Section 1A Territorial scopeF1

(1)

A person who is UK resident for a tax year is chargeable to capital gains tax on chargeable gains accruing to the person in the tax year on the disposal of assets wherever situated.

(2)

In the case of individuals who are UK resident for a tax year, see also—

(F2za)

Schedule D1 (relief for new residents on foreign gains),

(a)

Schedule 1 (foreign gains accruing to individuals to whom the remittance basis F3applied),

(b)

section 1G (cases where the tax year is a split year),

(c)

sections 1M and 1N (temporary periods of non-residence),

(d)

Chapter 3 (gains of non-UK resident close companies attributed to individuals), and

(e)

sections 86, 87, F4... and 89(2) (gains of non-UK resident trustees attributed to individuals).

(3)

A person who is not UK resident for a tax year is chargeable to capital gains tax on chargeable gains accruing to the person in the tax year on the disposal of—

(a)

assets situated in the United Kingdom that have a relevant connection to the person's UK branch or agency and are disposed of at a time when the person has that branch or agency (see section 1B),

(b)

assets not within paragraph (a) that are interests in UK land (see section 1C), and

(c)

assets (wherever situated) not within paragraph (a) or (b) that derive at least 75% of their value from UK land where the person has a substantial indirect interest in that land (see section 1D and Schedule 1A).

(4)

For the purposes of this Chapter a person is “UK resident” for a tax year if the person is resident in the United Kingdom during any part of the tax year.

(5)

For the relevant residence rules—

(a)

in the case of individuals, see Schedule 45 to the Finance Act 2013 (which provides that individuals meeting the applicable tests for a tax year are taken to be resident for the whole of the year),

(b)

in the case of the personal representatives of deceased individuals, see section 62(3), and

(c)

in the case of trustees of settlements, see section 69.

Annotations

Textual amendments

F1: Pt. 1 substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 2
F2: S. 1A(2)(za) inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 39(3)(11)
F3: Word in s. 1A(2)(a) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), s. 40(4), Sch. 9 para. 2(2)
F4: Words in s. 1A(2)(e) omitted (for the tax year 2025-26 and subsequent tax years) by virtue of Finance Act 2025 (c. 8), Sch. 12 paras. 52, 70(1)