Can a company make a claim for group rollover relief without being in a capital gains group?

Can a company make a claim for group rollover relief without being in a capital gains group?

• A. Yes, as long as it meets the criteria
• B. No, it must be in a capital gains group
• C. Only if it has previous relief claims
• D. Yes, but limitations apply

Answer: (B)

A company can only make a claim for group rollover relief if it is part of a capital gains group. This type of relief is designed to allow companies within a group to defer paying capital gains tax when transferring assets between themselves. The primary requirement is that the companies must have a certain relationship, typically determined by ownership, which formalizes their status as a capital gains group. In a capital gains group, companies typically own at least 75% of the other companies in the group. This ownership structure ensures a closer financial relationship and allows for the deferral of tax liabilities when assets are transferred. Therefore, without being in a capital gains group, a company does not qualify for group rollover relief, as the legislation is specifically tailored to apply to entities within that defined relationship. Options suggesting that such a claim could be made under various circumstances or with limitations do not align with the requirements of the capital gains group rules. Thus, without being part of a capital gains group, a company cannot claim this type of relief.

A company can only make a claim for group rollover relief if it is part of a capital gains group. This type of relief is designed to allow companies within a group to defer paying capital gains tax when transferring assets between themselves. The primary requirement is that the companies must have a certain relationship, typically determined by ownership, which formalizes their status as a capital gains group.

In a capital gains group, companies typically own at least 75% of the other companies in the group. This ownership structure ensures a closer financial relationship and allows for the deferral of tax liabilities when assets are transferred. Therefore, without being in a capital gains group, a company does not qualify for group rollover relief, as the legislation is specifically tailored to apply to entities within that defined relationship.

Options suggesting that such a claim could be made under various circumstances or with limitations do not align with the requirements of the capital gains group rules. Thus, without being part of a capital gains group, a company cannot claim this type of relief.