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Home / Simons-Taxes /IHT, trusts and estates /Part I3 Lifetime transfers /Division I3.6 IHT and other taxes /IHT and other taxes—capital gains tax (CGT) / I3.612 Holdover relief for business assets (s 165)
Commentary

I3.612 Holdover relief for business assets (s 165)

IHT, trusts and estates

CGT relief for gifts of business assets (known as 'holdover relief') is provided for by TCGA 1992, s 165.

The held-over gain reduces the chargeable gain for the transferor and the deemed consideration for the transferee1. The gain which would have accrued to the transferor is effectively transferred to the transferee who will pay CGT on it when the asset is disposed of.

The individual transferor

Holdover relief under s 165 is available where an individual ('the transferor') makes a disposal otherwise than by way of a bargain at arm's length to a person ('the transferee') of either:

  1. Ìý

    •ÌýÌýÌýÌý an asset, or an interest in an asset, used for the purposes of a trade, profession or vocation carried on by the transferor, their personal

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