Capital Gains Manual

CG61920 - Roll-over relief: compulsory acquisition of land: obtaining relief

TCGA92/S247 (2) & (3) & TCGA92/S248 (4), TCGA92/S247A

Provisional Relief

Provisional relief can be obtained under section 247A of the Taxation of Capital Gains Act 1992 (TCGA 1992) where the landowner declares an intention to acquire new land but has not yet done so.

There is no claim involved in obtaining provisional relief. It is obtained upon a declaration, in a return, of an intention to acquire new land. The landowner will need to make a claim for relief when the new land is acquired.

The procedure for provisional relief is the same as that for the equivalent provisional relief system for business asset roll-over relief explained at CG60310.

Claims for relief: time limit

A claim for relief under section 247 TCGA 1992 is to be made by the landowner. The time limit in section 43 of the Taxes management Act 1970 applies, see CG60310.

Where a claim is made under the provisions of section 247, no claim is possible in respect of the same property under section 243, see CG72200+.