Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Taxation of Chargeable Gains Act 1992

Chapter I Miscellaneous provisions

  • Section 58 Spouses and civil partners.
  • Section 59 Partnerships.
  • Section 59A Limited liability partnerships.
  • Section 59AA Limited liability partnerships: deemed disposal
  • Section 59B Alternative investment fund managers (1)
  • Section 59C Alternative investment managers (2)
  • Section 60 Nominees and bare trustees.
  • Section 61 Funds in court.
  • Section 62 Death: general provisions.
  • Section 63 Death: application of law in Scotland.
  • Section 63A Death: application of law in Northern Ireland
  • Section 64 Expenses in administration of estates and trusts.
  • Section 65 Liability for tax of trustees or personal representatives.
  • Section 66 Insolvents’ assets.
  • Section 67 Provisions applicable where section 79 of the Finance Act 1980 has applied.
  1. Chapter I · Miscellaneous provisions
  2. Alternative investment managers (2)

Section 59C | Alternative investment managers (2) F1

From legislation.gov.uk

(1)Subsection (2) applies if—

(a)under section 863I of ITTOIA 2005, a partner (“P”) in a partnership allocates to the partnership an amount of profit (“the allocated profit”) representing variable remuneration which, if it vests in P, will vest in the form of instruments,

(b)there is a disposal to P of instruments by a company which is a partner in the partnership,

(c)by virtue of that disposal the variable remuneration vests in P, and

(d)the company would, as a partner in the partnership, have been charged to tax on the allocated profit but for adjustments made in the case of the company under section 1264A(2) of CTA 2009 or section 850C(5) of ITTOIA 2005.

(2)Both the company and P are to be treated as if the instruments were acquired by P from the company for a consideration of an amount equal to the allocated profit net of the income tax for which the partnership is liable by virtue of section 863I of ITTOIA 2005 in respect of the allocated profit.

(3)Terms used in this section which are also used in section 863I or 863J of ITTOIA 2005 have the same meaning as in that section.

Notes

  1. F1

    Ss. 59B, 59C inserted (with effect in accordance with Sch. 17 para. 21 of the amending Act) by Finance Act 2014 (c. 26), Sch. 17 para. 17

PreviousNext
PrivacyTerms