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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) / I3.613A Restrictions on holdover relief under s 260
Commentary

I3.613A Restrictions on holdover relief under s 260

IHT, trusts and estates

Holdover relief is not always available, or not available in full, even where the initial conditions are met.

Restrictions on relief—qualifying corporate bonds

Holdover relief is not available in relation to a disposal of assets within TCGA 1992, s 115(1) (qualifying corporate bonds) on which a gain is deemed to accrue by virtue of TCGA 1992, s 116(10)(b)1.

Restrictions on relief—consideration given

If actual consideration is provided for a disposal (for example a gift at undervalue) and this exceeds the allowable expenditure2 then the 'cash gain' is immediately taxed to CGT and the held-over gain will be restricted by that amount3. For further details and an example see C3.1602.

Restrictions on relief—residence

As the held-over gain is effectively transferred to the transferee, it is provided that the transferee must be within the

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