Section 169V: Operation of deferred business asset disposal relief

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 4: business asset disposal relief where held-over gains become chargeable

Where this section applies, the following rules have effect.

The gain mentioned in section 169U(2) ("the first eventual gain")—

is treated for relevant purposes as the amount resulting from a calculation under section 169N(1) carried out—
in respect of a qualifying business disposal made when the first eventual gain accrues, and
because of the claim mentioned in section 169U(5), and
except for relevant purposes, is not to be taken into account under this Act as a chargeable gain.

If the first eventual gain is a part only of the original gain in the case concerned, each part of the original gain that subsequently accrues as a chargeable gain as a result of the operation of the relevant paragraph—

is treated for relevant purposes as the amount resulting from a calculation under section 169N(1) carried out—
in respect of a qualifying business disposal made when that chargeable gain so accrues, and
because of the claim mentioned in section 169U(5), and
except for relevant purposes, is not to be taken into account under this Act as a chargeable gain.

If the disposal mentioned in paragraph (a) or (b) of section 169U(4) is a disposal within section 169H(2)(c) (qualifying business disposal: disposal associated with a relevant material disposal)—

a disposal mentioned in subsection (2) or (3) of this section is treated for the purposes of section 169P(1) as a disposal associated with a relevant material disposal, but
section 169P applies in relation to that disposal as if the disposal referred to in section 169P(4) were the disposal mentioned in section 169U(4)(a) or (b).

In this section "relevant purposes" means the purposes of—

section 169N(2) to (4B), (7) and (8), and
section 169P.

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