CG60210 - Order of reliefs
Where reliefs are available in respect of discrete types of
asset no confusion can arise about their interaction. But,
particularly in relation to business assets, a number of different
reliefs may be available. The order in which such reliefs should be
allowed depends on the way in which they work.
ROLL-OVER RELIEF (TCGA92/S152 - TCGA92/S158) reduces the
consideration to be taken into account in computing the gain on
disposal. It comes first, see
CG61560+.
RETIREMENT RELIEF (TCGA92/S163 - TCGA92/S164) reduces the
amount of gains which are chargeable gains and is next
(TCGA92/SCH6/PARA6, TCGA92/SCH6/PARA7 (1) or TCGA92/SCH6/PARA8 (1)
).
RELIEF ON THE TRANSFER OF A BUSINESS TO A COMPANY
(TCGA92/S162) works by reducing the net chargeable gains. It
therefore follows retirement relief.
RELIEF FOR GIFTS OF BUSINESS ASSETS (TCGA92/S165) also works
by reducing the chargeable gains. It therefore also follows
retirement relief. Instructions on the interaction of this relief
with the relief on transfer of a business to a company are at
CG66973. The interaction with retirement
relief is considered at
CG66982.
