Part IVShares, securities, options etc.

Chapter IGeneral

Capital distribution in respect of shares etc.

122Distribution which is not a new holding within Chapter II

(1)Where a person receives or becomes entitled to receive in respect of shares in a company any capital distribution from the company (other than a new holding as defined in section 126) he shall be treated as if he had in consideration of that capital distribution disposed of an interest in the shares.

(2)If the inspector is satisfied that the amount distributed is small, as compared with the value of the shares in respect of which it is distributed, and so directs—

(a)the occasion of the capital distribution shall not be treated for the purposes of this Act as a disposal of the asset, and

(b)the amount distributed shall be deducted from any expenditure allowable under this Act as a deduction in computing a gain or loss on the disposal of the shares by the person receiving or becoming entitled to receive the distribution of capital.

(3)A person who is dissatisfied with the refusal of the inspector to give a direction under this section may appeal to the Commissioners having jurisdiction on an appeal against an assessment to tax in respect of a gain accruing on the disposal.

(4)Where the allowable expenditure is less than the amount distributed (or is nil)—

(a)subsections (2) and (3) above shall not apply, and

(b)if the recipient so elects (and there is any allowable expenditure)—

(i)the amount distributed shall be reduced by the amount of the allowable expenditure, and

(ii)none of that expenditure shall be allowable as a deduction in computing a gain accruing on the occasion of the capital distribution, or on any subsequent occasion.

In this subsection “allowable expenditure” means the expenditure which immediately before the occasion of the capital distribution was attributable to the shares under paragraphs (a) and (b) of section 38(1).

(5)In this section—

(a)the “amount distributed” means the amount or value of the capital distribution,

(b)“capital distribution” means any distribution from a company, including a distribution in the course of dissolving or winding up the company, in money or money’s worth except a distribution which in the hands of the recipient constitutes income for the purposes of income tax.