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HMRC internal manual

Capital Gains Manual

Roll-over relief: Europe: set-aside scheme

If you are dealing with a case where a capital gain arises on the disposal of set-aside land, roll-over relief, TCGA92/S152 - TCGA92/S158, may be claimed. This depends on the use to which the land has been put during the period it has been set-aside.

If the land has been left fallow while farming has continued and the set-aside grants have been regarded as income of that farming trade, then the land will be a qualifying asset for roll-over relief purposes since the farmer has continued to occupy and use it for the purposes of that trade.

Where some or all of the land has been put to non-agricultural use then that part can no longer be regarded as used for the purposes of the farming trade. The availability of roll-over relief therefore depends on whether the non-agricultural use amounts to trading or not.

If the non-agricultural use amounts to trading then, provided the farmer has continued to occupy the land for the purposes of the non-agricultural trade, they will still be entitled to roll-over relief.

If the non-agricultural use does not amount to trading then roll-over relief will only be available in respect of that fraction of the total period of ownership between 31 March 1982, TCGA92/S152 (9), and the date of disposal, when it was used for the purposes of the original farming trade, Section 152 (7).