INTM169130 - UK residents with foreign income or gains: capital gains tax: Amount of foreign tax credit relief: exemption from tax
Where the total of the chargeable gains in any year of assessment exceeds the exempt amount provided by TCGA92/S3, the exempt amount should, as far as possible, consist of gains on which no foreign tax has been charged. This will enable credit for foreign tax charged on the gains to be allowed against the UK Capital Gains Tax charged on those gains.
The following example demonstrates the application of this paragraph and of INTM169120
In 2009-10, an individual has the following chargeable gains:
| - | £ | - |
|---|---|---|
| UK | 10,000 | - |
| Country X | 20,000 | Foreign tax £2,000 |
| Country Y | 6,000 | Foreign tax £2,700 |
He has losses of £6,000 available for deduction. The exemption limit for 2009-10 is £9,600.
The computation of his liability is as follows:
| - | UK Gain | Country X Gain | Country Y Gain |
|---|---|---|---|
| - | £ | £ | £ |
| - | 10,000 | 20,000 | 6,000 |
| Less Loss | 6,000 | - | - |
| Sub total | 4,000 | 20,000 | 6,000 |
| Less Exempt Amount | 4,000 | 5,600 | - |
| - | 0 | 14,400 | 6,000 |
| Tax at 18% | 0 | 2,592 | 1,080 |
| Less Foreign Tax Credit Relief | 0 | 2,000 | 1,080 |
| Tax Payable | Nil | 592 | Nil |
The balance of Country Y’s tax of £1,620 (2,700 less 1,080) cannot be set off against the Capital Gains Tax payable on the Country X gain and cannot be repaid.