- 6 Marks
Question
Capital gains may be defined as gains arising from increases in the market value of capital assets, to a corporate body or person who does not habitually offer them for sale, and in whose hands they do not constitute inventory-in-trade.
With respect to the Capital Gains Tax Act, you are required to explain:
(i) When a “disposal” is said to have taken place. (2 Marks)
(ii) What constitutes “incidental costs”? (2 Marks)
(iii) Under what circumstances can a “delayed remittance” relief be granted? (2 Marks)
Answer
(i) When a “disposal” is said to have taken place
A disposal is considered to occur when ownership of an asset changes, either by sale, gift, or exchange. It also includes part-disposal, capital sums received from damages or insurance claims, compensation for rights surrender, and consideration for asset exploitation.
(ii) Incidental Costs
These are expenses necessary for asset acquisition and disposal, including:
- Surveyor, valuer, auctioneer, accountant, agent, or legal adviser fees.
- Transfer costs, including stamp duty.
- Advertising expenses to locate buyers or sellers.
- Costs incurred in determining the market value.
(iii) Delayed Remittance Relief Conditions
Delayed remittance relief applies when a taxpayer is unable to transfer gains from the sale of assets located outside Nigeria. Conditions for relief include:
- Transfer restrictions due to foreign laws, government actions, or currency unavailability.
- Proof of reasonable attempts to transfer the gains.
- Written claims to the tax authority within six years of the year the gains accrued.
- Topic: Capital Gains Tax (CGT)
- Series: MAY 2018
- Uploader: Dotse