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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. Replacement of part sold begun within 5 years of sale

Section 120 | 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 114 (replacement of animals in herd) applies so far as the animals included in the part sold are replaced (but see section 121 (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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