Section 24: Disposals where assets lost or destroyed, or become of negligible value., Taxation of Chargeable Gains Act 1992

Subject to the provisions of this Act and, in particular to sections 140A(1D), 140E(7) and 144, the occasion of the entire loss, destruction, dissipation or extinction of an asset shall, for the purposes of this Act, constitute a disposal of the asset whether or not any capital sum by way of compensation or otherwise is received in respect of the destruction, dissipation or extinction of the asset.

A negligible value claim may be made by the owner of an asset ("P") if condition A or B is met.

Condition A is that the asset has become of negligible value while owned by P.

Condition B is that—

the disposal by which P acquired the asset was a no gain/no loss disposal,

at the time of that disposal the asset was of negligible value, and

between the time when the asset became of negligible value and the disposal by which P acquired it, each other disposal (if any) of the asset was a no gain/no loss disposal.

Where a negligible value claim is made:

this Act shall apply as if the claimant had sold, and immediately reacquired, the asset at the time of the claim or (subject to paragraphs (b) and (c) below) at any earlier time specified in the claim, for a consideration of an amount equal to the value specified in the claim.

An earlier time may be specified in the claim if:

the claimant owned the asset at the earlier time; and

the asset had become of negligible value at the earlier time; and either

for capital gains tax purposes the earlier time is not more than two years before the beginning of the year of assessment in which the claim is made; or

for corporation tax purposes the earlier time is on or after the first day of the earliest accounting period ending not more than two years before the time of the claim.

Section 93 of and Schedule 12 to the Finance Act 1994 (indexation losses and transitional relief) shall have effect in relation to an asset to which this section applies as if the sale and reacquisition occurred at the time of the claim and not at any earlier time.

For the purposes of this section, a building and any permanent or semi-permanent structure in the nature of a building may be regarded as an asset separate from the land on which it is situated, but where a building or structure is so regarded, the person deemed to make the disposal of the building or structure shall be treated as if he had also sold, and immediately reacquired, the site of the building or structure (including in the site any land occupied for purposes ancillary to the use of the building or structure) for a consideration equal to its market value at that time.

Subsection (3C) applies, for the purposes of this section, in relation to an asset which is a leasehold interest in a building or structure by reference to which a person is entitled to an allowance under Part 2A of CAA 2001 (structures and buildings allowances).

For the purposes of subsection (3A), "leasehold interest" is to be construed in accordance with section 270IH of CAA 2001.

Where this subsection applies—

the building or structure is to be regarded, for the purposes of this section, as an asset separate from the land on which it is situated, and

subsection (3) does not apply.

But subsection (3C) does not apply if the person deemed to make the disposal of the building or structure makes an election under this subsection.

An election under subsection (3D), in respect of a deemed disposal, must be made by a notice given to an officer of Revenue and Customs—

in the case of an election by a person within the charge to corporation tax, within the period of two years from the end of the accounting period in which the disposal is deemed to be made; and

in any other case, on or before the first anniversary of the 31 January following the year of assessment in which the disposal is deemed to be made.

An election under subsection (3D) is irrevocable.

For the purposes of subsection (1C), a no gain/no loss disposal is one which, by virtue of any of the no gain/no loss provisions, neither a gain nor a loss accrues to the person making the disposal.

Section 24: Disposals where assets lost or destroyed, or become of negligible value.

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