Emigration to avoid Capital gains tax ('CGT')

L J Hadnum -
Emigration to avoid Capital gains tax ('CGT') Avoiding UK CGT by leaving the UK is a popular tax planning measure. Successive budgets have come and gone and whilst there have been changes( eg a couple of years ago to the use of double tax treaties to avoid the five year requirement) by and large the same opportunities still apply. Of course there have been some changes (or more correctly clarifications) to the Revenues view on establishing non tax residence, but these will have only a negligible impact on emigration for CGT avoidance as you'd also need to establish non UK ordinary residence status in any case. This in itself will mean that for most people they'll either be looking at going overseas under a full time contract of employment or making the UK departure permanent (ie at least three years). Most people know about the five year requirement to avoid CGT although it's also worth noting that this won't apply in all cases. When you've ascertained the overseas tax position (ie you've avoided jumping out of the frying pan & into the fire!) the next issue issue to consider is timing. This is crucial to anyone looking to avoid CGT both in terms of UK and overseas taxes. Anyone planning on avoiding CGT via emigration needs to ensure they've considered all the bases -- which is where good professional advice comes in. For members I've put together a straightforward checklist for anyone looking to emigrate to avoid CGT -- Emigration to avoid CGT

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