Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Taxation of Chargeable Gains Act 1992

Chapter 3 business asset disposal relief

  • Section 169H Introduction
  • Section 169I Material disposal of business assets
  • Section 169J Disposal of trust business assets
  • Section 169K Disposal associated with relevant material disposal
  • Section 169L Relevant business assets
  • Section 169LA Relevant business assets: goodwill transferred to a close company
  • Section 169M Relief to be claimed
  • Section 169N Amount of relief: general
  • Section 169O Amount of relief: special provisions for certain trust disposals
  • Section 169P Amount of relief: special provision for certain associated disposals
  • Section 169Q Reorganisations: disapplication of section 127
  • Section 169R Reorganisations involving acquisition of qualifying corporate bonds
  • Section 169S Interpretation of Chapter
  • Section 169SA Meaning of “trading company” and “trading group”
  1. Chapter 3 · business asset disposal relief
  2. Amount of relief: special provisions for certain trust disposals

Section 169O | Amount of relief: special provisions for certain trust disposals F1

From legislation.gov.uk

(1)This section applies where, on a disposal of trust business assets, there is (in addition to the qualifying beneficiary) at least one other beneficiary who, at the material time, has an interest in possession in—

(a)the whole of the settled property, or

(b)a part of it which consists of or includes the shares or securities (or interests in shares or securities) or assets (or interests in assets) disposed of.

(2)Only the relevant proportion of the amount which would otherwise result under subsection (1) of section 169N is to be treated as so resulting.

(3)And the balance of that amount, ... , is accordingly a chargeable gain for the purposes of this Act.F2

(4)For the purposes of this section “the relevant proportion” of an amount is the same proportion of the amount as that which, at the material time—

(a)the qualifying beneficiary's interest in the income of the part of the settled property comprising the shares or securities (or interests in shares or securities) or assets (or interests in assets) disposed of, bears to

(b)the interests in that income of all the beneficiaries (including the qualifying beneficiary) who then have interests in possession in that part of the settled property.

(5)In subsection (4) “the qualifying beneficiary's interest” means the interest by virtue of which he is the qualifying beneficiary (and not any other interest the qualifying beneficiary may have).

(6)In this section “the material time” means the end of the latest period of 2 years which ends not earlier than 3 years before the date of the disposal and—F3

(a)in the case of a disposal of settlement business assets within paragraph (a) of subsection (2) of section 169J, throughout which the conditions in paragraphs (a) and (b) of subsection (4) of that section are met, and

(b)in the case of a disposal of settlement business assets within paragraph (b) of subsection (2) of that section, throughout which the business is carried on by the qualifying beneficiary.

Notes

  1. F1

    Pt. 5 Ch. 3 inserted (with effect in accordance with Sch. 3 para. 5 of the amending Act) by Finance Act 2008 (c. 9), Sch. 3 para. 2 (with Sch. 3 paras. 6-8)

  2. F2

    Words in s. 169O(3) omitted (with effect in accordance with Sch. 1 para. 14 of the amending Act) by virtue of Finance (No. 2) Act 2010 (c. 31), Sch. 1 para. 6

  3. F3

    Words in s. 169O(6) substituted (with effect in accordance with Sch. 16 para. 4(1) of the amending Act) by Finance Act 2019 (c. 1), Sch. 16 para. 1(5)

PreviousNext
PrivacyTerms