Section 48 — Taxation of Chargeable Gains Act 1992: Consideration due after time of disposal.

Consideration due after time of disposal. 48 1 In the computation of the gain consideration for the disposal shall be brought into account without any discount for postponement of the right to receive any part of it and, in the first instance, without regard to a risk of any part of the consideration being irrecoverable or to the right to receive any part of the consideration being contingent;

and if any part of the consideration so brought into account subsequently proves to be irrecoverable, there shall be made, on a claim being made to that effect, such adjustment, whether by way of discharge or repayment of tax or otherwise, as is required in consequence .

2 Subsection (1) above does not apply in relation to so much of any consideration as consists of rights under a creditor relationship to which a company becomes a party as a result of the disposal.

3 In the computation of the gain in a case where subsection (2) above has effect in relation to any consideration, the amount to be brought into account in respect of that consideration is the fair value of the creditor relationship.

4 In this section—

a “ creditor relationship ”, and b “ fair value ”, in relation to a creditor relationship, each have the same meaning as in Part 5 of CTA 2009 (see sections 302(5) and 313(6)) .