On the disposal of an asset, the person making the disposal is entitled to deduct any expenditure wholly and exclusively incurred by that person in establishing, preserving or defending their title to, or to a right over, the asset1. It should be noted that, in contrast to the provisions relating to expenditure on acquisition (see C2.202) or enhancement (see C2.206) of assets, those relating to expenditure on preserving the owner's title to the asset do not extend to expenditure incurred on behalf of the person making the disposal.
In practice, deduction of expenditure on preserving or defending title to assets may be restricted because of the exclusion of expenditure allowed in computing income or profits2, if the asset has been a fixed asset used for the purposes of the trade and the costs were incurred in defending the title to the asset. For more details, see B2.408.
Cases on preservation of title
In Emmerson3, the Court of Appeal held that the payment of arrears of rent, in accordance with a condition
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