xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

[F1PART 8ZBU.K.Transactions in UK land

Textual Amendments

F1Pt. 8ZB inserted (with effect in accordance with s. 81 of the amending Act and also with effect in accordance with Finance (No. 2) Act 2017 (c. 32), s. 39(1)(2))) by Finance Act 2016 (c. 24), s. 77(1)

Modifications etc. (not altering text)

C1Pt. 8ZB applied (with modifications) by 1992 c. 12, Sch. 1A para. 4(6) (as inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 14)

Amounts treated as profits of a tradeU.K.

356OEDisposals within section 356OD: profits treated as trading profitsU.K.

(1)The relevant amount is to be treated for corporation tax purposes as profits of a trade carried on by the chargeable company.

(2)If the chargeable company is non-UK resident, that trade is the company's trade of dealing in or developing UK land.

(3)But subsection (1) does not apply to an amount so far as it would (apart from this section) be brought into account as income in calculating profits (of any person)—

(a)for corporation tax purposes, or

(b)for income tax purposes.

(4)The profits are treated as arising in the accounting period of the chargeable company in which the profit or gain is realised.

(5)In this section the “relevant amount” means so much (if any) of the profit or gain mentioned in section 356OD(1) as is attributable, on a just and reasonable apportionment, to the relevant UK assets.

(6)In this section “the relevant UK assets” means any land in the United Kingdom from which the property mentioned in section 356OD(1) derives any of its value (at the time of the disposal mentioned in that subsection).

(7)This section applies in relation to gains which are capital in nature as it applies in relation to other gains.]