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Posted Mon, 23 Oct 2023 19:45:34 GMT by
Hello, For the acquisitions and disposals of future contracts of the same specification, in a recognised exchange, should I follow the pooling rules of shares (same day, bed and breakfast, section 104) or each future contract is treated as separate assets? From my understanding future contract don't have a acquisition cost (except broker commissions) and gain and loss are only determined when closing the contract according the different in the contract value. If I am required to mix acquisitions in a section 104 pool, how should I do the caluclation?
Posted Thu, 26 Oct 2023 15:34:11 GMT by HMRC Admin 20 Response
Hi Alex Pun,

A S104 holding is a pool of shares of the same class in the same company.  
Please refer to CG51575 - Share identification rules for capital gains tax from 6.4.2008: the Section 104 holding in detail for more detail about a S104 holding,
and also CG51560 - Share identification rules for capital gains tax from 6.4.2008: the “same day” and “bed and breakfast” identification rules for guidance on the 'bed and breakfasting' rules. Also CG51575 - Share identification rules for capital gains tax from 6.4.2008: the Section 104 holding in detail

Thank you."
Posted Thu, 26 Oct 2023 19:26:00 GMT by
Hello HMRC Admin 20, Thanks for the reply. I have read the links about company shares pooling, but my enquiry is about future contracts. TCGA92/S104(3)(ii) seems suggest that the future contracts of the same class are also subject to pooling, could you clarify on that please? Thank you.
Posted Wed, 01 Nov 2023 07:33:23 GMT by HMRC Admin 25 Response
Hi Alex Pun,
Share identification rules are intended to apply to all fungible assets, such as shares, securities & foreign currency.
CG50220 refers. 
CG50220 - Definitions: meaning of ‘security’ and ‘securities’
This also applies to future contracts as well.
Thank you. 

 

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