SCHEDULES

SCHEDULE 7Transfer schemes: tax

Sections 51(5), 65(5)

Overview

1I1

This Schedule makes provision about the fiscal effect of transfers under schemes made under sections 51 and 65.

Annotations:
Commencement Information
I1

Sch. 7 para. 1 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Key concepts

2I2

1

In this Schedule—

a

transfer scheme” means a scheme under section 51 or 65, and

b

transfer” means a transfer under a transfer scheme.

2

In this Schedule “transfer between bodies” means a transfer—

a

from the Urban Regeneration Agency, the Commission for the New Towns or the Housing Corporation, and

b

to the HCA or the Regulator of Social Housing.

3

In this Schedule “transfer to government” means a transfer to—

a

a Minister of the Crown, or

b

the Welsh Ministers.

Annotations:
Commencement Information
I2

Sch. 7 para. 2 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Other definitions

3I3

1

In this Schedule—

a

ICTA means the Income and Corporation Taxes Act 1988 (c. 1),

b

TCGA means the Taxation of Chargeable Gains Act 1992 (c. 12),

c

FA 1996 means the Finance Act 1996 (c. 8),

d

FA 2002 means the Finance Act 2002 (c. 23), and

e

HMRC means the Commissioners for Her Majesty's Revenue and Customs.

2

In this Schedule a reference to a trade includes a reference to part of a trade.

Annotations:
Commencement Information
I3

Sch. 7 para. 3 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: continuity of trade

4I4

1

This paragraph applies if as the result of a transfer scheme—

a

a transferor ceases a trade, and

b

a transferee commences it.

2

In connection with the computation of profits and losses for the purpose of corporation tax in respect of periods wholly or partly after the commencement of the transfer scheme—

a

the transferee shall be treated as having always carried on the trade, and

b

the trade shall be considered separately from any other trade of the transferee (with any necessary apportionment being made).

Annotations:
Commencement Information
I4

Sch. 7 para. 4 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: capital allowances

5I5

1

This paragraph applies in respect of property transferred under a transfer scheme from—

a

the Urban Regeneration Agency, or

b

the Commission for the New Towns.

2

Where the property was used by the transferor, and is to be used by the transferee, in connection with a trade, section 343(2) of ICTA (company reconstructions: capital allowances) shall apply.

Annotations:
Commencement Information
I5

Sch. 7 para. 5 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

6I6

The following transfers shall be treated as giving rise to neither allowance nor charge for the purposes of capital allowances in respect of a trade (and allowances shall be calculated as if the transferee had always carried on the trade)—

a

a transfer from the Housing Corporation, and

b

a transfer to government.

Annotations:
Commencement Information
I6

Sch. 7 para. 6 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: capital gains

7I7

1

This paragraph applies in respect of property transferred under a transfer scheme from—

a

the Urban Regeneration Agency,

b

the Commission for the New Towns, or

c

the Housing Corporation.

2

Section 17 of TCGA (disposals and acquisitions treated as at market value) shall not apply.

3

For the purposes of TCGA the transfer (in relation to the transferor and the transferee) is to be taken as being a disposal for a consideration such that neither gain nor loss accrues.

Annotations:
Commencement Information
I7

Sch. 7 para. 7 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

8I8

A transfer shall be disregarded for the purposes of section 30 of TCGA (value-shifting: tax-free benefits).

Annotations:
Commencement Information
I8

Sch. 7 para. 8 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

F19I9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Corporation tax: intangible assets

10I10

1

This paragraph applies for the purposes of Schedule 29 to FA 2002 (intangible assets).

2

Expressions used in this paragraph have the same meaning as in that Schedule.

3

A transfer between bodies of a chargeable intangible asset is a tax-neutral transfer.

4

An intangible fixed asset which is an existing asset of the transferor at the time of a transfer between bodies is to be treated, on and after the transfer, as an existing asset of the transferee.

5

A transfer to government of a chargeable intangible asset is to be treated as not involving a realisation of the asset by the transferor.

Annotations:
Commencement Information
I10

Sch. 7 para. 10 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Corporation tax: loan relationships

11I11

1

If as a result of a transfer the transferee replaces the transferor as a party to a loan relationship, paragraph 12(2) of Schedule 9 to FA 1996 (transfer within group: continuity of treatment) shall apply (whether or not the transferor and transferee are bodies corporate).

2

Expressions used in this paragraph have the same meaning as in that Schedule.

Annotations:
Commencement Information
I11

Sch. 7 para. 11 in force at 8.9.2008 as it applies in relation to, or makes provision about the tax implications of, schemes under ss. 51 and 65 by S.I. 2008/2358, arts. 2(1), 3(1)

Stamp duty

12I12

1

Stamp duty shall not be chargeable on a transfer scheme.

2

Stamp duty shall not be chargeable on a document certified by HMRC as connected with a transfer scheme.

3

A document which is not chargeable by virtue of this paragraph must be stamped in accordance with section 12 of the Stamp Act 1891 (c. 39) with a stamp denoting that it is not chargeable.