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Legislation
Taxation of Chargeable Gains Act 1992

Chapter II Gifts of business assets

  • Section 165 Relief for gifts of business assets.
  • Section 165A Meaning of “holding company”, “trading company” and “trading group”
  • Section 166 Gifts to non-residents.
  • Section 167 Gifts to foreign-controlled companies.
  • Section 167A Gifts of direct or indirect interests in UK land to non-residents
  • Section 168 Emigration of donee.
  • Section 168A Postponing held-over gain: interests in UK land
  • Section 169 Gifts into dual resident trusts.
  • Section 169A Cessation of trade by limited liability partnership
  • Section 169B Gifts to settlor-interested settlements etc
  • Section 169C Clawback of relief if settlement becomes settlor-interested etc
  • Section 169D Exceptions to sections 169B and 169C
  • Section 169E Meaning of “settlor” in sections 169B to 169D and 169G
  • Section 169F Meaning of “interest in a settlement” in sections 169B to 169D
  • Section 169G Meaning of “arrangement” in sections 169B to 169E and information power
  1. Chapter II · Gifts of business assets
  2. Postponing held-over gain: interests in UK land

Section 168A | Postponing held-over gain: interests in UK land F1

From legislation.gov.uk

(1)This section applies if—

(a)an interest in UK land is deemed to have been disposed of under section 168(1) by a transferee at any time, and

(b)the transferee makes an election under this subsection.

(2)The held-over gain (within the meaning of section 165 or 260) that, but for this subsection, would have accrued to the transferee at that time is not to accrue at that time.

(3)But, on a subsequent disposal by the transferee of the whole or part of the interest in UK land, the whole or a corresponding part of the held-over gain is treated as accruing on the subsequent disposal.

(4)This gain is in addition to any gain or loss that actually accrues on the subsequent disposal.

(5)In this section “interest in UK land” has the meaning given by section 1C.

Notes

  1. F1

    S. 168A substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 57

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