Article 108 mandates that capital assets not included in the 'pooling' system (such as buildings, ships, aircraft, and certain intangibles) must undergo a balancing adjustment upon disposal. If these assets were subject to depreciation under the current Law or the previous Law of Income Tax on Companies, a 'balancing charge' or 'balancing allowance' must be calculated. This ensures that for high-value individual assets, the total tax relief granted over the asset's life is reconciled with its actual final disposal value, preventing either excessive tax deductions or untaxed capital gains.
Part 3 - Chargeability to Tax
Chapter 3 - Depreciation of Capital Assets
Section 7 - Balancing Allowance or Balancing Charge in Case of Disposal of Buildings, Ships, Aircrafts, and Intangible Assets
In cases of disposal of any capital asset which does not fall in any pool of assets provided for in Article 90 of this Law, and on which depreciation was allowed for any accounting period in accordance with this Law or the First Schedule attached to the Law of Income Tax on Companies, balancing charge or balancing allowance shall be made in accordance with the provisions of this Section.
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