Writing for Tax Journal, BKL Tax partner Anthony Newgrosh considers what planning can be done to benefit from roll-over relief in the future.
Question
My property company rents offices to my other trading company. Both companies are personally owned by me. However, I can see the need in a couple of years to acquire larger premises. What planning can I undertake to allow me to benefit from roll-over relief in the future?
Answer
TCGA 1992 s 152 sets out the qualifying conditions for roll-over relief. In particular, these require a trading company to re-invest the proceeds on the disposal of a qualifying asset into a new qualifying asset. The new qualifying asset must be acquired either in the 12 months preceding or the three years after the original disposal (although this time limit can be extended in extenuating circumstances at the behest of HMRC). It should also be noted that, for these purposes, HMRC regards the ‘proceeds’ as being net of the incidental costs of disposal, per HMRC’s Capital Gains Manual CG60760. The qualifying assets for these purposes are set out in TCGA 1992 s 155, and primarily consist of land, buildings and goodwill for individuals. (There are broadly mirroring provisions within the intangible assets regime for corporates)…
The full article is available to subscribers on the Tax Journal website.