Part 3 Capital Gains Tax: Accruals Basis of Taxation

Part 3 Capital Gains Tax: Accruals Basis of Taxation

TCGA 1992

74

TCGA 1992 is amended as follows.

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(1)     Section 2 (persons and gains chargeable to capital gains tax, and allowable losses) is amended as follows.

(2)     In subsection (1), for the words from “during any part†to the end substitute “if the residence condition is metâ€.

(3)     After that subsection insert—

“(1A)     The residence condition is—

(a)     in the case of an individual, that the individual is resident in the United Kingdom for the year in question,

(b)     in the case of personal representatives of a deceased person, that the single and continuing body mentioned in section 62(3) is resident in the United Kingdom,

(c)     in the case of the trustees of a settlement, that the single person mentioned in section 69(1) is resident in the United Kingdom during any part of the year in question, and

(d)     in any other case, that the person is resident in the United Kingdom when the gain accrues.â€

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In section 10 (non-resident with United Kingdom branch or agency), in subsection (1), for “in which he is not resident and not ordinarily resident in the United

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