# Finance Act 2009, Paragraph 11

Extent: E+W+S+N.I.

(1) This paragraph applies if—
(a) the interest in the land is transferred by Q to P without conditions E and F having been met,
(b) the period mentioned in paragraph 5(11)(b) expires without each of those conditions having been met, or
(c) at any time it becomes apparent for any other reason that any of conditions E to G cannot or will not be met.
(2) This paragraph also applies where (in the case of an interest in land in England ... or Northern Ireland) condition D is not met.
(3) Where this paragraph applies, paragraph 10(2) and (3) (disregard of transactions for purposes of TCGA 1992) do not apply.
(4) Where, by virtue of sub-paragraph (3), any chargeable gain or loss is treated as accruing to a person, that gain or loss is to be treated as accruing—
(a) in the case mentioned in sub-paragraph (1)(a), immediately before the transfer from Q to P,
(b) in any case mentioned in paragraph (b) or (c) of sub-paragraph (1), at the time mentioned in that paragraph, and
(c) in the case mentioned in sub-paragraph (2), at the end of the period mentioned in paragraph 5(6).

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Source: https://www.legislation.gov.uk/ukpga/2009/10/schedule/61/paragraph/11 (the official version)
Page: https://openlegislation.uk/finance-act-2009/schedule-61/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.