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123Section 122: sale for reasons outside farmer's control

(1)    This section applies for the purposes of section 116, as applied by section 122(2).

(2)    If—

(a)    the farmer was compelled to sell the part of the herd for reasons wholly outside the farmer's control, and

(b)    an animal (“the new animal”) that replaces an animal sold (“the old animal”) is of worse quality than the old animal,

the amount brought into account as a receipt under section 116 must not exceed the equivalent amount for the new animal.

(3)    If, immediately before it was added to the herd, the new animal was part of the farmer's trading stock, “the equivalent amount for the new animal” means—

(a)    in the case of an animal bred by the farmer, the cost of breeding the animal and rearing it to maturity, and

(b)    in any other case, the sum of the initial cost of acquiring the animal and the cost (if any) incurred by the farmer in rearing the animal to maturity.

(4)    Otherwise “the equivalent amount for the new animal” means the cost of the new animal.

NOTES
Initial Commencement
Specified date

This Act comes into force on 6 April 2005 and has effect, for the purposes of income tax for the year 2005–06 and subsequent tax years, and for the purposes of corporation tax for accounting periods ending after 5 April 2005: see s 883; for transitional provisions and savings see Sch 2 hereto.
Company Law & Business Entities92 Personal Taxes92 Companies & Corporate Bodies92 Income Tax92 Trading Income92 Tax Law92

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