CG13280 - Value shifting: TCGA92 S30: method of adjustment

Where Section 30 applies the consideration for the disposal is increased for capital gains purposes by such amount as is just and reasonable, taking account of the scheme or arrangements and the tax-free benefit in question, TCGA92/S30 (5).

Gains arising from transactions caught by Section 30 may, if the relevant conditions are satisfied, qualify for relief under the various provisions dealing with gifts of assets, see CG66450.

The value shifting rules provide for a compensating reduction of consideration where

• the consideration for the disposal of an asset is increased under Section 30(5)

and

• the tax-free benefit giving rise to the Section 30(5) adjustment is an increase in the value of another asset

and

• there is a disposal of that other asset after the increase in its value.

In such a case the consideration for the disposal of the other asset may be reduced by a just and reasonable amount, TCGA92/S30 (6). You should seek advice from Capital gains Technical Group if considering a compensating adjustment under Section 30(6).

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+.