Taxation of Chargeable Gains Act 1992

[F1 116A Holding beginning or ceasing to fall within section 490 of CTA 2009 U.K.

(1) Section 116 applies in accordance with the following assumptions if—

(a) a holding that is a relevant holding for the purposes of section 490 of CTA 2009 (holdings in OEICs, unit trusts and offshore funds treated as creditor relationship rights) is held by a company both at the end of one accounting period and at the beginning of the next, and

(b) that section applies to the holding for one of those periods but not for the other.

(2) The assumptions in subsections (3) and (4) apply for the purposes of this Act if the accounting period for which section 490 of CTA 2009 applies to the relevant holding is the first of those periods.

(3) The relevant holding is assumed to have ceased to be a relevant holding for the second of those periods as a result of a transaction such as is mentioned in section 116(1) (“the reorganisation transaction”) occurring at the beginning of that period.

(4) In relation to the reorganisation transaction within subsection (3), for the purposes of section 116—

(a) the relevant holding immediately before the beginning of the second of those periods is assumed to be the old asset, and

(b) the relevant holding immediately after the beginning of that period is assumed to be the new asset.

(5) The assumptions in subsections (6) and (8) apply for the purposes of this Act if the accounting period for which section 490 of CTA 2009 applies to the relevant holding is the second of those periods.

(6) The holding is assumed to have become a relevant holding for the second of those periods as a result of the occurrence at the end of first period of a transaction such as is mentioned in section 116(1).

(7) But subsection (6) does not apply if the first of those periods is a period at the end of which a disposal of the relevant holding is treated as having occurred under section 212 (annual deemed disposal of holdings of unit trusts etc by insurance companies).

(8) In relation to the reorganisation transaction within subsection (6), for the purposes of section 116—

(a) the relevant holding immediately before the beginning of the second of those periods is assumed to be the old asset, and

(b) the relevant holding immediately after the beginning of that period is assumed to be the new asset.]

Textual Amendments

F1 Ss. 116A, 116B inserted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 367 (with Sch. 2 Pts. 1, 2)