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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading General provisions

  • Section 21 Assets and disposals.
  • Section 22 Disposal where capital sums derived from assets.
  • Section 23 Receipt of compensation and insurance money not treated as a disposal.
  • Section 24 Disposals where assets lost or destroyed, or become of negligible value.
  • Section 24A Structures and buildings contributions allowances: destruction of asset
  • Section 25 Non-residents: deemed disposals.
  • Section 25ZA Postponing gain or loss under section 25(3): interests in UK land
  • Section 25A Long funding leases of plant or machinery: deemed disposals
  • Section 26 Mortgages and charges not to be treated as disposals.
  • Section 26A Transfers in respect of dormant assets
  • Section 27 Disposals in cases of hire-purchase and similar transactions.
  • Section 28 Time of disposal and acquisition where asset disposed of under contract.
  • Section 28A Contracts completed after ordinary notification period
  1. General provisions
  2. Mortgages and charges not to be treated as disposals.

Section 26 | Mortgages and charges not to be treated as disposals.

From legislation.gov.uk

(1)The conveyance or transfer by way of security of an asset or of an interest or right in or over it, or transfer of a subsisting interest or right by way of security in or over an asset (including a retransfer on redemption of the security), shall not be treated for the purposes of this Act as involving any acquisition or disposal of the asset.

(2)Where a person entitled to an asset by way of security or to the benefit of a charge or incumbrance on an asset deals with the asset for the purpose of enforcing or giving effect to the security, charge or incumbrance, his dealings with it shall be treated for the purposes of this Act as if they were done through him as nominee by the person entitled to it subject to the security, charge or incumbrance; and this subsection shall apply to the dealings of any person appointed to enforce or give effect to the security, charge or incumbrance as receiver and manager or judicial factor as it applies to the dealings of the person entitled as aforesaid.

(3)An asset shall be treated as having been acquired free of any interest or right by way of security subsisting at the time of any acquisition of it, and as being disposed of free of any such interest or right subsisting at the time of the disposal; and where an asset is acquired subject to any such interest or right the full amount of the liability thereby assumed by the person acquiring the asset shall form part of the consideration for the acquisition and disposal in addition to any other consideration.

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