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SCHEDULES

SCHEDULE 2Provisions relating to carrying out of approved scheme of reorganisation

Part ITaxation provisions

Unallowed capital losses

9(1)This paragraph applies where an approved scheme provides for the transfer of some, but not all, of the property, rights and liabilities to which a subsidiary of the relevant board is entitled or subject on the vesting day under the scheme.

(2)Where there is one relevant successor in relation to the subsidiary, any unallowed capital losses of the subsidiary shall—

(a)be apportioned between the subsidiary and the relevant successor in accordance with the scheme, and

(b)so far as apportioned to the relevant successor, be treated as allowable capital losses accruing to it on the disposal of an asset on the vesting day under the scheme.

(3)Where there is more than one relevant successor in relation to the subsidiary, any unallowed capital losses of the subsidiary shall—

(a)be apportioned amongst the subsidiary and the relevant successors in accordance with the scheme, and

(b)in the case of each relevant successor to which such losses are so apportioned, be treated as allowable capital losses accruing to it on the disposal of an asset on the vesting day under the scheme.

(4)Sub-paragraph (4) of paragraph 8 above shall apply for the purposes of this paragraph as it applies for the purposes of that.