SCHEDULES

SCHEDULE 4 Deferred charges on gains before 31st March 1982

Charges rolled-over or held-over

2

1

Subject to sub-paragraphs (2) to (4) below, this Schedule applies on a disposal, not being a no gain/no loss disposal, of an asset if—

a

the person making the disposal acquired the asset after 31st March 1982,

b

a deduction falls to be made by virtue of any of the enactments specified in sub-paragraph (5) below from the expenditure which is allowable in computing the amount of any gain accruing on the disposal, and

c

the deduction is attributable (whether directly or indirectly and whether in whole or in part) to a chargeable gain accruing on the disposal before 6th April 1988 of an asset acquired before 31st March 1982 by the person making that disposal.

2

This Schedule does not apply where, by reason of the previous operation of this Schedule, the amount of the deduction is less than it otherwise would be.

3

This Schedule does not apply if the amount of the deduction would have been less had relief by virtue of a previous application of this Schedule been duly claimed.

4

Where—

a

the asset was acquired on or after 19th March 1991,

b

the deduction is partly attributable to a claim by virtue of section 154(4), and

c

the claim applies to the asset,

this Schedule does not apply by virtue of this paragraph.

5

The enactments referred to in sub-paragraph (1) above are sections 23(4) and (5), 152, 162, 165 and 247 of this Act and section 79 of the M1Finance Act 1980.