CG12952 - Capital sums derived from assets: s22(1)(c) TCGA92: forfeiture or surrender of rights

S22(1)(c) TCGA92 deems a disposal when the owner of an asset receives a capital sum, see CG12980, in return for:

• forfeiting or surrendering his rights over the asset, or
• refraining from exercising his rights over the asset.

Guidance on the circumstances in which a ‘right’ is an asset for CG purposes is given at CG12000+.

Examples of capital sums within s22(1)(c) TCGA92 include (but are not limited to):

• payments received in consideration of giving up contractual rights, see CG13000;
• payments for entering into a covenant which restricts the recipient’s actions in relation to an asset, see CG68060
• release of an option for consideration (Welbeck Securities Ltd v Powlson (Inspector of Taxes) (60 TC 269)).

In certain circumstances, and subject to a claim being made, s23 TCGA92 prevents the receipt of a capital sum within s22(1)(c) TCGA92 from being treated as an occasion of a disposal where the receipt is applied in restoring a damaged asset or replacing an asset which has been lost or destroyed, see CG15700+.