Taxation (International and Other Provisions) Act 2010 Schedule 6 Part 2

New Part 7A of TCGA 1992 (paragraphs 24–33)

Schedule 6 Part 2 inserts a new Part 7A into the Taxation of Chargeable Gains Act 1992, establishing who counts as the UK representative of a non-UK resident for capital gains tax purposes and setting out the obligations, liabilities and protections that flow from that status.

• A UK branch or agency through which a non-UK resident trades is treated as that person's UK representative for capital gains tax on disposals connected with the branch or agency, mirroring the income tax position under ITA 2007
• Where the non-UK resident trades in partnership, the branch or agency (or, if any partner is UK-resident, the partnership itself) is treated as the UK representative, making all partners jointly liable for the non-UK resident's capital gains tax
• The UK representative shares the non-UK resident's tax obligations — including filing, assessment and payment — but is protected from criminal liability unless personally at fault, and an independent agent need only provide information so far as practicable
• An independent agent acting as UK representative is entitled to be indemnified by the non-UK resident and may retain sums otherwise due to the non-UK resident to cover any tax liabilities discharged on the non-UK resident's behalf

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