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Posted Fri, 04 Nov 2022 09:13:02 GMT by Sultan Mohammad
Hello I understand that if a British citizen returns to the UK before 5 years (https://www.gov.uk/tax-return-uk) you are classed as temporary non resident and therefore have tax liabilities on certain income and gains. Therefore is a British citizen (who does not return before 5 years) subject to any capital gains tax on shares held in the UK if those gains are realised after 5 years of non residency in the UK? Thank you
Posted Tue, 08 Nov 2022 16:07:18 GMT by HMRC Admin 32
Hi,

We are unable to confirm if you would be subject to tax. We can only point you in the right direction, to allow you to make an informed decision.

If you return to the UK within 5 years and were resident in the UK for 4 of the previous 7 years before you moved abroad, then you meet the criteria for temporary non residence. You may have to pay tax on certain income or gains.

Have a look at chapter 6 of the Statutory Residence Test.

RDR3: Statutory Residence Test (SRT) notes

Thank you.

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