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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Arrival in and departure from UK: temporary non-residence: persons within the scope of TCGA92/S10A - year of departure 2012-13 or earlier

A person is chargeable to Capital Gains Tax in respect of chargeable gains accruing to them in a year, or any part of a year, in which they are resident or ordinarily resident in the UK, by virtue of TCGA92/S2(1), see CG10700+. In the context of section 2 ‘person’ includes individuals, trustees of a settlement and companies. Companies are normally excluded from the charge to Capital Gains Tax and are charged to Corporation Tax on their chargeable gains.

Where TCGA92/S10A applies, the time at which a gain accrues is altered for the purposes of the charging provision at section 2. Section 10A only applies to gains and losses which accrue, or are treated as accruing, to individuals. It cannot change the time of accrual of gains of companies or trustees or other persons who are not individuals.