Article 105 addresses scenarios involving the permanent loss of possession of a capital asset, distinct from the physical destruction covered in Article 104 (e.g., theft or compulsory seizure). In such cases, the disposal value for tax purposes is the sum of any insurance payments received specifically against the risk of permanent loss of possession and any other capital sums received as compensation. This ensures that even when an asset is no longer physically within a taxpayer's control, any financial recovery triggered by that loss is appropriately accounted for in the tax assessment process.
Part 3 - Chargeability to Tax
Chapter 3 - Depreciation of Capital Assets
Section 6 - Provisions Concerning the Disposal of Capital Assets
Article 105
[GTL Notes: Disposal Value in the event of Permanent Loss of Possesion of Capital Assets]
The disposal value in case of permanent loss of possession of a capital asset, other than those cases mentioned in the foregoing Article 104, shall be the aggregate of:
Any payments received under an insurance policy made against the risk of permanent loss of possession of that asset;
Any other capital sums received as compensation, irrespective of their nature.
Continue Reading
Access Full Content
You're viewing a preview of this document. Please log in to unlock the complete content, annotations, and research tools.