32Restrictions on companies buying losses or gains: tax avoidance schemesE+W+S+N.I.
(1)TCGA 1992 is amended as follows.
(2)In section 184A(2) (losses accruing on disposals of pre-change assets not deductible from gains unless gains accrue on disposals of pre-change assets), omit “unless the gains accrue to the company on a disposal of a pre-change asset”.
(3)In section 184B(2) (losses not deductible from gains accruing on disposals of pre-change assets unless losses accrue on disposals of pre-change assets), omit “unless the loss accrues to the company on a disposal of a pre-change asset”.
(4)Section 70 of FA 2006 (which inserted sections 184A to 184F of TCGA 1992) is amended as follows.
(5)In subsection (9) (special provision for qualifying changes of ownership and disposals before 5th December 2005)—
(a)for “The following subsection applies” substitute “ Subsections (10) to (12) apply ”,
(b)in paragraph (a), omit “or 184B”,
(c)in paragraph (c), for “at all subsequent times,” substitute “ immediately afterwards, ”,
(d)after that paragraph insert—
“(ca)no qualifying change of ownership occurs at any time in relation to the principal company of that group for the purposes of section 184A of TCGA 1992 directly or indirectly in consequence of, or otherwise in connection with, any arrangements the main purpose, or one of the main purposes, of which is to secure a tax advantage falling within subsection (1)(d) of that section, and”,
(e)omit paragraph (d) (together with the “and” following it), and
(f)in paragraph (e), omit “, or a qualifying gain for the purposes of section 184B of that Act,”.
(6)For subsections (10) and (11) substitute—
“(10)Subsection (2) of that section has effect in relation to that qualifying loss subject to the following modifications.
(11)That subsection has effect as if there were inserted at the end of it “ unless the gains accrue to the company on a disposal of a pre-change asset ”.
(12)That subsection (modified as mentioned above) has effect as if the reference to a pre-change asset included an asset held before the relevant time by any company—
(a)which, immediately before that time, was a member of the same group of companies as the relevant company, and
(b)which, throughout the period beginning with that time and ending immediately after the making of the disposal referred to in that subsection, has remained under the control of the company which was the principal company of that group at the relevant time.
(13)Expressions which are used in subsections (9) to (12) have the same meaning as in sections 184A and 184C of TCGA 1992.”
(7)The amendment made by subsection (2) has effect in relation to gains accruing on disposals made on or after 21st March 2007.
(8)The amendment made by subsection (3) has effect in relation to losses accruing on disposals made on or after that date.
(9)The amendments made by subsections (5) and (6) have effect in relation to disposals made on or after that date; but the amendment made by subsection (5)(d) has no effect in relation to disposals made before 9th May 2007.