Finance Act 1982

Receipts etc. which are not treated as disposals but affect relevant allowable expenditureU.K.

4(1)This paragraph applies where, in determining the relevant allowable expenditure in relation to a disposal to which section 86 of this Act applies, account is required to be taken, as mentioned in subsection (3) of that section, of any provision of any enactment which, by reference to a relevant event [F1occurring after the beginning of the qualifying period], reduces the whole or any part of an item of expenditure as mentioned in that subsection.

(2)For the purpose of determining, in a case where this paragraph applies, the indexation allowance (if any) to which the person making the disposal is entitled, not account shall in the first instance be taken of the provision referred to in sub-paragraph (1) above in calculating the indexed rise in the item of expenditure to which that provision applies but, from that indexed rise as so calculated, there shall be deducted a sum equal to the indexed rise (determined as for the purposes of the actual disposal) in a notional item of expenditure which—

(a)is equal to the amount of the reduction effected by the provision concerned; and

(b)was incurred on the date of the relevant event referred to in sub-paragraph (1) above.

(3)In this paragraph “relevant event” means any event which does not fall to be treated as a disposal for the purposes of the M1Capital Gains Tax Act 1979.

Textual Amendments

F1Words repealed by Finance Act 1985 (c. 54), ss. 68, 98(6), Schs. 19 Pt. I and 27 Pt. VII for disposals made on or after 6 April 1985 or 1 April 1985 for companies, 2 July 1986 for gilt-edged securities (Capital Gains Tax Act 1979 (c. 14, SIF 63:2) Sch. 2) and qualifying corporate bonds (Finance Act 1984 (c. 43, SIF 40:1) s. 64), or 28 February 1986 for other securities within the meaning of Finance Act 1985 (c. 54) Part II Ch. IV

Marginal Citations