KEY POINTS
- No definition of a disposal exists in the legislation
- Does the transfer of beneficial ownership constitute a disposal?
- The treatment of transfers of assets into a trust
- The nature of a promissory contract
- How does Jerome v Kelly help?
Capital gains tax was introduced 43 years ago. It is and has been since its introduction chargeable on capital gains 'accruing to a person on the disposal of assets'.
One might have thought therefore that the nature of a disposal for capital gains tax would be absolutely clear. In fact there is no general definition of a disposal to be found in the legislation although particular provisions extend the meaning of the word to various transactions and other situations which would or might not be disposals within...
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