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Access all documents on Non-resident CGT (NRCGT)

Non-resident CGT (NRCGT) meaning

What does Non-resident CGT (NRCGT) mean?
Non-resident CGT (NRCGT) describes, in UK tax practice, the capital gains tax charge that applied to disposals of UK residential property by persons not resident for UK tax purposes between 6 April 2015 and 5 April 2019. The regime was set out in UK tax legislation and commonly referred to as NRCGT in professional use. Key features included: a charge limited to gains accruing from 6 April 2015, with default rebasing to market value at 5 April 2015 and elections for time apportionment or computation over the whole ownership period; availability of certain reliefs (for example, principal private residence relief subject to stricter occupation tests for non-residents); and ring‑fencing and reporting rules. Disposals had to be reported to HMRC on an NRCGT return within 30 days of completion, with payment on account. From 6 April 2019 the NRCGT regime was replaced by a wider charge on non-residents’ direct and certain indirect disposals of all UK land (residential and commercial), with reporting now via the UK property disposals return (currently a 60‑day deadline). Usage and effect are consistent across England & Wales, Scotland and Northern Ireland. The term is not used in Ireland, which has its own non‑resident CGT rules for disposals of...
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View the related Practice Notes about Non-resident CGT (NRCGT)

PRACTICE NOTES
UK CGT on Gifts: Market Value Rule, Spouses and Connected Persons, Hold-over Relief (TCGA 1992 ss 260 and 165), Business Assets, Non-Resident UK Property, Clawback, and Charity Transfers

Giving an asset away counts as a disposal for capital gains tax (CGT). This may, therefore, crystallise a CGT charge on any gain that is treated as having arisen. The general rule For CGT purposes, a gift is treated as a disposal for consideration equal to the asset’s market value. The recipient’s (donee or transferee’s) base cost is that market value. For details on the disposal value, see: Introductory guide to CGT. The same approach generally applies to any bargain not made at arm’s length, which can include a sale for less than full value, though not in every instance. Any gain arising on a gift or a sale at an undervalue is chargeable in the usual way, and losses are allowable in the normal manner. Gifts between spouses and civil partners A transfer to a spouse or civil partner will not give rise to any gain or loss, provided the couple are living together. The transferor is treated as making the disposal for an amount...

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PRACTICE NOTES
Leaving the UK: comprehensive tax planning for individuals: SRT, temporary non-residence, CGT/PPR/NRCGT, IHT from 2025, double tax relief, trusts and companies, compliance

This Practice Note sets out key tax pitfalls and planning opportunities for individuals departing the UK. It is a brief overview, and bespoke advice may be necessary for particular clients, especially where circumstances are complex. —key points to consider A tax-efficient exit from the UK demands thorough planning. Points to review include: the statutory residence test (SRT) temporary non-residence disposal of UK residential property domicile status double taxation compliance obligations UK pensions and investments residence of trusts and companies where taxpayer is a trustee/director/officer continuing tax obligations post-departure These matters can be depicted in the following diagram: Statutory residence test For anyone aiming to be non-UK resident after 5 April 2013, the statutory residence test (SRT) determines how many days may be spent in the UK without being treated as UK-resident. For information on the SRT, see the following Practice Notes: Residence after 5 April 2013 The statutory...

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PRACTICE NOTES
Private Client Glossary (England and Wales): Wills, Probate, Trusts, Capacity and UK Taxation

Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...

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