CG15084 - Deferred consideration: unascertainable: election for treatment of loss - rights - five specified conditions
TCGA92/S279A
A right to deferred unascertainable consideration will be within the provisions if it meets all of the following conditions:
- it must have been acquired by the taxpayer as the whole or part of the consideration for a disposal (including a part disposal), the âoriginal disposalâ by him of another asset, the âoriginal assetâ;
- the original disposal must have been made in a tax year, âthe year of the original disposalâ, earlier than the one in which the taxpayer made the disposal of the right, âthe year of the rightâs disposalâ;
- where the taxpayer acquired the right as consideration for two or more original disposals, each of those disposals must have been made before the year of the rightâs disposal;
- the taxpayer must not have acquired the right second-hand, that is it must have been acquired by the taxpayer, with no corresponding disposal, as consideration for the disposal by him of an asset;
- the right must be a right to unascertainable consideration as defined in TCGA92/S279B, see CG15089 below.