Section 248: Provisions supplementary to section 247.

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

Part VII: Other property, businesses, investments etc.

Land is excluded from paragraph (c) of subsection (1) of section 247 if—

it is a dwelling-house or part of a dwelling-house (or an interest in or right over a dwelling-house), and
by virtue of, or of any claim under, any provision of sections 222 to 226 the whole or any part of a gain accruing on a disposal of it by the landowner at a material time would not be a chargeable gain;

and for the purposes of this subsection "a material time" means any time during the period of 6 years beginning on the date of the acquisition referred to in the said paragraph (c).

Where the new land is a depreciating asset, within the meaning of section 154, that section has effect as if—

any reference in subsection (1) or subsection (4) to section 152 or 153 were a reference to subsection (2) or subsection (3) respectively of section 247; and
paragraph (b) of subsection (2) were omitted; and
the reference in subsection (5) to section 152(3) were a reference to that provision as applied by section 247(5).

No claim may be made under section 243 in relation to a transfer which constitutes a disposal in respect of which a claim is made under section 247.

Expressions used in this section have the same meaning as in section 247.

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