(1)Subject to subsection (2), the successor company shall be treated for all purposes of corporation tax as if it were the same person as the BAA.
(2)The successor company shall not by virtue of subsection (1) be regarded as a body falling within section [F1170(12) of the Taxation of Chargeable Gains Act 1992] (bodies established for carrying on industries or undertakings under national ownership or control).
[F2(3)For the purposes of Part VI of the M1Income and Corporation Taxes Act 1988 (company distributions) and [F3Part 5 of the Corporation Tax Act 2009] (loan relationships), any debentures of the company issued in pursuance of section 4 shall be treated as having been issued for new consideration equal to the principal sum payable under the debenture.]
(4)For the avoidance of doubt it is hereby declared that—
(a)any issue of shares in pursuance of section 4 is to be regarded as a subscription for shares for the purposes of section [F4400(9) of the 1988 Act] (write-off of government investment: restriction of tax losses); and
(b)where any debentures are issued in pursuance of section 4, the principal sums payable under the debentures are to be regarded as money lent for those purposes.
(5)Where in the case of a claim of group relief—
(a)the claimant company is the BAA or the successor company and the surrendering company is a company to whom property, rights or liabilities have been transferred by a scheme made under section 1, and
(b)the claim relates to the accounting period of the surrendering company first ending after that transfer, and
(c)the corresponding accounting period of the claimant company ends with the same date as that accounting period,
then, for the purposes of section [F4408(2) of the 1988 Act] (corresponding accounting periods) as it applies in relation to the claim, those accounting periods shall be taken to coincide and, for the purposes of section [F4409(1) of that Act] (companies joining or leaving group) as it so applies, the claimant company and the surrendering company shall be taken to have been members of the same group throughout each of those periods (notwithstanding anything in section [F4409(2)] and (3) of that Act).
(6)In this section “the [F41988] Act” means the Income and Corporation Taxes Act [F41988], and in subsection (5) above expressions used in sections [F4Chapter IV of Part X] of that Act (group relief) have the same meanings as in those sections.
Textual Amendments
F1Words in s. 77(2) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290(1), Sch. 10 para. 12 (with ss. 60, 101(1) and 201(3)).
F2S. 77(3) substituted (29.4.1996) by 1996 c. 8, s. 104, Sch. 14 para. 3 (with s. 80-105 Pt. IV Ch. II)
F3Words in s. 77(3) substituted (1.4.2009 with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 321 (with Sch. 2 Pts. 1, 2)
F4Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 29 para. 32
Marginal Citations