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Finance Act 2012

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This is the original version (as it was originally enacted).

121Sections 119 and 120: supplementary
This section has no associated Explanatory Notes

(1)The applicable pooling rules also apply if the assets of the company in question include securities of a class and but for this section—

(a)some of them would be regarded as a 1982 holding for the purposes of corporation tax on chargeable gains, and

(b)the rest of them would be regarded as a section 104 holding for those purposes.

(2)“The applicable pooling rules” means—

(a)the pooling rules set out in section 119(1)(a) to (e) and (4)(a) and (b), or

(b)the pooling rules set out in section 120(1)(a) to (f) and (4)(a) to (c).

(3)In applying the applicable pooling rules in a case within subsection (1)

(a)the reference in any of the paragraphs in section 119(1) or (4) or 120(1) or (4) to a separate holding is to be read, where necessary, as a reference to a separate 1982 holding and a separate section 104 holding, and

(b)the questions whether that reading is necessary for a paragraph and, if it is, how many securities falling within the paragraph constitute each of the two holdings are determined in accordance with paragraph 12 of Schedule 6 to FA 1990 and the identification rules applying on any subsequent acquisitions and disposals.

(4)If the applicable pooling rules apply, section 105 of TCGA 1992 has effect as if securities regarded as included in different holdings as a result of those rules were securities of different classes.

(5)In this section—

  • “1982 holding” has the same meaning as in section 109 of TCGA 1992, and

  • “section 104 holding” has the same meaning as in section 104(3) of TCGA 1992.

(6)In this section and sections 119 and 120 “securities” means—

(a)shares,

(b)securities of a company, and

(c)any other assets where they are of a nature to be dealt in without identifying the particular assets disposed of or acquired.

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