Taxation of Chargeable Gains Act 1992 section 83A

Trustees both resident and non-resident in a year of assessment

Section 83A deals with the capital gains tax position of settlement trustees who are UK resident for part of a tax year but non-UK resident at the time they dispose of an asset, ensuring that double taxation treaties cannot be used to escape a CGT charge in such circumstances.

• Applies where trustees make a disposal giving rise to a chargeable gain while non-UK resident, but are within the charge to CGT at some point during the same tax year
• Trustees are within the charge to CGT if they are UK resident and not Treaty non-resident during any part of the tax year
• Trustees are treated as non-UK resident at a given time if they are either not UK resident or are UK resident but Treaty non-resident at that time
• Double taxation relief arrangements cannot prevent a CGT charge arising on the gain, whether the charge falls on the trustees themselves or on another person