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Infrastructure Act 2015

Commentary on Sections

Part 1 – Strategic Highways Companies

Section 16: Tax consequences of transfers

81.Section 16 allows the Treasury to make provision about the tax consequences of a transfer of property, rights and liabilities either under a transfer scheme or occurring by virtue of section 263 of the Highways Act 1980 (which will have the effect that where a company becomes a highway authority the highways in respect of which it is appointed will vest in the company). The intention, broadly speaking, is to ensure that a transfer is “tax neutral” – that is, that no charge to tax arises merely because of a transfer.

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