Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Gain definition

What does Gain mean? In legal practice, gain refers to a benefit or advantage obtained by a person, typically economic, and is not limited to commercial profit. In criminal law it is often defined by statute. For example, in England and Wales and Northern Ireland the Theft Act 1968 and the Fraud Act 2006, and in Ireland the Criminal Justice (Theft and Fraud Offences) Act 2001, construe gain (and loss) as relating to money or other property, whether temporary or permanent, and include keeping what one has as well as getting what one has not. The term commonly appears in offences involving dishonesty, fraud, false...

Non-residents’ chargeable gains on UK land: direct and indirect disposals, property-rich entities and CIVs, rebasing, compliance and FA 2026 updates

Published by a LexisNexis Tax expert

Practice notes

Stop Press : Finance Act 2026 (FA 2026) makes two changes to the non-resident capital Gains tax rules.

FA 2026, s 40 clarifies that, for TCGA 1992, Sch 1AA purposes-namely whether an asset derives at least 75% of its value from UK land and whether the disposer has a substantial indirect interest in UK land-every cell within a protected cell company (PCC) is to be treated as a standalone company. This applies to disposals occurring on and after 26 November 2025.
FA 2026, s 41 provides that where (i) a company or individual disposes of an asset deriving at least 75% of its value from UK land, (ii) the disposal has an ‘appropriate connection’ to a collective investment vehicle (CIV) (as defined in TCGA 1992, Sch 5AAA, para 6), and (iii) the gain is exempt under a double taxation treaty, the company or individual need not submit a claim for double tax treaty relief under TIOPA 2010, s 6(2)(a) or (3)(a) for that disposal.

Background

On 6 July 2018, the government released draft legislation...

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Web page updated on 27/05/2026

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