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Finance Act 1966

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This is the original version (as it was originally enacted).

Section 45.

SCHEDULE 12Transfers of Harbour Undertakings.

Capital allowances.

1(1)There shall be made to or on the transferee in accordance with section 56 of the [1965 c. 25.] Finance Act 1965 (capital allowances) all such allowances and charges as would, if the transferor had continued to carry on the trade, have fallen to be made to or on it under that section, and the amount of any such allowance or charge shall be computed as if the transferee had been carrying on the trade since the transferor had begun to do so and as if everything done to or by the transferor had been done to or by the transferee.

(2)No sale or transfer which on the transfer of the trade is made by the transferor to the transferee of any assets in use for the purposes of the trade shall be treated as giving rise to any such allowance or charge.

Annual value of trade premises.

2For the purposes of Schedule 8 to the [1963 c. 25.] Finance Act 1963 (transitional allowances for annual value of trade premises) any occupation of land for the purposes of the trade by the transferor shall be treated as having been the occupation of the transferee.

Terminal losses.

3The transferor shall not be entitled to relief under section 59 of the [1965 c. 25.] Finance Act 1965 in respect of the trade.

Chargeable gains.

4(1)The transferee shall be entitled to relief from corporation tax under section 55(1) and, where applicable, section 82(4) of the Finance Act 1965 for any amount for which the transferor would have been entitled to claim relief in respect of allowable losses if it had continued to carry on the trade.

(2)For the purposes of Part III of the Finance Act 1965 any asset transferred on the transfer of the trade shall be deemed to be for a consideration such that no gain or loss accrues to the transferor on its transfer; and for the purposes of Part II of Schedule 6 to that Act the transferee shall be treated as if the acquisition by the transferor of any asset so transferred had been the transferee's acquisition thereof.

Exclusion of transitional relief on cessation of trade.

5The transferor shall not be entitled to relief under section 87 of the Finance Act 1965 in respect of the trade.

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