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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Non residents with a UK branch or agency - individuals - arrivals to and departures from the UK

For the years up to 5/4/2013 an individual is within the charge to Capital Gains Tax for any year of assessment during which he or she is at any time resident or ordinarily resident in the UK (see CG25200). Where an individual who carries on a trade, profession or vocation in the UK through a branch or agency and then takes up residence (or ordinary residence) in the UK or leaves the UK and carries on a trade, profession or vocation in the UK through a branch or agency the conditions of Extra Statutory Concession D2 should be considered. See CG25770.

For the years from 6/4/2013 an individuals residence is determined by the Statutory Residence Test.

Under the rules within the Statutory Residence Test an individual will be either resident or not resident in the UK for a year of assessment. Any gains arising in the year are chargeable under TCGA92/S2.

Split year treatment does not apply for gains from a trade, profession or vocation in the UK through a branch or agency TCGA92/S2(1C).