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Part 5U.K.Group relief

Modifications etc. (not altering text)

C1Pt. 5 applied (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 125 (with s. 147, Sch. 17)

Chapter 3U.K.Surrenders made by non-UK resident company resident or trading in the EEA

Other rules, assumptions and exclusionsU.K.

124Assumptions as to places in which activities carried onU.K.

(1)If during the EEA accounting period the surrendering company carries on a trade wholly or partly in the relevant EEA territory, assume that the trade is carried on wholly or partly in the United Kingdom.

(2)If the surrendering company holds any estate, interest or rights in or over land in the relevant EEA territory, assume that the land is in the United Kingdom.

(3)For the purposes of subsection (2) the reference to holding an estate, interest or rights in or over land in the relevant EEA territory is to be read so as to produce the result that most closely corresponds with that produced by applying those concepts of law in relation to a UK property business or land in the United Kingdom.

(4)In this section “the relevant EEA territory” means—

(a)the EEA territory in which the surrendering company is resident, or

(b)(as the case may be) the EEA territory in which the surrendering company carries on a trade through a permanent establishment.