SCHEDULES

SCHEDULE 2Capital gains tax reform

Abolition of “kink” test

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1

Section 35 (assets held on 31 March 1982) is amended as follows.

2

In subsection (2)—

a

for “Subject to the following provisions of this section, in” substitute “ In ”, and

b

for “him” substitute “ that person ”.

3

After that subsection insert—

2A

For the purposes of corporation tax, subsection (2) above has effect subject to subsections (3) to (8) below (and see also subsections (9) and (10)).

4

In subsection (3)(d), for the words after “any of” substitute “ the no gain/no loss provisions. ”

5

In subsection (4), for “him” substitute “ that person ”.

6

In subsection (5), for “him” (in both places) substitute “ that person ”.

7

In subsection (6), omit—

a

paragraph (a),

b

in paragraph (aa), “in the case of an election for the purposes of corporation tax,”, and

c

in paragraph (b), “in either case”.

8

In subsection (7), for “him” substitute “ that person ”.

9

In subsection (9), after “effect” insert “ for the purposes of corporation tax ”.

10

In subsection (10), insert at the end “ for the purposes of capital gains tax and corporation tax ”.