Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Readers' forum : Taxing gain

14 February 2017
Issue: 4587 / Categories: Forum & Feedback

Can unused personal allowances be set against a chargeable capital gain?

In 2016-17 my client expects to receive interest and dividends of about £210 and £1 260 respectively with her only other income from pensions of about £7 850 (a small loss arose on my closing furnished lettings computation). At first sight she may ‘waste’ £3 150 of her £11 000 personal allowance. However she has a capital gain of £50 600 on a former buy-to-let property after allowing for some small losses brought forward and her £11 100 annual exemption.

She must treat this gain as the top slice of her taxable income. Can she therefore regard the first £3 150 of it as absorbing the rest of her personal allowance to save £882 (28% tax on the top slice of the gain)?

My Yellow Tax Guide says on TCGA 1992 s 8: ‘Unused personal allowances cannot be set against chargeable gains.’ However a...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon