RE: Tax treatment of DCU payments2 Apr 2024 12:37
Part 1 - I’m just posting this here for ease of reference, I’ll post my point relating to this next to keep it cleaner.
CGT details copied from page 81 of the scheme document that I mentioned before (I have deleted references to Corporation tax that won’t apply to PIs to keep it simple):
“To the extent that a UK Holder receives Class II DCUs in exchange for their Hurricane Shares, that UK Holder will be treated as making a part disposal of Hurricane Shares for a consideration equal to the market value of the Class II DCUs at the Effective Date (i.e. the value of the UK Holder’s right to a future DCU Cash Amount).
This may, depending on the UK Holder’s individual circumstances (including the UK Holder’s base cost in their holding of Hurricane Shares, and the availability of any exemptions, reliefs or allowable losses), give rise to a liability to UK tax on capital gains.
When that UK Holder receives a payment pursuant to their Class II DCUs (or sells their Class II DCUs), this will be treated as a part (or whole) disposal of those Class II DCUs and may depending on the UK Holder’s individual circumstances (including the UK Holder’s base cost in their holding of the Class II DCUs, and the availability of any exemptions, reliefs or allowable losses), give rise to a liability to UK tax on capital gains. If the actual DCU Cash Amount received by the UK Holder pursuant to their Class II DCUs (or the amount for which they sell their Class II DCUs) is less than the market value of the Class II DCUs at the Effective Date which has been brought into account for tax purposes as part of the initial disposal proceeds of the Hurricane Shares, there may be a capital loss for capital gains purposes.”