Taxation of Chargeable Gains Act 1992 section 188I

Joint and several liability of responsible members

Section 188I established rules making certain responsible members of a non-resident group jointly and severally liable for capital gains tax charges arising on disposals of UK property interests, though this section has now been repealed.

  • Section 188I was part of a suite of provisions (sections 188Aโ€“188K) introduced by Finance Act 2015 to tax non-UK residents on disposals of UK property interests made on or after 6 April 2015.
  • The section imposed joint and several liability on designated "responsible members" within a non-resident group, meaning that HMRC could pursue any one or more of those members for the full amount of tax owed on a relevant disposal.
  • The entire suite of sections 188Aโ€“188K was removed from the legislation by Finance Act 2019, as part of a broader restructuring of how chargeable gains accruing to non-UK residents are taxed.
  • The repeal took effect for capital gains tax purposes from the 2019โ€“20 tax year onwards, and for corporation tax purposes for accounting periods beginning on or after 6 April 2019.

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