Section 1H: The main rates of CGT

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

Part 1: Capital gains tax and corporation tax on chargeable gains — Chapter 1: Capital gains tax

This section makes provision about the rates at which capital gains tax is charged but has effect subject to—

section 169N (business asset disposal relief: rate of 14%), and
section 169VC (investors' relief: rate of 14%).

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Chargeable gains other than carried interest gains (see subsections (4B) and (9) to (11)) accruing in a tax year to an individual are charged to capital gains tax at a rate of 18% or 24%.

The question as to which of the rates applies to the gains concerned is determined by section 1I (income taxed at higher rates or gains exceeding unused basic rate band).

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Chargeable gains accruing in a tax year to an individual that are carried interest gains are charged to capital gains tax at a rate of 32%.

Chargeable gains accruing in a tax year to the personal representatives of a deceased individual that are—

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carried interest gains,

are charged to capital gains tax at a rate of 32%.

Other chargeable gains accruing in a tax year to the personal representatives of a deceased individual are charged to capital gains tax at a rate of 24%.

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... Chargeable gains accruing in a tax year to the trustees of a settlement are charged to capital gains tax at a rate of 24%.

For the purposes of this section chargeable gains are "carried interest gains" if they accrue to an individual ("X")—

under section 103KA(2) or (3) (investment management services), ...
under section 103KFA(3) (gains on deemed carried interest where election made), or
as a result of carried interest arising to X under arrangements not involving a partnership under which X performs investment management services directly or indirectly in respect of an investment scheme.

A gain is not a carried interest gain under subsection (9)(b) if the carried interest constitutes a co-investment repayment or return.

Expressions used in subsection (9) or (10) have the same meaning as they have in Chapter 5 of Part 3.

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