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United Kingdom

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Depreciating asset meaning

Published by a LexisNexis Tax expert
What does Depreciating asset mean?
In practice, a depreciating asset is one expected to lose value or have a limited remaining life, a concept most often encountered in capital gains tax rollover relief claims. In UK tax law, the term has a statutory meaning: for TCGA 1992 purposes it is a wasting asset (broadly, an asset with a predictable life not exceeding 50 years) within s.44, or an asset that will become a wasting asset within 10 years of acquisition (s.154(7)). Its practical significance is that reinvestment of disposal proceeds into a depreciating asset does not give full rollover relief under TCGA 1992; instead, relief is by way of hold‑over. The deferred gain typically crystallises on the earliest of the asset’s disposal, it ceasing to be used for the trade, or 10 years from acquisition (see s.154 TCGA 1992). This statutory usage is consistent across England and Wales, Scotland and Northern Ireland. In Ireland, “depreciating asset” is not a defined term for current CGT reinvestment reliefs and is used descriptively rather than as a statutory trigger for rollover relief.
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PRACTICE NOTES
UK roll-over relief for business assets: conditions, qualifying assets, time limits and special cases including partial reinvestment, depreciating assets, deeming rules, non-residents and groups

Roll-over relief for capital assets This Practice Note explains roll-over relief for capital assets, a postponement of capital gains tax, or corporation tax on chargeable gains, available on certain disposals of business assets when the sale proceeds are reinvested into other business assets. When a business sells plant and machinery to obtain more modern equipment, or disposes of land and buildings in order to move to alternative premises, it may crystallise a chargeable capital gain (see Practice Note: What is a capital gain?). If traders in these circumstances faced an immediate tax liability, that could deter businesses from modernising, expanding or relocating. Hence the availability of roll-over relief for business assets. The underlying principle of the relief is that capital gains arising on business assets can remain untaxed so long as those gains are reinvested in other assets used within the business...

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