Transfer of Assets Abroad and Section 13 TCGA

Mark Joscelyne, Tax Partner, CMS

These anti-avoidance provisions seek to prevent individuals avoiding tax by holding assets through non-UK resident structures. The European Commission considers the legislation to be incompatible with EU law and has requested that it be amended, presumably to prevent or restrict its application where the non-UK structures are in EU Member States. There will now be a consultation process, with a view to amendments being introduced in Finance Bill 2013. A consultation document and draft legislation will be published after the Budget. The changes may well go beyond addressing the EU law concerns, so will be of particular interest. The capital gains articles of double tax treaties have often been used to prevent the application of section 13 TCGA (attribution of capital gains) and so it will be interesting to see whether any attempt is made to introduce treaty override provisions.

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