»Ê¹ÚÌåÓýapp

TCGA92/S284A (1), TCGA92/S284A (4) & TCGA92/S284A (5)

»Ê¹ÚÌåÓýapp concession must give the taxpayer the benefit of a capital gains relief which was not due by statute. `Reliefâ€� here means any reduction in the amount of the taxpayer’s chargeable gains from what it would have been without the concession. »Ê¹ÚÌåÓýapp amount of the benefit of the relief is the amount of that reduction. See the first example in CG13655. »Ê¹ÚÌåÓýapp relief may take the form of a statutory relief, such as roll-over relief, see CG60250+. Examples of concessions which are therefore within the scope of the legislation are

• ESC/D15, see CG60280, which allows roll-over relief which would not otherwise be due
• ESC/D32, see CG65745, which allows relief under TCGA92/S162.

Other concessions do not allow a capital gains relief as such. However they are also caught if they do actually give effective relief from a capital gains charge by

• treating an asset as the same as another asset, acquired as the other asset was acquired, or
• treating two or more assets as a single asset, or
• treating a disposal as giving rise to no gain/no loss.

Examples of such concessions are

• ESC/D39, see CG71240 - CG71243, which treats the surrender of an existing lease and the grant of a new extended lease as involving neither a disposal of the old lease, nor any separate acquisition of the new lease
• SP10/84, see CG78325, which allows certain foreign currency bank accounts to be treated as one account (for periods to 5 April 2012).