Extra Statutory Concession D33 (ESC D33) was published in December 1988 in order to alleviate certain unintended results following the decision in Zim Properties Ltd v Proctor 58TC371, see CG13015.

It applies only in situations where a capital sum has been derived from a right of action. It does not apply where a capital sum has been derived from any other type of asset including statutory rights, see CG12995, or contractual rights, see CG13000.

Underlying asset

Paragraph 9 of ESC D33 provides that:

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