I3.740 POAT—territorial issues
POAT has territorial limitations and but for these limitations (covered below) it will apply to assets sited anywhere in the world.
Residence
FA 2004, Sch 15 does not apply in relation to any person for any year of assessment during which they are not resident in the UK1. The intention of this seems to be to exclude the non-UK resident from being a 'chargeable person' for pre-owned assets tax (POAT) purposes. POAT is an income tax charge and so not resident here means not resident for income tax purposes2. See E6.102A onwards for details of the statutory residence test.
Example 1
Mrs R, a UK resident, gifted £200,000 to her son, who used the money to purchase a villa in the south of France. Mrs R makes occasional use of the villa. The contribution condition is met during each period of occupation, and she will be liable to a pre-owned
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