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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Migration of settlements, non-resident settlements and dual resident settlements

  • Section 80 Trustees ceasing to be resident in U.K.
  • Section 80A Postponing gain or loss under section 80(2): interests in UK land
  • Section 81 Death of trustee: special rules.
  • Section 82 Past trustees: liability for tax.
  • Section 83 Trustees ceasing to be liable to U.K. tax.
  • Section 83A Trustees both resident and non-resident in a year of assessment
  • Section 84 Acquisition by dual resident trustees.
  • Section 85 Disposal of interests in non-resident settlements.
  • Section 85A Transfers of value: attribution of gains to beneficiaries and treatment of losses
  • Section 86 Attribution of gains to settlors with interest in non-resident or dual resident settlements.
  • Section 86A Attribution of gains to settlor where temporarily non-resident
  • Section 87 Non-UK resident settlements: attribution of gains to beneficiaries
  • Section 87A Section 87: matching
  • Section 87B Section 87: remittance basis
  • Section 87BA Sections 87 and 87A: disregard of capital payments made from carried interest gains
  • Section 87C Sections 87 and 87A: disregard of certain capital payments
  • Section 87D Sections 87 and 87A: disregard of capital payments to non-residents
  • Section 87E Sections 87 and 87A: disregarded payments to temporary non-resident
  • Section 87F Sections 87 and 87A: disregarded payments in year settlement ends
  • Section 87G Settlor liable if capital payment received by close family member
  • Section 87H Meaning of “close member of the settlor's family”
  • Section 87HA Onward gifts from non-residents or qualifying new residents
  • Section 87I Non-UK resident settlements: recipients of onward gifts
  • Section 87J Relevant parts of payment from which onward gift derived
  • Section 87K Attribution of gains or payments to recipient of onward gift
  • Section 87L Cases where settlor liable following onward gift
  • Section 87M Cases where recipient of onward gift is user of remittance basis
  • Section 87N Sections 87 and 87A: disregard of payments to migrating beneficiary
  • Section 87P Sections 87 and 87A: temporary migration after payment disregarded
  • Section 88 Gains of dual resident settlements.
  • Section 89 Migrant settlements etc.
  • Section 90 Sections 87 and 89(2): transfers between settlements
  • Section 90A Section 90: transfers made for consideration in money or money's worth
  • Section 91 Increase in tax payable under section 87 or 89(2).
  • Section 92 Qualifying amounts and matching.
  • Section 93 Matching: special cases.
  • Section 94 Transfers of settled property where qualifying amounts not wholly matched.
  • Section 95 Matching after transfer.
  • Section 96 Payments by and to companies.
  • Section 97 Supplementary provisions.
  • Section 97A Value of benefit conferred by capital payment made by way of loan
  • Section 97B Value of benefit conferred by capital payment made by way of making movable property available
  • Section 97C Value of benefit conferred by capital payment made by way of making land available
  • Section 98 Power to obtain information for purposes of sections 87 to 90.
  • Section 98A Settlements with foreign element: information.
  1. Migration of settlements, non-resident settlements and dual resident settlements
  2. Section 87: matching

Section 87A | Section 87: matching F1

From legislation.gov.uk

(1)This section supplements section 87.F1

(2)The following steps are to be taken for the purposes of matching capital payments with section 1(3) amounts.F1F2F3

Step 1Find the section 1(3) amount for the relevant tax year.

Step 2Find the total amount of capital payments received by the beneficiaries from the trustees in the relevant tax year.

Step 3The section 1(3) amount for the relevant tax year is matched with—“The relevant proportion” is the section 1(3) amount for the relevant tax year divided by the total amount of capital payments received in the relevant tax year.

(a)if the total amount of capital payments received in the relevant tax year does not exceed the section 1(3) amount for the relevant tax year, each capital payment so received, and

(b)otherwise, the relevant proportion of each of those capital payments.

Step 4If paragraph (a) of Step 3 applies—If paragraph (b) of that Step applies—

(a)reduce the section 1(3) amount for the relevant tax year by the total amount of capital payments referred to there, and

(b)reduce the amount of those capital payments to nil.

(a)reduce the section 1(3) amount for the relevant tax year to nil, and

(b)reduce the amount of each of the capital payments referred to there by the relevant proportion of that capital payment.

Step 5Start again at Step 1 (unless subsection (3) applies).If the section 1(3) amount for the relevant tax year (as reduced under Step 4) is not nil, read references to capital payments received in the relevant tax year as references to capital payments received in the latest tax year which—If the section 1(3) amount for the relevant tax year (as so reduced) is nil, read references to the section 1(3) amount for the relevant tax year as the section 1(3) amount for the latest tax year—

(a)is before the last tax year for which Steps 1 to 4 have been undertaken, and

(b)is a tax year in which capital payments (the amounts of which have not been reduced to nil) were received by beneficiaries.

(a)which is before the last tax year for which Steps 1 to 4 have been undertaken, and

(b)for which the section 1(3) amount is not nil.

(3)This subsection applies if—F1

(a)all of the capital payments received by beneficiaries from the trustees in the relevant tax year or any earlier tax year have been reduced to nil, orF1

(b)the section 1(3) amounts for the relevant tax year and all earlier tax years have been reduced to nil.F1F4

(4)The effect of any reduction under Step 4 of subsection (2) is to be taken into account in any subsequent application of this section.F1

Notes

  1. F1

    Ss. 87-87C substituted for s. 87 (with effect in accordance with Sch. 7 para. 115 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 108 (with Sch. 7 paras. 116-119)

  2. F2

    Words in s. 87A(2) substituted (5.4.2022) by The Taxation of Chargeable Gains Act 1992 (Amendment) Regulations 2022 (S.I. 2022/230), regs. 1, 3

  3. F3

    Words in s. 87A substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 36

  4. F4

    Words in s. 87A(3)(b) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by virtue of Finance Act 2019 (c. 1), Sch. 1 para. 36

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