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humai.
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humai
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Hello Sir,
If a business sells warehouse used in business and reinvest proceeds in fixed Plant and machinery within qualifying period then will rollover relief be available or holdover relief be available?
Similarly, if a business sells warehouse used in business and reinvest proceeds in movable Plant and machinery within qualifying period then will rollover relief be available or holdover relief be available?
Tax Tutor
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You will of course find the answers you need within the study notes and lectures.
1. The term holdover relief is one that I and others use but other writers will just refer to rollover relief. The issue about reinvestment in Fixed Plant & Machinery is that it represents a depreciating asset and therefore the way in which the gain is deferred is different to the normal rollover relief method – see study notes chapter 14 sections 3.5 – 3.8
2. No relief will be available – moveable plant and machinery is NOT a qualifying business asset for the purposes of this reliefhumai
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Ok now I have understood after going through OT notes, but just to clear my confusion
1) If business sells warehouse used in business, and reinvest proceeds in movable plant and machinery to be used in business then neither rollover relief not holdover relief will be available?
2) If If business sells warehouse used in business, and reinvest proceeds in fixed plant and machinery to be used in business then holdover relief will be available on gain arising on disposal of warehouse?
3) If business sells fixed plant and machinery used in business, and reinvest proceeds in warehouse to be used in business then Rollover relief (Not holdover relief) will be available on gain arising on disposal of fixed plant and machinery?
4) If business sells movable plant and machinery used in business and reinvest proceeds in fixed plant and machinery or warehouse to be used in business, in this case will rollover or hold over relief be available?
Tax Tutor
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1. Yes – moveable plant and machinery is NOT a qualifying business asset
2. Yes
3. Only a gain deferred when fixed plant and machinery was purchased may be deferred through rollover relief assuming it has not already crystallised at an earlier date
4. No reliefhumai
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In 3rd case, you mean to say that holdover relief (not rollover) will be available on gain arising on disposal of fixed plant and machinery? right?
humai
Tax Tutor
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