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Taxation of Chargeable Gains Act 1992

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This is the original version (as it was originally enacted).

22Disposal where capital sums derived from assets

(1)Subject to sections 23 and 26(1), and to any other exceptions in this Act, there is for the purposes of this Act a disposal of assets by their owner where any capital sum is derived from assets notwithstanding that no asset is acquired by the person paying the capital sum, and this subsection applies in particular to—

(a)capital sums received by way of compensation for any kind of damage or injury to assets or for the loss, destruction or dissipation of assets or for any depreciation or risk of depreciation of an asset,

(b)capital sums received under a policy of insurance of the risk of any kind of damage or injury to, or the loss or depreciation of, assets,

(c)capital sums received in return for forfeiture or surrender of rights, or for refraining from exercising rights, and

(d)capital sums received as consideration for use or exploitation of assets.

(2)In the case of a disposal within paragraph (a), (b), (c) or (d) of subsection (1) above, the time of the disposal shall be the time when the capital sum is received as described in that subsection.

(3)In this section “capital sum” means any money or money’s worth which is not excluded from the consideration taken into account in the computation of the gain.

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