892Certain assets acquired on transfer of business [F1or transfer within a group]U.K.
(1)This section applies if—
(a)a company (“the transferor”) transfers to another company (“the transferee”) an asset that is a pre-FA 2002 asset in the hands of the transferor company,
(b)the transfer is one in relation to which the transferor is treated for the purposes of TCGA 1992 as disposing of the asset for a consideration that secures that neither a gain nor a loss accrues to it, and
(c)it is so treated because of a provision specified in subsection (2).
(2)The provisions are—
(a)section 139 of TCGA 1992 (reconstruction involving transfer of business),
(b)section 140A of that Act (transfer or division of UK business), F2...
(c)section 140E of that Act (merger leaving assets within UK tax charge)[F3, and
(d)section 171 of that Act (transfers within a group)].
(3)In the hands of the transferee the asset is treated for the purposes of this Part as a pre-FA 2002 asset.
(4)This section does not apply if the transfer mentioned in subsection (1) occurred before 28 June 2002.
[F4(5)If the transfer mentioned in subsection (1) occurred before 1 July 2020, this section applies as if paragraph (d) of subsection (2) were omitted.]
Textual Amendments
F1Words in s. 892 heading inserted (with effect in accordance with s. 31(14)(15) of the amending Act) by Finance Act 2020 (c. 14), s. 31(10)(a)
F2Word in s. 892(2)(b) omitted (with effect in accordance with s. 31(14)(15) of the amending Act) by virtue of Finance Act 2020 (c. 14), s. 31(10)(b)
F3S. 892(2)(d) and word inserted (with effect in accordance with s. 31(14)(15) of the amending Act) by Finance Act 2020 (c. 14), s. 31(10)(c)
F4S. 892(5) inserted (with effect in accordance with s. 31(14)(15) of the amending Act) by Finance Act 2020 (c. 14), s. 31(10)(d)