VCM23120 - EIS: deferral relief: shares issued on or after 6 April 1998: when is the deferred gain brought back into charge: shareholder becomes non-resident

TCGA92/SCH5B/PARA3 (3)

There will be no chargeable event if the shareholder becomes non-resident by reason of his or her employment and all the following conditions are satisfied:

• the shareholder becomes non-resident because he or she is working in an office or employment all the duties of which are performed outside the UK,
• the shareholder becomes resident or ordinarily resident again within three years of the date of becoming non-resident,
• the shareholder does not sell any of the eligible shares on which they have claimed deferral relief during the intervening period of non-residence.

If the first condition is satisfied you must wait until the end of the three year period to see if the second and third conditions are satisfied before assessing the deferred gain.