Section 169SE: Application of section 169SD where section 116 applies

Taxation of Chargeable Gains Act 1992 · 1992 c. 12View on legislation.gov.uk

Part V: Transfer of business assets, business asset disposal relief and investors' relief — Chapter 3A: business asset disposal relief where company ceases to be individual's personal company

This section has effect in any case where a transaction occurs to which section 116 (reorganisations, conversions and reconstructions) applies.

If sections 116(10)(b) and 169SD(1)(b) have effect in relation to a subsequent disposal of the new asset—

there must be calculated the chargeable gain that would have been treated by section 169SD(1)(b) as accruing to the individual if, at the time of the relevant transaction, the old asset had been disposed of immediately before that transaction,
the whole or a corresponding part of the chargeable gain mentioned in paragraph (a) is to be treated as accruing on the subsequent disposal of the whole or part of the new asset (in addition to any gain or loss that actually accrues on that disposal and any chargeable gain treated by section 116(10)(b) as accruing on that disposal), and
on that subsequent disposal, section 115 (exemptions for gilt-edged securities and qualifying corporate bonds) has effect only in relation to any gain that actually accrues and not in relation to any gain which is treated as accruing by virtue of paragraph (b).

In subsection (2) "the new asset", "the old asset" and "the relevant transaction" have the same meanings as in section 116.

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