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Finance Act 2002

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This is the original version (as it was originally enacted).

Transfers of value to connected companies

26(1)This paragraph applies where—

(a)as a result of the expiry of an option of a company which, until its expiry, was a derivative contract of the company, there is a transfer of value by the company (“the transferor”) to a company which is a connected company in relation to it (“the transferee”), and

(b)the transferee is not chargeable to corporation tax, in respect of the derivative contract, under or by virtue of this Schedule.

(2)In order to determine, for the purposes of sub-paragraph (1)(a), whether there is a transfer of value, it shall be assumed that—

(a)if there had not been a connection between the transferor and the transferee, the option would not have expired, and

(b)if there had not been such a connection, it would have been exercised on the date on which it expired.

(3)Where this paragraph applies in relation to the expiry of the option of the transferor, the transferor shall bring the appropriate amount into account in accordance with paragraph 15 for the appropriate accounting period as a credit in respect of the derivative contract.

(4)In sub-paragraph (3)—

(a)the appropriate accounting period is the accounting period of the transferor in which the option expired, and

(b)the appropriate amount is the amount (if any) paid by the transferor to the transferee for the grant of the option by the transferee.

(5)In this paragraph “option” has the same meaning as in paragraph 12, apart from sub-paragraph (10).

(6)For the purposes of this paragraph, a company is a connected company in relation to another company if, in the accounting period in question, there is a connection between the company and that other company; and whether there is a connection between those companies shall be determined in accordance with sections 87(3) and (4) and 87A of the Finance Act 1996 (c. 8) (disregarding section 88 of that Act).

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