Capital sums derived from assets: section 22 TCGA 1992: the charge to tax
Introduction and layout of guidance
Section 22 TCGA 1992 provides 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…..”
CG12975 explains what is meant by the term ‘owner’.
CG12980 explains what is meant by the term ‘capital sum’.
CG12985 explains what is meant by the term ‘derived from assets’.
The words “notwithstanding that no asset is acquired” should be interpreted as meaning “whether or not an asset is acquired by the person paying the capital sum”. This follows from Marren v Ingles, 54TC76, in which the wording of section 22(1) was considered to have the effect of extension not of limitation.
Section 22(1)(a) - (d), see CG12948 - CG12955, brings certain categories of capital sums within the scope of the section. However, it is important to bear in mind that the receipt of a capital sum which is not within any of those categories may still be treated as an occasion of a deemed disposal if the general conditions of section 22(1) set out above are satisfied.
If a series of capital sums is received each receipt is an occasion of a separate disposal.
CG12985+ provides guidance on identifying the asset from which the capital sum was derived.
CG12965 explains the interaction of section 22(1) and section 24(1) in situations where a capital sum is derived from an asset which has been totally lost, destroyed or has otherwise ceased to exist.
Time of disposal
CG12960 explains the rules for determining the time of disposal.
Reliefs and exemptions
Any exemptions or reliefs (eg roll-over relief under section 155 TCGA 1992, or private residence relief under section 222) that is available on a disposal or part disposal of the asset will be available on a deemed disposal within section 22(1) provided that the relevant statutory conditions are satisfied.
The word ‘disposal’ includes occasions when a part disposal or a disposal of an interest in an asset is deemed to have taken place, see CG12700+. Therefore, the part disposal formula in section 42(2) TCGA 1992 may have to be applied to determine any allowable costs within section 38(1)(a) and (b), see CG15160+, that should be deducted in the CG computation on a deemed disposal within section 22(1).
The part disposal formula may apply, for example, where:
- the asset from which the capital sum was derived is otherwise disposed of, see below, or
- a series of capital sums are derived from an asset.
An asset is damaged in a fire and the owner receives a capital sum under a policy of insurance. The asset is then sold in its damaged condition for a fraction of its original value.
The part disposal formula in section 42(2) TCGA 1992 should be applied to determine what proportion of the allowable costs is to be deducted in computing the gain arising under section 22(1). The remainder of the allowable costs will be available to deduct in computing any gain or loss arising on the subsequent disposal of the asset in its damaged state.