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Mystery of the underwood

By: Language: English Series: Taxation ; 161(4165) 17 July 2008, 58-61(4)Publication details: 2008Subject(s): Summary: First in a series of two articles (see L144656), examines the disposal for capital gains tax purposes in light of the decision in Underwood v CRC. Points out that there is no legal definition of a disposal. Considers whether or not the transfer of beneficial ownership amounts to a disposal. Also looks at the treatment of transfers of assets into a trust; the nature of a promissory contract and the case of Jerome v Kelly. Detailed discussion of Underwood case.

First in a series of two articles (see L144656), examines the disposal for capital gains tax purposes in light of the decision in Underwood v CRC. Points out that there is no legal definition of a disposal. Considers whether or not the transfer of beneficial ownership amounts to a disposal. Also looks at the treatment of transfers of assets into a trust; the nature of a promissory contract and the case of Jerome v Kelly. Detailed discussion of Underwood case.