Statutory Non Resident test and split year

Does the old rule about CGT on the year of return apply?

Didn't find your answer?

I recall that some years ago, a non-resident returing to the UK could in theory get caught for CGT on an asset disposed of in the tax year of return falling into the non-resident element of a split year.

I cant recall which bit of legislation this was.  Any pointers helpful.  Moreover is this now defunct following the statutory non-residents test?

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By Tax Dragon
10th Jan 2020 12:38

TCGA 1992 s1M(1) (formerly s10A)?

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By Wanderer
10th Jan 2020 12:38

Not only the split year, also for years whilst non resident.
https://www.gov.uk/tax-return-uk

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By ireallyshouldknowthisbut
10th Jan 2020 14:33

Thanks both, it is a long term non-resident (10+ years), rather than a temporary one but it looks like the new rule has been ported across. I should point out I am doing some tax planning as opposed to adding up the past.

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Replying to ireallyshouldknowthisbut:
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By Tax Dragon
10th Jan 2020 15:09

You might also want to check out one of the 'D' ESCs.... was it ESC D2? Whatever, it was enacted IIRC when the SRT came in. ESCs were concessionary, so I guess HMRC could have refused to apply it in the old days to which you refer. They can't refuse to apply legislation. (I don't know where the new law is, but a decent commentary will surely point you to it, from the ESC.)

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