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HMRC internal manual

Capital Gains Manual

Roll-over relief: licensed premises owned by brewers: general

Where licensed premises owned and managed by a brewer in such circumstances that the brewer remains the legal occupier (that is, a managed house) are disposed of, relief may be allowed under TCGA92/S152. Relief will extend to the part of the premises in which the manager lives.

Lessors of tied premises (as defined in ICTA88/S98 (2)) are to be treated, for the purposes of TCGA92/S152, as both occupying and using the tied houses or premises (including any part in which the tenant resides) for the purposes of the lessor’s trade.

In considering whether the proceeds from the disposal of an asset have been applied in replacing that asset, see CG60770+, expenditure on the following may be regarded as satisfying the conditions of relief -

  1. improvements to existing premises which qualify, see CG60950;
  2. the erection of new qualifying premises on land already owned;
  3. the acquisition of new sites where planning or licensing approval already exists when the claim under Section 152 is made.

The brewer’s allocation of the proceeds of disposal may be accepted.