Part 13

Tax avoidance
Chapter 4

Sales of occupation income

Exemption for sales of going concerns

Restriction on exemption: sales of future earnings
785
1
This section applies if the value as a going concern mentioned in section 784(4) or (5) is derived to a material extent from prospective income or receipts derived directly or indirectly from the individual's activities in the occupation.
2
The exemption under section 784 applies to the value so derived only if the future earnings condition is met.
3
The future earnings condition is met if, ignoring all capital amounts, the individual will receive full consideration for the prospective income or receipts, whether as a partner in a partnership or as an employee or otherwise.
4
The references in subsections (1) and (3) to income or receipts include references to payments for any description of copyright, licence, franchise or other right deriving its value from the individual's activities (including past activities).