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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 part sold begun within 5 years of sale

Section 122 | Replacement of part sold begun within 5 years of sale

From legislation.gov.uk

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

(a)either all at once or over a period not longer than 12 months, a substantial part of the herd is sold, and

(b)the farmer acquires or starts to acquire animals to replace the part sold within 5 years of the sale.

(2)Section 116 (replacement of animals in herd) applies so far as the animals included in the part sold are replaced (but see section 123 (sale for reasons outside farmer's control)).

(3)The sale proceeds of an animal included in the part sold are not brought into account as a receipt until the animal that replaces it in the herd is acquired.

(4)If some of the animals included in the part sold are not replaced—

(a)a profit arising from their sale is not brought into account as a receipt, and

(b)no deduction is allowed for a loss arising from their sale.

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