Capital Gains Tax Act 1979 (repealed 6.3.1992)
1979 c. 14 · Enacted 22 March 1979 · Extends to United Kingdom
Annotations to the whole text
Textual amendments
- F1
Act repealed (6.3.1992 with effect as mentioned in s. 289(1)(2) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch.12 (with s. 201(3), Sch. 11 paras. 20, 22, 26(2), 27 and with saving in Sch. 11 para. 24(2)) and subject to an amendment (prosp.) by Museum and Galleries Act 1992 (c. 44), s. 11(2), Sch. 8 Pt. I para. 1(1)(2)(7), and amendments by: Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), s. 4(2), Sch. 2 para. 9(1)(2) (in force 6.4.1992 by S.I. 1991/2617, art. 2(f)); S.I. 1991/2874, art. 2 (in force 6.4.1992 by S.R. 1992/94, art. 2); Social Security (Consequential Provisions) Act 1992 (c. 6), s. 4, Sch. 2 para. 52(a)(b) (in force 1.7.1992 by s. 7(2) of the amending Act); Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), s. 4, Sch. 2 para. 20(a)(b) (in force 1.7.1992 by s. 7(2) of the amending Act); Finance (No. 2) Act 1992 (c. 48), ss. 35(2), 47, 48, 56, 77, Sch. 9 para. 20(1)(inserting ss. 143A and 143B), Sch. 17 paras. 3, 6(2)(5), 7, (the amendments coming into force 16.7.1992 except for the amendment by s. 56, Sch. 9 para. 20(1) which comes into force on 19.2.1993 by S.I. 1993/236, art. 2); and amendments (retrospective to 1.1.1992) by ss. 35(2), 47, 48 of the same 1992 Act, and amendments (27.7.1993 with effect as mentioned in ss. 84(3), 86(4), 88(4), 105(4) of the amending Act) by 1993 c. 34, ss. 84(3), 86(4), 88(4)(a)(b), 105(3)(4)
Contents
- Part I: General
- Capital gains tax and corporation tax
- 1Taxation of capital gains.
- Capital gains tax
- 2Persons chargeable.
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 4Gains chargeable to tax.
- 5Exemption for first £3,000 of gains
- 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 7Time for payment of tax.
- 7APayment by instalments of tax on gifts.
- 8, 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- The foreign element
- 10Double taxation relief.
- 11Allowance for foreign tax.
- 12Non-resident with United Kingdom branch or agency.
- 13Foreign assets: delayed remittances.
- 14Foreign assets of person with foreign domicile.
- 15Non-resident company.
- 16Non-resident group of companies.
- 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 18Residence etc. and location of assets.
- Part II: Gains and Losses
- Chapter I: Disposals
- 19Disposal of assets.
- 20Capital sums derived from assets.
- 21Capital sums: compensation and insurance money.
- 22Assets lost or destroyed, or whose value becomes negligible.
- 23Mortgages and charges.
- 24Hire-purchase.
- 25Value shifting.
- 26Value shifting: further provisions.
- 26AValue shifting: distributions within a group followed by a disposal of shares.
- 26BSection 26B
- 26CSection 26C
- 26DSection 26D
- 27Time of disposal and acquisition where asset disposed of under contract.
- Chapter II: Computation
- 28Chargeable gains.
- 29Losses.
- 29ASection 29A
- Computation of gains
- 30Introductory.
- 31Consideration chargeable to tax on income.
- 32Expenditure: general.
- 32AExpenditure: amounts to be included as consideration.
- 33Exclusion of expenditure by reference to tax on income.
- 33ASection 33A
- 34Restriction of losses by reference to capital allowances and renewals allowances.
- 35Part disposals.
- 36Assets derived from other assets.
- 37Wasting assets.
- 38Wasting assets: straightline restriction of allowable expenditure.
- 39Wasting assets qualifying for capital allowances.
- 40Consideration due after time of disposal.
- 41Contingent liabilities.
- 42Expenditure reimbursed out of public money.
- 43Supplemental.
- Part III: Persons and Trusts
- Married persons
- 44Husband and wife.
- 45Tax on married woman’s gains.
- Trustees, nominees and personal representatives
- 46Nominees and bare trustees.
- 47Expenses in administration of estates and trusts.
- 48Liability for tax.
- Death
- 49Death: general provisions.
- 50Death: application of law in Scotland.
- Settlements
- 51Meaning of “settled property”.
- 52Trustees of settlements.
- 53Gifts in settlement.
- 54Person becoming absolutely entitled to settled property.
- 55Termination of life interest etc.
- 56Death of life tenant: exclusion of chargeable gain.
- 56AEffect on sections 55 and 56 of relief under Finance Act 1980, section 79.
- 57Death of annuitant.
- 58Disposal of interests in settled property.
- Other cases
- 59Gifts: recovery from donee.
- 60Partnerships.
- 61Insolvents’ assets.
- 62Transactions between connected persons.
- 63Connected persons: interpretation.
- Part IV: Shares and Securities
- Chapter I: General
- 64Interpretation.
- Rules of identification
- 65Pooling.
- 66Disposal on or before day of acquisition.
- Gilt-edged securities
- 67Exemptions for gilt-edged securities and qualifying corporate bonds etc.
- 68Identification (general).
- 69Identification: disposal to husband or wife and third person.
- 70Re-acquisition after sale at a loss.
- Savings certificates, etc.
- 71Exemption for government non-marketable securities.
- Capital distribution in respect of shares, etc.
- 72Distribution which is not a new holding within Chapter II.
- 73Disposal of right to acquire shares.
- Close companies
- 74Disposal of shares: relief in respect of income tax consequent on shortfall in distributions.
- 75Shares in close company transferring assets at an undervalue.
- Share option schemes
- 76Consideration for acquisition of shares under share option schemes.
- Chapter II: Reorganisation of Share Capital, Conversion of Securities, Etc.
- Reorganisation or reduction of share capital
- 77Application of sections 78 to 81.
- 78Equation of original shares and new holding.
- 79Consideration given or received by holder.
- 80Part disposal of new holding.
- 81Composite new holdings.
- Conversion of securities
- 82Equation of converted securities and new holding.
- 83Premiums on conversion of securities.
- 84Compensation stock.
- Company reconstructions and amalgamations
- 85Exchange of securities for those in another company.
- 86Reconstruction or amalgamation involving issue of securities.
- 87Restriction on application of sections 85 and 86.
- 88Procedure for clearance in advance.
- Stock dividends
- 89Stock dividends: consideration for new holding.
- 90Capital gains on certain stock dividends.
- Quoted options
- 91Application of Chapter II to quoted options.
- Chapter III: Unit Trusts etc.
- Preliminary
- 92Interpretation.
- 93Application of Act to unit trusts.
- General
- 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Unit trusts
- 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 96Unit trusts for exempt unit holders.
- 97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 98Transfer of company’s assets to unit trust which later comes within section 96 or 97.
- Court investment funds etc.
- 99Funds in court.
- 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part V: Land
- Private residences
- 101Relief on disposal of private residence.
- 102Amount of relief.
- 103Amount of relief: further provisions.
- 104Private residence occupied under terms of settlement.
- 105Private residence occupied by dependent relative.
- Leases
- 106Leases of land and other assets.
- Part disposals
- 107Small part disposals.
- 108Part disposal to authority with compulsory powers.
- 109Part disposal: consideration exceeding allowable expenditure.
- Compulsory acquisition
- 110Compensation paid on compulsory acquisition.
- 111Time of disposal and acquisition.
- 111ARoll-over relief on compulsory acquisition.
- 111BSection 111B
- Agricultural land and woodlands
- 112Grants for giving up agricultural land.
- 113Woodlands.
- Development land tax etc.
- 114Interaction with development land tax and other taxation.
- Part VI: Property: Further Provisions
- Replacement of business assets
- 115Roll-over relief.
- 116Assets only partly replaced.
- 117New assets which are depreciating assets.
- 118Relevant classes of assets.
- 119Assets of Class 1.
- 120Trade carried on by family company: business assets dealt with by individual.
- 121Activities other than trades, and interpretation.
- Stock in trade
- 122Appropriations to and from stock.
- Transfer of business to a company
- 123Roll-over relief on transfer of business.
- 123ASection 123A
- Transfer of business on retirement
- 124Relief on transfer.
- 125Transfer by way of capital distribution from family company.
- Gifts of business assets
- 126Relief for gifts of business assets.
- 126ASection 126 relief: gifts to non-residents.
- 126BSection 126 relief: gifts to foreign-controlled companies.
- 126C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Movable property
- 127Wasting assets.
- 128Chattel exemption.
- 129Leases of property other than land.
- 130Passenger vehicles.
- 131Decorations for valour or gallant conduct.
- Other property
- 132Commodities and other assets without earmark.
- 132ASection 132A
- 133Foreign currency for personal expenditure.
- 134Debts.
- 135Debts: foreign currency bank accounts.
- 136Relief in respect of loans to traders.
- 136ARelief for qualifying corporate bonds.
- 136BSection 136A: supplementary.
- 137Options and forfeited deposits.
- 138Options: application of rules as to wasting assets.
- 139Quoted options treated as part of new holdings.
- Part VII: Other Provisions
- Insurance
- 140Policies of insurance.
- 141Disallowance of insurance premiums as expenses.
- 142Underwriters.
- 142ADisposal of assets in premiums trust fund etc.
- 143Life assurance and deferred annuities.
- Superannuation funds, annuities and annual payments
- 144Superannuation funds, annuities and annual payments.
- Profit sharing and share option schemes
- 144AApproved profit sharing and share option schemes.
- Other exemptions and reliefs
- 145Charities.
- 146Gifts to charities etc.
- 146ASection 146A
- 147Works of art etc.
- 147AGifts on which inheritance tax is chargeable etc.
- 147BSection 147A relief: gifts to non-residents.
- 148Maintenance funds for historic buildings.
- 149Employee trusts.
- 149ABuilding societies and life policies.
- 149BMiscellaneous exemptions.
- 149CBusiness expansion schemes.
- 149DPersonal equity plans.
- Part VIII: Supplemental
- Valuation
- 150Valuation: general.
- 151Assets disposed of in a series of transactions.
- 152Unquoted shares and securities.
- 153Value determined for capital transfer tax.
- Other provisions
- 154Income tax decisions.
- 155Interpretation.
- Part IX: General
- 156Commencement.
- 157Savings, transitory provisions and consequential amendments.
- 158Repeals.
- 159Continuity and construction of references to old and new law.
- 160Short title.
- Schedule 1: Application of Exempt Amount in Particular Cases
- Preliminary
- 1Paragraph 1
- Husband and wife
- 2Paragraph 2
- 3Paragraph 3
- Personal representatives
- 4Paragraph 4
- Trustees
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2: Gilt-Edged Securities
- Part I
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part II: Existing Gilt-Edged Securities
- Stocks and bonds charged on the National Loans Fund
- Securities issued by certain public corporations and guaranteed by the Treasury
- Schedule 3: Leases
- Leases of land as wasting assets: curved line restriction of allowable expenditure
- 1Paragraph 1
- Premiums for leases
- 2Paragraph 2
- 3Paragraph 3
- Sub-leases out of short leases
- 4Paragraph 4
- Exclusion of premiums taxed under Schedule A etc.
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Duration of leases
- 8Paragraph 8
- Leases of property other than land
- 9Paragraph 9
- Interpretation
- 10Paragraph 10
- Schedule 4: Relief for Gifts of Business Assets
- Part I: Agricultural Property and Settled Property
- Agricultural property
- 1Paragraph 1
- Settled property
- 2Paragraph 2
- 3Paragraph 3
- Part II: Reductions in Held-Over Gain
- Application and interpretation
- 4Paragraph 4
- Reductions peculiar to disposals of assets
- 5Paragraph 5
- 6Paragraph 6
- Reduction peculiar to disposal of shares
- 7Paragraph 7
- Reduction where gain partly relieved by retirement relief
- 8Paragraph 8
- Schedule 5: Assets Held on 6th April 1965
- Part I: Quoted Securities
- Deemed acquisition at 6th April 1965 value
- 1Paragraph 1
- Restriction of gain or loss by reference to actual cost
- 2Paragraph 2
- Exclusion of pooling
- 3Paragraph 3
- Election for pooling
- 4Paragraph 4
- Election by principal company of group
- 5Paragraph 5
- Pooling at value on 6th April 1965: exchange of securities etc.
- 6Paragraph 6
- Underwriters
- 7Paragraph 7
- Interpretation of paragraphs 3 to 7
- 8Paragraph 8
- Part II: Land Reflecting Development Value
- Valuation at 6th April 1965
- 9Paragraph 9
- Allowance for betterment levy
- 10Paragraph 10
- Part III: Other Assets
- Apportionment by reference to straightline growth of gain or loss over period of ownership
- 11Paragraph 11
- Election for valuation at 6th April 1965
- 12Paragraph 12
- Unquoted shares, commodities, etc.
- 13Paragraph 13
- Reorganisation of share capital, conversion of securities, etc.
- 14Paragraph 14
- Part IV: Miscellaneous
- Capital allowances
- 15Paragraph 15
- Assets transferred to close companies
- 16Paragraph 16
- Husbands and wives
- 17Paragraph 17
- Compensation and insurance money
- 18Paragraph 18
- Schedule 6: Transitory
- Part I: Valuation
- Preliminary
- 1Paragraph 1
- Original rules
- 2Paragraph 2
- Value of quoted securities on 6th April 1965
- 3Paragraph 3
- References to Stock Exchange on or after 25th March 1973
- 4Paragraph 4
- Unquoted shares and securities: application of section 152 to acquisitions before commencement of this Act
- 5Paragraph 5
- 6Paragraph 6
- Unquoted shares or securities: acquisition on death
- 7Paragraph 7
- Unquoted shares or securities: prior part disposal
- 8Paragraph 8
- Value determined for estate duty
- 9Paragraph 9
- Part II: Assets Acquired Before Commencement
- Events before commencement
- 10Paragraph 10
- Part III: Other Transitory Provisions
- Value-shifting
- 11Paragraph 11
- Assets acquired on disposal chargeable under Case VII of Schedule D
- 12Paragraph 12
- Unrelieved Case VII losses
- 13Paragraph 13
- Dispositions before 27th March 1974 which attract capital transfer tax
- 14Paragraph 14
- Gifts subject to capital transfer tax on death
- 15Paragraph 15
- Life interest terminated on death on which capital transfer tax is chargeable
- 16Paragraph 16
- Devaluation of sterling: securities acquired with borrowed foreign currency
- 17Paragraph 17
- Devaluation of sterling: foreign insurance funds
- 18Paragraph 18
- Gilt-edged securities past redemption date
- 19Paragraph 19
- Reorganisation of share capital, conversion of securities, etc.
- 20Paragraph 20
- Land: allowance for betterment levy
- 21Paragraph 21
- Replacement of business assets
- 22Paragraph 22
- Transfer of business to a company
- 23Paragraph 23
- Works of art etc.
- 24Paragraph 24
- Disposal before acquisition
- 25Paragraph 25
- Estate duty
- 26Paragraph 26
- Income and corporation tax: premiums on leases
- 27Paragraph 27
- Validity of subordinate legislation
- 28Paragraph 28
- Saving for Part II of this Schedule
- 29Paragraph 29
- Schedule 7: Consequential Amendments
- Taxes Management Act 1970 (c. 9)
- 1Paragraph 1
- Income and Corporation Taxes Act 1970 (c. 10)
- 2Paragraph 2
- Finance Act 1974 (c. 30)
- 3Paragraph 3
- 4Paragraph 4
- 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Development Land Tax Act 1976 (c. 24)
- 6Paragraph 6
- Finance Act 1976 (c. 40)
- 7Paragraph 7
- Translation of references to Part III of Finance Act 1965
- 8Paragraph 8
- Part TABLE: Part I
- 9Paragraph 9
- 10Paragraph 10
- Part II: References to Part III of Finance Act 1965 Followed by Descriptive Words
- Translation of references to enactments repealed and re-enacted
- Schedule 8Repeals