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.