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Home / Simons-Taxes /Capital gains tax /Part C3 Capital gains exemptions and reliefs /Division C3.5 Holdover relief for gifts of business assets /Holdover relief for gifts of business assets—particular situations / C3.509 Holdover relief for gifts of business assets—gifts of direct or indirect interests in UK land to non-residents
Commentary

C3.509 Holdover relief for gifts of business assets—gifts of direct or indirect interests in UK land to non-residents

Capital gains tax

A disposal of direct or indirect interests in UK land (before 6 April 2019 and after 6 April 2015, a UK residential property interest) to a transferee who is not resident in the UK qualifies for relief1. This is because the disposal of such an interest by a non-resident is chargeable to capital gains tax (see C2.1131, C2.1136) so the held-over gain will not be taken outside the UK tax net (see C3.510).

The legislation indicates that the full amount of the gain that would otherwise have been chargeable may be held over in which case no chargeable gain arises at the time of the disposal. However, HMRC has expressed

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Web page updated on 17 Mar 2025 17:03