is not under the control of five or fewer participators) no longer applies. See Simon’s Taxes C2.1131 for further details on the rules that applied prior to 6 April 2019
This guidance note sets out the rules that apply to direct disposals of interests in UK land made by non-residents on or after 6 April 2019. Further detail is available via Simon’s Taxes C2.1145–C2.1149.
For a general overview of the FA19 NRCGT regime, see the Overview of the rules on disposals of interests in UK land by non-residents guidance note.
For the specific rules that apply
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