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Legislation
Taxation of Chargeable Gains Act 1992

Chapter I Miscellaneous provisions

  • Section 58 Spouses and civil partners.
  • Section 59 Partnerships.
  • Section 59A Limited liability partnerships.
  • Section 59AA Limited liability partnerships: deemed disposal
  • Section 59B Alternative investment fund managers (1)
  • Section 59C Alternative investment managers (2)
  • Section 60 Nominees and bare trustees.
  • Section 61 Funds in court.
  • Section 62 Death: general provisions.
  • Section 63 Death: application of law in Scotland.
  • Section 63A Death: application of law in Northern Ireland
  • Section 64 Expenses in administration of estates and trusts.
  • Section 65 Liability for tax of trustees or personal representatives.
  • Section 66 Insolvents’ assets.
  • Section 67 Provisions applicable where section 79 of the Finance Act 1980 has applied.
  1. Chapter I · Miscellaneous provisions
  2. Limited liability partnerships: deemed disposal

Section 59AA | Limited liability partnerships: deemed disposal F1

From legislation.gov.uk

(1)This section applies where—

(a)a member of a limited liability partnership (the “LLP”) contributed an asset to the LLP in circumstances where section 59A(1) applied in relation to the LLP, and

(b)the LLP disposes of the asset, or part of the asset, to the member, or a person connected with the member, in circumstances where section 59A(1) has ceased to apply in relation to the LLP.

(2)The asset is deemed to have been disposed of and reacquired by the member—

(a)immediately before it was contributed to the LLP, and

(b)for a consideration equal to its market value at that time.

(3)But—

(a)any chargeable gain or allowable loss accruing under subsection (2) is to be treated as accruing at the time the asset, or part of the asset, is disposed of by the LLP (as described in subsection (1)(b)), and

(b)for the purposes of Schedule 2 to the Finance Act 2019 (returns for disposals of UK land), the disposal under subsection (2) is to be treated as completed at that time.

(4)Any chargeable gain accruing on the deemed disposal is to be reduced by an amount that is just and reasonable, having regard to any chargeable gain that has otherwise accrued to the member by reference to the asset or part of the asset.

Notes

  1. F1

    S. 59AA inserted (with effect in accordance with s. 80(2) of the amending Act) by Finance Act 2025 (c. 8), s. 80(1)

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