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Section 250.

SCHEDULE 26E+W+S+N.I. Transfers: tax

This schedulenoteType=Explanatory Notes has no associated

Part IE+W+S+N.I. Interpretation

1(1)In this Schedule—E+W+S+N.I.

  • the 1988 Act” means the M1Income and Corporation Taxes Act 1988,

  • F1....

  • the 1992 Act” means the M2Taxation of Chargeable Gains Act 1992,

  • [F2the Capital Allowances Act” means the Capital Allowances Act 2001 and includes, where the context admits, enactments which under the 1988 Act are to be treated as contained in the Capital Allowances Act 2001,]

  • fixture” has the same meaning as in [F3Chapter 14 of Part 2 of the Capital Allowances Act],

  • franchise company” means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement, and

  • qualifying transfer” means a transfer which is a relevant transfer for the purposes of any of Parts II to VI of this Schedule.

(2)So far as it relates to corporation tax, this Schedule is to be construed as one with the Corporation Tax Acts.

(3)So far as it relates to capital allowances, this Schedule is to be construed as one with [F4the Capital Allowances Act].

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Amendments (Textual)

F1Sch. 26 para. 1(1): Definition of “the 1990 Act” repealed (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, ss. 578, 580, Sch. 2 para. 109(1)(a), Sch. 4

F2Sch. 26 para. 1(1): Definition of “the Capital Allowances Act” substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(1)(b)

F3Sch. 26 para. 1(1): Words in the definition of “fixture” substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(1)(c)

F4Words in Sch. 26 para. 1(3) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(2)

Marginal Citations

Part IIE+W+S+N.I. Transfers to SRA from Franchising Director, Secretary of State and Regulator

InterpretationE+W+S+N.I.

2In this Part of this Schedule—E+W+S+N.I.

  • relevant transfer” means a transfer of property, rights or liabilities by virtue of—

    (a)

    section 215,

    (b)

    a scheme under paragraph 1 of Schedule 15, or

    (c)

    a scheme under paragraph 31 of Schedule 17,

  • transferee”, in relation to a relevant transfer, means the Authority, and

  • transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: no gain no lossE+W+S+N.I.

3For the purposes of the 1992 Act a disposal by virtue of provision made under paragraph 34(a) of Schedule 17 is to be taken to be for a consideration such that no gain or loss accrues to the person making the disposal.E+W+S+N.I.

Chargeable gains: disposal of debtsE+W+S+N.I.

4(1)Sub-paragraph (2) applies if in the case of a relevant transfer—E+W+S+N.I.

(a)a debt owed to the transferor is transferred to the transferee, and

(b)the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2)The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances for plant and machineryE+W+S+N.I.

5(1)This paragraph applies in relation to property if—E+W+S+N.I.

(a)the property is plant or machinery to which a relevant transfer relates,

(b)the property would have been treated for the purposes of [F5the Capital Allowances Act] (had the transferor incurred expenditure qualifying for allowances under [F5Part 2 of that Act]on the provision of the property) as disposed of by the transferor to the transferee on the transfer taking effect, and

(c)the relevant order or scheme contains provision for the transferee to be taken for the purposes of [F6that Act] to have incurred capital expenditure of an amount specified in or determined in accordance with the order or scheme on the provision of the property.

(2)For the purposes of [F7the Capital Allowances Act]

(a)the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(b)the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and

(c)in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of [F8sections 181(1) and 182(1) of that Act] to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3)In sub-paragraph (1)(c) “the relevant order or scheme” means—

(a)in the case of a transfer by virtue of section 215, an order made by the Secretary of State by statutory instrument, or

(b)in the case of a transfer by virtue of a scheme under paragraph 1 of Schedule 15 or paragraph 31 of Schedule 17, the scheme concerned.

(4)A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—

(a)for a determination to be made by the Secretary of State in a manner described in the order or scheme,

(b)for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c)for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(5)The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).

(6)The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(7)If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—

(a)must be made by making assessments or by repayment or discharge of tax, and

(b)must be made despite any limitation on the time within which assessments may be made.

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Amendments (Textual)

F5Words in Sch. 26 para. 5(1)(b) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(3)

F6Words in Sch. 26 para. 5(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(4)

F7Words in Sch. 26 para. 5(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(5)(a)

F8Words in Sch. 26 para. 5(2)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(5)(b)

Capital allowances for plant and machinery: connected personsE+W+S+N.I.

6For the purposes of [F9Part 2 of the Capital Allowances Act] references in that Part to a transaction (however described) between connected persons within the meaning of section 839 of the 1988 Act are not to include references to a relevant transfer.E+W+S+N.I.

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Amendments (Textual)

F9Words in Sch. 26 para. 6 substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(6)

Loan relationshipsE+W+S+N.I.

7(1)Sub-paragraph (2) applies if as a result of a relevant transfer the transferee replaces, or (if the transferor had been a company) would have replaced, the transferor as a party to a loan relationship.E+W+S+N.I.

(2)Chapter II of Part IV of the M3Finance Act 1996 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a)the transferee had been a party to the loan relationship at the time the transferor became, or (if the transferor had been a company) would have become, a party to the loan relationship and at all times since that time, and

(b)the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3)For the purposes of sub-paragraph (2) the transferor (and accordingly the transferee) is to be taken to have accounted for the loan relationship in accordance with an authorised accounting method corresponding to that in accordance with which the transferee accounts for the loan relationship in the accounting period in which the transfer takes effect.

(4)Expressions used in this paragraph and in Chapter II of Part IV of the Finance Act 1996 have the same meanings in this paragraph as in that Chapter.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Part IIIE+W+S+N.I. Transfers from BR to SRA

InterpretationE+W+S+N.I.

8In this Part of this Schedule—E+W+S+N.I.

  • relevant transfer” means a transfer of property, rights or liabilities by virtue of—

    (a)

    paragraph 11 of Schedule 18, or

    (b)

    a scheme under paragraph 1 of Schedule 19,

  • transferee”, in relation to a relevant transfer, means the Authority, and

  • transferor”, in relation to a relevant transfer, means the Board.

Chargeable gains: generalE+W+S+N.I.

9For the purposes of the 1992 Act a disposal—E+W+S+N.I.

(a)constituted by a relevant transfer, or

(b)by virtue of provision made under paragraph 4 of Schedule 19,

is to be taken (in relation to the person to whom the disposal is made as well as the person making the disposal) to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: restriction of lossesE+W+S+N.I.

10(1)If there has been a disposal of an asset—E+W+S+N.I.

(a)constituted by a relevant transfer, or

(b)by virtue of provision made under paragraph 4 of Schedule 19,

subsection (8) of section 41 of the 1992 Act (which applies that section to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been disposed of and acquired in circumstances mentioned in that subsection.

(2)This paragraph is not to prejudice paragraph 9.

Chargeable gains: groupsE+W+S+N.I.

11(1)Sub-paragraph (2) applies if a company (“the degrouped company”)—E+W+S+N.I.

(a)acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b)ceases by virtue of a relevant transfer to be a member of the old group.

(2)Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3)If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4)If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5)In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debtsE+W+S+N.I.

12(1)Sub-paragraph (2) applies if in the case of a relevant transfer—E+W+S+N.I.

(a)a debt owed to the transferor is transferred to the transferee, and

(b)the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2)The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Continuity in relation to capital allowances etc. where trade transferredE+W+S+N.I.

13(1)If, apart from this paragraph—E+W+S+N.I.

(a)the transferor would be treated for the purposes of the Corporation Tax Acts as having ceased, by virtue of a relevant transfer taking effect, to carry on any trade, and

(b)the transferee would be treated as having begun, on that transfer taking effect, to carry it on,

the trade is not to be treated as permanently discontinued, nor a new trade as set up, for the purposes of the allowances and charges provided for by [F10the Capital Allowances Act], but sub-paragraphs (2) to (4) are to apply.

(2)Subject to sub-paragraphs (3) and (4), in a case falling within sub-paragraph (1)—

(a)there are to be made to or on the transferee in accordance with [F10the Capital Allowances Act] 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 the transferor, and

(b)the amount of any such allowance or charge is to be computed as if—

(i)the transferee had been carrying on the trade since the transferor began to do so, and

(ii)everything done to or by the transferor had been done to or by the transferee (but so that the relevant transfer itself, so far as it relates to any assets in use for the purpose of the trade, shall not be treated as giving rise to any such allowance or charge).

(3)For the purposes of the Corporation Tax Acts, only such amounts (if any) as may be specified in or determined in accordance with an order made by the Secretary of State by statutory instrument are to be allocated to the transferee in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (2) in relation to anything to which the transfer relates.

(4)Sub-paragraph (2) is to affect the amounts falling to be taken into account in relation to the transferor as expenditure by reference to which capital allowances may be made only so far as necessary to give effect to a reduction of any such amount by a sum equal to so much of that amount as is allocated to the transferee as mentioned in sub-paragraph (3).

(5)An order under sub-paragraph (3) may include provision—

(a)for a determination to be made by the Secretary of State in a manner described in the order,

(b)for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c)for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(6)The Treasury’s consent is required for the making or modification of a determination of any such amount as is mentioned in sub-paragraph (3).

(7)The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(8)In determining whether sub-paragraph (1) has effect in relation to a relevant transfer in a case where—

(a)the transferor continues to carry on any trade or part of a trade after the transfer takes effect, or

(b)the transferee was carrying on any trade before the transfer takes effect,

the trade or part of a trade which is continued, or was being carried on, shall for the purposes of that sub-paragraph be treated in relation to any trade or part of a trade which is transferred by virtue of the transfer as a separate trade and shall accordingly be disregarded.

(9)If there is a determination or a modification of a determination for any purposes of this paragraph, all necessary adjustments—

(a)must be made by making assessments or by repayment or discharge of tax, and

(b)must be made despite any limitation on the time within which assessments may be made.

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Amendments (Textual)

F10Words in Sch. 26 para. 13(1)(2)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(7)

Capital allowances for plant and machineryE+W+S+N.I.

14(1)This paragraph applies in relation to property if—E+W+S+N.I.

(a)the property is plant or machinery to which a relevant transfer relates,

(b)paragraph 13 does not apply in relation to the transfer of the property to the transferee,

(c)the property would be treated for the purposes of [F11the Capital Allowances Act] as disposed of by the transferor to the transferee on the transfer taking effect, and

(d)the scheme concerned contains provision for the disposal value of the property to be taken for the purposes of [F12that Act] to be of an amount specified in or determined in accordance with the scheme.

(2)For the purposes of [F13the Capital Allowances Act]

(a)the provision mentioned in sub-paragraph (1)(d) is to have effect (instead of [F14section 61(2) to (4), 72(3) to (5), 171, 196 or 423 of that Act]) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold,

(b)the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(c)the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and

(d)in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of [F15sections 181(1) and 182(1) of that Act] to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3)A provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision—

(a)for a determination to be made by the Secretary of State in a manner described in the scheme,

(b)for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c)for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4)The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(d).

(5)The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(6)If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(d) all necessary adjustments—

(a)must be made by making assessments or by repayment or discharge of tax, and

(b)must be made despite any limitation on the time within which assessments may be made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11Words in Sch. 26 para. 14(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(8)

F12Words in Sch. 26 para. 14(1)(d) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(9)

F13Words in Sch. 26 para. 14(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(a)

F14Words in Sch. 26 para. 14(2)(a) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(b)

F15Words in Sch. 26 para. 14(2)(d) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(c)

Capital allowances for plant and machinery: connected personsE+W+S+N.I.

15For the purposes of [F16Part 2 of the Capital Allowances Act]references in that Part to a transaction (however described) between connected persons within the meaning of section 839 of the 1988 Act are not to include references to a relevant transfer.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F16Words in Sch. 26 para. 15 substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(11)

Leased assetsE+W+S+N.I.

16(1)Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.E+W+S+N.I.

(2)The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3)If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4)Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by virtue of provision made under paragraph 4 of Schedule 19.

(5)The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the grantor; and this is so despite section 783(4) of that Act.

(6)No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7)Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationshipsE+W+S+N.I.

17(1)Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.E+W+S+N.I.

(2)Chapter II of Part IV of the M4Finance Act 1996 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a)the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and

(b)the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3)Expressions used in this paragraph and in Chapter II of Part IV of the Finance Act 1996 have the same meanings in this paragraph as in that Chapter.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Charge to tax under Case I of Schedule DE+W+S+N.I.

18(1)This paragraph applies for the purpose of computing the profits or losses of the transferor and the transferee under Case I of Schedule D in respect of any trade or part of a trade transferred by a relevant transfer in relation to the time when the transfer takes effect and any later time.E+W+S+N.I.

(2)The trade or part of a trade transferred is to be treated as having been, at the time of its commencement and at all times since that time, a separate trade carried on by the transferee.

(3)The trade carried on by the transferee after the time the transfer takes effect is to be treated as the same trade as that which, by virtue of sub-paragraph (2), it is treated as having carried on before that time.

(4)This paragraph is subject to paragraphs 13 and 17.

Part IVE+W+S+N.I. Transfers to Secretary of State from SRA and BR

InterpretationE+W+S+N.I.

19In this Part of this Schedule—E+W+S+N.I.

  • relevant transfer” means a transfer of property, rights or liabilities by virtue of—

    (a)

    a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State, or

    (b)

    a scheme under paragraph 1 of Schedule 25,

  • transferee”, in relation to a relevant transfer, means the Secretary of State, and

  • transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: groupsE+W+S+N.I.

20(1)Sub-paragraph (2) applies if a company (“the degrouped company”)—E+W+S+N.I.

(a)acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b)ceases by virtue of a relevant transfer to be a member of the old group.

(2)Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3)If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a relevant transfer, it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions.

(4)In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.

(5)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Capital allowances: actual consideration to be the disposal valueE+W+S+N.I.

21(1)Sub-paragraphs (2) to (4) apply for the purposes of [F17Part 3 of the Capital Allowances Act], and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—E+W+S+N.I.

(a)an industrial building or structure, or

(b)a qualifying hotel or a commercial building or structure.

(2)The disposal is to be treated as a sale of that relevant interest.

(3)The sale moneys in respect of that sale are to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b)if no such capital sum is received, to be nil.

(4)[F18Sections 567 to 570 of that Act (sales treated as being for alternative amount)] (sales between connected persons or without change of control) are not to have effect in relation to that sale.

(5)Sub-paragraph (6) applies for determining, in the case of [F19plant or machinery] which is treated for the purposes of [F20the Capital Allowances Act] as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that [F19plant or machinery] for the purposes of [F21section 60 of that Act (meaning of “disposal value” and “disposal event”)] (balancing adjustments).

(6)The amount is, subject to [F22section 62 of that Act (general limit on amount of disposal value)] to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b)if no such capital sum is received, to be nil.

(7)Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, [F23a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture]at any time.

(8)The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of [F24section 60 of the Capital Allowances Act is, subject to section 62 of that Act], to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of [F25Part 2 of that Act]as expenditure incurred by that person on the provision of the fixture, or

(b)if no such capital sum is received, to be nil.

(9)Sub-paragraphs (3), (6) and (8) have effect despite any other provision of [F26the Capital Allowances Act].

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Amendments (Textual)

F17Words in Sch. 26 para. 21(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(12)

F18Words in Sch. 26 para. 21(4) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(13)

F19Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(a)

F20Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(b)

F21Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(c)

F22Words in Sch. 26 para. 21(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(15)

F23Words in Sch. 26 para. 21(7) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(16)

F24Words in Sch. 26 para. 21(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(17)(a)

F25Words in Sch. 26 para. 21(8)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(17)(b)

F26Words in Sch. 26 para. 21(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(18)

Leased assetsE+W+S+N.I.

22(1)Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.E+W+S+N.I.

(2)The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3)If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4)Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by the transferor by virtue of provision made under paragraph 5 of Schedule 21 or paragraph 4 of Schedule 25.

(5)The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the transferor; and this is so despite section 783(4) of that Act.

(6)No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7)Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Part VE+W+S+N.I. Transfers from SRA to franchise company

InterpretationE+W+S+N.I.

23In this Part of this Schedule—E+W+S+N.I.

  • relevant transfer” means a transfer of property, rights or liabilities by virtue of a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to a franchise company,

  • transferee”, in relation to a relevant transfer, means the franchise company to whom the property, rights or liabilities are transferred, and

  • transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: disposals not to be treated as made at market valueE+W+S+N.I.

24(1)Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to—E+W+S+N.I.

(a)a disposal constituted by a relevant transfer or a disposal by virtue of provision made under paragraph 5 of Schedule 21, or

(b)the acquisition made by the person to whom the disposal is made.

(2)But sub-paragraph (1) does not apply—

(a)if the person making the disposal is connected with the person making the acquisition, or

(b)in the case of a disposal by virtue of provision made under paragraph 5 of Schedule 21, if the disposal is made by or to a person other than the transferor or the transferee.

(3)If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—

(a)in a case where consideration in money or money’s worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or

(b)in a case where no such consideration is given, for a consideration of nil.

Chargeable gains: groupsE+W+S+N.I.

25(1)Sub-paragraph (2) applies if a company (“the degrouped company”)—E+W+S+N.I.

(a)acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b)ceases by virtue of a relevant transfer to be a member of the old group.

(2)Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3)If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4)If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5)In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debtsE+W+S+N.I.

26(1)Sub-paragraph (2) applies if in the case of a relevant transfer—E+W+S+N.I.

(a)a debt owed to the transferor is transferred to the transferee, and

(b)the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2)The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: actual consideration to be the disposal valueE+W+S+N.I.

27(1)Sub-paragraphs (2) to (4) apply for the purposes of [F27Part 3 of the Capital Allowances Act], and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—E+W+S+N.I.

(a)an industrial building or structure, or

(b)a qualifying hotel or a commercial building or structure.

(2)The disposal is to be treated as a sale of that relevant interest.

(3)The sale moneys in respect of that sale are to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b)if no such capital sum is received, to be nil.

(4)[F28Sections 567 to 570 of that Act (sales treated as being for alternative amount)] are not to have effect in relation to that sale.

(5)Sub-paragraph (6) applies for determining, in the case of [F29plant or machinery]which is treated for the purposes of [F30the Capital Allowances Act]as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that [F29plant or machinery]for the purposes of [F31section 60 of that Act (meaning of “disposal value” and “disposal event”)].

(6)The amount is, subject to [F32section 62 of that Act (general limit on amount of disposal value)] to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b)if no such capital sum is received, to be nil.

(7)Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, [F33a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture] at any time.

(8)The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of [F34section 60 of the Capital Allowances Act is, subject to section 62 of that Act], to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of [F35Part 2 of that Act] as expenditure incurred by that person on the provision of the fixture, or

(b)if no such capital sum is received, to be nil.

(9)Sub-paragraphs (3), (6) and (8) have effect despite any other provision of [F36the Capital Allowances Act].

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Amendments (Textual)

F27Words in Sch. 26 para. 27(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(19)

F28Words in Sch. 26 para. 27(4) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(20)

F29Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(a)

F30Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(b)

F31Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(c)

F32Words in Sch. 26 para. 27(6) substituted (23.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(22)

F33Words in Sch. 26 para. 27(7) substituted (23.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(23)

F34Words in Sch. 26 para. 27(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(24)(a)

F35Words in Sch. 26 para. 27(8)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(24)(b)

F36Words in Sch. 26 para. 27(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(25)

Leased assetsE+W+S+N.I.

28(1)Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.E+W+S+N.I.

(2)The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3)If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4)Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by the transferor by virtue of provision made under paragraph 5 of Schedule 21.

(5)The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the transferor; and this is so despite section 783(4) of that Act.

(6)No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7)Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationshipsE+W+S+N.I.

29(1)Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.E+W+S+N.I.

(2)Chapter II of Part IV of the M5Finance Act 1996 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a)the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and

(b)the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3)Expressions used in this paragraph and in Chapter II of Part IV of the Finance Act 1996 have the same meanings in this paragraph as in that Chapter.

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Marginal Citations

Part VIE+W+S+N.I. Transfers of franchise assets

InterpretationE+W+S+N.I.

30In this Part of this Schedule—E+W+S+N.I.

  • relevant transfer” means a transfer of property, rights or liabilities by virtue of a scheme under paragraph 2 of Schedule 21 under which the property, rights or liabilities are transferred from a person which is, or has been, a franchise company,

  • transferee”, in relation to a relevant transfer, means the person to whom the property, rights or liabilities are transferred, and

  • transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: disposals not to be treated as made at market valueE+W+S+N.I.

31(1)Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to—E+W+S+N.I.

(a)a disposal constituted by a relevant transfer or a disposal by virtue of provision made under paragraph 5 of Schedule 21, or

(b)the acquisition made by the person to whom the disposal is made.

(2)But sub-paragraph (1) does not apply—

(a)if the person making the disposal is connected with the person making the acquisition, or

(b)in the case of a disposal by virtue of provision made under paragraph 5 of Schedule 21, if the disposal is made by or to a person other than the transferor or the transferee.

(3)If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—

(a)in a case where consideration in money or money’s worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or

(b)in a case where no such consideration is given, for a consideration of nil.

Chargeable gains: groupsE+W+S+N.I.

32(1)Sub-paragraph (2) applies if a company (“the degrouped company”)—E+W+S+N.I.

(a)acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b)ceases by virtue of a relevant transfer to be a member of the old group.

(2)Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3)If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4)If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5)In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6)Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debtsE+W+S+N.I.

33(1)Sub-paragraph (2) applies if in the case of a relevant transfer—E+W+S+N.I.

(a)a debt owed to the transferor is transferred to the transferee, and

(b)the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2)The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: actual consideration to be the disposal valueE+W+S+N.I.

34(1)Sub-paragraphs (2) to (5) apply for the purposes of [F37Part 3 of the Capital Allowances Act], and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—E+W+S+N.I.

(a)an industrial building or structure, or

(b)a qualifying hotel or a commercial building or structure.

(2)The disposal is to be treated as a sale of that relevant interest.

(3)The sale moneys in respect of that sale are to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b)if no such capital sum is received, to be nil.

(4)The sale moneys in respect of that sale are to be taken, as respects the transferee only, to include in addition an amount equal to any capital sum received by a person other than the transferor or a person connected with the transferor by way of consideration or compensation in respect of the acquisition of the relevant interest by the transferee.

(5)[F38Sections 567 to 570 of that Act (sales treated as being for alternative amount)] are not to have effect in relation to that sale.

(6)Sub-paragraph (7) applies for determining, in the case of [F39plant or machinery]which is treated for the purposes of [F40the Capital Allowances Act] as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that [F39plant or machinery] for the purposes of [F41sections 60 of that Act (meaning of “disposal value” and “disposal event”)].

(7)The amount is, subject to [F42section 62 of that Act (general limit on amount of disposal value)] to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b)if no such capital sum is received, to be nil.

(8)Sub-paragraph (9) applies if, in consequence of a disposal by virtue of a relevant transfer, [F43a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture] at any time.

(9)The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of [F44section 60 of the Capital Allowances Act is, subject to section 62 of that Act], to be taken—

(a)if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of [F45Part 2 of that Act] as expenditure incurred by that person on the provision of the fixture, or

(b)if no such capital sum is received, to be nil.

(10)Sub-paragraphs (3), (4), (7) and (9) have effect despite any other provision of [F46the Capital Allowances Act].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F37Words in Sch. 26 para. 34(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(26)

F38Words in Sch. 26 para. 34(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(27)

F39Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(a)

F40Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(b)

F41Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(c)

F42Words in Sch. 26 para. 34(7) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(29)

F43Words in Sch. 26 para. 34(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(30)

F44Words in Sch. 26 para. 34(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(31)(a)

F45Words in Sch. 26 para. 34(9)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(31)(b)

F46Words in Sch. 26 para. 34(10) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(32)

Loan relationshipsE+W+S+N.I.

35(1)Paragraph 11 of Schedule 9 to the M6Finance Act 1996 is not to have effect in a case where, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.E+W+S+N.I.

(2)Expressions used in this paragraph and in Chapter II of Part IV of the Finance Act 1996 have the same meanings in this paragraph as in that Chapter.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Part VIIE+W+S+N.I. Other provisions concerning transfers

Chargeable gains: value shiftingE+W+S+N.I.

36Nothing in this Part of this Act and nothing done under it is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act (tax-free benefits).E+W+S+N.I.

Chargeable gains: consequential amendmentE+W+S+N.I.

37In section 35(3)(d) of the 1992 Act (list of provisions for transfers treated as made without gain or loss), after sub-paragraph (xiii) (inserted by paragraph 2(3) of Schedule 7 to this Act) insert—E+W+S+N.I.

(xiv)paragraphs 3 and 9 of Schedule 26 to the Transport Act 2000;.

Group reliefE+W+S+N.I.

38The existence of the powers of the Secretary of State or the Authority under this Part of this Act is not to be regarded (and nothing else in that Part is to be regarded) as—E+W+S+N.I.

(a)constituting arrangements falling within section 410(1) or (2) of the 1988 Act (arrangements for transfer of company to another group or consortium), or

(b)constituting option arrangements for the purposes of paragraph 5B of Schedule 18 to the 1988 Act.

Modifications of transfer schemesE+W+S+N.I.

39(1)Sub-paragraph (2) applies if—E+W+S+N.I.

(a)the effect of a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17, paragraph 1 of Schedule 19 or paragraph 1 of Schedule 25 is modified by an order made by the Secretary of State, or

(b)the effect of a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State or a franchise company is modified by an agreement made under paragraph 15 of that Schedule.

(2)The Corporation Tax Acts (including this Schedule) are to have effect as if—

(a)the scheme had been made as modified, and

(b)anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.

(3)For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—

(a)became (under the scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or

(b)remained (despite the scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,

as the case may be.

(4)For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.

Stamp duty and stamp duty reserve taxE+W+S+N.I.

40(1)Stamp duty is not to be chargeable on—E+W+S+N.I.

(a)a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17 or paragraph 1 of Schedule 19, 21 or 25, or

(b)an instrument or agreement which is certified to the Commissioners of Inland Revenue by the Secretary of State as made in pursuance of such a scheme.

(2)No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), is to be taken to be duly stamped unless—

(a)it has, in accordance with section 12 of the M7Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b)it is stamped with the duty to which it would be liable, apart from this paragraph.

(3)Section 12 of the M8Finance Act 1895 is not to operate to require—

(a)the delivery to the Inland Revenue of a copy of this Act, or

(b)the payment of stamp duty under that section on any copy of this Act,

and is not to apply in relation to an instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.

(4)An agreement to transfer chargeable securities, as defined in section 99 of the M9Finance Act 1986, to a person specified in sub-paragraph (2)(a) to (c) of paragraph 1 of Schedule 21 is not to give rise to a charge to stamp duty reserve tax if the agreement is made for the purposes of, or for purposes connected with, a scheme under that paragraph.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

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