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HMRC internal manual

Capital Gains Manual

From
HM Revenue & Customs
Updated
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Roll-over relief: time limit for claims

TMA70/S43 and FA98/SCH18/PARA55

The time limit for claims to roll-over relief is:

  • for persons other than companies, four years from the end of the year of assessment to which the claim relates, see SACM3035
  • for companies, four years from the end of the accounting period to which the claim relates, see CTM90610.

In some cases there is an extended time limit, see CG13751. If a claim is made late and you are asked to extend the time limit see CG13800 and CG13810.

A claim to roll-over relief relates to the consideration for disposal of the old assets and to the cost of acquisition of the new assets. The time limit begins with the end of the year of assessment or accounting period in which the disposal takes place or in which the new assets are acquired (whichever is the later).

For example, if a disposal is made by a sole trader in 2006-07 and the consideration received is reinvested in replacement business assets in 2008-09 the time limit for a claim to roll-over relief is 5 April 2013.

If a disposal is made by a company in its accounting period to 30 June 2011 and a claim to roll-over relief is made in respect of a reinvestment in the accounting period to 30 June 2010 the time limit for a claim is 30 June 2015.

A claim to relief is not prevented by the finality of an assessment on chargeable gains.