CIRD11760 - Intangible assets within FA02/SCH29: time test exceptions: fungible assets: introduction
FA02/SCH29/PARA107 and PARA126
General treatment of fungible assets under paragraph 107
‘Fungible assets’ are defined in paragraph 107 as
assets of a nature to be dealt in without identifying the
particular assets involved. An example of such an intangible asset
would be milk quota (see CG77701 for more on agricultural quotas).
Under the general computational rule in paragraph 107, fungible
assets of the same kind are treated as a single asset.
So for the purposes of Schedule 29 the acquisition of
additional assets of that kind is regarded as increasing the size
of the single asset rather than as the acquisition of separate
assets (see
CIRD12720). Conversely the disposal of
some but not all of the units comprising the single asset amounts
to the part realisation of that asset (see
CIRD13230).
Background to commencement rules for fungible assets
Under the general rule described above, where fungible assets of
a particular kind are held by a company prior to 1 April 2002 any
additional assets of that kind acquired subsequently would fail the
time test (see
CIRD11500) - the acquisitions would be
regarded as merely enlarging an existing asset.
On the other hand, the nature of fungible assets is such that
it could often be relatively straightforward for a company to
dispose of an asset of this kind held prior to 1 April 2002 and
replace it immediately afterwards with a newly acquired, identical
asset. Schedule 29 is not intended to apply to assets recycled in
this way.
Special commencement rules
Paragraph 126 therefore contains provisions:
- to enable the time test to be satisfied by fungible assets acquired on or after 1 April 2002 which are additions to assets of the same kind, even though the latter fail the time test (see CIRD11770),
- to counter the recycling of assets described above, as well as the exploitation of the rule about additions (see CIRD11780).
