Part 23Distributions

Chapter 3Supplementary provisions

Distributions in kind

846Distributions in kind: treatment of unrealised profits

(1)This section applies where—

(a)a company makes a distribution consisting of or including, or treated as arising in consequence of, the sale, transfer or other disposition by the company of a non-cash asset, and

(b)any part of the amount at which that asset is stated in the relevant accounts represents an unrealised profit.

(2)That profit is treated as a realised profit—

(a)for the purpose of determining the lawfulness of the distribution in accordance with this Part (whether before or after the distribution takes place), and

(b)for the purpose of the application, in relation to anything done with a view to or in connection with the making of the distribution, of any provision of regulations under section 396 under which only realised profits are to be included in or transferred to the profit and loss account.