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Legislation
Capital Gains Tax Act 1979 (repealed 6.3.1992)

Crossheading Computation of gains

  • Section 30 Introductory.
  • Section 31 Consideration chargeable to tax on income.
  • Section 32 Expenditure: general.
  • Section 32A Expenditure: amounts to be included as consideration.
  • Section 33 Exclusion of expenditure by reference to tax on income.
  • Section 33A (1) Where there is a transfer of securities within the...
  • Section 34 Restriction of losses by reference to capital allowances and renewals allowances.
  • Section 35 Part disposals.
  • Section 36 Assets derived from other assets.
  • Section 37 Wasting assets.
  • Section 38 Wasting assets: straightline restriction of allowable expenditure.
  • Section 39 Wasting assets qualifying for capital allowances.
  • Section 40 Consideration due after time of disposal.
  • Section 41 Contingent liabilities.
  • Section 42 Expenditure reimbursed out of public money.
  • Section 43 Supplemental.
  1. Computation of gains
  2. Consideration due after time of disposal.

Section 40 | Consideration due after time of disposal.

From legislation.gov.uk

(1)If the consideration, or part of the consideration, taken into account in the computation under this Chapter is payable by instalments over a period beginning not earlier than the time when the disposal is made, being a period exceeding eighteen months, then, if the person making the disposal satisfies the Board that he would otherwise suffer undue hardship, the tax on a chargeable gain accruing on the disposal may, at his option, be paid by such instalments as the Board may allow over a period not exceeding eight years and ending not later than the time at which the last of the first-mentioned instalments is payable.

(2)In the computation under this Chapter consideration for the disposal shall be brought into account without any discount for postponement of the right to receive any part of it and, in the first instance, without regard to a risk of any part of the consideration being irrecoverable or to the right to receive any part of the consideration being contingent; and if any part of the consideration so brought into account is subsequently shown to the satisfaction of the inspector to be irrecoverable, such adjustment, whether by way of discharge or repayment of tax or otherwise, shall be made as is required in consequence.

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