Part 8U.K.Intangible fixed assets

Modifications etc. (not altering text)

C2Pt. 8 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)

C4Pt. 8 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 1(3); S.I. 2012/628, art. 3(b)

C6Pt. 8 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)

C7Pt. 8 modified (6.4.2020) by Finance Act 2019 (c. 1), Sch. 5 paras. 35, 45 (with Sch. 5 para. 36)

Chapter 11U.K.Transfer of business or trade

Tax-neutral transfersU.K.

822Transfer of assets on European cross-border mergerU.K.

(1)If this section applies, the transfer of qualifying assets in the course of the merger is tax-neutral for the purposes of this Part.

(2)For the purposes of this section an asset is a qualifying asset if—

(a)it is a chargeable intangible asset in relation to the transferor immediately before the transfer, and

(b)it is a chargeable intangible asset in relation to the transferee immediately after the transfer.

(3)This section does not apply if section 818 (company reconstruction involving transfer of business) applies to any qualifying assets transferred in the course of the merger.

(4)This section does not apply if—

(a)one or more of the merging companies is a transparent entity, and

(b)the assets and liabilities of a transparent entity are transferred to another company in the course of the merger.

(5)This section applies only if the merger meets the genuine commercial transaction requirement (see section 831).

(6)For the meaning of expressions used in this section, see section 823.