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HMRC internal manual

Capital Gains Manual

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HM Revenue & Customs
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Arrival in and departure from the UK: text of ESCD2: departures before 17.3.98 and arrivals before 6.4.98

This text is included for reference only. If you have a case in which an individual arrived in the UK before 6 April 1998, or departed before 17 March 1998, you should make a submission to Specialist PT (CG Technical), Royal House, Prince’s Gate, 2-6 Homer Road, Solihull, West Midlands, B91 3WG

‘Residence in the United Kingdom: year of commencement or cessation of residence

A person who is treated as resident in the United Kingdom for any year of assessment from the date of his arrival here but who has not been regarded at any time during the period of 36 months immediately preceding the date of his arrival as resident or ordinarily resident here, is charged to Capital Gains Tax only in respect of the chargeable gains accruing to him from disposals made after his arrival in the United Kingdom. When a person leaves the United Kingdom and is treated on his departure as not resident and not ordinarily resident in the United Kingdom he is not charged to Capital Gains Tax on gains accruing to him from disposals made after the date of his departure.

This concession does not apply to any person in relation to gains accruing to him on the disposal of assets which are situated in the United Kingdom and which, at any time between his departure from the United Kingdom and the end of the year of assessment, are either:

  • used in or for the purposes of a trade, profession or vocation carried on by him in the United Kingdom through a branch or agency; or
  • used or held for, or acquired for use by or for the purposes of such a branch or agency.

This concession does not apply to trustees of a settlement who commence or cease residence in the United Kingdom or to a settlor of a settlement in relation to gains in respect of which he is chargeable under Section 77-79 TCGA 1992, (Schedule 10 FA 1988) or Section 86 TCGA 1992 and Schedule 5 TCGA 1992, (Schedule 16 FA 1991).’