Skip to content
Solved
SearchBrowse
Sign in

Contents

Official guidance
Capital Gains Manual

CG38730P · Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on beneficiary of non-resident settlement – TCGA92/S87: Years before 2008-09

  • CG38730 · Years before 2008-09 - outline
  • CG38735 · Years before 2008-09 - unmatched trustees’ gains
  • CG38740 · Years before 2008-09 - unmatched trustees’ gains - example
  • CG38745 · Years before 2008-09 - unmatched capital payments
  • CG38750 · Years before 2008-09 - unmatched capital payments - example 1
  • CG38755 · Years before 2008-09 - unmatched capital payments - example 2
  • CG38760 · Matching: non-UK domiciled beneficiaries - events before 2008-09
  • CG38765 · Matching: non-UK domiciled beneficiary - unmatched capital payment for year before 2008 - 09 - example
  • CG38770 · Matching: non-UK domiciled beneficiary - unmatched section 2(2) amount for year before 2008 - 09 - example
  • CG38775 · Matching: non-UK domiciled beneficiary - capital payments received 12 March to 5 April 2008
  1. Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on beneficiary of non-resident settlement – TCGA92/S87: Years before 2008-09: contents
  2. Years before 2008-09 - unmatched capital payments - example 2

CG38755 | Years before 2008-09 - unmatched capital payments - example 2

From HM Revenue & Customs · Capital Gains Manual

FA08/Sch07/para122(3)

Year-BeneficiaryAmount
2005-06Capital payments receivedBeneficiary A£16,000
-Trustees’ gains (section 2(2) amount)-£2,500
2007-08Capital payments receivedBeneficiary A£10,000
--Beneficiary B£8,000
-Trustees’ gains (section 2(2) amount)-£13,000
2008-09Section 2(2) amount-£20,000

In 2005-06 the trustees’ gains were £2,500. A section 87 gain of £2,500 accrued to beneficiary A. A’s unmatched capital payments were reduced to £13,500.

In 2007-08 A received a further capital payment of £10,000. A’s total unmatched capital payments were £23,500. B received a capital payment of £8,000. The trustees’ gains were £13,000. A section 87 gains of £9,698 accrued to A (£13,000 x £23,500/£31,500). A section 87 gain of £3,302 accrued to B (£13,000 x £8,000/£31,500). A’s unmatched capital payments were reduced to £13,802 (£23,500 - £9,698). B’s unmatched capital payments were reduced to £4,698 (£8,000 - £3,302).

The conditions for FA08/Sch07/para122(3) are satisfied:

  1. Chargeable gains accrued in 2007-08.

  2. Capital payments from 2005-06 and 2007-08 are used for the purposes of determining those gains. The capital payment received by A in 2005-06 affects the 2007-08 section 87 gain accruing to both A and B.

  3. The amount of the chargeable gains £13,000 is less than the total of the capital payments £34,000 used to determine the gain.

Paragraph 122(3) matches the 2007-08 gains first against the unmatched capital payments received in 2005-06. In 2005-06 A’s unmatched capital payments were £13,500. The 2007-08 gains of £13,000 are matched first against those payments reducing the unmatched capital payments to £500. A’s total unmatched capital payments in 2007-08 are allocated £13,302 from 2007-08 and £500 from 2005-06.

PreviousNext
PrivacyTerms