40 Wasting assets

40  Wasting assets

(1)     In section 45 of TCGA 1992 (exemption for certain wasting assets), after subsection (3) insert—

“(3A)     But subsection (3) does not apply in the case of a disposal in relation to which subsection (3B) disapplies subsection (1).

(3B)     Subsection (1) does not apply to a disposal of, or of an interest in, an asset if—

(a)     at any time in

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