Capital Gains Tax Act 1979 (repealed 6.3.1992)

117 New assets which are depreciating assets. U.K.

(1) Sections 115 and 116 above [F1 and section 33 of the Finance Act 1990] shall have effect subject to the provisions of this section in which—

(a) the “held over gain” means the amount by which, under those sections, and apart from the provisions of this section, any chargeable gain on one asset (called “asset No. 1”) is reduced, with a corresponding reduction of the expenditure allowable in respect of another asset (called “asset No. 2”),

(b) any reference to a gain of any amount being carried forward to any asset is a reference to a reduction of that amount in a chargeable gain coupled with a reduction of the same amount in expenditure allowable in respect of that asset.

(2) If asset No. 2 is a depreciating asset, the held over gain shall not be carried forward, but the claimant shall be treated as if so much of the chargeable gain on asset No. 1 as is equal to the held over gain did not accrue until—

(a) the claimant disposes of asset No. 2, or

(b) he ceases to use asset No. 2 for the purposes of a trade carried on by him, or

(c) the expiration of a period of ten years beginning with the acquisition of asset No. 2,

whichever event comes first.

[F2 (2A) Where section 33 of the Finance Act 1990 has effect subject to the provisions of this section, subsection (2)(b) above shall have effect as if it read—

“(b) section 36(3) of the Finance Act 1990 applies as regards asset No. 2 (whether or not by virtue of section 36(5)), or”]

(3) If, in the circumstances specified in subsection (4) below, the claimant acquires an asset (called “asset No. 3”) which is not a depreciating asset, [F3 and claims] under section 115 or 116 above—

(a) the gain held over from asset No. 1 shall be carried forward to asset No. 3, and

(b) the claim which applies to asset No. 2 shall be treated as withdrawn (so that subsection (2) above does not apply).

(4) The circumstances are that asset No. 3 is acquired not later than the time when the chargeable gain postponed under subsection (2) above would accrue and, assuming—

(a) that the consideration for asset No. 1 was applied in acquiring asset No. 3, and

(b) that the time between the disposal of asset No. 1 and the acquisition of asset No. 3 was within the time limited by section 115(3) above,

the whole amount of the postponed gain could be carried forward from asset No. 1 to asset No. 3; and the claim under subsection (3) above shall be accepted as if those assumptions were true.

(5) If part only of the postponed gain could be carried forward from asset No. 1 to asset No. 3, and the claimant so requires, that and the other part of the postponed gain shall be treated as derived from two separate assets, so that, on that claim—

(a) subsection (3) above applies to the first-mentioned part, and

(b) the other part remains subject to subsection (2) above.

(6) For the purposes of this section, an asset is a depreciating asset at any time if—

(a) at that time it is a wasting asset, as defined in section 37 above, or

(b) within the period of ten years beginning at that time it will become a wasting asset (so defined).

Textual Amendments

F1 Words inserted by Finance Act 1990 (c. 29, SIF 63:2), s. 40(2)

F2 S. 117(2A) inserted by Finance Act 1990 (c. 29, SIF 63:2), s. 40(3)

F3 Words substituted by Finance Act 1990 (c. 29, SIF 63:2), s. 40(4)

Modifications etc. (not altering text)

C1 Ss. 115-121 excluded (E.W.S.) (16.1.1992) by S.I. 1992/58, art. 9, Sch. 2 para.10

C2 See also Capital Gains Tax Act 1979 (c. 14), Sch. 6 para. 22

C3 See Finance (No. 2) Act 1983 (c. 49), s. 7(6)

C4 Ss. 115–121 restricted by Finance Act 1990 (c. 29, SIF 63:2), s. 40(5)(6)

C5 See also Capital Gains Tax Act 1979 (c. 14), s. 111B(3)

C6 See Finance Act 1984 (c. 43, SIF 63:2), ss. 50(1), 80 and Sch. 11 para. 1

C7 See— Finance Act 1970 (c. 24, SIF 63:1, 2), s. 276(2); Development Land Tax Act 1976 (c. 24), s. 34 and Sch. 6 para. 5 (which Act was repealed by Finance Act 1985 (c. 54, SIF 63:2), ss. 93, 98(6) and Sch. 27 Pt. X); Finance Act 1988 (c. 39, SIF 63;1, 2), s. 97 and Sch. 9 para. 3(2); Finance Act 1989 (c. 26, SIF 63:2), s. 141 and Sch. 15 para. 1(2)