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HMRC internal manual

Capital Gains Manual

Arrival in and departure from the UK: establishing the correct time when a gain arises

An individual intending to emigrate from the UK and dispose of assets may arrange his or her affairs so that although they have certainty or near-certainty that the sale will occur before their UK residence position changes, it appears that the disposal for tax purposes takes place after that date.

There are a number of circumstances in which Capital Gains Tax liability may arise notwithstanding that the date of disposal appears to be after the date of emigration. These are where it can be shown that

  • there was a binding agreement or contract for sale on or before the date their residence position changes
  • a business was carried on in the UK through a branch or agency in the period from the date of emigration to the date of disposal
  • an attempt has been made to use ESCD2 for tax avoidance (for years up to and including 2012-13).
  • The disposal falls in a period of temporary non residence see CG26100+.