Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Inheritance Tax Act 1984

CHAPTER I GENERAL

  • Section 160 Market value.
  • Section 161 Related property.
  • Section 162 Liabilities.
  • Section 162A Liabilities attributable to financing excluded property
  • Section 162AA Liabilities attributable to financing non-residents' foreign currency accounts
  • Section 162B Liabilities attributable to financing certain relievable property
  • Section 162C Sections 162A, 162AA and 162B: supplementary provision
  • Section 163 Restriction on freedom to dispose.
  • Section 164 Transferor’s expenses.
  • Section 165 Tax on capital gains.
  • Section 166 Creditors’ rights.
  • Section 167 Life policies, etc.
  • Section 168 Unquoted shares and securities.
  • Section 169 Farm cottages.
  • Section 170 Leases for life, etc.
  1. Chapter I · GENERAL
  2. Tax on capital gains.

Section 165 | Tax on capital gains.

From legislation.gov.uk

(1)Where a chargeable transfer is or includes a disposal of an asset and on the disposal a gain accrues to the transferor for the purposes of the 1992 Act, then if—F1

(a)the whole or part of the gain is a chargeable gain or a development gain, and

(b)the whole or part of any capital gains tax or income tax chargeable on the gain is borne by the donee (within the meaning of section 282 of that Act),F1

the amount of the tax so borne shall be treated as reducing the value transfered by the chargeable transfer.

(2)Subsection (1) above shall not apply where the chargeable transfer is made under Part III of this Act and the gain accrues to the trustees of the settlement; but if in such a case any capital gains tax chargeable on the gain is borne by a person who becomes absolutely entitled to the settled property concerned, the amount of the tax so borne shall be treated as reducing the value transferred by the chargeable transfer.

(3)In any case where—

(a)payment of an amount of capital gains tax is postponed by virtue of Schedule 14 to the Finance Act 1984, and

(b)any of that capital gains tax becomes payable in accordance with paragraph 11 of that Schedule by reason of the receipt of a capital payment by a close relative of the beneficiary, as mentioned in sub-paragraph (3) of that paragraph, and

(c)all or part of the capital gains tax becoming so payable is paid by the close relative,

the payment by the close relative shall be treated for the purposes of this Act as made in satisfaction of a liability of his.

Notes

  1. F1

    Words in s. 165 substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 8(8) (with ss. 60, 101(1), 201(3)).

PreviousNext
PrivacyTerms