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Contents

Legislation
Taxation of Chargeable Gains Act 1992

Crossheading General

  • Section 52A Chapter to apply only for corporation tax purposes
  • Section 53 The indexation allowance and interpretative provisions.
  • Section 54 Calculation of indexation allowance.
  • Section 55 Assets owned on 31st March 1982 or acquired on a no gain/no loss disposal.
  • Section 56 Part disposals and disposals on a no-gain/no-loss basis.
  • Section 57 Receipts etc. which are not treated as disposals but affect relevant allowable expenditure.
  1. General
  2. The indexation allowance and interpretative provisions.

Section 53 | The indexation allowance and interpretative provisions.

From legislation.gov.uk

(1)Subject to any provision to the contrary, if on the disposal of an asset there is an unindexed gain, an allowance (“the indexation allowance”) shall be allowed against the unindexed gain—F1

(a)so as to give the gain for the purposes of this Act, orF1

(b)if the indexation allowance equals or exceeds the unindexed gain, so as to extinguish it (in which case the disposal shall be one on which, after taking account of the indexation allowance, neither a gain nor a loss accrues);F1

and any reference in this Act to an indexation allowance or to the making of an indexation allowance shall be construed accordingly.

(1A)RepealedF2

(1B)Indexation allowance is not allowed in respect of changes shown by the retail prices indices for months after December 2017.F3

(2)For the purposes of this Chapter, in relation to any disposal of an asset—F4

(a)“unindexed gain” means the amount of the gain on the disposal computed in accordance with this Part; andF5

(b)“relevant allowable expenditure” means, subject to subsection (3) below, any sum which, in the computation of the unindexed gain was taken into account by virtue of paragraph (a) or paragraph (b) of section 38(1).F6

(2A)Notwithstanding anything in section 16 of this Act, this section shall not apply to a disposal on which a loss accrues.F7

(3)In determining what sum (if any) was taken into account as mentioned in subsection (2)(b) above, account shall be taken of any provision of any enactment which, for the purpose of the computation of the gain, increases, excludes or reduces the whole or any part of any item of expenditure falling within section 38 or provides for it to be written-down.

(4)Sections 54 and 108 and this section have effect subject to sections 56, 57, 109, 110 ... , 113, 131 and 145.F8

Notes

  1. F1

    Words in s. 53(1) substituted (with effect in accordance with s. 93(11) of the amending Act) by Finance Act 1994 (c. 9), s. 93(1) (with Sch. 12)

  2. F2

    S. 53(1A) omitted (with effect in accordance with Sch. 2 para. 83 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 79(a)

  3. F3

    S. 53(1B) inserted (with effect in accordance with s. 26(6)(7) of the amending Act) by Finance Act 2018 (c. 3), s. 26(2)

  4. F4

    Words in s. 53(2) substituted (with effect in accordance with s. 93(11) of the amending Act) by Finance Act 1994 (c. 9), s. 93(2)(a) (with Sch. 12)

  5. F5

    S. 53(2)(a) substituted (with effect in accordance with s. 93(11) of the amending Act) by Finance Act 1994 (c. 9), s. 93(2)(b) (with Sch. 12)

  6. F6

    Word in s. 53(2)(b) substituted (with effect in accordance with s. 93(11) of the amending Act) by Finance Act 1994 (c. 9), s. 93(2)(c) (with Sch. 12)

  7. F7

    S. 53(2A) inserted (with effect in accordance with s. 93(11) of the amending Act) by Finance Act 1994 (c. 9), s. 93(3) (with Sch. 12)

  8. F8

    Word in s. 53(4) omitted (with effect in accordance with Sch. 2 para. 83 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 79(b)

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