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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading General provisions

  • Section 68 Meaning of “settled property".
  • Section 68A Meaning of “settlor”
  • Section 68B Transfer between settlements: identification of settlor
  • Section 68C Variation of will or intestacy, etc: identification of settlor
  • Section 69 Trustees of settlements.
  • Section 69A Sub-fund settlements
  • Section 70 Transfers into settlement.
  • Section 71 Person becoming absolutely entitled to settled property.
  • Section 72 Termination of life interest on death of person entitled.
  • Section 73 Death of life tenant: exclusion of chargeable gain.
  • Section 74 Effect on sections 72 and 73 of relief under section 165 or 260.
  • Section 75 Death of annuitant.
  • Section 76 Disposal of interests in settled property.
  • Section 76A Disposal of interest in settled property: deemed disposal of underlying assets.
  • Section 76B Transfers of value by trustees linked with trustee borrowing.
  • Section 77 Charge on settlor with interest in settlement.
  • Section 78 Right of recovery.
  • Section 79 Provisions supplemental to sections 77 and 78.
  • Section 79A Restriction on set-off of trust losses.
  • Section 79B Attribution to trustees of gains of non-resident companies.
  1. General provisions
  2. Effect on sections 72 and 73 of relief under section 165 or 260.

Section 74 | Effect on sections 72 and 73 of relief under section 165 or 260.

From legislation.gov.uk

(1)This section applies where—

(a)a claim for relief was made under section 165 or 260 in respect of the disposal of an asset to a trustee, and

(b)the trustee is deemed to have disposed of the asset, or part of it, by virtue of section 71(1) or 72(1)(a).

(2)Sections 72(1)(b) and 73(1)(a) shall not apply to the disposal of the asset or part by the trustee, but any chargeable gain accruing to the trustee on the disposal shall be restricted to the amount of the held-over gain (or a corresponding part of it) on the disposal of the asset to him.

(3)Subsection (2) above shall not have effect in a case within section 73(2) but in such a case the reduction provided for by section 73(2) shall be diminished by an amount equal to the proportion there mentioned of the held-over gain.

(4)In this section “held-over gain” has the same meaning as in section 165 or, as the case may be, 260.

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