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Legislation
The Offshore Funds (Tax) Regulations 2009

CHAPTER 5 OFFSHORE INCOME GAINS AND THE COMPUTATION OF OFFSHORE INCOME GAINS

  • Section 38 General provisions
  • Section 39 The basic gain and its computation
  • Section 40 Earlier disposal to which the no gain/no loss basis applies
  • Section 41 Modifications of TCGA 1992
  • Section 42 Losses
  • Section 43 Special rules for certain existing holdings
  1. Chapter 5 · OFFSHORE INCOME GAINS AND THE COMPUTATION OF OFFSHORE INCOME GAINS
  2. Earlier disposal to which the no gain/no loss basis applies

Regulation 40 | Earlier disposal to which the no gain/no loss basis applies

From legislation.gov.uk

(1)This regulation applies if—

(a)a participant is chargeable to corporation tax, and

(b)the amount of any chargeable gain or allowable loss which would arise on the disposal would fall to be computed in a way which, in whole or in part, would take account of the indexation allowance on an earlier disposal to which section 56(2) of TCGA 1992 (disposals on a no gain/no loss basis) applies.

(2)The basic gain on the disposal is computed as if—

(a)no indexation allowance had been available on any such earlier disposal, and

(b)subject to that, neither a gain nor a loss had arisen to the person making such an earlier disposal.

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