Taxation of Chargeable Gains Act 1992 section 223A

Amount of relief: non-resident CGT disposals

Section 223A provides a transitional rule for calculating private residence relief on disposals by non-resident individuals who acquired their property before 6 April 2015, specifically addressing how periods of absence from the property are treated.

• The section applies where a non-resident individual acquired the property before 6 April 2015 and their period of ownership for private residence relief purposes is treated as starting on that date
• By default, any periods of absence before 6 April 2015 are ignored when assessing whether the individual qualifies for absence relief — but the individual can elect to disapply this default treatment
• If the individual makes an election, they must specify the particular day before 6 April 2015 they are relying on and include the election in their CGT return under Schedule 2 to the Finance Act 2019
• Where an election is made, earlier periods of absence are counted against the maximum permitted absence periods, effectively reducing the amount of absence relief available for periods after 5 April 2015