This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Interaction of EIS and DTR on a Gain In Spain

CashingOut
Posts:10
Joined:Sat Feb 25, 2017 2:49 pm
Interaction of EIS and DTR on a Gain In Spain

Postby CashingOut » Sun Sep 17, 2017 12:51 pm

Hi
I am UK tax resident and made a gain on the sale of my holiday apartment in Spain. I will suffer about 19% "Spanish CGT” and prima facie 28% UK CGT (less a credit for the foreign tax).
I am thinking about making some EIS investments and claiming for UK CGT to be deferred.
I understand that I can restrict my EIS claim to cover however much of my UK gain that I wish (eg to utilise my CGT annual exemption) - but I can not find anything that confirms the order of set-off of EIS and double tax relief.
It seems logical that if I claim enough EIS deferral relief to completely extinguish my UK gain, I will have nil UK CGT tax payable and hence get nil credit for my foreign tax.
Could I though just claim enough EIS to leave my UK tax bill exactly equal to my foreign tax bill?
Alternatively, could I instead opt to deduct all the foreign tax suffered as an expense in the UK calculation of my capital gain and then use EIS to defer the resulting gain?
Any help appreciated.
Thanks.
Peter

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Interaction of EIS and DTR on a Gain In Spain

Postby maths » Sun Sep 17, 2017 7:12 pm

Not my area but a quick look at the legislation seems to indicate that you can invest sufficient monies to leave into charge to UK CGT such gain as after DTR for the Spanish CGT and the AE leaves you with a nil gain subject to UK CGT [TCGA 1992 Sch 5B para 2(1) and (3)].

CashingOut
Posts:10
Joined:Sat Feb 25, 2017 2:49 pm

Re: Interaction of EIS and DTR on a Gain In Spain

Postby CashingOut » Mon Sep 18, 2017 12:16 am

Hi Maths
Many thanks.
These days I have to rely on legislation.gov.uk to see the actual legislation and unfortunately Schedule 5B hasn't been consolidated into the TCGA 1992 online version. Amazing really after all this time, but there you are.
I have tried long and hard to find the Finance Act that introduced 5B but failed. Is there a reference to the introducing Finance Act with your copy of Schedule 5B please?
I appreciate your help.
Regards
Peter

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Interaction of EIS and DTR on a Gain In Spain

Postby maths » Mon Sep 18, 2017 1:32 am

FA 1995 Sch 13.

CashingOut
Posts:10
Joined:Sat Feb 25, 2017 2:49 pm

Re: Interaction of EIS and DTR on a Gain In Spain

Postby CashingOut » Mon Sep 18, 2017 12:20 pm

Most kind, thank you.


Return to “Capital Gains Tax, CGT”