Overseas capital loss election

Produced by Tolley
Overseas capital loss election

The following Personal Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Overseas capital loss election
  • Introduction
  • The election
  • Automatic remittance basis
  • Effect of the election
  • Remittances in a later tax year
  • Exceptions
  • How the election is made
  • Issues connected to making a retrospective stand-alone election
  • Reporting
  • More...


This note explains a particular election that can be made by non-domiciled individuals who claim the remittance basis. For an explanation of the meaning of non-domiciled, see the Domicile guidance note. For an introduction to the remittance basis, see the Remittance basis ― overview guidance note.

For details of the interaction with the deemed domicile provisions from 6 April 2017, see the end of this guidance note.

The election

In the absence of an election, there is no relief for the foreign capital losses of a non-domiciled individual who has accessed the remittance basis, as it is not possible to remit a loss.

From 2008/09 onwards, a non-domiciled individual who claims the remittance basis under ITA 2007, s 809B, can make a one-off foreign capital loss election. The capital loss election must relate to the first tax year for which a remittance basis claim is made.

The deadline for the election is four years from the end of the relevant tax year. Therefore, individuals who claimed the remittance basis for 2008/09 (the first year in which the rules changed) had until 5 April 2013 to make the election:

Tax year of first remittance basis claimDeadline for making the election
2008/095 April 2013
2009/105 April 2014
2010/115 April 2015
2011/125 April 2016
2012/135 April 2017
2013/145 April 2018
2014/155 April 2019
2015/165 April 2020
2016/175 April 2021
2017/185 April 2022
2018/195 April 2023
2019/205 April 2024
2020/215 April 2025

TCGA 1992, s 16ZA(4); TMA 1970, ss 42, 43

Automatic remittance basis

Individuals are automatically within the remittance basis if they:

  1. have unremitted income or gains of £2,000 or less in the tax year

  2. are under 18 at the end of the year, have no more than £100 of UK taxed investment income, and no other UK taxable income, and do not remit any relevant income or gains to the UK, or

  3. have been resid

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