What does Capital gain mean? Capital gain describes the profit realised when an asset is disposed of for more than its acquisition or base cost, after deducting allowable costs (for example, incidental acquisition and disposal expenses and qualifying enhancement expenditure). It arises on a disposal, not merely from an increase in value; an unrealised capital gain is a paper gain that would crystallise only if a disposal occurs. The opposite outcome is a capital loss. In practice, disposals include sales, gifts, part disposals and certain reorganisations. The concept is used across transactional, private client and corporate tax work because the timing, valuation and structure...
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A charge to capital gains tax (CGT) arises when a chargeable person makes a chargeable disposal of a chargeable asset, which may lead to a gain or a loss. The principles are outlined in the Practice Note: Introductory guide to CGT. This Practice Note sets out the general rules for deciding whether an individual has made a gain or loss on a chargeable disposal.
For disposals from 6 April 2008 onwards, a straightforward cash-based calculation applies. Begin with the sale proceeds (P) and deduct the incidental costs of sale (C) to reach a subtotal. From that balance, deduct the costs of acquisition (A) and add any enhancement expenditure (E). The resulting figure is the chargeable gain or allowable loss (G).
Incidental costs of making the disposal are deductible where incurred wholly and exclusively for the purposes of the disposal. These include:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...