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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading The herd basis rules

  • Section 114 Initial cost of herd and value of herd
  • Section 115 Addition of animals to herd
  • Section 116 Replacement of animals in herd
  • Section 117 Amount of receipt if old animal slaughtered under disease control order
  • Section 118 Sale of animals from herd
  • Section 119 Sale of whole or substantial part of herd
  • Section 120 Acquisition of new herd begun within 5 years of sale
  • Section 121 Section 120: sale for reasons outside farmer's control
  • Section 122 Replacement of part sold begun within 5 years of sale
  • Section 123 Section 122: sale for reasons outside farmer's control
  1. The herd basis rules
  2. Replacement of animals in herd

Section 116 | Replacement of animals in herd

From legislation.gov.uk

(1)This section applies for the purpose of calculating the profits of the trade if—

(a)an animal (“the old animal”) is sold from the herd or otherwise ceases to be part of the herd, and

(b)it is replaced in the herd by another animal (“the new animal”).

(2)The sale proceeds (if any) of the old animal are brought into account as a receipt.

(3)But this needs to be read with—

(a)section 117 (amount of receipt if old animal slaughtered under disease control order),

(b)section 120 (acquisition of new herd begun within 5 years of sale), and

(c)section 122 (replacement of part sold begun within 5 years of sale).

(4)Except so far as otherwise allowable, a deduction is allowed under this section for the cost of the new animal.

(5)But if the new animal is of better quality than the old animal, the amount of the deduction must not exceed the amount that it would have been necessary to spend to replace the old animal with an animal of the same quality.

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