i-law

Litigation Letter

CGT on business assets

The Inland Revenue has reversed its position on imposing capital gains tax on the transfer of business assets in divorce proceedings following the decision in G v G [2002] EWHC 1339. Its previous position that assets transferred by court order on divorce should be chargeable because the right to pursue a court action amounted to a non-cash consideration no longer applies to transfers that took place on or after 31 July 2002 and to cases that had not settled by that date.

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