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Legislation
Capital Gains Tax Act 1979 (repealed 6.3.1992)

Crossheading Computation of gains

  • Section 30 Introductory.
  • Section 31 Consideration chargeable to tax on income.
  • Section 32 Expenditure: general.
  • Section 32A Expenditure: amounts to be included as consideration.
  • Section 33 Exclusion of expenditure by reference to tax on income.
  • Section 33A (1) Where there is a transfer of securities within the...
  • Section 34 Restriction of losses by reference to capital allowances and renewals allowances.
  • Section 35 Part disposals.
  • Section 36 Assets derived from other assets.
  • Section 37 Wasting assets.
  • Section 38 Wasting assets: straightline restriction of allowable expenditure.
  • Section 39 Wasting assets qualifying for capital allowances.
  • Section 40 Consideration due after time of disposal.
  • Section 41 Contingent liabilities.
  • Section 42 Expenditure reimbursed out of public money.
  • Section 43 Supplemental.
  1. Computation of gains
  2. Wasting assets: straightline restriction of allowable expenditure.

Section 38 | Wasting assets: straightline restriction of allowable expenditure.

From legislation.gov.uk

(1)In the computation under this Chapter of the gain accruing on the disposal of a wasting asset it shall be assumed—

(a)that any expenditure attributable to the asset under section 32(1)(a) above after deducting the residual or scrap value, if any, of the asset, is written off at a uniform rate from its full amount at the time when the asset is acquired or provided to nothing at the end of its life, and

(b)that any expenditure attributable to the asset under section 32(1)(b) above is written off from the full amount of that expenditure at the time when that expenditure is first reflected in the state or nature of the asset to nothing at the end of its life,

so that an equal daily amount is written off day by day.

(2)Thus, calling the predictable life of a wasting asset at the time when it was acquired or provided by the person making the disposal L, the period from that time to the time of disposal T(1), and, in relation to any expenditure attributable to the asset under section 32(1)(b) above, the period from the time when that expenditure is first reflected in the state or nature of the asset to the said time of disposal T(2), there shall be excluded from the computation under this Chapter—

(a)out of the expenditure attributable to the asset under section section 32(1)(a) above a fraction

Formula

T(1)L

of an amount equal to the amount of that expenditure minus the residual or scrap value, if any, of the asset, and

(b)out of the expenditure attributable to the asset under section section 32(1)(b) above a fraction

Formula

T(2)L-(T(1)-T(2))

of the amount of the expenditure.

(3)If any expenditure attributable to the asset under section 32(1)(b) above creates or increases a residual or scrap value of the asset, the provisions of subsection (1)(a) above shall be applied so as to take that into account.

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