SCHEDULES

SCHEDULE 8Deemed domicile: income tax and capital gains tax

PART 3Capital gains tax rebasing

41

1

This paragraph applies to the disposal of an asset by an individual (“P”) where—

a

the asset was held by P on 5 April 2017,

b

the disposal is made on or after 6 April 2017,

c

the asset was not situated in the United Kingdom at any time in the relevant period, and

d

P is a qualifying individual.

2

The relevant period is the period which—

a

begins with 16 March 2016 or, if later, the date on which P acquired the asset, and

b

ends with 5 April 2017.

3

P is a qualifying individual if—

a

section 809H of ITA 2007 (claim for remittance basis by long-term UK resident: charge) applied in relation to P for any tax year before the tax year 2017-18,

b

P is not an individual—

i

who was born in the United Kingdom, and

ii

whose domicile of origin was in the United Kingdom,

c

P was not domiciled in the United Kingdom at any time in a relevant tax year, and

d

P met condition B in section 835BA of ITA 2007 in relation to each relevant tax year.

4

The relevant tax years are—

a

the tax year 2017-18, and

b

if the disposal was made after that tax year, all subsequent tax years up to and including that in which the disposal was made.

5

In computing, for the purpose of TCGA 1992, the gain or loss accruing on the disposal, it is to be assumed that P acquired the asset on 5 April 2017 for a consideration equal to its market value on that date.

6

Sub-paragraph (5) applies notwithstanding section 58(1) of TCGA 1992 (disposals between spouses).

7

Where under section 127 of TCGA 1992 (including that section as applied by sections 132, 135 and 136 of that Act) an original and a new holding of shares or other securities are treated as the same asset, the condition in sub-paragraph (1)(c) applies to both the original and the new holding.

8

This Part of this Schedule has effect as if it were included in TCGA 1992.