Medium2 marksMultiple Choice

ACCA · Question 23 · Chargeable gains for individuals

Section B - Case 2: Bramble Farms

Arthur owns Bramble Farms, a working agricultural estate. He decides to gift the entire estate to his daughter, Beatrice, during his lifetime. The estate includes agricultural land, a farmhouse occupied by Arthur, and various farm machinery.

Arthur realizes a capital gain on the gift of the agricultural land to Beatrice. Can Arthur and Beatrice jointly elect for CGT Gift Hold-Over Relief?

Answer options:

A.

No, because hold-over relief is only available for gifts to trusts.

B.

Yes, because the land is an asset used in Arthur's trade.

C.

No, because the gift is a Potentially Exempt Transfer (PET) for IHT.

D.

Yes, but only if Beatrice pays Arthur for the land.

How to approach this question

Identify the asset as a business asset. Gifts of business assets qualify for CGT hold-over relief under s.165 TCGA 1992.

Full Answer

B.Yes, because the land is an asset used in Arthur's trade.✓ Correct
CGT Gift Hold-Over Relief is available when an individual gifts a qualifying business asset. Since Arthur uses the agricultural land in his farming trade, it qualifies as a business asset. Arthur and Beatrice can jointly elect to hold over the gain, meaning Arthur pays no CGT and Beatrice's base cost is reduced by the held-over gain.

Common mistakes

Confusing business asset hold-over relief with the relief for gifts chargeable to IHT (which doesn't apply here as it's a PET).

Practice the full ACCA TX — Taxation Practice Exam 4

32 questions · hints · full answers · grading

More questions from this exam