Taxation of Chargeable Gains Act 1992

[F1 16ZB Individual who has made election under section 16ZA: foreign chargeable gains remitted in tax year after tax year in which accrue U.K.

(1) This section applies to an individual for a tax year (“the applicable tax year”) if—

[F2 (a) the individual has made an election under section 16ZA in respect of a tax year before the applicable year,

(aa) the election has effect in relation to the individual for the applicable year,

(b) foreign chargeable gains accrued to the individual in or after the tax year in respect of which the election was made but before the applicable year, and]

(c) by reason of the remission of any of the foreign chargeable gains to the United Kingdom, chargeable gains are treated under section 12 as accruing to the individual in the applicable tax year [F3 or a part of the applicable tax year] (“the relevant gains”).

(2) Section 2(2) or (4) has effect for the applicable tax year as if the relevant gains had not accrued.

(3) The amount on which the individual is charged to capital gains tax for the applicable tax year is (instead of the amount given by section 2(2) or (4)(b), as reduced under section 3) the sum of—

(a) the adjusted taxable amount, and

(b) the amount of the relevant gains.

(4) “The adjusted taxable amount” is—

(a) if section 3(1) (annual exempt amount) does not apply to the individual for the applicable tax year, the amount given by section 2(2) or (4)(b) as it has effect by virtue of subsection (2), and

(b) otherwise, so much of that amount as exceeds the exempt amount for the applicable tax year (within the meaning of section 3).

(5) In subsection (1) “foreign chargeable gains” has the meaning given by section 12(4).

(6) For the purposes of subsection (1)(c) foreign chargeable gains are remitted to the United Kingdom if they are regarded as so remitted for the purposes of section 12.]

Textual Amendments

F1 Ss. 16ZA-16ZD inserted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 62

F2 S. 16ZB(1)(a)(aa)(b) substituted for s. 16ZB(1)(a)(b) (with effect in accordance with Sch. 8 para. 4(2) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 8 para. 4(1)

F3 Words in s. 16ZB(1)(c) inserted (with effect in accordance with Sch. 45 para. 153(2) of the amending Act) by Finance Act 2013 (c. 29), Sch. 45 para. 98

Modifications etc. (not altering text)

C1 S. 16ZB excluded (with effect in accordance with Sch. 8 para. 3(4) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 8 para. 3(5)