Commentary

C2.1129 Restriction of losses and tapering of gains

Capital gains tax
Capital gains tax | Commentary

C2.1129 Restriction of losses and tapering of gains

Capital gains tax | Commentary

C2.1129 Restriction of losses and tapering of gains

The rules in C2.1125–C2.1129A apply to disposals made prior to 6 April 2019. For disposals made on or after 6 April 2019, see C2.1139–C2.1173. Transitional rules apply to unused losses existing at 6 April 2019 that have accrued on disposals made prior to that date. See C2.1142 for further details.

Restriction of losses

Without special provision, a non ATED-related loss would be realised where:

  1.  

    •     a disposal is made by a person within the scope of the ATED-related CGT charge

  2.  

    •     the disposal meets Conditions A to C (see C2.1127) but did not meet Condition D because the consideration did not exceed the threshold amount

  3.  

    •     the expenditure, allowed by TCGA 1992, s 38, in computing the loss on disposal is in excess of the threshold

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