CG26505 - Arrival in and departure from UK: importance of establishing the correct 鈥榶ear of departure鈥� 2013-14 or later
With the introduction of the Statutory Residence Test certain new terms were introduced. These are detailed in CG26540.
Both the existing provisions of TCGA92/s10A* and the new provisions that were introduced alongside the Statutory Residence Test use the term 鈥榶ear of departure鈥� however its meaning in the provisions is different.
For simplicity these are differentiated in this part of the guidance as 鈥榥ew鈥� and 鈥榦ld鈥� S10A.
Under the 鈥榦ld鈥� S10A the definition of 鈥榶ear of departure鈥� can be found at CG26111 and for the 鈥榥ew鈥� S10A* see CG26540.
Where there is a year of departure of 2012-13 or an earlier year the old provisions (see CG26110+), 鈥榦ld鈥� S10A will continue to apply so gains of an intervening year would be assessed in the year of return.
Where there is a year of departure of 2013-14 or a later year the new provisions and the 鈥榥ew鈥� S10A* apply and gains would be assessed in the period of return.
If for an individual there is an overlap created by the 鈥榦ld鈥� and 鈥榥ew鈥� definitions of year of departure then the provisions of the 鈥榦ld鈥� s10A will continue to apply. See CG26506.
*This provision was re-written for disposals from 6 April 2019 see CG10150.