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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: remittance basis

Section 87B | Section 87: remittance basis F1

From legislation.gov.uk

(1)This section applies if—

(a)chargeable gains were treated under section 87 , 87K or 87L as accruing to an individual in the tax year 2024-25 or an earlier tax year, andF2F3F4F5

(b)section 809B, 809D or 809E of ITA 2007 (remittance basis) applied to the individual for that year, ...F6F7F8

(c)RepealedF9

(2)The chargeable gains are treated as having accrued on the disposal of an asset situated outside the United Kingdom.F10F11

(3)For the purposes of Chapter A1 of Part 14 of ITA 2007 (remittance basis) treat relevant property or benefits as deriving from the chargeable gains.

(4)For the purposes of subsection (3) property or a benefit is “relevant” if the capital payment , or onward payment (see section 87I(1)(c)), by reason of which the chargeable gains were treated as accruing consisted of—F12F13

(a)the payment or transfer of the property or its becoming property to which section 60 applies, or

(b)the conferring of the benefit.

(5)The references in this section to sections 87I(1)(c), 87K and 87L (which were repealed by Part 3 of Schedule 12 to the Finance Act 2025) are to those provisions as they had effect for the tax year in which the chargeable gains were treated as accruing to the individual.F14

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. 87B(1)(a) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 58(2)(a)(i), 70(1)

  3. F3

    Words in s. 87B(1)(a) inserted (15.3.2018) by Finance Act 2018 (c. 3), Sch. 10 para. 1(5)(a)

  4. F4

    Words in s. 87B(1)(a) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 58(2)(a)(ii), 70(1)

  5. F5

    Word in s. 87B(1)(a) inserted (with effect in accordance with Sch. 46 para. 25 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 18(a) (with Sch. 46 para. 26)

  6. F6

    Words in s. 87B(1)(b) inserted (15.3.2018) by Finance Act 2018 (c. 3), Sch. 10 para. 1(5)(b)

  7. F7

    Word in s. 87B(1)(b) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 58(2)(b), 70(1)

  8. F8

    Word in s. 87B(1)(b) omitted (with effect in accordance with Sch. 46 para. 25 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 18(b) (with Sch. 46 para. 26)

  9. F9

    S. 87B(1)(c) omitted (with effect in accordance with Sch. 46 para. 25 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 18(c) (with Sch. 46 para. 26)

  10. F10

    S. 87B(2) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 37

  11. F11

    Words in s. 87B(2) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 58(3), 70(1)

  12. F12

    Words in s. 87B(4) inserted (15.3.2018) by Finance Act 2018 (c. 3), Sch. 10 para. 1(5)(c)

  13. F13

    Words in s. 87B(4) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 58(4), 70(1)

  14. F14

    S. 87B(5) inserted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 58(5), 70(1)

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