Taxation of Chargeable Gains Act 1992

[F1 1H The main rates of CGT U.K.

(1) This section makes provision about the rates at which capital gains tax is charged but has effect subject to—

(a) section 169N ([F2 business asset disposal relief]: rate of 10%), and

(b) section 169VC (investors' relief: rate of 10%).

(2) Chargeable gains accruing in a tax year to an individual that are—

(a) residential property gains (see Schedule 1B), or

(b) carried interest gains (see subsections (9) to (11)),

are charged to capital gains tax at a rate of 18% or 28%.

(3) Other chargeable gains accruing in a tax year to an individual are charged to capital gains tax at a rate of 10% or 20%.

(4) The question as to which of the rates applies to the gains concerned is determined by section 1I (income taxed at higher rates or gains exceeding unused basic rate band).

(5) Chargeable gains accruing in a tax year to the personal representatives of a deceased individual that are—

(a) residential property gains, or

(b) carried interest gains,

are charged to capital gains tax at a rate of 28%.

(6) Other chargeable gains accruing in a tax year to the personal representatives of a deceased individual are charged to capital gains tax at a rate of 20%.

(7) Residential property gains accruing in a tax year to the trustees of a settlement are charged to capital gains tax at a rate of 28%.

(8) Other chargeable gains accruing in a tax year to the trustees of a settlement are charged to capital gains tax at a rate of 20%.

(9) For the purposes of this section chargeable gains are “carried interest gains” if they accrue to an individual (“X”)—

(a) under section 103KA(2) or (3) (investment management services), F3 ...

[F4 (aa) under section 103KFA(3) (gains on deemed carried interest where election made), or]

(b) as a result of carried interest arising to X under arrangements not involving a partnership under which X performs investment management services directly or indirectly in respect of an investment scheme.

(10) A gain is not a carried interest gain under subsection (9)(b) if the carried interest constitutes a co-investment repayment or return.

(11) Expressions used in subsection (9) or (10) have the same meaning as they have in Chapter 5 of Part 3.]

Textual Amendments

F1 Pt. 1 substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 2

F2 Words in Act substituted (with effect for the tax year 2020-21 and subsequent tax years) by Finance Act 2020 (c. 14), Sch. 3 paras. 7(2)(a), 8 (with Sch. 3 para. 7(3))

F3 Word in s. 1H(9)(a) omitted (11.7.2023) (with effect for the tax year 2022-23 and subsequent tax years) by virtue of Finance (No. 2) Act 2023 (c. 30), s. 42(3)(a)(4)

F4 S. 1H(9)(aa) inserted (with effect for the tax year 2022-23 and subsequent tax years) by Finance (No. 2) Act 2023 (c. 30), s. 42(3)(b)(4)