Part IV Income Tax, Corporation Tax and Capital Gains Tax

Chapter IV Changes for Facilitating Self-Assessment

Miscellaneous and supplemental

216 Effect of change in ownership of trade, profession or vocation.

(1)

For subsection (2) of section 113 of the Taxes Act 1988 (effect of change in ownership of trade, profession or vocation) there shall be substituted the following subsection—

“(2)

Where—

(a)

there is such a change as is mentioned in subsection (1) above, and

(b)

a person engaged in carrying on the trade, profession or vocation immediately before the change continues to be so engaged immediately after it,

subsection (1) above shall not apply to treat the trade, profession or vocation as discontinued or a new one as set up and commenced.”

(2)

Subsections (3) to (5) of that section and, in subsection (6) of that section, the words from “and where” to the end shall cease to have effect.

(3)

The following provisions of that Act shall cease to have effect, namely—

(a)

in section 96 (farming and market gardening: relief for fluctuating profits), in subsection (6) the words from “except that” to the end;

(b)

in section 380 (set-off against general income), subsection (3);

(c)

in section 381 (further relief in early years of trade), subsection (6);

(d)

in section 384 (restrictions on right of set-off), subsection (5);

(e)

in section 385 (carry-forward against subsequent profits), subsections (2) and (5);

(f)

in section 386 (carry-forward where business transferred to a company), subsection (4); and

(g)

in section 389 (supplementary provisions relating to carry-back of terminal losses), subsection (3).

(4)

For subsection (4) of section 389 of that Act, there shall be substituted the following subsection—

“(4)

For the purposes of this section and section 388 a trade, profession or vocation shall be treated as discontinued, and a new one as set up and commenced, when it is so treated for the purposes of section 111 or 113.”

(5)

Subsection (3)(a) above—

(a)

except in its application to a trade set up and commenced on or after 6th April 1994, has effect where the first of the two years of assessment to which the claim relates is the year 1996-97 or any subsequent year, and

(b)

in its application to a trade so set up and commenced, has effect where the first of those two years of assessment is the year 1995-96 or any subsequent year.