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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Roll-over relief: non-residents

A person who is resident or ordinarily resident* in the UK can roll over a gain from the disposal of qualifying assets against the acquisition of new qualifying assets wherever they are situated. If all other conditions for relief are met you should not deny relief where a person has ceased to be resident or ordinarily resident* in the UK when the new qualifying assets are acquired.

TCGA92/S159

A person who is not resident or ordinarily resident* in the UK but is chargeable on gains from the disposal of qualifying assets of a branch or agency (or in the case of a company, of a permanent establishment) in the UK can only roll over gains into the acquisition of further UK branch or agency assets, see CG61350+.

A Statutory Residence Test for individuals was introduced for years from 6/4/2013.

*For 2013/14 and later years ordinary residence does not need to be considered.

Guidance on the Statutory Residence Test can be found in the RDR3 Guidance Note: Statutory Residence Test (SRT).

Groups of companies

The roll-over relief rules are modified for groups of companies, see CG45930+.