CG73713 - Non-Resident Capital Gains Tax (NRCGT) - Disposals on or after 6 April 2015 to 5 April 2019: The Charge to Non-Resident CGT, and the exemptions: Non-resident CGT disposal

TCGA92/S14B to H* set out some fundamental principles on how non-resident CGT applies.

TCGA92/S14B* defines “non-resident CGT disposal” for the purposes of TCGA92. It is a disposal of a UK residential property where either Condition A or B is met -

• Condition A is that the person disposing of the property is not resident in the UK in the tax year in which any gain on the disposal accrues, where the person is an individual, personal representative(s) of a deceased person; trustee(s) of a settlement; or some other entity such as a company.
• Condition B is that any gain on the disposal would accrue in the overseas part of a split year, where the person is an individual. (See also CG73704 on ‘split year’ treatment of individuals.)

A disposal does not come within the definition to the extent that any gains accruing to the person would be chargeable to CGT under TCGA92/S10(1)* (non-resident with UK branch or agency), or under TCGA92/S2* as a result of TCGA92/S(1C)* (overseas part of a split year); or would form part of a person’s chargeable profits for CT purposes under TCGA/S10B*.

TCGA92/S14C* provides that “disposal of a UK residential property interest” has the definition in the new TCGA92/Sch B1.

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