Section 83A — Taxation of Chargeable Gains Act 1992: Trustees both resident and non-resident in a year of assessment

Trustees both resident and non-resident in a year of assessment 83A 1 This section applies if a chargeable gain accrues to the trustees of a settlement on the disposal by them of an asset in a year of assessment and the trustees—

a are within the charge to capital gains tax in that year of assessment, but b are non-UK resident at the time of the disposal.

2 Where this section applies, nothing in any double taxation relief arrangements shall be read as preventing the trustees from being chargeable to capital gains tax (or as preventing a charge to tax arising, whether or not on the trustees) by virtue of the accrual of that gain.

3 For the purposes of this section the trustees of a settlement are within the charge to capital gains tax in a year of assessment—

a if, during any part of that year of assessment, they are resident ... in the United Kingdom and not Treaty non-resident, ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 For the purposes of this section the trustees of a settlement are non-UK resident at a particular time if, at that time,—

a they are not resident in the United Kingdom, or b they are resident ... in the United Kingdom but are Treaty non-resident. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .