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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
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Deferred consideration: unascertainable: election for treatment of loss - within the charge to CGT for the year of the loss

TCGA92/S279B

The year of the loss must be a year in which the taxpayer is within the charge to CGT (see CG15083 above).

This requirement is satisfied for a year in which the taxpayer is chargeable to CGT in respect of chargeable gains accruing to him in the year.

It is also satisfied if, on the assumption that chargeable gains accrue to him in the year, he would be so chargeable if no deductions were to be made from those gains and if no account were to be taken of the annual exempt amount.