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Posted Sat, 09 Sep 2023 18:10:58 GMT by Cascat
I am a currently a non-resident UK citizen, resident in the US. I will be returning to the UK next year and will be a UK tax resident for the 2024-2025 tax year. Before I leave the US, I am trying to dispose of any investments I have that are not HMRC reporting funds, so the tax when I do sell will not to be subject to OIG. Since 2016 I have owned a US based ETF that was originally an HMRC non-reporting fund. In 2022, the ETF became a reporting fund. I have read in IFM13360 that IF I were a UK tax resident/payer during the transition from non-reporting fund to reporting fund, that I could elect to deem to have disposed of the fund and then rebought on the date it transitioned to a reporting fund, pay the tax due then, and then treat the gains going forward as HMRC reporting (and therefore capital gains not income). However I was not a UK tax resident on the date or year of the transition so this is not a declaration I could make or tax I would have had to have paid in that year. What would be the rule for this ETF, if I were to sell while UK resident and subject to UK tax, given that 1) I would sell whilst it was an HMRC reporting fund 2) the ETF would have been a reporting fund for the whole time I was a UK tax resident 3) The fund changed from non-reporting to reporting whilst I owned it, but before I became a UK tax resident, i.e. I bought and owned the ETF while it was a non-reporting fund, and it made significant gains while a non-reporting fund, but I was a non-UK resident for the entire time it was a non-reporting fund. Would all gains from the purchase in 2016 be subject to OIG tax, or as it was a reporting fund for the entire time I was a UK tax resident would it be considered normal capital gains?
Posted Mon, 18 Sep 2023 14:59:04 GMT by HMRC Admin 10 Response
Hi
In general terms, we can advise that the disposal of an interest in a reporting fund by a UK resident which was previously a non-reporting fund, and where an election under Regulation 48 of Statutory Instrument 2009/3001 hasn’t been made, will give rise to an offshore income gain (OIG) where the full gain would be subject to income tax as miscellaneous income.
(Offshore Funds, The Offshore Funds (Tax) Regulations 2009 and IFM13414 & Regulation 18).
We are unable to answer hypothetical questions and can only give general advise.  
You may wish to seek professional advice if you require a more details answer.

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