CG25805 - Arrival in and departure from the UK: establishing the correct time when a gain arises

An individual intending to emigrate from the UK and dispose of assets may arrange his or her affairs so that although they have certainty or near-certainty that the sale will occur before their UK residence position changes, it appears that the disposal for tax purposes takes place after that date.

»Ê¹ÚÌåÓýappre are a number of circumstances in which Capital Gains Tax liability may arise notwithstanding that the date of disposal appears to be after the date of emigration. »Ê¹ÚÌåÓýappse are where it can be shown that

  • there was a binding agreement or contract for sale on or before the date their residence position changes
  • a business was carried on in the UK through a branch or agency in the period from the date of emigration to the date of disposal
  • an attempt has been made to use ESCD2 for tax avoidance (for years up to and including 2012-13).
  • »Ê¹ÚÌåÓýapp disposal falls in a period of temporary non residence see CG26100+.