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Finance Act 2002

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This is the original version (as it was originally enacted).

Application of Schedule to fungible assets

126(1)The provisions of this paragraph have effect for the purposes of this Part in relation to assets to which paragraph 107 applies (treatment of fungible assets as single asset)

(2)Paragraph 107 applies as if—

(a)existing assets, and

(b)intangible fixed assets that are not existing assets,

were assets of different kinds.

(3)Where paragraph 107 applies (by virtue of sub-paragraph (2) or otherwise)—

(a)a single asset comprising existing assets is treated as itself being an existing asset, and

(b)a single asset comprising intangible fixed assets that are not existing assets is treated as itself being an asset to which this Schedule applies.

(4)The realisation by a company of an intangible fixed asset that apart from sub-paragraph (2) would be regarded as part of a single asset comprising both existing assets and assets that are not existing assets shall be regarded as diminishing the single asset of the company comprising existing assets in priority to diminishing the single asset of the company comprising assets that are not existing assets.

(5)Intangible fixed assets acquired by a company that would not otherwise be regarded as existing assets shall be treated as existing assets to the extent that they are to be identified, in accordance with the following rules, with existing assets realised by the company.

(6)The rules are—

(a)that assets acquired are to be identified with existing assets of the same kind realised by the company within the period beginning 30 days before and ending 30 days after the date of the acquisition;

(b)that assets realised earlier are to be identified before assets realised later;

(c)that assets acquired earlier are to be identified before assets acquired later.

The reference in paragraph (a) to assets “of the same kind” are to assets that are, or but for sub-paragraph (2) would be, treated by virtue of paragraph 107 as part of a single asset.

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