The Taxation of Capital Gains, Finance Act 2018
- Chapter 1 General Principles
- 1.1 Introduction – Legislation
- 1.2 Charge to Tax
- 1.3 Non-resident Persons
- 1.4 Shares Deriving Value
- 1.5 Branch Assets
- 1.6 Location of Assets
- 1.7 Disposal of Assets
- 1.8 What is a Disposal?
- 1.9 Compensation as Disposal Proceeds
- 1.10 Effect of Tax on Compensation
- 1.11 Rates of Tax
- 1.12 Development Land
- 1.13 NAMA “Windfall” Gains and Profits
- 1.14 CGT for Certain Venture Capital Funds
- 1.15 CGT on Certain Emissions Allowances
- 1.16 Income Tax Provisions
- Chapter 2 Computation Rules
- 2.1 Computation of Gain or Loss
- 2.2 Consideration for Disposal
- 2.3 Deferred or Contingent Proceeds
- 2.4 Expenditure Deductible
- 2.5 Consideration Given for Asset
- 2.6 Expenditure on Provision of Asset
- 2.7 Income Tax Relief on Expenditure
- 2.8 Wasting Assets
- 2.9 Part Disposals
- 2.10 Events Prior to 6/4/1974
- 2.11 Assets Owned at 6 April 1974
- 2.12 Indexation (of pre-1 January 2003 expenditure)
- 2.13 Time of Disposal
- 2.14 Arm’s Length Rules
- 2.15 Open-market Value
- 2.16 Disposals to or from Trading Stock
- Chapter 3 Reliefs, Allowances and Exemptions
- 3.1 Annual €1,270 Allowance to Individuals
- 3.2 Losses
- 3.3 Disposal of Chattels
- 3.4 Principal Private Residence
- 3.5 4-7 Year Relief
- 3.6 Reinvestment of Disposal Proceeds including:
- 3.7 Revised Entrepreneur Relief
- 3.8 Disposal of Business to a Company
- 3.9 Retirement Relief
- 3.10 Dissolution of Farming Partnership
- 3.11 Sale of Farm Payment Entitlements
- 3.12 Transfer of Site to a Child of Owner
- 3.13 Disposals to Charities and Public Bodies
- 3.14 Exempt Bodies and Assets
- Chapter 4 Special Classes of Persons Including Trustees
- 4.1 Introduction to Fiduciary and Representative Capacity
- 4.2 Nominees and Bare Trusts
- 4.3 Absolutely Entitled Against the Trustees
- 4.4 Settled Property
- 4.5 Personal Representatives
- 4.6 Married Persons and Civil Partners
- 4.7 Cohabitants
- 4.8 Children
- 4.9 Partnerships
- 4.10 Other Unincorporated Associations
- 4.11 Assets Transferred as Security
- 4.12 Assets of Insolvent Persons
- 4.13 Appointment of Liquidators
- 4.14 Appointment of Receivers and Examiners
- 4.15 Chargeable Gains Accruing to Liquidators, Receivers, Examiners, Mortgagees-in-Possession and Other Persons
- 4.16 Funds in Court
- 4.17 Joint Tenants and Tenants in Common
- Chapter 6 Shares and Securities
- 6.1 Share Transactions
- 6.2 Issue of Shares – Cost of Acquisition
- 6.3 Reorganisations/Reduction of Share Capital
- 6.4 Company Amalgamations (By Exchange of Shares): Two Party Swap
- 6.5 Reconstructions and Amalgamations: three party swap
- 6.6 Reorganisations, etc. – Anti-Avoidance
- 6.7 Clawback of Reconstruction Relief
- 6.8 Conversion of Securities
- 6.9 Shares Identification
- 6.10 Acquisition by a Company of its Own Shares
- 6.11 Employee Shares
- 6.12 Stripping Value from Assets
- 6.13 Contracts for Difference (CFDs)
- Chapter 7 Leasehold Interests
- 7.1 Leases – General Introduction
- 7.2 Grant of Lease: General Principles
- 7.3 Sale or Assignment of Leasehold Interest
- 7.4 Charge to Tax
- 7.5 Lease as a Wasting Asset
- 7.6 Interaction of CGT with Income Tax
- 7.7 Transactions for Consideration
- 7.8 Deemed Premiums
- 7.9 Duration of a Lease
- 7.10 Mergers and Surrenders of Leases
- 7.11 Leases of Property other than Land
- Chapter 9 Corporate Group Provisions
- 9.1 Reliefs – Transfers Between Companies
- 9.2 Group Corporate Losses
- 9.3 Groups, Takeovers, and Reorganisations
- 9.4 Transactions Outside a Group
- 9.5 Groups and Development Land
- 9.6 Application – Group Relief to Trading Stock
- 9.7 Company Leaving Group – General Rule
- 9.8 Company Leaving Group in Merger
- 9.9 Domestic Mergers and Divisions
- 9.10 EU Mergers Directive
- 9.11 Participation Exemptions
- Chapter 11 Double Taxation Relief
- 11.1 Introduction to Double Taxation Relief and International Agreements
- 11.2 OECD Model Treaty
- 11.3 Relief under a Double Taxation Agreement
- 11.4 Unilateral tax credits
- 11.5 Ireland/UK Tax Treaty
- 11.6 Other Tax Treaties
- 11.7 List of Double Taxation Agreements
- 11.8 List of Tax Information Exchange Agreements
- Chapter 12 Administration
- 12.1 Care and Management of CGT
- 12.2 Taxpayers Return Obligations
- 12.3 Due Date for Payment of CGT
- 12.4 Interest on Overdue Tax
- 12.5 Repayment of Overpaid Tax
- 12.6 Assessment of CGT
- 12.7 Appeals
- 12.8 Audit Code of Practice and Penalties
- 12.9 Returns Required from Others
- 12.10 Mandatory Reporting Obligation
- 12.11 Collection of Tax from Others
- 12.12 Married Persons and Civil Partners
- 12.13 Withholding Tax
- 12.14 Liability of Trustees of Settlement
- 12.15 Valuation of Assets: Power to Inspect
- 12.16 Payment of Capital Gains Tax