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Legislation
Corporation Tax Act 2009

Crossheading The herd basis rules

  • Section 112 Initial cost of herd and value of herd
  • Section 113 Addition of animals to herd
  • Section 114 Replacement of animals in herd
  • Section 115 Amount of receipt if old animal slaughtered under disease control order
  • Section 116 Sale of animals from herd
  • Section 117 Sale of whole or substantial part of herd
  • Section 118 Acquisition of new herd begun within 5 years of sale
  • Section 119 Section 118: sale for reasons outside farmer's control
  • Section 120 Replacement of part sold begun within 5 years of sale
  • Section 121 Section 120: sale for reasons outside farmer's control
  1. The herd basis rules
  2. Section 118: sale for reasons outside farmer's control

Section 119 | Section 118: sale for reasons outside farmer's control

From legislation.gov.uk

(1)This section applies for the purposes of section 114, as applied by section 118(2).

(2)If—

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

(b)an animal (“the new animal”) that is treated as a result of section 118(2) as if it replaced an animal sold (“the old animal”) is of worse quality than the old animal,

the amount brought into account as a receipt under section 114 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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