541B Restrictive covenants.

(1) Where—

(a) a person gives an undertaking (whether absolute or qualified and whether legally valid or not), the tenor or effect of which is to restrict the person as to the person’s conduct or activities,

(b) in respect of the giving of that undertaking by the person, or of the total or partial fulfilment of that undertaking by the person, any sum is paid either to the person or to any other person, and

(c) that sum is neither—

(i) treated, for the purposes of the Tax Acts, as profits or gains chargeable to tax under Schedule D or Schedule E, nor

(ii) treated as consideration for the disposal of an asset for the purposes of the Capital Gains Tax Acts,

the amount of the sum shall be deemed for the purposes of the Capital Gains Tax Acts to be the amount of a chargeable gain accruing to ^[2]>the person to whom it is paid^<[2][2]>the person referred to in paragraph (a)^<[2] (for the year of assessment in which it is paid) on the disposal of a chargeable asset.

(2) Where valuable consideration otherwise than in the form of money is given in respect of the giving of, or the total or partial fulfilment of, any undertaking, subsection (1) applies as if a sum had instead been paid equal to the value of that consideration.