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PART 2 E+WTHE TAX AND KEY CONCEPTS

CHAPTER 4E+WCHARGEABLE TRANSACTIONS AND CHARGEABLE CONSIDERATION

Chargeable considerationE+W

23ExceptionsE+W

(1)Section 22 (deemed market value) does not apply in the following cases.

(2)Case 1 is where immediately after the transaction the company holds the property as trustee in the course of a business carried on by it that consists of or includes the management of trusts.

(3)Case 2 is where—

(a)immediately after the transaction the company holds the property as trustee, and

(b)the seller is connected with the company only because of section 1122(6) of the Corporation Tax Act 2010 (c. 4).

(4)Case 3 is where—

(a)the seller is a company and the transaction is, or is part of, a distribution of the assets of that company (whether or not in connection with its winding up), and

(b)it is not the case that—

(i)the subject-matter of the transaction, or

(ii)an interest from which that interest is derived,

has, within the period of 3 years immediately preceding the effective date of the transaction, been the subject of a transaction in respect of which group relief under Schedule 16 was claimed by the seller.

(5)In this section, “"the company”” means the company that is the buyer in relation to the transaction in question.

Commencement Information

I1S. 23 in force at 1.4.2018 by S.I. 2018/34, art. 3