NRCGT & Disposal of Shares in Non-Resident Company

[XTO]

Hi All,

I have been scouring the web for information on the current NGCGT laws coming into play this April but cant seem find the answer on the treatment of disposals of shares in a non UK resident company in relation to NRCGT.

I understand that non resident companies if they dispose of the UK land are caught under NRCGT. But my question is based on the below scenarios: ( assume that property was sold at a gain)

Shareholder Mr. A own 100% of Company "A Limited" (which is an on shore entity) which owns a UK sited property.
Rather than the UK sited property being sold by Company A Ltd, Mr. A instead sells/ transfers his 100% shareholding in Comp A LTD to Mr. New. Therefore Mr. New is now the 100% shareholder of Comp A LTD.

Does NRCGT catch the disposal of a non resident shareholding on Company A Limited?

And what would the be answer in alternative if Mr. A is a UK resident/ or a non uk resident?

[maths]

I'm not sure that there isn't a bit of confusion here.

There are proposals to levy UK tax on non-UK resident companies who trade/develop UK Property located in the UK (whether or not there is in the UK a p/e.

There are already provisions under which a non-UK resident who sells a residential property located in the UK is subject to tax.

In your example A Ltd is UK resident and therefore within the UK tax net itself under basic rules.

If a non-UK resident individual shareholder in A Ltd sells shares in A Ltd no UK tax charge arises.