CGT under double tax treaties

CGT under double tax treaties

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If the UK domestic law says no CGT applies yet the relevant double tax treaty says Capital Gains Tax should apply. 

Is it just a case of completing a UK tax return or is there any other formality to follow.  

Thanks

Replies (6)

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By chicken farmer
06th Dec 2014 17:12

???
Why do you think a DTA can impose a CGT liability where none exists in domestic legislation?

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Replying to Roland195:
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By Jim100
06th Dec 2014 18:25

DTA v domestic law

chicken farmer wrote:
Why do you think a DTA can impose a CGT liability where none exists in domestic legislation?

I recall DTA overrides domestic law.  

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By User deleted
06th Dec 2014 18:16

Is it about an individual and is s/he non-resident in the UK?

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Replying to Tom 7000:
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By Jim100
06th Dec 2014 18:26

correct

taxguru wrote:

Is it about an individual and is s/he non-resident in the UK?

That is correct TaxGuru

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Replying to wob:
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By User deleted
06th Dec 2014 18:49

No CGT

Jim100 wrote:

That is correct TaxGuru

Then there is no UK tax as s.2(1) is still rock solid! The DTA override is irrelevant.

Thanks (1)
Replying to Mikolaj:
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By Jim100
06th Dec 2014 19:30

Thanks

taxguru wrote:

Jim100 wrote:

That is correct TaxGuru

Then there is no UK tax as s.2(1) is still rock solid! The DTA override is irrelevant.

ok thanks

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