CG66620 - Capital Gains Tax and Gifts: Exemptions and No Gain/No Loss: Introduction

Charities

Registered Clubs

Specified Institutions

Employee Trusts

Housing Associations

National Heritage

As outlined in CG66450, gifts to certain bodies will be treated as taking place for consideration that produces neither a gain nor a loss. This section discusses these in more detail. Gifts fall within these rules if they are to:

  • Charities, registered community amateur sports clubs or specified institutions
  • Employee trusts
  • Housing associations
  • The nation or various bodies, of assets considered to be national heritage

{#}Charities

Charities and Capital Gains Tax are discussed from CG67500C. The definition of ‘a charity’ for Capital Gains Tax purposes is in FA2010/SCH6, see CG67501.

If you are in any doubt as to whether or not a particular organisation is a charity you should refer to the Charities Technical Team within the Individuals Policy Directorate.

{#}Registered Clubs

TCGA92/S257 extends the no gain/no loss treatment on gifts to registered clubs, defined by CTA10/S658 as registered community amateur sports clubs.

If you are in any doubt as to whether or not a particular organisation is a registered club you should refer to the Charities Technical Team within the Individuals Policy Directorate.

{#}Specified Institutions

TCGA92/S257 also provides for the no gain/no loss treatment on gifts for national purposes, as defined by IHTA84/SCH3. A list of the institutions that fall within this definition is at IHTM11224.

{#}Employee Trusts

As detailed in CG36000P, gifts by an individual or a close company to certain employee trusts that qualify for favourable Inheritance Tax treatment can have the arising gain reduced or calculated on a no gain/no loss basis.

{#}Housing Associations

Where an estate or interest in land is gifted to a ‘relevant housing provider’, see CG66635, a joint election by donor and donee can be made such that the disposal takes place at no gain/no loss.

{#}National Heritage

Under TCGA92/S258, gifts in the following circumstances are exempt from Capital Gains Tax:

  • Gifts to the nation (as defined by paragraph 1 of schedule 14 to the Finance Act 2012)
  • Gifts of property of significant national, historic, artistic or scientific interest as defined by IHTA84/S31, or property that could be so designated, to an institution listed in IHTA84/SCH3 (see IHTM11224), or to a person giving such an undertaking as required by IHTA84/S31 (e.g. granting the public reasonable access)
  • A disposal of an asset to the Board of HMRC in lieu of inheritance tax (see CG73335)