header-logo header-logo

The Taxman cometh

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll