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, HMRC introduced extra statutory concession D33 (D33) in December

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll