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HMRC internal manual

Capital Gains Manual

Administration: insolvency: general

See INS1300 + for general instructions on bankruptcies etc, arrangements and associated procedures.

TCGA92/S8 (6)

The appointment of a liquidator in the case of a voluntary or compulsory liquidation of a company does not give rise to a disposal of

  • assets by the company
  • shares by the shareholders.

The reasons for this are

  • the liquidator is treated for all Capital Gains Tax purposes as a `bare trustee’, see CG34300+
  • disposals by the shareholders take place when the liquidator makes distributions of assets, see CG40430+.

You should treat a receiver or manager who is appointed to control the affairs of a company in the same way as a liquidator even though that person may be a receiver for creditors or debenture holders. See CG15260 in connection with the allowance of expenses incurred by the liquidator in disposing of a company’s assets.