Section 109 | Part disposal: consideration exceeding allowable expenditure.

(1)The provisions of sections 107(2) and 108(2) above shall have effect subject to this section.

(2)Where the allowable expenditure is less than the consideration for the part disposal (or is nil)—

(a)the said provisions shall not apply, and

(b)if the recipient so elects (and there is any allowable expenditure)—

(i)the consideration for the part disposal shall be reduced by the amount of the allowable expenditure, and

(ii)none of that expenditure shall be allowable as a deduction in computing a gain accruing on the occasion of the part disposal or on any subsequent occasion.

In this subsection “allowable expenditure” means expenditure which, immediately before the part disposal, was attributable to the holding of land under paragraphs (a) and (b) of section 32(1) above.