CG25000 - Effects of residence, ordinary residence and domicile: introduction

Broadly, the legislation aims to charge Capital Gains Tax on gains where there is an appropriate connection between an individual realising a gain and the UK. The connection may be one of the following types.

• The individual may be resident in the UK
• The individual would have been chargeable to CGT under TCGA1992/S10* (non-UK resident trading through a branch or agency) see CG25515
• TCGA1992/S10A* (temporary non-residence periods) applies see CG26500 onwards.
• Gains attributed under TCGA92/S86 that arise in a year are treated as falling within the UK part of a split year. See CG38400 onwards.
• From 6 April 2015 where the disposal is of an interest in UK residential property see CG73700 onwards.
• From 6 April 2019 where it is a direct or indirect disposal of an interest in UK real property see CG73920 onwards.

This general scheme is affected in some circumstances by the domicile of the individual and the effects of double taxation treaties.

* These provisions were re-written for disposals from 6 April 2019 see CG10150.