The Co-ownership Contractual Schemes (Tax) Regulations 2025
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Change 1
26 Gains accruing on deemed disposals
(1) This regulation applies if a disposal of units in a RIF is deemed to have been made by a person at any time under regulations 15(3), 16(4), 18(4), 19(2) or, where the disposal has occurred because the RIF ceased to meet one or more of the qualifying conditions, 25(1). (2) Any gain (“the deemed gain”) accruing to the person on the deemed disposal is treated as accruing to the person in accordance with this regulation. (3) If, at the time of the deemed disposal or a subsequent time, the person actually disposes of a unit in the scheme, the appropriate portion of the deemed gain is treated as accruing to the person at the time of the actual disposal. (4) For this purpose “the appropriate portion” means the proportion which the consideration for the actual disposal bears to the amount of the deemed gain. (5) If some of the deemed gain has accrued on one or more previous occasions, the appropriate portion is restricted so that, when added to the appropriate portion or portions on the previous occasion or occasions, it does not exceed 100%. (6) In determining the appropriate proportion, so much, if any, of the consideration for the actual disposal as exceeds the amount of the deemed gain is to be ignored. (7) The remainder of the deemed gain is treated as accruing to the person (unless the whole amount has already accrued)— (a) where there is a deemed disposal under regulations 16(4), 18(4) or 19(2) at the earlier of— (i) the RIF being wound up, or (ii) the date in the exit notice given in relation to the RIF; (b) where there is a deemed disposal under regulations 15(3) or, where the disposal has occurred because the RIF ceased to meet one or more of the qualifying conditions, 25(1) the earlier of— (i) the end of the period of three years beginning with the time of the deemed disposal, (ii) the RIF being wound up, or (iii) the date in the exit notice given in relation to the RIF.
26 Gains accruing on deemed disposals
(1) This regulation applies if a disposal of units in a RIF is deemed to have been made by a person at any time under regulations 15(3), 16(4), 18(4), 19(2) or, where the disposal has occurred because the RIF ceased to meet one or more of the qualifying conditions, 25(1). (2) Any gain (“the deemed gain”) accruing to the person on the deemed disposal is treated as accruing to the person in accordance with this regulation. (3) If, at the time of the deemed disposal or a subsequent time, the person actually disposes of a unit in the scheme, the appropriate portion of the deemed gain is treated as accruing to the person at the time of the actual disposal. (4) For this purpose “the appropriate portion” means the proportion which the consideration for the actual disposal bears to the amount of the deemed gain. (5) If some of the deemed gain has accrued on one or more previous occasions, the appropriate portion is restricted so that, when added to the appropriate portion or portions on the previous occasion or occasions, it does not exceed 100%. (6) In determining the appropriate proportion, so much, if any, of the consideration for the actual disposal as exceeds the amount of the deemed gain is to be ignored. (7) The remainder of the deemed gain is treated as accruing to the person (unless the whole amount has already accrued)— (a) where there is a deemed disposal under regulations 16(4), 18(4) or 19(2) at the earlier of— (i) the RIF being wound up, or (ii) the date in the exit notice given in relation to the RIF; (b) where there is a deemed disposal under regulations 15(3) or, where the disposal has occurred because the RIF ceased to meet one or more of the qualifying conditions, 25(1) the earlier of— (i) the end of the period of three years beginning with the time of the deemed disposal, (ii) the RIF being wound up, or (iii) the date in the exit notice given in relation to the RIF.
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