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Posted Sat, 05 Aug 2023 11:48:17 GMT by J S
If one receives a significant lump sum payment for an easement in perpetuity from a utility company in relation to access and maintain their equipment on ones property, how is this treated for taxation purposes ? Presumably it is a CGT liability as opposed to income ? How and when is this dealt with with if one is a normal basic rate tax payer who up until now had only been on PAYE ?
Posted Thu, 10 Aug 2023 06:08:54 GMT by HMRC Admin 25 Response
Hi J S,
Please refer to guidance here and associated links:
CG15700P - Capital Gains manual: introduction and computation: computation: compensation: contents
Thank you. 
Posted Thu, 10 Aug 2023 08:19:14 GMT by J S
Hi Admin 25, As the gain from the asset doesn't appear to fall under any of the other category headings, seeing as it is not lost, damaged, destroyed, wasted, restored or being demolished.. ..the only part of the Capital Gains manual which I think appertains to my enquiry is perhaps this part ? CG15701 - Compensation: asset not lost or destroyed Where an asset has not been lost or destroyed, but the owner receives compensation for the damage to the asset, s22(1) TCGA92 treats the compensation as a capital sum derived from the asset (see CG12945 and CG12948). Have I understood that correctly ? But the compensation, if it can be termed thus, is for perpetual access to the asset, to which I still hold title, and not in relation to any damage per se. Is 'access' to an asset categorized as 'damage' eg treated in the same way ? Hav I understood this corrctly ?
Posted Thu, 10 Aug 2023 10:21:06 GMT by J S
Apologies, I think I missed something, presumably this is where I should be going ? CG15701 > CG12945 which I think is perhaps more relevant.
Posted Wed, 16 Aug 2023 05:29:46 GMT by HMRC Admin 25 Response
Hi J S,
As explained in PIM1115,  a lump sum payment for an easement in perpetuity from a utility company is regarded as a capital receipt (and accordingly is not chargeable as trading income) but CGT may arise (CG12955 refers).  
PIM1115 - Income excluded from UK property business: wayleaves: CT 
CG12955 - Capital sums derived from assets: s22(1)(d) TCGA92: use or exploitation of assets
Thank you. 

 

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