SCHEDULES

SCHEDULE 46Ordinary residence

PART 3Capital gains tax: accruals basis of taxation

TCGA 1992

75

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 met ”.

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.