TCGA92/SCH3/PARA1

TCGA92/S55 (5)

TCGA92/SCH3/PARA1 applies to specified no gain/no loss disposals and enables the transferee to benefit from rebasing. This rule continues to apply for both capital gains tax and corporation tax purposes. Note that for disposals from 6 April 2008 rebasing applies automatically for capital gains tax and that the ‘kink test’ (see CG16730+) and market value election (see CG16760+) provisions now apply only to companies.

The rule applies where -

•the person making the disposal (not being a no gain/no loss disposal) did not hold the asset on 31 March 1982, and

•every other disposal of the asset since that date was a no gain/no loss disposal.

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