CG10700 - Persons chargeable: general
TCGA92/S2 (1)*, TCGA92/S10*, TCGA92/S10B* & TCGA92/276
Persons, including companies, are chargeable to tax in respect of chargeable gains if, in the year of assessment or accounting period in which the disposal is made, they are
- resident or, in the case of a person other than a company, ordinarily resident** in the UK, or
- in the case of a person other than a company, non-resident and carrying on a business in the UK through a branch or agency (in respect of assets connected with the branch or agency only), see CG25550+, or
- in the case of a company, non-resident and carrying on business in the UK through a permanent establishment (in respect of assets connected with the permanent establishment only), see CG42100+, or
- in the case of a company, (that is either resident or not resident in the UK) an ATED related gain accrues, see CG73600+, or
- associated with exploration or exploitation activities in a designated area of the continental shelf (in respect of assets connected with those activities only).
- non-resident and the disposal is of an interest in UK residential property (for all persons from 6 April 2015 see CG73700 onwards)
- non-resident and it is a direct or indirect disposal of an interest in UK real property (for all persons from 6 April 2019 see CG73920 onwards)
`UK’ means Great Britain and Northern Ireland. It includes the territorial sea of the UK but it does not include the Irish Republic, the Isle of Man or the Channel Islands.
*These provisions were re-written for disposals from 6 April 2019 see CG10150.
** For 2013/14 and subsequent tax years ordinary residence does not need to be considered.