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Home / Simons-Taxes /Capital gains tax /Part C3 Capital gains exemptions and reliefs /Division C3.16 Holdover relief for gifts of non-business assets /Holdover relief for gifts of non-business assets / C3.1601 Disposals of non-business assets qualifying for CGT holdover relief
Commentary

C3.1601 Disposals of non-business assets qualifying for CGT holdover relief

Capital gains tax

For updates affecting this Division please see Part C0 Updates

Holdover relief for gifts of non-business assets

C3.1601 Disposals of non-business assets qualifying for CGT holdover relief

Holdover relief for gifts of business assets under TCGA 1992, s 165 is discussed in Division C3.5. Holdover relief for gifts of assets other than business assets1 is only available where the disposal is either2:

  1. Ìý

    •ÌýÌýÌýÌý an immediately chargeable transfer for inheritance tax purposes3, or

  2. Ìý

    •ÌýÌýÌýÌý subject to one of a number of specified exemptions from the charge to inheritance tax

This relief under TCGA 1992, s 260 takes precedence over TCGA 1992, s 1654.

The types of disposal which are eligible for the relief are described in detail below. There is no requirement that the transferor is UK resident so a disposal can be a non-resident CGT disposal (see C2.1131, C2.1139)5.

The relief is available in respect of disposals made otherwise than at arm's length6

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Web page updated on 17 Mar 2025 17:30