Section 103KFD: Deemed accrual of loss where carried interest never arises

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

Subsection (3) applies where—

an individual has made an election under section 103KFA,
the individual has accrued a chargeable gain treated as accruing under section 103KFA(3), and
the conditions in subsection (2) are met.

Those conditions are that—

all, or substantially all, of the investments of the relevant scheme have been disposed of,
the amount of carried interest that has arisen to the individual in respect of the relevant scheme since the beginning of the first tax year in which a gain is treated as accruing under section 103KFA(3) is less than the sum of chargeable gains treated as accruing to the individual under that section, and
no further amount of carried interest can reasonably be expected to arise to the individual under arrangements with the relevant scheme.

The individual is to be treated as accruing a loss immediately before the end of the tax year in which the conditions in subsection (2) are first met.

The amount of that loss is the amount given by subtracting—

the amount of carried interest that arose to the individual in respect of the relevant scheme since the beginning of the first tax year in which a gain is treated as accruing under section 103KFA(3), from
the sum of the chargeable gains that have accrued under section 103KFA(3) (including any gain that accrues in respect of the tax year in which the loss accrues).

Where a loss has accrued to an individual as a result of subsection (3)—

section 103KFA (3) does not apply (in relation to the individual and the relevant scheme) for any tax year after the tax year in which the loss accrued, and
if carried interest arises to the individual in respect of the relevant scheme after the loss accrued, the individual may not make a claim under section 103KFC(3) in respect of tax charged in relation to it.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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