CG68070 - Goodwill: goodwill ceasing to exist: TCGA92/S24(1)
TCGA92/S24(1) provides that the occasion of the entire loss,
destruction, dissipation or extinction of an asset shall constitute
a disposal for CG purposes.
If a person ceases to carry on a business without disposing
of it as a going concern any goodwill in that business may be
presumed to have ceased to exist provided that the cessation is
permanent. A loss may therefore arise by reference to the original
cost of goodwill, if any, or its 31 March 1982 market value as
appropriate.
If, however, the suspension of the business is a temporary
measure we would consider that goodwill continues to exist pending
a recommencement of business activities. Where no positive decision
is made to cease trading permanently we would not accept that
TCGA92/S24(1) applies to deem a disposal of goodwill.
A deemed disposal under TCGA92/S24(1) occurs at the date of
cessation and there are no provisions for any loss to be treated as
accruing at an earlier date.
TCGA92/S24(1) and TCGA92/S24(2) are mutually exclusive. A
claim under TCGA92/S24(2) that goodwill has become of negligible
value cannot be made on or after the permanent cessation of a
business for the reasons given at CG68080.
