SCHEDULES

SCHEDULE 17Group Real Estate Investment Trusts: modifications

Anti-avoidance

27

In section 132—

a

the reference in subsection (2) to disposal by the company shall be treated as a reference to disposal by a member of the group, and

b

the reference in subsection (3)(a) to C (tax-exempt) shall be treated as a reference to G (property rental business).

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1

Section 132(2) and (3) shall apply where a UK resident company ceases to be a member of a group to which Part 4 applies if—

a

Part 4 had applied to the group for a continuous period of less than ten years, or

b

the company had been a member of the group for a continuous period of less than ten years.

2

In the application of section 132(2) and (3) by virtue of sub-paragraph (1)—

a

a reference to C (tax-exempt) shall be treated as a reference to the company as a member of G (property rental business), and

b

a reference to the date of cessation shall be treated as a reference to the date on which the company ceases to be a member of the group.

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1

A direction under section 133(2)—

a

may relate to the group as a whole or to one or more members;

b

may, in particular, alter the effect of this Schedule.

2

In the application of section 133(5), an appeal may be brought by the principal company.