Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Capital Gains Manual

HM Revenue & Customs
, see all updates

Roll-over relief: conditions

TCGA92/S152 (1)

The conditions of relief are that

  1. the old assets are within one of the classes listed in CG60410 and have been used solely for the purposes of the trade throughout the period of ownership, and
  2. the whole of the consideration obtained for the disposal is applied in acquiring new assets within one of the classes listed in CG60410 which are then used wholly for the purposes of the trade.

Guidance on the application of disposal consideration is at CG60770+.

Where only part of the disposal consideration is applied in acquiring new qualifying assets, see CG60400.

Apportionment of consideration TCGA92/S152(11)

A claim under Section 152 does not affect the capital gains treatment of other parties to transactions involving either the new or the old assets. Where old or new assets included in the claim are disposed of or acquired together with other assets as part of a single bargain, Section 152 (11) provides for apportionment of consideration on a just and reasonable basis. For this purpose, it is important to ensure that all parties to the transaction are bound by the same apportionment of the total consideration. The procedure for determining apportionments where there is more than one interested person is at CG16400+.