CG73801 - Non-Resident Capital Gains Tax (NRCGT) – Disposals on or after 6 April 2015 to 5 April 2019: Individuals: Special rules, and computation: Other new provisions for individuals: Interest subsisting under contract for off-plan purchase

Sch 4ZZB/para 10 applies where a non-resident CGT disposal of a UK residential property interest relates to disposal of an interest under a contract to acquire land that consists of, or includes, a building to be constructed as a dwelling (contracts to purchase a dwelling “off plan”). The land that is the subject of the contract is treated as consisting of or including a dwelling throughout the person’s period of ownership of the interest. Consequently, the charging provisions of Sch 4ZZB/Part 3 apply to the disposal of such contracts.

See also TCGA92/Sch B1/para 1(3), which makes clear that disposals of interests in UK land under a contract for an off-plan purchase do fall within the meaning of a UK residential property interest, and are therefore within the scope of a charge to non-resident CGT (discussed at CG73758).