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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. Reorganisations: disapplication of section 127

Section 169Q | Reorganisations: disapplication of section 127 F1

From legislation.gov.uk

(1)This section applies where—

(a)there is a reorganisation (within the meaning of section 126), and

(b)the original shares and the new holding (within the meaning of that section) would fall to be treated by virtue of section 127 as the same asset.

(2)If an election is made under this section, a claim for business asset disposal relief may be made as if the reorganisation involved a disposal of the original shares; and if such a claim is made section 127 does not apply.F2

(3)An election under this section must be made—

(a)if the reorganisation would (apart from section 127) involve a disposal of trust business assets, jointly by the trustees and the qualifying beneficiary, and

(b)otherwise, by the individual.

(4)An election under this section must be made on or before the first anniversary of the 31 January following the tax year in which the reorganisation takes place.

(5)The references in this section to a reorganisation (within the meaning of section 126) includes an exchange of shares or securities which is treated as such a reorganisation by virtue of section 135 or 136.

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 Act substituted (with effect for the tax year 2020-21 and subsequent tax years) by Finance Act 2020 (c. 14), Sch. 3 paras. 7(2)(a), 8 (with Sch. 3 para. 7(3))

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