Taxation of Chargeable Gains Act 1992 section 188D

Person chargeable to capital gains tax on NRCGT gains accruing to members of an NRCGT group

Section 188D established which person within a non-resident capital gains tax (NRCGT) group was liable to pay capital gains tax on NRCGT gains arising from disposals of UK property by group members. This section has now been repealed.

• Section 188D was part of a suite of provisions (sections 188A–188K) introduced by the Finance Act 2015 to tax gains made by non-UK residents on disposals of UK property from 6 April 2015 onwards.
• The section dealt specifically with identifying which person within an NRCGT group structure was chargeable to capital gains tax when NRCGT gains accrued to members of that group.
• The entire set of provisions (sections 188A–188K) was removed from the legislation by the Finance Act 2019 as part of a broader reform of how non-UK residents are taxed on UK property gains.
• The repeal took effect for capital gains tax purposes from the 2019–20 tax year, and for corporation tax purposes for accounting periods beginning on or after 6 April 2019.

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