PART 1Direct taxes
Domicile, overseas property etc
32Exemption from attribution of carried interest gains
1
TCGA 1992 is amended as follows.
2
In section 13(1A) (attribution of gains to members of non-resident companies)—
a
omit the “or” at the end of paragraph (a), and
b
at the end of paragraph (b), insert
, or
c
a chargeable gain treated as accruing under section 103KA(2) or (3) (carried interest gains).
3
In section 86 (attribution of gains to settlors with interest in non-resident or dual resident settlements), after subsection (4ZA) insert—
4ZB
Where (apart from this subsection) the amount mentioned in subsection (1)(e) would include an amount of chargeable gains treated as accruing under section 103KA(2) or (3) (carried interest gains), the amount of the gains is to be disregarded for the purposes of subsection (1)(e).
4
In section 87 (non-UK resident settlements: attribution of gains to beneficiaries), after subsection (5A) insert—
5B
Where (apart from this subsection) the amount mentioned in subsection (4)(a) would include an amount of chargeable gains treated as accruing under section 103KA(2) or (3) (carried interest gains), the amount of the gains is to be disregarded for the purposes of determining the section 2(2) amount.
5
The amendments made by this section have effect in relation to chargeable gains treated as accruing under section 103KA(2) or (3) of TCGA 1992 at any time before, as well as after, the passing of this Act.