SCHEDULES

F1SCHEDULE A1 Application of taper relief

Annotations:
Amendments (Textual)
F1

Sch. A1 inserted (with effect in accordance with s. 121(4) of the amending Act) by Finance Act 1998 (c. 36), s. 121(2), Sch. 20

Conditions for shares to qualify as business assets

4

1

This paragraph applies, in the case of the disposal of any asset, for determining (subject to the following provisions of this Schedule) whether the asset was a business asset at a time before its disposal when it consisted of, or of an interest in, any shares in a company (“the relevant company").

2

Where the disposal is made by an individual, the asset was a business asset at that time if at that time the relevant company was a qualifying company by reference to that individual.

3

Where the disposal is made by the trustees of a settlement, the asset was a business asset at that time if at that time the relevant company was a qualifying company by reference to the trustees of that settlement.

4

Where the disposal is made by an individual’s personal representatives, the asset was a business asset at that time if at that time F2the relevant company was a qualifying company by reference to the personal representatives.

5

Where the disposal is made by an individual who acquired the asset as legatee (as defined in section 64) and that time is not a time when the asset was a business asset by virtue of sub-paragraph (2) above, the asset shall be taken to have been a business asset at that time if at that time—

a

it was held by the personal representatives of the deceased; and

F3b

the relevant company was a qualifying company by reference to the personal representatives.