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Home / Simons-Taxes /Capital gains tax /Part C3 Capital gains exemptions and reliefs /Division C3.5 Holdover relief for gifts of business assets /Holdover relief for gifts of business assets—generally / C3.502 Holdover relief for gifts of business assets—conditions for relief
Commentary

C3.502 Holdover relief for gifts of business assets—conditions for relief

Capital gains tax

The relief generally applies to gifts by an individual (referred to here as 'the transferor')1 to a person ('the transferee') who is resident in the UK, though gifts of UK land to non-residents also qualify (see C3.509)2. There is no requirement that the transferor is UK resident so the following disposals can qualify for the relief:

  1. Ìý

    •ÌýÌýÌýÌý a non-resident CGT disposal (ie one relating to UK land)3 (see C2.1131, C2.1139)

  2. Ìý

    •ÌýÌýÌýÌý a disposal of assets situated in the UK for use in a trade, profession or vocation carried on through a UK branch or agency (see C1.602)

In addition, relief is also available for following:

  1. Ìý

    •ÌýÌýÌýÌý disposals by a partnership, because the disposal is deemed to be made by the individual partners4

  2. Ìý

    •ÌýÌýÌýÌý certain disposals by trustees (see C3.506)

Holdover relief for gifts of business assets—assets on which relief can be claimed

The assets in respect of which holdover relief under TCGA 1992, s 165 may

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