Capital gains of a partnership

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Owner-Managed Businesses

Guidance

This guidance note details the capital gains tax rules for partners. For the tax on partnership profits, rather than gains, see the Trading profits of a partnership guidance note.

This note assumes a general knowledge of capital gains tax for individuals and companies. For detailed guidance on capital gains of individuals, see the Introduction to capital gains tax guidance note. For companies, see the Calculation of corporate capital gains guidance note.

See also Simon’s Taxes B7.406 onwards.

This note does not consider the tax position of foreign partners or of partnerships controlled abroad; see Simon’s Taxes B7.515 for this detail.

Stamp duty land tax should also be taken into account on transfers of land by partnerships, for more details see the Introduction to stamp taxes guidance note and other guidance notes in the same sub-topic. In addition there is specific commentary in ‘Analysis ― SDLT and partnerships’ by Susan Dennis and Adam Kay in Tax Journal, Issue 1641, 10, (17 November 2023).

Allocation of gains in partnerships

Once it is established that an asset is a

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Capital gains of a partnership