Commentary

C1.104 Capital gains—chargeable disposals

Capital gains tax
Capital gains tax | Commentary

C1.104 Capital gains—chargeable disposals

Capital gains tax | Commentary

C1.104 Capital gains—chargeable disposals

For a gain or loss to be within the scope of tax on chargeable gains, there must be a chargeable disposal of a chargeable asset by a chargeable person. This article considers the definition of chargeable disposal. For a discussion of chargeable persons and chargeable assets, see C1.102 and C1.103.

Individuals, trustees and personal representatives are subject to capital gains tax on chargeable gains. Companies are subject to corporation tax on chargeable gains. See C1.102.

For a discussion of the computation of chargeable gains and losses, see C1.105. For the rates of tax that apply to chargeable gains, see C1.107.

What is a chargeable disposal for chargeable gains purposes?

There is no statutory definition of 'disposal' for the purposes of chargeable gains, so it takes its normal meaning. A disposal occurs in a number of situations:

  1.  

    •     where the asset is transferred on sale

  2.  

    •     where the asset is transferred by way of an exchange (see C2.101)1

  3.  

    •     where the asset is transferred by way of a gift2, which includes a gift at undervalue (ie the proceeds received are less than the market value of the asset), gifts into

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