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Chapter 21
CHARGEABLE GAINS – COMPANIES
– RELIEFS
1. Replacement of business assets (Rollover Relief)
1.1.
Definition
A gain may be ‘rolled over’ (deferred) where it arises on the disposal of a qualifying business asset
whose sale proceeds are reinvested in another qualifying business asset.
1.2.
Qualifying assets
Both the old and new assets must fall into one of the following categories:
(a)
Land
and buildings
(b)
Fixed plant and machinery
Both the old and new assets must be used in the business.
1.3.
The relief
(a)
The gain is not taxed immediately but is postponed until the company makes a disposal of the
replacement asset without further replacement.
(b)
The postponement is achieved by deducting the gain made on the old asset from the cost of
the new one.
(c)
Where the disposal proceeds of the old
asset are not fully reinvested, the surplus retained
reduces the amount of capital gain that can be rolled over.
(d)
The replacement asset must be bought in the period 12 months before to 36 months after the
disposal of the old asset.
(e)
A claim must be made within 4 years from the end of the accounting
period in which the
disposal occurred.
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