UK Act of Parliament 1992 United Kingdom

Taxation of Chargeable Gains Act 1992

At a glance

Enforced by

HMRC

What's here

3 compliance obligations, 10 practical guides across 4 topics · 8 journeys

Penalty landscape

1 of 3 obligations carry an unlimited fine. 2 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Trader 2
  • Any Person 1

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Traders also bound by 219 other Acts (top 5 shown)
Any Person also bound by 749 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part I — Capital gains tax and corporation tax on chargeable gains

Browse 34 other sections in this Part — procedural / definitional / commencement
s.001

Non-UK residents: assets deriving 75% of value from UK land etc

s.001

Allowable losses to be used in most beneficial way etc

s.001

Gains accruing to UK resident individuals in split years

s.001

Income taxed at higher rates or gains exceeding unused basic rate band

s.001

Increasing annual exempt amount to reflect increases in CPI

s.002

Company's total profits to include chargeable gains

s.002

Territorial scope of charge to corporation tax on chargeable gains

s.002

Non-UK resident company with UK permanent establishment

s.002

Application of CGT principles in calculating gains and losses

s.002

References to income tax or Income Tax Acts in case of companies

s.002

Interaction of capital gains tax and corporation tax

s.003

Participators and their interests

s.003

Prevention of double UK taxation

s.003

Individuals who were non-UK domiciled

s.003

Temporary non-residents

s.003

Supplementary provisions

s.004

Section 4: special cases

s.004

Rates, and use of unused basic rate band, in certain cases

s.010

Temporary non-residents.

s.013

Section 13(5): interpretation

s.014

Section 13: non-UK domiciled individuals

s.014

Meaning of “non-resident CGT disposal”

s.014

Meaning of “disposal of a UK residential property interest”

s.014

Persons chargeable to capital gains tax on NRCGT gains

s.014

Further provision about use of NRCGT losses

s.014

Section 14F: divided companies

s.014

Section 14F: arrangements for avoiding tax

Part II — General Provisions relating to computation of gains and acquisitions and disposals of assets

Browse 38 other sections in this Part — procedural / definitional / commencement
s.016

Losses: non-UK domiciled individuals

s.016

Individual who has made election under section 16ZA: foreign chargeable gains remitted in tax year after tax year in which accrue

s.016

Individual who has made election under section 16ZA and to whom remittance basis applies

s.016

Section 16ZC: supplementary

s.024

Structures and buildings contributions allowances: destruction of asset

s.025

Long funding leases of plant or machinery: deemed disposals

s.026

Transfers in respect of dormant assets

s.028

Contracts completed after ordinary notification period

s.036

Re-basing in relation to direct or indirect disposals of UK land

s.037

Consideration on disposal of certain leases

s.039

Exclusion of certain expenditure: structures and buildings allowances

s.047

Exemption for certain disposals under, or after leaving, cash basis

s.047

Disposals made by persons after leaving cash basis

s.052

Chapter to apply only for corporation tax purposes

s.057

Gains and losses on relevant high value disposals

s.057

Gains and losses on disposals of residential property interests

Part III — Individuals, partnerships, trusts and collective investment schemes etc

s.100

Exemption for certain EEA UCITS

Amended 8 times
s.101

Transfer within group to investment trust.

Amended 2 times
s.101

Transfer of company’s assets to venture capital trust.

Amended 2 times
s.103

Application of Act to certain offshore funds

Amended 2 times
s.103

Application of Act to tax transparent funds

Amended 2 times
s.103

Tax transparent funds: share pooling etc

Amended 2 times
s.103

Application of Chapter

Amended 2 times
s.103

Exchanges of units for units in the same scheme

Amended 2 times
s.103

Exchange of units for those in another collective investment scheme

Amended 2 times
s.103

Scheme of reconstruction involving issue of units

Amended 2 times
s.103

Scheme of reconstruction involving conversion scheme

Amended 2 times
s.103

Supplementary provisions

Amended 2 times
s.103

Restriction on application of sections 103G, 103H and 103I

Amended 2 times
s.103

Carried interest

Amended 2 times
s.103

Carried interest: avoidance of double taxation

Amended 2 times
  • Claim for tax adjustments to avoid double taxation on carried interest Trader
s.103

Relief for external investors on disposal of partnership asset

Amended 2 times
s.103

Election for carried interest gains to be chargeable as scheme profits arise

Amended 2 times
s.103

Election in relation to scheme to apply to associated schemes

Amended 2 times
s.103

Interaction with other charges

Amended 2 times
  • Claim tax adjustments to avoid double taxation on carried interest Trader
s.103

Deemed accrual of loss where carried interest never arises

Amended 2 times
s.103

Anti-avoidance

Amended 2 times
s.103

Meaning of “arise” in Chapter 5

Amended 2 times
s.103

Interpretation of Chapter 5

Amended 2 times
Browse 52 other sections in this Part — procedural / definitional / commencement
s.059

Limited liability partnerships.

s.059

Limited liability partnerships: deemed disposal

s.059

Alternative investment managers (2)

s.063

Death: application of law in Northern Ireland

s.068

Variation of will or intestacy, etc: identification of settlor

s.069

Sub-fund settlements

s.079

Restriction on set-off of trust losses.

s.079

Attribution to trustees of gains of non-resident companies.

s.083

Trustees both resident and non-resident in a year of assessment

s.085

Transfers of value: attribution of gains to beneficiaries and treatment of losses

s.087

Section 87: matching

s.087

Sections 87 and 87A: disregard of certain capital payments

s.087

Sections 87 and 87A: disregard of capital payments to non-residents

s.087

Sections 87 and 87A: disregarded payments to temporary non-resident

s.087

Sections 87 and 87A: disregarded payments in year settlement ends

s.087

Settlor liable if capital payment received by close family member

s.087

Onward gifts from non-residents or qualifying new residents

s.087

Attribution of gains or payments to recipient of onward gift

s.087

Cases where recipient of onward gift is user of remittance basis

s.087

Sections 87 and 87A: temporary migration after payment disregarded

s.090

Section 90: transfers made for consideration in money or money's worth

s.097

Value of benefit conferred by capital payment made by way of loan

s.097

Value of benefit conferred by capital payment made by way of making land available

s.099

Calculation of the disposal cost of accumulation units

Part IV — Shares, securities, options etc.

s.106

Identification of securities: ... capital gains tax.

Amended 3 times
s.110

Indexation for section 104 holdings: capital gains tax.

Amended 6 times
s.117

Holdings in unit trusts and offshore funds excluded from treatment as qualifying corporate bonds.

Amended 30 times
s.119

Increase in expenditure by reference to tax charged in relation to employment-related securities

Amended 3 times
s.119

Section 119A: unremitted Part 7A income

Amended 3 times
s.138

Use of earn-out rights for exchange of securities.

Amended 10 times
s.138

Share exchanges involving non-UK incorporated close companies

Amended 10 times
s.138

Treatment of securities connected with such exchanges

Amended 10 times
s.140

Transfer or division of UK business

Amended 10 times
s.140

Section 140C: anti-avoidance.

Amended 10 times
s.140

Securities issued on division of business

Amended 10 times
s.140

Merger leaving assets within UK tax charge

Amended 10 times
s.140

Merger: assets outside UK tax charge

Amended 10 times
s.140

Share exchanges

Amended 10 times
s.140

Division of business or transfer of assets

Amended 10 times
s.140

Mergers

Amended 10 times
s.142

REITs: chargeable gains on stock dividends

Amended 3 times
s.144

Cash-settled options.

Amended 9 times
s.144

Exception to rule in section 144ZA

Amended 9 times
s.150

Enterprise investment scheme.

Amended 11 times
s.150

Enterprise investment scheme: reduction of EIS relief.

Amended 11 times
s.150

Seed enterprise investment scheme: re-investment

Amended 11 times
s.151

Venture capital trusts: supplementary.

Amended 9 times
s.151

CITR: identification of securities or shares on a disposal

Amended 9 times
s.151

CITR: rights issues etc

Amended 9 times
s.151

Strips: manipulation of price: associated payment giving rise to loss

Amended 9 times
s.151

Corporate strips: manipulation of price: associated payment giving rise to loss

Amended 9 times
s.151

Regulations where non-qualifying shares conditions altered

Amended 9 times
s.151

Introduction

Amended 9 times
s.151

Purchase and resale arrangements

Amended 9 times
s.151

Diminishing shared ownership arrangements : initial acquisition

Amended 9 times
s.151

Deposit arrangements

Amended 9 times
s.151

Profit share agency arrangements

Amended 9 times
s.151

Provision not at arm's length: exclusion of arrangements from sections 151J to 151N

Amended 9 times
s.151

Purchase and resale arrangements where return in foreign currency

Amended 9 times
s.151

Diminishing shared ownership arrangements

Amended 9 times
s.151

Other arrangements

Amended 9 times
s.151

Investment bond arrangements are qualifying corporate bonds

Amended 9 times
s.151

Treatment of bond-holder and bond-issuer

Amended 9 times
s.151

Investment bond arrangements not unit trust scheme or offshore fund

Amended 9 times
s.151

Diminishing shared ownership arrangements: further provision in respect of refinancing

Amended 9 times
Browse 12 other sections in this Part — procedural / definitional / commencement
s.148

Futures and options involving guaranteed returns

s.149

Employment-related securities options

s.149

Restricted and convertible employment-related securities and employee shareholder shares

s.149

Employee incentive schemes: conditional interests in shares.

Part V — Transfer of business assets, business asset disposal relief and investors' relief

s.153

Provisional application of sections 152 and 153.

Amended 6 times
s.156

Cessation of trade by limited liability partnership.

Amended 4 times
s.156

Intangible fixed assets: roll-over relief

Amended 4 times
s.156

Intangible fixed assets: interaction with relief under Chapter 7 of Part 8 of CTA 2009

Amended 4 times
s.159

Disposals of interests in UK land by non-residents: roll-over relief

Amended 4 times
s.162

Disincorporation relief: post-FA 2002 goodwill

Amended 6 times
s.164

Roll-over relief on re-investment by trustees.

Amended 2 times
s.164

Interaction with retirement relief

Amended 2 times
s.164

Restriction applying to retirement relief and roll-over relief on re-investment.

Amended 2 times
s.164

Relief carried forward into replacement shares.

Amended 2 times
s.164

Application of Chapter in cases of an exchange of shares.

Amended 2 times
s.164

Failure of conditions of relief.

Amended 2 times
s.164

Loss of relief in cases where shares acquired on being issued.

Amended 2 times
s.164

Qualifying investment acquired from husband or wife.

Amended 2 times
s.164

Provisions supplementary to section 164I.

Amended 2 times
s.164

Anti-avoidance provisions.

Amended 2 times
s.164

Exclusion of double relief.

Amended 2 times
s.164

Exclusion of double relief

Amended 2 times
s.167

Gifts of direct or indirect interests in UK land to non-residents

Amended 4 times
s.169

Cessation of trade by limited liability partnership

Amended 4 times
s.169

Clawback of relief if settlement becomes settlor-interested etc

Amended 4 times
s.169

Meaning of “interest in a settlement” in sections 169B to 169D

Amended 4 times
s.169

Meaning of “arrangement” in sections 169B to 169E and information power

Amended 4 times
s.169

Introduction

Amended 4 times
s.169

Material disposal of business assets

Amended 4 times
s.169

Disposal associated with relevant material disposal

Amended 4 times
s.169

Relevant business assets: goodwill transferred to a close company

Amended 4 times
s.169

Amount of relief: general

Amended 4 times
s.169

Amount of relief: special provisions for certain trust disposals

Amended 4 times
s.169

Amount of relief: special provision for certain associated disposals

Amended 4 times
s.169

Reorganisations: disapplication of section 127

Amended 4 times
s.169

Interpretation of Chapter

Amended 4 times
s.169

Overview of Chapter

Amended 4 times
s.169

Supplementary election to defer gains until subsequent disposal

Amended 4 times
s.169

Elections under sections 169SC and 169SD

Amended 4 times
s.169

Overview of Chapter

Amended 4 times
s.169

Eligibility conditions for deferred business asset disposal relief

Amended 4 times
s.169

Qualifying shares, potentially qualifying shares and excluded shares

Amended 4 times
s.169

Investors' relief

Amended 4 times
s.169

Disposal where holding consists partly of qualifying shares

Amended 4 times
s.169

Which shares are in holding immediately before disposal

Amended 4 times
s.169

Shares treated as disposed of in previous disposal where claim made

Amended 4 times
s.169

Shares treated as disposed of in previous disposal: no claim made

Amended 4 times
s.169

Disposals by trustees: further conditions for relief

Amended 4 times
s.169

Disposals of interests in shares: joint holdings etc

Amended 4 times
s.169

Cap on relief for disposal by trustees of a settlement

Amended 4 times
s.169

Claims for relief

Amended 4 times
s.169

Reorganisations where consideration given

Amended 4 times
s.169

Exchange of shares for those in another company

Amended 4 times
s.169

New shares issued on scheme of reconstruction

Amended 4 times
s.169

Modification of conditions for being a qualifying share

Amended 4 times
s.169

“Subscribe” etc

Amended 4 times
s.169

“Unremunerated director”

Amended 4 times
s.169

General definitions

Amended 4 times

Part VI — Companies, oil, insurance etc.

s.171

Election under section 171A: effect

Amended 37 times
s.171

Elections under section 171A: insurance companies

Amended 37 times
s.177

Restriction on set-off of pre-entry losses.

Amended 1 time
s.177

Restrictions on setting losses against pre-entry gains.

Amended 1 time
s.179

Roll-over of degrouping charge on business assets

Amended 84 times
s.179

Claim for adjustment of calculations under section 179

Amended 84 times
s.187

Deemed disposal under section 185: ATED-related gains and losses

Amended 3 times
s.188

Election for pooling

Amended 1 time
s.188

Meaning of “NRCGT group”

Amended 1 time
s.188

Transfers within an NRCGT group

Amended 1 time
s.188

Further provision about group losses

Amended 1 time
s.188

Companies becoming eligible to join an NRCGT group

Amended 1 time
s.188

Company ceasing to be a member of an NRCGT group

Amended 1 time
s.188

The responsible members of an NRCGT group

Amended 1 time
s.188

The representative company of an NRCGT group

Amended 1 time
s.188

Interpretation of sections 188A to 188J

Amended 1 time
s.192

Exemptions for gains or losses on disposal of shares etc

Amended 5 times
s.195

Oil licence swaps

Amended 16 times
s.195

Company that gives mixed consideration

Amended 16 times
s.198

Provisional application of sections 198A and 198B

Amended 4 times
s.198

No double claims

Amended 4 times
s.198

Ring fence reinvestments and disposal consideration

Amended 4 times
s.198

Acquisition by member of same group

Amended 4 times
s.198

Exploration, appraisal and development expenditure

Amended 4 times
s.198

Expenditure by member of same group

Amended 4 times
s.211

Transfers of assets to certain collective investment schemes

Amended 23 times
s.211

Transfers of business: transfer of unused losses

Amended 23 times
s.214

Further transitional provisions.

Amended 8 times
s.214

Interpretation

Amended 8 times
s.217

Transfer of assets on incorporation of registered friendly society.

Amended 4 times
s.217

Rights of members in registered society equated with rights in incorporated society.

Amended 4 times
s.217

Disposal of assets on union, amalgamation or transfer of engagements

Amended 4 times
Browse 11 other sections in this Part — procedural / definitional / commencement
s.184

Restrictions on buying losses: tax avoidance schemes

s.184

Restrictions on buying gains: tax avoidance schemes

s.184

Sections 184A and 184B: meaning of “tax advantage”

s.184

Sections 184A and 184B: “pre-change assets”: basic rules

s.184

Asset subject to EU exit charge on becoming chargeable asset

Part 7A — UK representatives of non-UK residents

s.271

Trade or profession carried on in partnership

Amended 48 times
s.271

Obligations and liabilities of UK representative

Unlimited fine Amended 48 times
  • UK representatives share tax obligations and liabilities with non-residents Any Person
s.271

Exceptions: notices and information

Amended 48 times
s.271

Exceptions: criminal offences and penalties etc

Amended 48 times
s.271

Meaning of “non-UK resident” and “independent agent”

Amended 48 times

Part VII — Other property, businesses, investments etc.

s.222

Determination of main residence: non-resident CGT disposals

Amended 24 times
s.222

Non-qualifying tax years

Amended 24 times
s.222

Day count test

Amended 24 times
s.223

Amount of relief: non-resident CGT disposals

Amended 23 times
s.223

Amount of relief: individual’s residency delayed by certain events

Amended 23 times
s.225

Private residence held by personal representatives

Amended 12 times
s.225

Deferred payments on disposals in connection with divorce etc

Amended 12 times
s.225

Sale of private residence under certain agreements with employer, etc

Amended 12 times
s.225

Private residence of adult placement carer

Amended 12 times
s.225

Disposals by disabled persons or persons in care homes etc

Amended 12 times
s.226

Private residence relief: cases where relief obtained under section 260

Amended 3 times
s.226

Exception to section 226A

Amended 3 times
s.239

De-registration of registered pension schemes

Amended 2 times
s.239

Relief for disposals by trustees of employee trusts

Amended 2 times
s.241

EEA furnished holiday lettings

Amended 19 times
s.252

Foreign currency bank accounts and the remittance basis

Amended 1 time
s.255

Hold-over relief for gains re-invested in social enterprises

Amended 2 times
s.255

Application of section 255B(2) where maximum SI relief not obtained

Amended 2 times
s.256

Attributing gains to the non-exempt amount : charitable trusts

Amended 12 times
s.257

Tainted charity donations

Amended 8 times
s.261

Treating trade loss etc as CGT loss

Amended 3 times
s.261

Meaning of “the maximum amount” for purposes of section 261B

Amended 3 times
s.261

Treating excess post-cessation trade or property relief as CGT loss

Amended 3 times
s.261

Meaning of “the maximum amount” for purposes of section 261D

Amended 3 times
s.271

Visiting forces and staff of designated allied headquarters

Amended 48 times
Browse 35 other sections in this Part — procedural / definitional / commencement
s.236

Only first £50,000 of shares under associated agreements to be exempt

s.236

Identification of exempt employee shareholder shares

s.236

Relinquishment of employment rights is not disposal of an asset

s.236

Trading requirement

s.236

All-employee benefit requirement

s.236

Further provision about the equality requirement

s.236

Cases in which all-employee benefit requirement treated as met

s.236

Trustee independence requirement

s.236

Controlling interest requirement

s.236

No section 236H relief if disqualifying event in next four tax years

s.236

Events which trigger deemed disposal and reacquisition by trustees

s.236

Identification of shares where section 236H or 236Q applies

s.236

Further provision about significant and controlling interests

s.248

Roll-over relief on disposal of joint interests in land: conditions

s.248

Calculation of relief

s.248

Relief on disposal of joint interests in private residence

s.263

Agreements for sale and repurchase of securities: capital gains tax

s.263

Section 263A: interpretation

s.263

Renewables obligation certificates for domestic microgeneration

s.263

Stock lending arrangements.

s.263

Stock lending involving redemption.

s.263

Gains accruing to persons paying manufactured dividends

s.263

Power to modify repo provisions: redemption arrangements

s.263

Powers about manufactured overseas dividends

s.263

Former employees: employment-related liabilities

Part VIII — Supplemental

s.275

Location of certain intangible assets

Amended 12 times
s.275

Section 275A: supplementary provisions

Amended 12 times
s.275

Location of assets: interests of co-owners

Amended 12 times
s.279

Deferred unascertainable consideration: election for treatment of loss

Amended 7 times
s.279

Effect of election under section 279A

Amended 7 times
s.279

Elections under section 279A

Amended 7 times
s.285

UK Economic Interest Groupings European Economic Interest Groupings

Amended 2 times
Browse 3 other sections in this Part — procedural / definitional / commencement
s.284

Concessions that defer a charge.

Schedules

Browse 27 other Schedules — structural / supplementary
s.sch004a

Disposal of interest in settled property: deemed disposal of underlying assets

s.sch004b

Transfers of value by trustees linked with trustee borrowing

s.sch004c

Transfers of value: attribution of gains to beneficiaries

s.sch004zza

Relevant high value disposals: gains and losses

s.sch004zzb

Non-resident CGT disposals: gains and losses

s.sch004zzc

Disposals of residential property interests: gains and losses

s.sch005b

Enterprise investment scheme: re-investment

s.sch005bb

Seed enterprise investment scheme: re-investment

s.sch007a

Restriction on set-off of pre-entry losses

s.sch007aa

Restrictions on setting losses against pre-entry gains

s.sch007ac

Exemptions for disposals by companies with substantial shareholding

s.sch007ad

Gains of insurance company from venture capital investment partnership

s.sch007b

Modification of Act in relation to overseas life insurance companies

s.sch007c

Relief for transfers to Schedule 2 share plans

s.sch007d

... Share schemes and share incentives

s.sch007za

Business asset disposal relief : “trading company” and “trading group”

s.sch007zb

Investors' relief: disqualification of shares

s.sch008a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.sch008b

Hold-over relief for gains re-invested in social enterprises

Other sections — not classified into a Part

These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.

Browse 4 other unclassified sections
s.application of taper relief

Application of taper relief

s.table of derivations note: the following abbreviat

TABLE OF DERIVATIONS Note: The following abbreviations are used in this Table:

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