header-logo header-logo

30 October 2014 / Francesca Kaye , Mary Hodgson
Issue: 7628 / Categories: Features , Tax , Commercial
printer mail-detail

The Taxman cometh

Francesca Kaye & Mary Hodgson discuss the important changes to capital gains tax and compensation payments

In the case of Zim Properties Ltd v Proctor [1985] STC 90, 58 TC 371, the court decided that the right to take court action for compensation or damages is treated as an intangible asset for capital gains tax (CGT)/corporation tax purposes. This does not, however, apply to rights pursuant to statute or contract.

All references to CGT in this article apply equally to corporation tax.

According to the decision in Zim, anyone receiving compensation or damages, whether pursuant to a court order or negotiated settlement is treated as disposing of that asset (the right to sue) and the sum received is the gain which attracts CGT.

The right to sue is treated as having no acquisition cost as there will not have been any expenditure involved in acquiring that right, and the entire amount of the compensation will therefore be taxable.

Extra statutory concession D33—Pre-January 2014

To counteract the effect of Zim,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll