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Taxation of Chargeable Gains Act 1992

Act of the Parliament of the United Kingdom From Wikipedia, the free encyclopedia

The Taxation of Chargeable Gains Act 1992 (c. 12) is an act of the Parliament of the United Kingdom which governs the levying of capital gains tax in the United Kingdom. This is a tax on the increase in the value of an asset between the date of purchase and the date of sale of that asset. The tax operates under two different regimes for a natural person and a body corporate.

Long titleAn Act to consolidate certain enactments relating to the taxation of chargeable gains.
Territorial extentUnited Kingdom
Royal assent6 March 1992
Quick facts Long title, Citation ...
Taxation of Chargeable Gains Act 1992[a]
Act of Parliament
coat of arms
Long titleAn Act to consolidate certain enactments relating to the taxation of chargeable gains.
Citation1992 c. 12
Territorial extent United Kingdom
Dates
Royal assent6 March 1992
Commencement6 April 1992[b]
Other legislation
Amends
Repeals/revokesSee § Repealed enactments
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Taxation of Chargeable Gains Act 1992 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
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For a natural person, the rates of the capital gains tax are the same as those for earned income. The tax is levied at a rate determined by the highest rate of income tax which that person pays. Each year a natural person has an amount of gain, fixed by law, which is exempt from tax.

By contrast, for bodies corporate, the chargeable gain is treated as additional profits for the accounting period in question. The capital gains tax is charged as additional corporation tax. Bodies corporate have no allowance for gains free from tax.

Various reliefs from capital gains tax exist. These include indexation relief, where the amount of gain subject to tax is reduced by factoring in general price inflation, and taper relief, where set percentages of the gain are exempt from tax if the asset has been held for a certain length of time.

The act has been amended yearly by subsequent Finance Acts.

Provisions

Repealed enactments

Section 290(3) of the act repealed 39 enactments and revoked 16 instruments, listed in schedule 12 to the act.[1]

More information Citation, Short title ...
Acts
Citation Short title Extent of repeal
1968 c. 48 International Organisations Act 1968 In Schedule 1, paragraph 24(b).
1970 c. 10 Income and Corporation Taxes Act 1970 The whole act.
1970 c. 24 Finance Act 1970 Sections 27 and 28.
Section 29(3), (5), (6), (7) and (9).
Schedule 3.
Schedule 6.
1971 c. 68 Finance Act 1971 Section 55.
1973 c. 51 Finance Act 1973 Section 38(1), (3) to (5) and (8).
1974 c. 30 Finance Act 1974 Section 29.
1974 c. 44 Housing Act 1974 Section 11.
1975 c. 45 Finance (No. 2) Act 1975 Section 47.
Section 58.
1976 c. 40 Finance Act 1976 Section 54.
In section 131(2) the words "and capital gains tax".
1977 c. 36 Finance Act 1977 Sections 41 and 42.
1979 c. 14 Capital Gains Tax Act 1979 The whole act.
1979 c. 47 Finance (No. 2) Act 1979 Section 17.
1980 c. 48 Finance Act 1980 Section 61(2).
Sections 77 to 84.
Section 117.
Schedule 18.
1981 c. 35 Finance Act 1981 Section 38(3) and (4).
Sections 79 to 91.
In section 135 the words "capital gains tax and".
1982 c. 39 Finance Act 1982 Section 80.
Sections 83 to 88.
Section 148.
Schedule 13.
1982 c. 53 Administration of Justice Act 1982 Section 46(2)(f).
1983 c. 20 Mental Health Act 1983 In Schedule 4 paragraph 49.
1983 c. 28 Finance Act 1983 Section 34.
Schedule 6.
1983 c. 49 Finance (No. 2) Act 1983 Section 7.
1984 c. 32 London Regional Transport Act 1984 In Schedule 6 paragraphs 7 and 8.
1984 c. 43 Finance Act 1984 Section 44.
Section 50.
Section 56(3) and (4).
Sections 63 to 71.
Sections 79 to 81.
In section 126(3)(b) the words "and capital gains tax".
Schedules 11, 13 and 14.
1984 c. 51 Inheritance Tax Act 1984 In Schedule 8 paragraphs 9 to 12 and 23.
1985 c. 54 Finance Act 1985 Sections 67 to 72.
Section 95(1)(b).
Schedules 19 to 21.
1985 c. 71 Housing (Consequential Provisions) Act 1985 In Schedule 2 paragraph 18.
1986 c. 41 Finance Act 1986 Sections 58, 59 and 60.
1986 c. 56 Parliamentary Constituencies Act 1986 In Schedule 3 paragraph 6.
1987 c. 16 Finance Act 1987 Section 40.
Section 68(3).
1987 c. 51 Finance (No. 2) Act 1987 Section 64.
Section 73.
Sections 79, 80 and 81.
In Schedule 6, paragraphs 2, 4 and 5.
1988 c. 1 Income and Corporation Taxes Act 1988 Section 122(1)(b) (and the word "and" immediately preceding it), (3) and (8).
Sections 345 to 347.
Section 761(4).
In Schedule 28, paragraph 8(4) and (5).
In Schedule 29, paragraphs 10(4)(b), 12 and 15 to 28; in the Table in paragraph 32, the entries relating to the Income and Corporation Taxes Act 1970, the Finance Act 1970, the Finance (No. 2) Act 1975, the Capital Gains Tax Act 1979, Schedule 18 to the Finance Act 1980, sections 83 and 84 of the Finance Act 1981, Schedule 6 to the Finance Act 1983, section 50 of the Finance Act 1984, sections 68, 71 and 72 of, and Schedules 19 and 20 to, the Finance Act 1985 and section 58 of the Finance Act 1986.
1988 c. 39 Finance Act 1988 Sections 62 to 64.
Sections 96 to 104.
Section 105(1) to (5).
Sections 106 to 116.
Section 118.
In Schedule 6, paragraph 6(5).
Schedules 8 to 11.
In Schedule 12, paragraphs 4, 5 and 7(b).
In Schedule 13, paragraphs 16, 17 and 18.
1988 c. 48 Copyright, Designs and Patents Act 1988 In Schedule 7 paragraph 26.
1989 c. 26 Finance Act 1989 Section 91(2).
Section 92(3) and in subsection (4) the words "the Capital Gains Tax Act 1979 or any other enactment relating to capital gains tax".
Section 96(3).
Section 122.
Section 123(1)(a).
Sections 124 to 141.
Section 179(1)(a)(vi).
In Schedule 12, paragraph 6.
Schedules 14 and 15.
1989 c. 40 Companies Act 1989 In Schedule 18, paragraph 20.
1990 c. 1 Capital Allowances Act 1990 In Schedule 1, paragraphs 3 and 9(1) to (3).
1990 c. 29 Finance Act 1990 Section 28(3).
Sections 31 to 40.
Sections 46 and 47.
Section 54.
Sections 63 to 65.
Section 70.
Section 72.
Section 81(3) and (6).
Sections 83 to 86.
Section 127(2).
In Schedule 6, paragraph 10.
Schedule 8.
In Schedule 9, paragraphs 1 and 2.
In Schedule 10, paragraphs 28 and 29(2) and (3).
In Schedule 12, paragraph 2(2).
In Schedule 14, paragraphs 17, 18 and 19(2), (3) and (4).
In Schedule 18, paragraph 3.
1991 c. 21 Disability Living Allowance and Disability Working Allowance Act 1991 In Schedule 2 paragraph 9.
1991 c. 31 Finance Act 1991 Section 57(4).
Section 67.
Section 77(2).
Section 78(2), (3), (6) and (7).
Sections 83 to 102.
In Schedule 6, paragraph 6.
In Schedule 7, paragraphs 14 and 15.
In Schedule 10, paragraphs 1 and 4.
Schedules 16 to 18.
1991 c. 52 Ports Act 1991 Section 18(8)(a).
1992 c. 6 Social Security (Consequential Provisions) Act 1992 In Schedule 2, paragraph 51.
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More information Citation, Title ...
Statutory instruments
Citation Title Extent of revocation
SI 1979/1231 Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1979 The whole order.
SI 1979/1676 Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1979 The whole order.
SI 1980/507 Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1980 The whole order.
SI 1980/922 Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1980 The whole order.
SI 1980/1910 Capital Gains Tax (Gilt-edged Securities) (No. 3) Order 1980 The whole order.
SI 1981/615 Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1981 The whole order.
SI 1981/1879 Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1981 The whole order.
SI 1982/413 Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1982 The whole order.
SI 1982/1774 Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1982 The whole order.
SI 1983/1774 Capital Gains Tax (Gilt-edged Securities) Order 1983 The whole order.
SI 1984/1966 Capital Gains Tax (Gilt-edged Securities) Order 1984 The whole order.
SI 1986/12 Capital Gains Tax (Gilt-edged Securities) Order 1986 The whole order.
SI 1987/259 Capital Gains Tax (Gilt-edged Securities) Order 1987 The whole order.
SI 1988/360 Capital Gains Tax (Gilt-edged Securities) Order 1988 The whole order.
SI 1989/944 Capital Gains Tax (Gilt-edged Securities) Order 1989 The whole order.
SI 1991/2678 Capital Gains Tax (Gilt-edged Securities) Order 1991 The whole order.
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See also

Notes

  1. Section 291.
  2. Section 289.

References

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