INTM169050 | UK residents with foreign income or gains: capital gains tax: Not resident but “ordinarily resident”

A person who is not resident in the UK is chargeable to Capital Gains Tax on chargeable gains accruing to him in a year of assessment if he is ordinarily resident in the UK (TCGA92/S2) (a definition of this term is on GOV.UK.). Strictly, no foreign tax credit relief is due (either under a treaty or unilaterally), because the person concerned is not resident in the UK. If a claim to tax credit relief is made in these circumstances, the case should be submitted to CSTD, Business Assets & International, Assets Residence & Valuation.