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Section 223A: Amount of relief: non-resident CGT disposals

Taxation of Chargeable Gains Act 1992 · 1992 c. 12View on legislation.gov.uk

Part VII: Other property, businesses, investments etc.

This section applies where—

the individual mentioned in section 223(1) ("P") acquired the asset to which the gain mentioned in section 222(1) is attributable before 6 April 2015, and
P's period of ownership for the purposes of section 223 begins on that date because of section 223(7)(b).

Times before 6 April 2015 are to be ignored in determining whether or not condition A in section 223 is met in relation to a period of absence, unless P elects that this subsection is not to apply in relation to the period.

An election under subsection (2)—

must specify which day before 6 April 2015 P relies on in relation to the period of absence for the purpose of meeting condition A in section 223, and
must be made in the return under Schedule 2 to the Finance Act 2019 in respect of the disposal.

Where P has made an election under subsection (2), section 223 applies as if relevant prior periods of absence counted against the maximum periods (and maximum aggregate periods) specified in subsection (3)(a), (c) and (d) of that section.

In relation to a maximum period (or maximum aggregate period) specified in paragraph (a), (c) or (d) of section 223(3), "relevant prior period of absence" means a period of absence which would have counted against that maximum period (or maximum aggregate period) if the bridge period were included in the period of ownership.

In subsection (5) "the bridge period" means the period beginning with the day specified in the election and ending with 5 April 2015.

In this section "period of absence" has the same meaning as in section 223.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.