{
  "url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/section-167",
  "json_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992/section-167.json",
  "legislation": "ukpga/1992/12",
  "legislation_title": "Taxation of Chargeable Gains Act 1992",
  "legislation_url": "https://openlegislation.uk/taxation-of-chargeable-gains-act-1992",
  "path": "section/167",
  "kind": "section",
  "number": "167",
  "heading": "Gifts to foreign-controlled companies.",
  "text": "(1) Subject to section 167A, section 165(4) shall not apply where the transferee is a company which is within subsection (2) below.\n(2) A company is within this subsection if it is controlled by a person who, or by persons each of whom—\n(a) is not resident in the United Kingdom, and\n(b) is or is connected with the person making the disposal.\n(3) For the purposes of subsection (2) above, a person who (either alone or with others) controls a company by virtue of holding assets relating to that or any other company and who is resident in the United Kingdom is to be regarded as not resident there if—\n(a) he is regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom, and\n(b) by virtue of the arrangements he would not be liable in the United Kingdom to tax on a gain arising on a disposal of the assets.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 167(1) substituted (with effect in accordance with Sch. 7 para. 60 of the amending Act) by Finance Act 2015 (c. 11), Sch. 7 para. 25"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 167(2)(a) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 100(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 167(2)(b) inserted (with effect in accordance with s. 41(2) of the amending Act) by Finance Act 2021 (c. 26), s. 41(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 167(3) substituted (with effect in accordance with Sch. 46 para. 112 of the amending Act) by Finance Act 2013 (c. 29), Sch. 46 para. 100(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/12/section/167",
    "retrieved_at": "2026-10-29T09:36:15.270072+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}