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Commentary

C2.1117 Part disposal of land to authority with compulsory powers

Capital gains tax

On a part disposal of an asset or an interest in an asset, the allowable expenditure in computing the chargeable gain or loss is found by applying a statutory part disposal formula to the allowable expenditure in respect of the entire interest before the disposal (see C2.402), excluding any expenditure attributable exclusively to the part disposed of or the part retained (see C2.403). For the meaning of allowable expenditure, see C2.201.

As discussed at C2.1102, these rules generally apply to a part disposal of land or an interest in land, subject to certain exceptions. This article discusses one of the exceptions, where there is a 'small' part disposal of a holding of land to an authority exercising or having compulsory powers. See C2.1103 for small part disposals of land generally.

If the necessary conditions are met, instead of treating the disposal as a part disposal, the landowner (termed the 'transferor' in the legislation) can make a claim to deduct the consideration received from the acquiring authority from the allowable expenditure (ie acquisition

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