SCHEDULES
SCHEDULE 45Statutory residence test
PART 3Split year treatment
Special charging rules for capital gains
93
1
Section 2 (persons and gains chargeable to capital gains tax, and allowable losses) is amended as follows.
2
After subsection (1A) (inserted by Schedule 46 to this Act) insert—
1B
If the year is a split year as respects an individual, the individual is not chargeable to capital gains tax in respect of any chargeable gains accruing to the individual in the overseas part of that year.
1C
But subsection (1B)—
a
does not apply to chargeable gains in respect of which the individual would have been chargeable to capital gains tax under section 10, had the individual been not resident in the UK for the year, and
b
is without prejudice to section 10A.
3
In subsection (2)—
a
after “the year of assessment” insert “
or, where subsection (1B) applies, the UK part of that year
”
, and
b
in paragraph (a), after “that year of assessment” insert “
or that part (as the case may be)
”
.