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Legislation
Capital Gains Tax Act 1979 (repealed 6.3.1992)

Crossheading Replacement of business assets

  • Section 115 Roll-over relief.
  • Section 116 Assets only partly replaced.
  • Section 117 New assets which are depreciating assets.
  • Section 118 Relevant classes of assets.
  • Section 119 Assets of Class 1.
  • Section 120 Trade carried on by family company: business assets dealt with by individual.
  • Section 121 Activities other than trades, and interpretation.
  1. Replacement of business assets
  2. Assets only partly replaced.

Section 116 | Assets only partly replaced.

From legislation.gov.uk

(1)Section 115(1) above shall not apply if part only of the amount or value of the consideration for the disposal of, or of the interest in, the old assets is applied as described in that subsection, but if all of the amount or value of the consideration except for a part which is less than the amount of the gain (whether all chargeable gain or not) accruing on the disposal of, or of the interest in, the old assets is so applied, then the person carrying on the trade, on making a claim as respects the consideration which has been so applied, shall be treated for the purposes of this Act—

(a)as if the amount of the gain so accruing were reduced to the amount of the said part (and, if not all chargeable gain, with a proportionate reduction in the amount of the chargeable gain), and

(b)as if the amount or value of the consideration for the acquisition of, or of the interest in, the new assets were reduced by the amount by which the gain is reduced (or as the case may be the amount by which the chargeable gain is proportionately reduced) under paragraph (a) of this subsection,

but neither paragraph (a) nor paragraph (b) above shall affect the treatment for the purposes of this Act of the other party to the transaction involving the old assets, or of the other party to the transaction involving the new assets.

(2)Subsections (3) to (9) of section 115 above shall apply as if this section formed part of that section.

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