Section 103KA: Carried interest

Taxation of Chargeable Gains Act 1992 · 1992 c. 12View on legislation.gov.uk

Part III: Individuals, partnerships, trusts and collective investment schemes etc — Chapter 5: Carried interest

This section applies where—

an individual ("A") performs investment management services directly or indirectly in respect of an investment scheme under arrangements involving at least one partnership, and
carried interest arises to A under the arrangements.

If the carried interest arises to A in connection with the disposal of one or more assets of the partnership or partnerships—

a chargeable gain equal to the amount of the carried interest less any permitted deductions (and no other chargeable gain or loss) is to be treated as accruing to A on the disposal, and
the chargeable gain is to be treated as accruing to A at the time the carried interest arises.

If the carried interest arises to A in circumstances other than those specified in subsection (2), a chargeable gain of an amount equal to the amount of the carried interest less any permitted deductions is to be treated as accruing to A at the time the carried interest arises.

Subsections (2) and (3) do not apply in relation to carried interest to the extent that—

it is brought into account in calculating the profits of a trade of A for the purposes of income tax for any tax year, or
it constitutes a co-investment repayment or return.

For the purpose of subsections (2) and (3) "permitted deductions" in relation to A means such parts of the amounts specified in subsection (6) as is just and reasonable.

Where the carried interest arises to A by virtue of his or her acquisition of a right to it from another person for consideration given in money by or on behalf of A, the amount of the chargeable gain accruing to A under subsection (2) or (3) is, on the making of a claim by A under this subsection, to be regarded as reduced by the amount of the consideration.

In this section—

  • "co-investment", in relation to A, means an investment made directly or indirectly by A in the scheme, where there is no return on the investment which is not an arm's length return within the meaning of section 809EZB(2) of ITA 2007;

  • "co-investment repayment or return" means a repayment in whole or in part of, or a return on, a co-investment;

  • "trade" includes profession or vocation.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.