Taxation of Chargeable Gains Act 1992

The amount available for relief: the basic rule U.K.

13 (1) Subject to the following provisions of this Part of this Schedule, on a qualifying disposal by an individual the amount available for relief by virtue of sections 163 and 164 is an amount equal to the aggregate of— U.K.

(a) so much of the gains qualifying for relief as do not exceed the appropriate percentage of [F1 £250,000]; and

(b) one half of so much of those gains as exceed the appropriate percentage of [F2 £250,000] but do not exceed that percentage of [F2 £1 million];

and for the purposes of this sub-paragraph “the appropriate percentage” is a percentage determined according to the length of the qualifying period which is appropriate to the disposal on a scale rising arithmetically from 10 per cent. where that period is precisely one year to 100 per cent. where it is 10 years.

(2) In sub-paragraph (1) above “the gains qualifying for relief” means, in relation to any qualifying disposal, so much of the gains accruing on that disposal (aggregated under paragraph 6, 7(1)(a) or 8(1)(a) above) as would, by virtue of this Schedule, not be chargeable gains if—

(a) sub-paragraph (1) above had specified as the amount available for relief a fixed sum in excess of those aggregate gains; and

(b) paragraphs 14 to 16 below were disregarded.

(3) The amount available for relief by virtue of section 164 on a trustees’ disposal shall be determined, subject to sub-paragraph (4) below, in accordance with sub-paragraph (1) above on the assumption that the trustees’ disposal is a qualifying disposal by the qualifying beneficiary.

(4) If, on the same day, there is both a trustees’ disposal and a material disposal of business assets by the qualifying beneficiary, the amount available for relief shall be applied to the beneficiary’s disposal in priority to the trustees’ disposal.

Textual Amendments

F1 Sum in Sch. 6 para. 13(1)(a) substituted (with effect in accordance with s. 92(2) of the amending Act) by Finance Act 1994 (c. 9), s. 92(1)(a)

F2 Sums in Sch. 6 para. 13(1)(b) substituted (with effect in accordance with s. 92(2) of the amending Act) by Finance Act 1994 (c. 9), s. 92(1)(b)