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Capital Gains Manual

CG66996 - Reliefs: gifts: emigration of donee

This example also shows you how to recover a held-over gain if the donee becomes non-resident. CG66888 tell you about this.

In year 1 B, an individual, acquired 10,000 shares worth £200,000 from A by gift. Hold-over relief under Section 165 was claimed and the held-over gain was agreed to be £50,000.

In Year 2 1,500 shares were sold by B. The proportion of the held-over gain `recovered' on this part-disposal is

 

50,000

x

1,500

=

£7,500

10,000

The balance of the held-over gain is thus £42,500.

In Year 3 4,000 shares were sold by B. The proportion of the held-over gain 'recovered' on this part-disposal is

 

42,500

x

4,000

=

£20,000

8,500

 

In the Year 4 B ceases to be resident (or ordinarily resident if year 4 is 2012/13 or earlier) in the UK and is assessed on the balance of the held-over gain not `recovered' in Year 2 and Year 3, that is

50,000 - (7,500 + 20,000) = £22,500

Note: If the change of residence had occurred more than six years after the end of Year 1 no charge would be possible.