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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. Section 122: sale for reasons outside farmer's control

Section 123 | Section 122: sale for reasons outside farmer's control

From legislation.gov.uk

(1)This section applies for the purposes of section 116, as applied by section 122(2).

(2)If—

(a)the farmer was compelled to sell the part of the herd for reasons wholly outside the farmer's control, and

(b)an animal (“the new animal”) that replaces an animal sold (“the old animal”) is of worse quality than the old animal,

the amount brought into account as a receipt under section 116 must not exceed the equivalent amount for the new animal.

(3)If, immediately before it was added to the herd, the new animal was part of the farmer's trading stock, “the equivalent amount for the new animal” means—

(a)in the case of an animal bred by the farmer, the cost of breeding the animal and rearing it to maturity, and

(b)in any other case, the sum of the initial cost of acquiring the animal and the cost (if any) incurred by the farmer in rearing the animal to maturity.

(4)Otherwise “the equivalent amount for the new animal” means the cost of the new animal.

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