Capital sums derived from assets
01/02/2024

HMRC’s guidance is clear that where a capital sum is derived from an asset, the relevant legislation treats the owner as having made a disposal for capital gains purposes.

The legislation contained in s22 TCGA92 states that there is:

“…..a disposal of assets by their owner where any capital sum is derived from assets notwithstanding that no asset is acquired by the person paying the capital sum…..”

There are occasions when a person may receive a capital sum even though a natural disposal of an asset has not occurred, for example, on receiving compensation for damage to an asset or a sum of money from another person for the right to use or exploit an asset.

HMRC’s internal manual states that as the word ‘disposal’ is not expressly defined in TCGA92 it must be given its normal everyday meaning. Therefore, disposals for capital gains purposes include natural disposals and part disposals of assets.


About Us

Lord Associates was formed in 2001 by Senior Partner Nigel Lord who saw an opening for a new type of tax consultancy which could provide strategic business advice and also the full range of ancillary services required by clients seeking to arrange their affairs tax efficiently.

Contact us

Loughton Office
9-11 High Beech Road,
Loughton, Essex,
IG10 4BN

020 8418 9101
tax@lordassociates.co.uk

Newsletter Sign Up

With our newsletter, you automatically receive our latest news via e-mail and get access to the archive including advanced search options!

» Sign up for the newsletter
» Login

Newsfeed Search


JUMP TO TOP