Taxation of Chargeable Gains Act 1992 Schedule 4ZZB paragraphs 16–19

Amount of gain or loss that is neither ATED-related nor an NRCGT gain or loss

Paragraphs 16 to 19 of Schedule 4ZZB set out how to calculate the portion of a chargeable gain or allowable loss on a property disposal that falls outside both the ATED-related gains regime and the non-resident capital gains tax (NRCGT) regime — in other words, the "residual" or general CGT element.

• Where a disposal gives rise to both an ATED-related gain or loss and an NRCGT gain or loss, the residual amount is the total gain or loss minus those two components.
• Where there is an ATED-related element but no NRCGT element, the residual amount is the total gain or loss minus the ATED-related amount alone.
• Where there is an NRCGT element but no ATED-related element, the residual amount is the total gain or loss minus the NRCGT amount alone.
• These rules were introduced by Finance Act 2019 to ensure that the three possible components of a property gain or loss — ATED-related, NRCGT and residual — are correctly separated so each is taxed under the appropriate regime.

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