LLM8220 - Capital gains: Names: roll-over relief
Roll-over relief can be claimed where the proceeds of
disposal of qualifying assets are used within a certain period of
time to buying new qualifying assets. See CG60250 for full details
of the relief (
LLM10000). The relevant assets for
roll-over relief are listed in TCGA92/S155. Before 6 April 1999,
syndicate capacity was not included in this list. This meant that
roll-over relief was not available for gains arising on the sale of
syndicate capacity, and gains on other assets could not be rolled
over into syndicate capacity.
FA99/S84 added syndicate capacity to the list of qualifying
assets, whether held as bespoke capacity or through a MAPA. This
means that, from 6 April 1999, a capital gain arising on the
disposal of capacity may be deferred provided the consideration
received is reinvested in another qualifying business asset within
the period beginning 12 months before, and ending 3 years after,
the date of the disposal.
The gain cannot be rolled over into an acquisition of
capacity before 6 April 1999, although relief can be claimed on
reinvestment into other qualifying business assets acquired before
that date.
Gains on the disposal of other qualifying business assets may
be rolled into acquisitions of syndicate capacity acquired after 5
April 1999.
Shares are not a qualifying class of assets for roll-over
relief. Shares and other investments held by a member in an
ancillary trust fund (ATF) are not qualifying assets for roll-over
relief.
Roll-over relief on conversion: FA 2004
With effect from 6 April 2004, a Name who converts to limited liability underwriting under a Lloyd’s conversion scheme may be able to roll-over gains on syndicate capacity and ATF assets into the base cost of shares in Nameco issued in consideration for the transferred assets. The relief is similar to that which applies to other traders on the transfer of a business to a company under TCGA92/S162. See LLM6160 for guidance on the income tax and capital gains tax reliefs introduced by FA04.
