Finance Act 2004

Transitional provision

8 (1) This paragraph has effect where section 226A of the Taxation of Chargeable Gains Act 1992 (c. 12) (as inserted by paragraph 6 of this Schedule) (“section 226A”) applies in circumstances in which—

(a) the relevant earlier disposal, or

(b) if there were two or more such disposals, each of them,

was made before 10th December 2003.

(2) Section 226A shall have effect subject to the following modifications.

(3) In subsection (2), omit “not” and at the end insert “subject to the modifications set out in subsections (2A) to (2C) below”.

(4) After subsection (2) insert—

“(2A) Section 223 (1) shall not apply.

(2B) For the purposes of section 223(2)(a) and (3)—

(a) the dwelling-house or the part of the dwelling-house in question is to be taken not to have been the individual’s only or main residence during the post-commencement period or any part of that period, and

(b) the words “but inclusive of the last 36 months of the period of ownership in any event” shall not have effect in respect of so much of that period of 36 months as falls within the post-commencement period.

(2C) In subsection (2B) above “post-commencement period” means the period beginning on 10th December 2003 and ending on the date of the later disposal.”.

(5) In subsection (3), omit “never” and at the end insert “subject to the modifications set out in subsections (2A) to (2C) above”.

(6) In this paragraph “relevant earlier disposal”, in relation to a later disposal, means an earlier disposal in respect of which a claim mentioned in subsection (1)(c) of section 226A is made.

(7) This paragraph is to be construed as one with section 226A.

(8) Subsections (5) and (6) of section 223 of the Taxation of Chargeable Gains Act 1992 apply in relation to the subsection (2B)(b) treated as inserted by sub-paragraph (4) above as they apply in relation to subsections (1) and (2)(a) of that section.