Section 78: Gifts and their recipients

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 2: Confiscation: England and Wales

If the defendant transfers property to another person for a consideration whose value is significantly less than the value of the property at the time of the transfer, he is to be treated as making a gift.

If subsection (1) applies the property given is to be treated as such share in the property transferred as is represented by the fraction—

whose numerator is the difference between the two values mentioned in subsection (1), and
whose denominator is the value of the property at the time of the transfer.

References to a recipient of a tainted gift are to a person to whom the defendant has made the gift.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.