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- Original (As enacted)
Taxation of Chargeable Gains Act 1992 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date.
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Part I Capital gains tax and corporation tax on chargeable gains
Part II General Provisions relating to computation of gains and acquisitions and disposals of assets
16ZB.Individual who has made election under section 16ZA: foreign chargeable gains remitted in tax year after tax year in which accrue
16ZC.Individual who has made election under section 16ZA and to whom remittance basis applies
17. Disposals and acquisitions treated as made at market value.
19. Deemed consideration in certain cases where assets disposed of in a series of transactions.
20. Original market value and aggregate market value for purposes of section 19.
Chapter II Assets and disposals of assets
23. Receipt of compensation and insurance money not treated as a disposal.
24. Disposals where assets lost or destroyed, or become of negligible value.
25A.Long funding leases of plant or machinery: deemed disposals
27. Disposals in cases of hire-purchase and similar transactions.
28. Time of disposal and acquisition where asset disposed of under contract.
Chapter 5 Computation of gains and losses: relevant high value disposals
Part III Individuals, partnerships, trusts and collective investment schemes etc
68C.Variation of will or intestacy, etc: identification of settlor
71. Person becoming absolutely entitled to settled property.
72. Termination of life interest on death of person entitled.
74. Effect on sections 72 and 73 of relief under section 165 or 260.
76A. Disposal of interest in settled property: deemed disposal of underlying assets.
76B. Transfers of value by trustees linked with trustee borrowing.
79B. Attribution to trustees of gains of non-resident companies.
Migration of settlements, non-resident settlements and dual resident settlements
83A.Trustees both resident and non-resident in a year of assessment
85A.Transfers of value: attribution of gains to beneficiaries and treatment of losses
86. Attribution of gains to settlors with interest in non-resident or dual resident settlements.
87.Non-UK resident settlements: attribution of gains to beneficiaries
87C.Sections 87 and 87A: disregard of certain capital payments
90A.Section 90: transfers made for consideration in money or money's worth
94. Transfers of settled property where qualifying amounts not wholly matched.
98. Power to obtain information for purposes of sections 87 to 90.
Chapter III Collective investment schemes and investment trusts etc
Chapter 4 Collective investment schemes: exchanges, mergers and schemes of reconstruction
Part IV Shares, securities, options etc.
Share pooling, identification of securities, and indexation
105. Disposal on or before day of acquisition of shares and other unidentified assets.
105A. Shares acquired on same day: election for alternative treatment
106. Disposal of shares and securities by company within prescribed period of acquisition.
107. Identification of securities etc: general rules for corporation tax.
108. Identification of relevant securities for corporation tax.
110. Indexation for section 104 holdings for corporation tax.
110A. Indexation for section 104 holdings: capital gains tax.
Gilt-edged securities and qualifying corporate bonds
115. Exemptions for gilt-edged securities and qualifying corporate bonds etc.
116A.Holding beginning or ceasing to fall within section 490 of CTA 2009
116B.Shares beginning or ceasing to be shares to which section 521B of CTA 2009 applies
117A. Assets that are not qualifying corporate bonds for corporation tax purposes.
117B. Holdings in unit trusts and offshore funds excluded from treatment as qualifying corporate bonds.
Deep discount securities, the accrued income scheme etc.
118. Amount to be treated as consideration on disposal of deep discount securities etc.
119. Transfers of securities subject to the accrued income scheme.
119A.Increase in expenditure by reference to tax charged in relation to employment-related securities
120. Increase in expenditure by reference to tax charged in relation to shares etc.
Chapter II Reorganisation of share capital, conversion of securities etc.
Chapter III Miscellaneous provisions relating to commodities, futures, options and other securities
143. Commodity and financial futures and qualifying options.
144ZA.Application of market value rule in case of exercise of option
144ZD.Section 144ZB: alteration of value to obtain tax advantage
148B.Deemed disposals at a gain under section 564(4) of ITTOIA 2005
148C.Deemed disposals at a loss under section 564(4) of ITTOIA 2005
149AA.Restricted and convertible employment-related securities and employee shareholder shares
149B. Employee incentive schemes: conditional interests in shares.
150B. Enterprise investment scheme: reduction of EIS relief.
150D. Enterprise investment scheme: application of taper relief
151BA.CITR: identification of securities or shares on a disposal
151C.Strips: manipulation of price: associated payment giving rise to loss
151D.Corporate strips: manipulation of price: associated payment giving rise to loss
151E.Exchange gains and losses from loan relationships: regulations
151G.Regulations where non-qualifying shares conditions altered
Chapter 4 Alternative finance arrangements
Part V Transfer of business assets
Part VI Companies, oil, insurance etc.
178. Company ceasing to be member of group: pre-appointed day cases.
179. Company ceasing to be member of group: post-appointed day cases.
179ZA.Claim for adjustment of calculations under section 179
179A. Reallocation within group of gain or loss accruing under section 179
181. Exemption from charge under 178 or 179 in the case of certain mergers.
Restriction on indexation allowance for groups and associated companies
Restrictions on buying losses or gains etc
184C.Sections 184A and 184B: meaning of “qualifying change of ownership”
184E.Sections 184A and 184B: “pre-change assets”: basic rules
184F.Sections 184A and 184B: “pre-change assets”: pooling rules
184G.Avoidance involving losses: schemes converting income to capital
184H.Avoidance involving losses: schemes securing deductions
Non-resident and dual resident companies
185. Deemed disposal of assets on company ceasing to be resident in U.K.
186. Deemed disposal of assets on company ceasing to be liable to U.K. taxation.
187. Postponement of charge on deemed disposal under section 185 or 186.
187A.Deemed disposal under section 185: ATED-related gains and losses
188. Dual resident companies: deemed disposal of certain assets.
Chapter II Oil and mining industries
Oil exploration and exploitation
193. Roll-over relief not available for gains on oil licences.
194. Disposals of oil licences relating to undeveloped areas.
195D.Company that receives mixed consideration: N does not exceed C
197. Disposals of interests in oil fields etc: ring fence provisions.
198. Replacement of business assets used in connection with oil fields.
198A.Ring fence reinvestment: whole consideration reinvested
198B.Ring fence reinvestment: part of consideration reinvested
200. Limitation of losses on disposal of oil industry assets held on 31st March 1982.
210B.Disposal and acquisition of section 119 or 120 securities
210C.Losses on disposal of authorised investment fund assets to connected manager
211A. Gains of insurance company from venture capital investment partnership
211B.Transfers of assets to certain collective investment schemes
213A.Power to modify ss. 212 and 213 etc in case of CFCs that are offshore funds
214B.Modification of Act in relation to overseas life insurance companies.
Part VII Other property, businesses, investments etc.
Employee share ownership trusts
236C.Only first £50,000 of shares under associated agreements to be exempt
236D.Shares not exempt if shareholder or connected person has material interest in company
236F.Reorganisation of share capital involving employee shareholder shares
236G.Relinquishment of employment rights is not disposal of an asset
236L.Cases in which all-employee benefit requirement treated as met
236O.No section 236H relief if disqualifying event in next tax year
236P.Events which trigger deemed disposal and reacquisition by trustees
236R.No section 236Q relief if disqualifying event in next tax year
236S.Identification of shares where section 236H or 236Q applies
236T.Further provision about significant and controlling interests
Superannuation funds, profit sharing schemes, employee trusts etc.
Deduction of trading losses or post-cessation expenditure etc
Miscellaneous reliefs and exemptions
263AZA.Renewables obligation certificates for domestic microgeneration
263A. Agreements for sale and repurchase of securities: capital gains tax
263D.Gains accruing to persons paying manufactured dividends
263F.Power to modify repo provisions: non-standard repo cases
263G.Power to modify repo provisions: redemption arrangements
264. Relief for local constituency associations of political parties on reorganisation of constituencies.
SCHEDULES
Period for which an asset is held and relevant period of ownership
Cases where an asset is used at the same time for different purposes
Periods of limited exposure to fluctuations in value not to count
Periods of share ownership not to count where there is a change of activity by the company
Periods of share ownership not to count if company is not active
Periods of share ownership not to count in a case of value shifting
Special rules for assets transferred between spouses or civil partners
Special rules for assets acquired in the reconstruction of mutual businesses et ceteralaetc.
Application of exempt amount and reporting limits in cases involving settled property
Assets held on 31st March 1982
Deferred charges on gains before 31st March 1982
1.The trustees of a settlement (the “principal settlement”) may elect...
2.(1) An election under paragraph 1 (a “sub-fund election”) must...
4.Condition 1 is that the principal settlement is not itself...
6.Condition 3 is that, if the sub-fund election had taken...
7.For the purpose of Condition 3— (a) section 104(1) shall...
8.Condition 4 is that, if the sub-fund election had taken...
Consequences of a sub-fund election
17.The sub-fund settlement shall be treated, for the purposes of...
19.The trustees of the sub-fund settlement shall be treated for...
20.(1) A deemed disposal by the trustees of the principal...
21.If the trustees of the sub-fund settlement are treated by...
22.(1) If the trustees of the principal settlement are deemed...
Disposal of interest in settled property: deemed disposal of underlying assets
Transfers of value by trustees linked with trustee borrowing
Transfers of value: attribution of gains to beneficiaries
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gains to be brought into pool on subsequent transfer of value
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attribution of gains: Schedule 4C pool gains and other gains
Effect of settlement ceasing to exist after transfer of value
Attribution of gains to settlors with interest in non-resident or dual resident settlement
Meaning of “scheme of reconstruction”
Enterprise investment scheme: application of taper relief
Venture capital trusts: deferred charge on re-investment
Roll-over of degrouping charge: modification of enactments
Exemptions for disposals by companies with substantial shareholding
Part 3 Requirements to be met in relation to investing company and company invested in
Gains of insurance company from venture capital investment partnership
Modification of Act in relation to overseas life insurance companies
Relief for transfers to Schedule 2 share plans
Hold-over relief for gains re-invested in social enterprises
Transitional provisions and savings
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