The Taxation of Chargeable Gains Act 1992
Roll-over relief: activities other than trades6
1
Section 158 of the Taxation of Chargeable Gains Act 1992 (roll-over relief: activities other than trades and interpretation) is amended as follows.
2
In subsection (1), after “only if they are used by the body,” insert—
and
f
in relation to the activities of a company owned by such an unincorporated association or other body (“the parent body”), but in the case of any assets within head A of class 1 only if they are both occupied and used by the parent body, and in the case of any other assets only if they are used by the parent body,
3
After subsection (1) insert—
1A
For the purposes of subsection (1)(f) the parent body owns the company if—
a
it holds not less than 90% of the company’s ordinary share capital,
b
it is beneficially entitled to not less than 90% of the profits available for distribution to the equity holders of the company, and
c
it would be beneficially entitled on a winding up to not less than 90% of the assets of the company available for distribution to equity holders.
1B
For the purposes of subsection (1A)—
a
“ordinary share capital” has the meaning given by section 832(1) of the Taxes Act10 and also includes, in relation to a company that has no share capital, any interests in the company possessed by members of the company, and
b
the meaning of “equity holder” and method of determination of profits or assets available for distribution shall be that prescribed for the purposes of paragraph 8 of Schedule 7AC by sub-paragraphs (2) and (3) of that paragraph.
4
The amendments made by this article have effect in relation to disposals on or after 6th April 2009.