PART 2THE TREATMENT OF PARTICIPANTS IN NON-REPORTING FUNDS

CHAPTER 5OFFSHORE INCOME GAINS AND THE COMPUTATION OF OFFSHORE INCOME GAINS

Earlier disposal to which the no gain/no loss basis applies40

1

This regulation applies if—

a

a participant is chargeable to corporation tax, and

b

the amount of any chargeable gain or allowable loss which would arise on the disposal would fall to be computed in a way which, in whole or in part, would take account of the indexation allowance on an earlier disposal to which section 56(2) of TCGA 199226 (disposals on a no gain/no loss basis) applies.

2

The basic gain on the disposal is computed as if—

a

no indexation allowance had been available on any such earlier disposal, and

b

subject to that, neither a gain nor a loss had arisen to the person making such an earlier disposal.