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HMRC internal manual

Capital Gains Manual

Roll-over relief: compulsory acquisition of land: time limits

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

Time limit for claims

A claim for relief under TCGA92/S247 is to be made by the landowner. The time limit in TMA70/S43 applies, see CG60600.

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+.

Provisional claims to relief can be made under TCGA92/S247A where the landowner declares an intention to acquire new land. The procedure for provisional relief is the same as that for the equivalent provisional relief system for business asset roll-over relief explained at CG60700+.

Time limit for reinvestment

The period during which the new land is to be acquired is the same as in TCGA92/S152 (3) with references to the old and new land being read in place of old and new assets. The guidance at CG60620+ applies.