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. Claims for relief in respect of subsequent disposals

Section 169SH | Claims for relief in respect of subsequent disposals F1

From legislation.gov.uk

(1)Where, as a result of an election under section 169SD, a chargeable gain is to be treated as accruing on a subsequent disposal, the following rules have effect.

(2)The individual making the subsequent disposal must make a claim for business asset disposal relief on or before the first anniversary of the 31 January following the first tax year in which, as a result of the election, the chargeable gain is to be treated as accruing.F2

(3)The chargeable gain is to be treated for the purposes of section 169N as the amount resulting from a calculation under subsection (1) of that carried out when that chargeable gain accrues and because of the claim mentioned in subsection (2).

(4)If the chargeable gain is a part only of the notional gain, each chargeable gain that subsequently accrues is to be treated for the purposes of section 169N as the amount resulting from a calculation under subsection (1) of that section carried out when that chargeable gain arises and because of the claim mentioned in subsection (2).

(5)In relation to the claim for business asset disposal relief in respect of the chargeable gain, the company is to be treated for the purposes of condition A in section 169I(6) as if it were, throughout the period of 2 years ending with the date of the subsequent disposal, the individual's personal company.F2

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

  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))

PreviousNext
PrivacyTerms