Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Taxation of Chargeable Gains Act 1992

Chapter 3A business asset disposal relief where company ceases to be individual's personal company

  • Section 169SB Overview of Chapter
  • Section 169SC Election by individual where company ceases to be personal company
  • Section 169SD Supplementary election to defer gains until subsequent disposal
  • Section 169SE Application of section 169SD where section 116 applies
  • Section 169SF Application of section 169SD where sections 127 to 130 apply
  • Section 169SG Elections under sections 169SC and 169SD
  • Section 169SH Claims for relief in respect of subsequent disposals
  1. Chapter 3A
  2. Application of section 169SD where section 116 applies

Section 169SE | Application of section 169SD where section 116 applies F1

From legislation.gov.uk

(1)This section has effect in any case where a transaction occurs to which section 116 (reorganisations, conversions and reconstructions) applies.

(2)If sections 116(10)(b) and 169SD(1)(b) have effect in relation to a subsequent disposal of the new asset—

(a)there must be calculated the chargeable gain that would have been treated by section 169SD(1)(b) as accruing to the individual if, at the time of the relevant transaction, the old asset had been disposed of immediately before that transaction,

(b)the whole or a corresponding part of the chargeable gain mentioned in paragraph (a) is to be treated as accruing on the subsequent disposal of the whole or part of the new asset (in addition to any gain or loss that actually accrues on that disposal and any chargeable gain treated by section 116(10)(b) as accruing on that disposal), and

(c)on that subsequent disposal, section 115 (exemptions for gilt-edged securities and qualifying corporate bonds) has effect only in relation to any gain that actually accrues and not in relation to any gain which is treated as accruing by virtue of paragraph (b).

(3)In subsection (2) “the new asset”, “the old asset” and “the relevant transaction” have the same meanings as in section 116.

Notes

  1. F1

    Pt. 5 Ch. 3A inserted (with effect in accordance with Sch. 16 para. 4(5) of the amending Act) by Finance Act 2019 (c. 1), Sch. 16 para. 3

PreviousNext
PrivacyTerms