Part II General Provisions relating to computation of gains and acquisitions and disposals of assets

Chapter II Assets and disposals of assets

General provisions

25 Non-residents: deemed disposals.

1

Where an asset ceases by virtue of becoming situated outside the United Kingdom to be a chargeable asset in relation to a person, he shall be deemed for all purposes of this Act—

a

to have disposed of the asset immediately before the time when it became situated outside the United Kingdom, and

b

immediately to have reacquired it,

at its market value at that time.

C12

Subsection (1) above does not apply—

a

where the asset becomes situated outside the United Kingdom contemporaneously with the person there mentioned ceasing to carry on a trade in the United Kingdom through a branch or agency, or

b

where the asset is an exploration or exploitation asset.

C13

Where an asset ceases to be a chargeable asset in relation to a person by virtue of his ceasing to carry on a trade in the United Kingdom through a branch or agency, he shall be deemed for all purposes of this Act—

a

to have disposed of the asset immediately before the time when he ceased to carry on the trade in the United Kingdom through a branch or agency, and

b

immediately to have reacquired it,

at its market value at that time.

F13A

Subsection (3) above shall not apply if—

a

the person ceasing to carry on the trade is a company, and

b

the trade is transferred to another company in circumstances in which section 139 or 171 applies in relation to the assets transferred.

F24

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C15

Subsection (3) above does not apply to an asset which is a chargeable asset in relation to the person there mentioned at any time after he ceases to carry on the trade in the United Kingdom through a branch or agency and before the end of the chargeable period in which he does so.

6

In this section—

  • exploration or exploitation asset” means an asset used in connection with exploration or exploitation activities carried on in the United Kingdom or a designated area, and

  • designated area” and “exploration or exploitation activities” have the same meanings as in section 276.

7

For the purposes of this section an asset is at any time a chargeable asset in relation to a person if, were it to be disposed of at that time, any chargeable gains accruing to him on the disposal—

a

would be gains in respect of which he would be chargeable to capital gains tax under section 10(1), or

b

would form part of his chargeable profits for corporation tax purposes by virtue of section F310B.

8

This section shall apply as if references to a trade included references to a profession or vocation.