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Capital Gains Manual

CG38845P · Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on beneficiary of non-resident settlement – TCGA92/S87: Paragraph 126 elections - 'rebasing'

  • CG38845 · Paragraph 126 elections: time limit for making election
  • CG38850 · Paragraph 126 elections: how to make the election
  • CG38855 · Paragraph 126 elections: when does the election apply?
  • CG38860 · Paragraph 126 elections: what is the effect of the election?
  • CG38865 · Basic operation of FA08/Sch7/para126 - example
  • CG38870 · FA08/Sch7/para126(8) - relevant proportion is 0 - example
  • CG38875 · FA08/Sch7/para126 and section 13 TCGA
  • CG38880 · FA08/Sch7/para126 and section 13* gains - example
  • CG38885 · FA08/Sch7/para126 and section 13 losses - example
  • CG38890 · FA08/Sch7/para126 and transfers between settlements
  • CG38895 · Effect of FA08/Sch7/para126 on transfers between settlements - example
  • CG38900 · FA08/Sch7/para126 and transfers between settlements owning non-UK resident companies
  • CG38905 · FA08/Sch7/para126 elections and transfers of non-resident close companies - example
  1. Capital Gains Manual: Trusts and Capital Gains Tax: Non-resident trusts: Charge on beneficiary of non-resident settlement – TCGA92/S87: Paragraph 126 elections - 'rebasing': contents
  2. FA08/Sch7/para126(8) - relevant proportion is 0 - example

CG38870 | FA08/Sch7/para126(8) - relevant proportion is 0 - example

From HM Revenue & Customs · Capital Gains Manual

The facts are the same as that in example 22 year 2013-14 except for the 6 April 2008 value of the assets sold. This is £120,000.

The calculation is now:

-Held 06/04/2008Acquired after 06/04/2008Total
Gain£5,000£15,000£20,000
Disposal proceeds£70,000--
06/04/2008 value£120,000--
Loss£50,000--

The section 2(2) amount calculated using 6 April 2008 values is £15,000 - £50,000. This is restricted to 0 as a section 2(2) amount cannot be negative. Beneficiary Z is not liable to Capital Gains Tax on any of the £10,000 2013-14 gain ie £10,000 × 0 = 0. Z remains liable to Capital Gains Tax on the section 87 gain matched to the 2012-13 section 2(2) amount. As in example 22 this is £694.

Z’s capital payments for 2009-10 are still reduced to nil.

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