Taxation of Chargeable Gains Act 1992 section 261E

Meaning of "the maximum amount" for purposes of section 261D

Section 261E defines "the maximum amount" โ€” a cap used when converting excess post-cessation trade or property relief into a capital gains tax loss under section 261D.

  • The maximum amount is the figure on which a person would be chargeable to capital gains tax for the year, calculated before certain deductions and reliefs are applied.
  • Allowable losses brought forward from earlier years are ignored when calculating the maximum amount.
  • The annual exempt amount (the tax-free allowance for capital gains) is also left out of the calculation.
  • Any relief already claimed under section 261B (trade losses treated as CGT losses) or section 261D (post-cessation relief treated as CGT losses) is similarly disregarded.

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