Capital Gains Tax Act 1979 (repealed 6.3.1992)

5 (1) Where by reference to any premium income tax has become chargeable under section [F1 34] of [F2 the Taxes Act 1988] on any amount, that amount out of the premium shall be excluded from the consideration brought into account in the computation under Chapter II of Part II of this Act of a gain accruing on the disposal for which the premium is consideration except where the consideration is taken into account in the denominator of the fraction by reference to which an apportionment is made under section 35 of this Act (part disposals).

(2) Where by reference to any premium in respect of a sub-lease granted out of a lease the duration of which (that is of the lease) does not, at the time of granting the lease, exceed fifty years, income tax has become chargeable under section [F1 34] of [F2 the Taxes Act 1988] on any amount that amount shall be deducted from any gain accruing on the disposal for which the premium is consideration as computed in accordance with the provisions of this Act apart from this sub-paragraph, but not so as to convert the gain into a loss, or to increase any loss.

(3) Where income tax has become chargeable under section [F1 36] of [F2 the Taxes Act 1988] (sale of land with right of re-conveyance) on any amount a sum of that amount shall be excluded from the consideration brought into account in the computation under Chapter II of Part II of this Act of a gain accruing on the disposal of the estate or interest in respect of which income tax becomes so chargeable, except where the consideration is taken into account in the denominator of the fraction by reference to which an apportionment is made under section 35 of this Act:

Provided that if what is disposed of is the remainder of a lease or a sub-lease out of a lease the duration of which does not exceed fifty years the preceding provisions of this sub-paragraph shall not apply but the said amount shall be deducted from any gain accruing on the disposal as computed in accordance with the provisions of this Act apart from this sub-paragraph, but not so as to convert the gain into a loss, or to increase any loss.

(4) References in sub-paragraph (1) and (2) above to a premium include references to a premium deemed to have been received under subsection [F2 (4) or (5)] of section [F1 34] of [F2 the Taxes Act 1988] (which correspond to paragraph 3(2) and (3) of this Schedule).

(5) Section 31 of this Act (exclusion of consideration chargeable to tax on income) shall not be taken as authorising the exclusion of any amount from the consideration for a disposal of assets taken into account in the computation under Chapter II of Part II of this Act by reference to any amount chargeable to tax under [F2 section 348 or 349] of [F2 the Taxes Act 1988].

Textual Amendments

F1 Figure substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 paras. 15 and 32

F2 Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 paras. 15 and 32

Modifications etc. (not altering text)

C1 See Development Land Tax Act 1976 (c. 24), s. 34, Sch. 6 paras. 3(10) and 4

C2 See Development Land Tax Act 1976 (c. 24), s. 34 and Sch. 6 para. 3(10)