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HMRC internal manual

Capital Gains Manual

Deferred consideration: unascertainable: election for treatment of loss - rights - five specified conditions

TCGA92/S279A

A right to deferred unascertainable consideration will be within the provisions if it meets all of the following conditions:

  1. it must have been acquired by the taxpayer as the whole or part of the consideration for a disposal (including a part disposal), the “original disposal” by him of another asset, the “original asset”;
  2. the original disposal must have been made in a tax year, “the year of the original disposal”, earlier than the one in which the taxpayer made the disposal of the right, “the year of the right’s disposal”;
  3. where the taxpayer acquired the right as consideration for two or more original disposals, each of those disposals must have been made before the year of the right’s disposal;
  4. the taxpayer must not have acquired the right second-hand, that is it must have been acquired by the taxpayer, with no corresponding disposal, as consideration for the disposal by him of an asset;
  5. the right must be a right to unascertainable consideration as defined in TCGA92/S279B, see CG15089 below.