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HMRC internal manual

Capital Gains Manual

Gifts: gifts of business assets: how to obtain relief

TCGA92/S165 (1)

Hold-over relief is only available if it is claimed. The claim must be made

  • jointly by the donor and the donee


  • only by the donor if the donee is the trustee of a settlement.
  • within 4 years from the end of the year of assessment in which the disposal occurred. See TMA70/S43(1).

Relief can only be claimed under Section 165 if it cannot be claimed under TCGA92/S260, see CG67030+.