Capital gains treatment for insurance proceeds on destruction of capital assets, taxable in the year of receipt. A new provision treats receipts from an insurer for damage to or destruction of a capital asset as Capital gains, deeming such receipts the income of the previous year in which they are received; for section 48 purposes the money received or fair market value of other assets on the date of receipt is deemed to be the full value of the consideration. The rule applies to losses from specified perils and adopts the Insurance Act definition of 'insurer.'
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Capital gains treatment for insurance proceeds on destruction of capital assets, taxable in the year of receipt.
A new provision treats receipts from an insurer for damage to or destruction of a capital asset as Capital gains, deeming such receipts the income of the previous year in which they are received; for section 48 purposes the money received or fair market value of other assets on the date of receipt is deemed to be the full value of the consideration. The rule applies to losses from specified perils and adopts the Insurance Act definition of "insurer."
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