Capital Gains Tax Act, 1975
|
Compensation and insurance money. |
29.—(1) If the recipient so claims, receipt of a capital sum within paragraph (i), (ii), (iii) or (iv) of section 8 (2) (a) derived from an asset which is not lost or destroyed shall not be treated as a disposal of the asset if— | |
(a) the capital sum is wholly applied in restoring the asset, or | ||
(b) the capital sum is applied in restoring the asset except for a part of the capital sum which is not reasonably required for the purpose and which is small, as compared with the whole capital sum, | ||
but, if the receipt is not treated as a disposal, all sums which would, if the receipt had been so treated, have been brought into account as consideration for that disposal in the computation of a gain accruing on the disposal shall be deducted from any expenditure allowable under Schedule 1 as a deduction in computing a gain on the subsequent disposal of the asset: | ||
Provided that this subsection shall not apply to cases falling within paragraph (b) of this subsection if immediately before the receipt of the capital sum there is no expenditure attributable to the asset under clauses (a) and (b) of paragraph 3 (1) of Schedule 1 (deduction allowable in computing a gain) or if the consideration for the part disposal so deemed to be effected on receipt of the capital sum exceeds that expenditure. | ||
(2) If an asset is lost or destroyed and a capital sum received by way of compensation for the loss or destruction, or under a policy of insurance of the risk of the loss or destruction, is, within one year of receipt, or such longer period as the inspector may allow, applied in acquiring an asset in replacement of the asset lost or destroyed, the owner shall if he so claims be treated for the purposes of this Act— | ||
(a) as if the consideration for the disposal of the old asset were (if otherwise of a greater amount) of such amount as would secure that on the disposal neither a loss nor a gain accrued to him, and | ||
(b) as if the amount of the consideration for the acquisition of the new asset were reduced by the excess of the amount of the capital sum received by way of compensation or under the policy of insurance, together with any residual or scrap value, over the amount of the consideration which he is treated as receiving under paragraph (a). | ||
(3) A claim shall not be made under subsection (2) if part only of the capital sum is applied in acquiring the new asset but if all of that capital sum except for a part which is less than the amount of the gain (whether all chargeable gain or not) accruing on the disposal of the old asset is so applied, then the owner shall, if he so claims, be treated for the purposes of this Act— | ||
(a) as if the amount of the gain so accruing were reduced to the amount of the said part not applied in acquiring the new assets (and, if not all chargeable gain, with a proportionate reduction in the amount of the chargeable gain), and | ||
(b) as if the amount of the consideration for the acquisition of the new asset were reduced by the amount by which the gain is reduced under paragraph (a). | ||
(4) Where subsection (2) (a) applies to exclude from charge to capital gains tax a gain which, in consequence of Part II of Schedule 1 (assets held on the 6th day of April, 1974), is not all chargeable gain, the amount of the reduction to be made under subsection (2) (b) shall be the amount of the chargeable gain and not the whole amount of the gain; and in subsection (3) (b) for the reference to the amount by which the gain is reduced under subsection (3) (a) there shall substituted a reference to the amount by which the chargeable gain is proportionately reduced under the said subsection (3) (a). | ||
(5) This section shall not apply in relation to a wasting asset. |