Ken Moody looks into the practicalities and mechanics of incorporation relief under TCGA 1992, s 162 and finds it is not quite as straightforward as he remembered.
The first point to note is that for business incorporations on or after 6 April 2026, FA 2026, s 39 amends the capital gains tax incorporation relief provisions in TCGA 1992, s 162, requiring a claim to be made. Previously, the application of s 162 was automatic if the requirements of s 162 were met, the main one being that what is transferred to the company is a ‘business’ and not merely a collection of assets.
This issue most 
