Part 5 Mineral extraction allowances

Chapter 4 Qualifying expenditure: second-hand assets

Qualifying expenditure on assets limited by reference to historic costs

413 Transfers of mineral assets within group: supplementary

1

For the purposes of section 412, a company is a group company in relation to another company if—

a

it controls, or is controlled by, the other company, or

b

both companies are under the control of another person.

2

Section 412 does not apply if—

a

section 410 (UK oil licences: limit is original licence payment) applies to the acquisition, or

b

the acquisition is a sale in respect of which an election is made under section 569 (election to treat sale as being for an alternative amount).

3

Section 412 applies regardless of section 568 (sales between connected persons etc., or to obtain tax advantage, treated as at market value).

4

Section 412 does not affect any expenditure that is treated as qualifying expenditure on mineral exploration and access under—

  • section 407(5) (acquisition of mineral asset owned by previous trader), or

  • section 408(2) (acquisition of oil licence from non-trader).