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Home / Simons-Taxes /Capital gains tax /Part C3 Capital gains exemptions and reliefs /Division C3.15 Goodwill and intellectual property rights /CGT treatment of goodwill and intellectual property rights / C3.1501 CGT treatment of goodwill and intellectual property rights—overview
Commentary

C3.1501 CGT treatment of goodwill and intellectual property rights—overview

Capital gains tax

For updates affecting this Division please see Part C0 Updates

CGT treatment of goodwill and intellectual property rights

C3.1501 CGT treatment of goodwill and intellectual property rights—overview

Defining goodwill

Goodwill, which is an asset within the meaning of TCGA 1992, s 21(1)1, is not defined for capital gains tax (CGT) purposes. HMRC refers to the decision in Balloon Promotions Ltd; Vela-Castro2 which provides authority that goodwill should be construed in accordance with legal rather than accountancy principles in the context of CGT3. The leading legal authority is given in a stamp duty case4 which held that goodwill is the benefit and advantage of the good name, reputation and connection of a business. Intellectual property rights (IPRs) include registered trade marks and designs, franchise rights,

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