Section 39A: Exclusion of certain expenditure: structures and buildings allowances

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

Part II: General Provisions relating to computation of gains and acquisitions and disposals of assets — Chapter III: Computation of gains: General provisions

This section applies if—

a person disposes of an asset to a connected person,
the asset is, or is an interest in, a building or structure by reference to which an allowance under Part 2A of CAA 2001 (a "structures and buildings allowance") has been made, and
the person making the disposal is, or has been, a lessor in relation to a lease of the building or structure by reference to which section 270DD of CAA 2001 (leases granted for 35 years or more) applies.

Any expenditure by reference to which a structures and buildings allowance has been made to a lessee in relation to the lease mentioned in subsection (1)(c) is to be excluded from the sums allowable under section 38 as a deduction in the computation of the gain.

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