Finance Act 1999

3 (1) Section 33 (provisions supplementary to sections 30 to 32) shall be amended as follows.

(2) After subsection (1) there shall be substituted—

“(1A) For the purposes of section 31A, subsections (2) to (6) below apply for the purpose of determining any question in relation to the asset with enhanced value.”

(3) In subsection (2), for “and 31(7)” there shall be substituted “, 31(7) and 31A(6)”.

(4) In subsection (3) there shall be inserted at the beginning “For the purposes of sections 30(2) and 31(7) to (9),”

(5) After subsection (3) there shall be inserted—

“(3A) Subsections (3B) and (3C) below apply (instead of subsection (3) above) for the purposes of section 31A where one or more assets are treated by virtue of subsection (5) or (6) below as the same as the asset with enhanced value.

(3B) If in the period beginning with the time of the transaction referred to in section 31(6) and ending immediately before the event referred to in section 31A(4) or (5)(b)—

(a) there is no disposal of the asset with enhanced value to any person other than a disposal falling with section 171(1), and

(b) no disposal of the asset with enhanced value is treated as having occurred by virtue of section 179,

then references to the asset with enhanced value are to the asset which is treated by virtue of subsection (5) or (6) below as the same as that asset or, as the case may be, all the assets so treated.

(3C) In any other case, references to the asset with enhanced value are to an asset or, as the case may be, all the assets representing that part of the value of the asset with enhanced value that remains after allowing for disposals of a kind mentioned in subsection (3B)(a) or (b).”

(6) In subsection (4)—

(a) for “Where by virtue of subsection (3) above those references are to 2 or more assets” there shall be substituted “Where by virtue of subsection (3), (3B) or (3C) above references to an asset are taken as references to two or more assets”, and

(b) in paragraph (c), for “the reference in section 31(8)” there shall be substituted “a reference in section 31(8) or 31A(3)”.

(7) After subsection (8) there shall be inserted—

“(8A) In a case where—

(a) profits are treated as profits arising on a transaction caught by section 31 by virtue of section 31A, and

(b) the condition in section 31(7) or a condition in section 31A is satisfied by reference to an asset, or assets treated as a single asset, treated by virtue of subsection (3C) above as the same as the asset with enhanced value,

the amount of the reduction in value of the principal asset shall be reduced to such amount as is just and reasonable.”