Part 12 Supplementary provisions

Chapter 5 Miscellaneous

Sales treated as being for alternative amount

567 Sales treated as being for alternative amount: introductory

(1)

Sections 568 to 570 apply for the purposes of Parts F1... F23A, F1... F3... 5, 6 and 10.

(2)

For the purposes of sections 568 to 570, the control test is met if—

(a)

the buyer is a body of persons over whom the seller has control,

(b)

the seller is a body of persons over whom the buyer has control,

(c)

both the seller and the buyer are bodies of persons and another person has control over both of them, or

(d)

the seller and the buyer are connected persons.

(3)

In subsection (2) “ body of persons ” includes a partnership.

(4)

For the purposes of sections 568 to 570, the tax advantage test is met if it appears that the sole or main benefit which might be expected to accrue from—

(a)

the sale, or

(b)

transactions of which the sale is one,

is the obtaining of a tax advantage by all or any of the parties under any provision of this Act except Part 2.

(5)

Sections 568 to 570 do not apply if section 561 applies (F4transfer or division of UK business).