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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading General provisions

  • Section 21 Assets and disposals.
  • Section 22 Disposal where capital sums derived from assets.
  • Section 23 Receipt of compensation and insurance money not treated as a disposal.
  • Section 24 Disposals where assets lost or destroyed, or become of negligible value.
  • Section 24A Structures and buildings contributions allowances: destruction of asset
  • Section 25 Non-residents: deemed disposals.
  • Section 25ZA Postponing gain or loss under section 25(3): interests in UK land
  • Section 25A Long funding leases of plant or machinery: deemed disposals
  • Section 26 Mortgages and charges not to be treated as disposals.
  • Section 26A Transfers in respect of dormant assets
  • Section 27 Disposals in cases of hire-purchase and similar transactions.
  • Section 28 Time of disposal and acquisition where asset disposed of under contract.
  • Section 28A Contracts completed after ordinary notification period
  1. General provisions
  2. Structures and buildings contributions allowances: destruction of asset

Section 24A | Structures and buildings contributions allowances: destruction of asset F1

From legislation.gov.uk

(1)This section applies if—

(a)there is a deemed disposal of an asset by a person (“P”) under section 24(1),

(b)the asset is an interest in a building or structure which is “an interest in UK land” (as defined in section 1C) or an equivalent interest in land outside the United Kingdom,

(c)a contribution allowance under Part 2A of CAA 2001 (see section 538A of that Act) has been made to another person (“C”) by reference to C’s contribution to expenditure in relation to the building or structure, and

(d)C does not have an interest in the building or structure which is “an interest in UK land” for the purposes of section 1C.

(2)C may make a claim for this Act to have effect as if an allowable loss equal to the unclaimed allowance amount had accrued to C on the deemed disposal of the asset by P.

(3)For the purposes of this section, the “unclaimed allowance amount” in relation to a contribution allowance under Part 2A of CAA 2001, is the amount of the difference between—

(a)the qualifying contribution amount, and

(b)the amount of the contribution allowance to which an entitlement arose (or would have arisen if the conditions in section 270AA(2) of that Act had been met at all times since an entitlement to the contribution allowance first arose) before the deemed disposal under section 24(1).

(4)For the purposes of subsection (3), the “qualifying contribution amount” is the amount of C’s contribution to expenditure in respect of which the contribution allowance is available (see sections 270AA and 538A of that Act), if and to the extent that the expenditure is not allowable under section 38 as a deduction in computing the gain accruing to P on the deemed disposal.

(5)A claim under this section must—

(a)include information identifying the building or structure by reference to which the contribution allowance was made, and

(b)specify the unclaimed allowance amount.

Notes

  1. F1

    S. 24A inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 4(3)

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