Capital gains tax

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The charge to CGT

The charge to CGT arises when a person disposes of an asset and makes a profit on the disposal that is capital in nature. For an overview of CGT as a whole (including its scope, reliefs and compliance), see Practice Note: Introductory guide to CGT. See also: Capital gains tax—client guide.

When deciding whether a charge to CGT arises, there are a number of aspects to consider.

The asset, the disposal and the person making the disposal must all be of a type that can attract CGT

CGT is payable by individuals, trustees and personal representatives (PRs). Companies generally do not pay CGT but are subject to corporation tax on their chargeable capital gains (although see below in respect of CGT payable on disposals of UK residential property owned by non-natural persons prior to 6 April 2019). In the context of UK real property and separately in relation to individuals who are deemed domiciled in the UK for CGT purposes on or after 6 April 2017, a person may be within the scope of CGT even where they are not UK resident

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Latest Private Client News

Private Client weekly highlights—21 November 2024

This week’s edition of Private Client highlights includes: (1) Wigglesworth v Beetson, in which the claimant failed in an action for estoppel and adverse possession; (2) the Hansard Society to host a briefing on parliamentary process for Assisted Dying Bill; (3) Khan v Khan, which considered family property and constructive trusts; (4) analysis of the Autumn Budget announcement to bring unused pension funds and death benefits within the scope of IHT; (5) Palmer v Sans, which found that there was no transaction at an undervalue where property was already held on trust for the transferee; (6) KA v FA (The Secretary of State for the Home Department intervening), where the court recognised an overseas adoption notwithstanding failure of common law test; and (7) Kireeva v Bedzhamov, in which the Supreme Court has confirmed the application of the immovables rule to English property.

HoL committee issues call for evidence on Property (Digital Assets etc) Bill

A Special Public Bill Committee established by the House of Lords has issued a call for evidence on the Property (Digital Assets etc) Bill. The deadline for submissions is Friday 20 December 2024.

Privy Council rules BVI company shares are not immovable property (Al Thani v Al Thani)

Private Client analysis: In a decision which will come as a relief to private individuals who own shares in BVI companies, the Privy Council has decided that section 245 of the BVI’s Business Companies Act 2004 does not have the effect of re-categorising shares as immovable property for the purposes of succession. Written by Kyle Bonnell, pupil at XXIV Old Buildings.

Supreme Court confirms application of immovables rule to English property

The Supreme Court has unanimously dismissed Ms Kireeva’s (Russian bankruptcy trustee’s) appeal to overturn the Court of Appeal’s’ decision regarding matters arising out of the bankruptcy of Mr Bedzhamov. Peter Declercq and Patrick Elliot, partners at DCQ Legal (who acted for Ms Kireeva), discuss the implications of the judgment.

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