SolvedCG77800 | Europe: quotas: introduction
From HM Revenue & Customs · Capital Gains Manual
As explained in the Business Income Manual (see BIM53005+) various quota systems operate within the UK farming industry to regulate production, or the entitlement to, production subsidies. Examples include -
More detailed guidance on the CG treatment for certain quotas is referred to above but the following general principles will normally apply:
The quota is an asset for CG purposes
The asset is a fungible asset
There are special identification rules for fungible assets in Sections 104+ TCGA 1992 and you will find detailed guidance on these at:
CG50524+ dealing with the rules which operated between 6 April 1982 and 31 March 1985
CG50530+ dealing with the rules which were introduced with effect from 1 April 1985 and which continue to apply to corporate producers for acquisitions or disposals on or after 6 April 1998
CG50564+ dealing with the rules which apply to individual producers for acquisitions or disposals on or after 6 April 1998 but before 6 April 2008
CG manual appendix 10 dealing with the rules which apply to individual producers for acquisitions or disposals on or after 6 April 2008.
The asset is an intangible asset and so for a company it will fall within the Corporate Intangibles regime. The rules in CTA09/PART8 normally only apply to intangible fixed assets created or acquired by a company on or after 1 April 2002 (‘commencement date’). Detailed guidance on the Corporate Intangibles regime is within the Corporate Intangibles and Research & Development Manual see CIRD10100+
If you are dealing with a case which involves a topic not covered by these instructions, or elsewhere in the manual Capital Gains Technical Group will be happy to look at it if it cannot be resolved otherwise.