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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Restrictions on buying losses or gains etc

  • Section 184A Restrictions on buying losses: tax avoidance schemes
  • Section 184B Restrictions on buying gains: tax avoidance schemes
  • Section 184C Sections 184A and 184B: meaning of “qualifying change of ownership”
  • Section 184D Sections 184A and 184B: meaning of “tax advantage”
  • Section 184E Sections 184A and 184B: “pre-change assets”: basic rules
  • Section 184F Sections 184A and 184B: “pre-change assets”: pooling rules
  • Section 184G Avoidance involving losses: schemes converting income to capital
  • Section 184H Avoidance involving losses: schemes securing deductions
  • Section 184I Notices under sections 184G and 184H
  1. Restrictions on buying losses or gains etc
  2. Sections 184A and 184B: “pre-change assets”: pooling rules

Section 184F | Sections 184A and 184B: “pre-change assets”: pooling rules F1

From legislation.gov.uk

(1)This section applies, in the case of any pre-change asset of the relevant company or any pre-change asset of any company which is acquired on a disposal to which section 171(1) applies, if—F1

(a)the pre-change asset consists of a holding of securities which falls as a result of any provision of Chapter 1 of Part 4 to be regarded as a single asset (“the pre-change pooled asset”), andF1

(b)as a result of any disposal or acquisition at any time after the relevant time, any securities (“the other securities”) would (but for this section) be regarded as forming part of the pre-change pooled asset.F1

(2)None of the other securities are to be regarded for the purposes of this Act as forming part of the pre-change pooled asset.F1

(3)But this does not prevent the other securities from being regarded, as a result of any provision of that Chapter, as forming part of or constituting a different, single asset (“the other pooled asset”).F1

(4)Securities of the same class as the other securities which are disposed of at or after the relevant time—F1

(a)are to be identified first with the other securities or securities forming part of the other pooled asset,F1

(b)are to be identified next with securities forming part of the pre-change pooled asset (if the number of securities disposed of exceeds the number identified in accordance with paragraph (a)), andF1

(c)subject to paragraphs (a) and (b), are to be identified in accordance with the provisions applicable apart from those paragraphs.F1

(5)The above identification rules apply even if some or all of the securities disposed of are otherwise identified—F1

(a)by the disposal, orF1

(b)by a transfer or delivery giving effect to it;F1

but where a company disposes of securities in one capacity, they are not to be identified with securities which it holds, or can dispose of, only in some other capacity.

(6)Chapter 1 of Part 4 has effect subject to this section.F1

(7)In this section—F1

“pre-change asset” means an asset which is pre-change asset for the purposes of section 184A or 184B,

“securities” does not include relevant securities as defined in section 108 but, subject to that, means—

(a)shares or securities of a company, and

(b)any other assets where they are of a nature to be dealt in without identifying the particular assets disposed of or acquired.

(8)For the purposes of this section, shares or securities of a company are not to be treated as being of the same class unless—F1

(a)they are so treated by the practice of a recognised stock exchange, orF1

(b)they would be so treated if dealt with on a recognised stock exchange.F1

Notes

  1. F1

    Ss. 184A-184F and cross-heading inserted (with effect in accordance with s. 70(6)-(8) of the amending Act) by Finance Act 2006 (c. 25), s. 70(2) (with s. 70(10)-(11))

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