Section 1A — Taxation of Chargeable Gains Act 1992: Territorial scope

Territorial scope 1A 1 A person who is UK resident for a tax year is chargeable to capital gains tax on chargeable gains accruing to the person in the tax year on the disposal of assets wherever situated.

2 In the case of individuals who are UK resident for a tax year, see also—

za Schedule D1 (relief for new residents on foreign gains), a Schedule 1 (foreign gains accruing to individuals to whom the remittance basis applied ),

b section 1G (cases where the tax year is a split year),

c sections 1M and 1N (temporary periods of non-residence),

d Chapter 3 (gains of non-UK resident close companies attributed to individuals),

and e sections 86, 87, ... and 89(2) (gains of non-UK resident trustees attributed to individuals).

3 A person who is not UK resident for a tax year is chargeable to capital gains tax on chargeable gains accruing to the person in the tax year on the disposal of—

a assets situated in the United Kingdom that have a relevant connection to the person's UK branch or agency and are disposed of at a time when the person has that branch or agency (see section 1B),

b assets not within paragraph (a) that are interests in UK land (see section 1C),

and c assets (wherever situated) not within paragraph (a) or (b) that derive at least 75% of their value from UK land where the person has a substantial indirect interest in that land (see section 1D and Schedule 1A).

4 For the purposes of this Chapter a person is “UK resident” for a tax year if the person is resident in the United Kingdom during any part of the tax year.

5 For the relevant residence rules—

a in the case of individuals, see Schedule 45 to the Finance Act 2013 (which provides that individuals meeting the applicable tests for a tax year are taken to be resident for the whole of the year),

b in the case of the personal representatives of deceased individuals, see section 62(3),

and c in the case of trustees of settlements, see section 69.