Budget 2024: Reform to the taxation of carried interest

Key changes announced

• From 6 April 2025, the tax rate on carried interest qualifying for capital gains treatment will rise to 32% (currently 18% for gains within a taxpayer’s unused basic rate band and 28% for all other taxpayers).
• From 6 April 2026, all carried interest (both capital and income) will be taxed as deemed trading income and be subject to income tax and Class 4 National Insurance Contributions (at rates of up to 47%). However, qualifying carried interest will benefit from a 72.5% multiplier, reducing the tax rate to approximately 34%.
• Carried interest will be “qualifying” where it meets the existing 40-month average holding period test and potentially two new conditions that the government are now consulting on. The two new conditions are a minimum co-investment commitment, and minimum holding period between the award of the right to receive carried interest and the receipt of carried interest.
• A proposed amendment to the Income-Based Carried Interest (IBCI) rules  that will mean carried interest that is received by employees and directors as employment related securities are no longer excluded from the “40-month average holding period” test and related aspects of the IBCI rules for loan origination funds.

Impacts of the changes

Whilst the change from 6 April 2026 brings all carried interest within the charge of income tax and Class 4 National Insurance Contributions as trading income, the underlying nature of the returns received by carry holders (e.g. capital gain, dividend, interest) will no longer need to be considered. This should not only simplify the regime from an administrative and structuring perspective, but it could also reduce the tax rate payable where returns are primarily interest or dividends. 

Unfortunately no grandfathering or transitional rules have been proposed for existing structures, so these will apply equally to existing and new funds. This is because the government considers that the proposals do not impose new conditions or requirements that could not reasonably have been foreseen when existing funds were established.

It is expected that qualifying carried interest that relates to non-UK services performed by executives should benefit from relief under the new four-year foreign income and gains regime that was also announced in the Autumn Budget.

What to expect next

The government has launched a consultation process on the IBCI conditions that should apply for qualifying carried interest, which will close on 31 January 2025.

We expect the findings of this consultation and the draft legislation to be released later in 2025.

How Buzzacott can help

If you have any questions about the changes and how they will impact you or your fund structure, please fill out the form below and one of our experts will be in touch.