Section 809Z8 | Meaning of “the disposal proceeds” ^F1

(1)In this Chapter, in relation to a sale or other disposal, “the disposal proceeds” means—

(a)the consideration for the disposal, less

(b)any agency fees that are deducted before the consideration is paid or otherwise made available to or for the benefit of the person making the disposal (“the transferor”) or any other relevant person.

(2)The following rules apply in determining the consideration for the disposal.

(3)If the consideration is provided in the form of anything other than money, the amount of the consideration is the market value of the thing at the time of the disposal.

(4)If the disposal is made other than by way of a bargain made at arm's length, the disposal is deemed to be made for a consideration equal to the market value, immediately before the disposal, of the thing being disposed of.

(5)Without limiting the generality of subsection (4), a disposal made to another relevant person or to a person connected with a relevant person is treated in all cases as made other than by way of a bargain at arm's length.

(6)In subsection (1), “agency fees” means fees and other incidental costs of the disposal that are charged to the transferor by any person by or through whom the disposal is effected, but excluding any such fees or costs that—

(a)are charged to the transferor by another relevant person, or

(b)are to be passed on to or otherwise applied for the benefit of a relevant person.

(7)The exclusion mentioned in subsection (6) does not apply to the extent that the fees or costs—

(a)relate to a service actually provided by the relevant person to the transferor in connection with effecting the disposal, and

(b)do not exceed the amount that would be charged for that service if it were provided in the ordinary course of business and on arm's length terms.