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Legislation
Income Tax Act 2007

Crossheading Charge where benefit received

  • Section 731 Charge to tax on income treated as arising under section 732
  • Section 732 Non-transferors receiving a benefit as a result of relevant transactions
  • Section 733 Income charged under section 731
  • Section 733A Settlor liable for section 731 charge on closely-related beneficiary
  • Section 733B Recipients of onward gifts
  • Section 733C Cases where income treated as arising to recipient of onward gift
  • Section 733D Cases where deemed income attributed to recipient of onward gift
  • Section 733E Cases where settlor liable following onward gift
  • Section 734 Reduction in amount charged: previous capital gains tax charge
  • Section 734A Reduction in amount charged: previous settlements charge
  • Section 735 Qualifying new residents and remittance-basis users: “foreign” deemed income
  • Section 735A Section 735: relevant income and benefits relating to foreign deemed income
  1. Charge where benefit received
  2. Reduction in amount charged: previous capital gains tax charge

Section 734 | Reduction in amount charged: previous capital gains tax charge

From legislation.gov.uk

(1)This section applies if—

(a)benefits provided as mentioned in section 732(1)(c) are received in a tax year,

(b)Repealed

(c)Repealed

(d)chargeable gains are treated by section 87, 87K, 87L or 89(2) of, or paragraph 8 of Schedule 4C to, TCGA 1992 as accruing to a person in that or a subsequent tax year by reference (direct or indirect) to the whole or part of any benefits so provided.

(2)For any tax year after one in which such chargeable gains are so treated, the amount of income treated as arising to the individual under section 732(2) in respect of benefits provided as mentioned in section 732(1)(c) as a result of the transfer or operations in question is calculated as follows.

(3)The amount is calculated under section 733(1) as if the total untaxed benefits were reduced by the amount of those gains.

(4)In this section “the total untaxed benefits” has the same meaning as in section 733(1) (see Step 2).

(5)References in this section to chargeable gains treated as accruing to an individual include offshore income gains treated as arising to the individual (see regulations ... 22 to 24 of the Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001)).

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