A. Yes, it is not necessary to establish a direct link between the disposal proceeds and their application, provided that replacement asset or assets are acquired within the normal time limits of 12 months before, or 36 months following the disposal (see HMRC capital gains manual, paragraph CG60760, although note the exception to this rule where an extension to the limit for reinvestment is requested by the taxpayer under Section 152 (3) TCGA 1992). Provided the new asset is purchased within the statutory time limit the disposal consideration may be regarded as having been applied in acquiring the new qualifying asset. In practical terms it would be unfair to expect a direct link between the disposal proceeds and the new acquisition to be shown and in fact, where the acquisition of the new asset precedes the disposal of the old one, it would not be possible to meet this condition if the legislation were interpreted too narrowly.
Please feel free to share this article with your clients
If you have a tax query, why not contact the Tax Advice Line on 0844 892 2470 to discuss it. Our team of experts have a wealth of experience and can also provide a written consultancy service at £180 per hour plus VAT.