C1C2C3C4C5C6Part 8Intangible fixed assets

Annotations:
Modifications etc. (not altering text)
C2

Pt. 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)

C4

Pt. 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)

C6

Pt. 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)

C6Chapter 14Miscellaneous provisions

Assets ceasing to be or becoming chargeable intangible assets

860Asset ceasing to be chargeable intangible asset: postponement of gain

1

This subsection applies if—

a

section 859 applies because a company (“A”) ceases to be UK resident,

b

immediately before A ceases to be UK resident the asset is held by it for the purposes of a trade carried on by it outside the United Kingdom through a permanent establishment,

c

the proceeds of the realisation of the asset that is treated as occurring under section 859 exceed the original cost of the asset recognised for tax purposes,

d

immediately after A ceases to be UK resident it is a 75% subsidiary of another company (“B”) that is UK resident, and

e

A and B so elect by notice given to an officer of Revenue and Customs not later than 2 years after the date on which A ceased to be UK resident.

2

If subsection (1) applies, this Part applies as if the proceeds of the realisation of the asset that is treated as occurring under section 859 were reduced to the original cost of the asset recognised for tax purposes.

3

For the later treatment of the amount of the reduction under subsection (2), see sections 861 and 862.

4

In those sections—

a

“the postponed gain” means the amount of that reduction, and

b

references to “A” and “B” must be read in accordance with this section.