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HMRC internal manual

Capital Gains Manual

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HM Revenue & Customs
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Value shifting: TCGA92 S30: general

TCGA92/S30 provides for the consideration for a disposal, including a deemed disposal, to be increased by a just and reasonable amount where a scheme or arrangements

  • materially reduces the value of an asset

and

  • gives rise to a tax-free benefit.

If you consider that the value shifting rules in section 30 or 31 are likely to apply in a case, you should seek advice from Capital Gains Technical Group.  In corporation tax cases, you should do this via the CG specialist in your area of business.

In any case where there appears to be a significant shift in value other than for normal commercial reasons you should also consider whether the following rules may apply.

  • TCGA92/S29 - general value shifting provisions, see CG13220.
  • TCGA92/S176 and TCGA92/S177 - depreciatory transactions: loss restriction on the disposal of shares or securities by a company, see CG46500+.

Finance Act 2011 introduced the amended TCGA92/S31 as Targeted Anti-Avoidance Rule for disposals of shares and securities by companies on or after 19 July 2011. TCGA92/S30 no longer applies to such disposals. See CG48500+.