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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. Contracts completed after ordinary notification period

Section 28A | Contracts completed after ordinary notification period F1

From legislation.gov.uk

(1)This section applies in relation to chargeable gains or allowable losses accruing on the disposal and acquisition of an asset under a contract where the asset is conveyed or transferred after the ordinary notification period relating to the chargeable period in which the asset was disposed of and acquired in accordance with section 28.

(2)The following references are to be read as references to the chargeable period in which the conveyance or transfer takes place—

(a)the references in section 7(1C) of the Management Act (income tax and capital gains tax: period for giving notice of chargeability) to the year of assessment;

(b)the references in sections 34(1) and 36(1) and (1A) of the Management Act (income tax and capital gains tax: time limits for assessments) to the year of assessment to which an assessment relates;

(c)the reference in section 43(1) of the Management Act (income tax and capital gains tax: time limit for making claims) to the year of assessment to which a claim relates;

(d)the reference in paragraph 2(2) of Schedule 18 to the Finance Act 1998 (corporation tax: period for giving notice of chargeability) to the accounting period;

(e)the references in paragraph 46(1), (2) and (2A) of Schedule 18 to the Finance Act 1998 (corporation tax: time limits for assessments) to the accounting period to which an assessment relates;

(f)the reference in paragraph 55 of Schedule 18 to the Finance Act 1998 (general time limit for making claims) to the accounting period to which a claim for relief relates.

(3)For the purposes of subsection (1), the “ordinary notification period” relating to a chargeable period is—

(a)in the case of capital gains tax, the period of 6 months from the end of the chargeable period, and

(b)in the case of corporation tax, the period of 12 months from the end of the chargeable period.

(4)Where a claim, election, application or notice is made, given, revoked or varied by virtue of this section, all such adjustments shall be made, whether by way of discharge or repayment of tax or the making of amendments, assessments or otherwise, as are required to take account of the effect of the taking of that action on any person’s liability to tax for any chargeable period.

Notes

  1. F1

    S. 28A inserted (with effect in accordance with s. 40(2) of the amending Act) by Finance (No. 2) Act 2023 (c. 30), s. 40(1)

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