CGT whilst working overseas

[garrod]

If a person has non dom status and working overseas in a non EEC country, is it possible to claim your backdated yearly CGT allowance on shares sold each year whilst working abroad upon return to this country, after working 3.5 years abroad?
Thanks for the help,
Garrod

[maths]

If you claim remittance basis treatment for a tax year you are not entitled to the CGT allowance for that tax year; if no such claim is lodged then entitlement applies.

If you have become non-UK resident whilst working abroad your liability to CGT on asset disposals made whilst non-resident will depend upon whether you fall within the anti-avoidance provision which applies to those who are non-resident for less than 5 complete ax years (assuming that prior to departure you had also been UK resident for at least 4 out of the previous 7 tax years).

If you do fall within the provision any CGT lability arises in the tax year of return and thus only one CGT allowance is available ie any capital gains arising on certain disposals within the earlier 3.5 tax years are taxed in the year of return not in those particular tax years separately.