Explanatory Notes

Finance Act 2009

2009 CHAPTER 10

21 July 2009

Introduction

Section 62: Transfers of Trade to Obtain Terminal Loss Relief

Details of the Section

3.Paragraph 1 introduces subsection 2E into section 393A ICTA 1988 and provides that subsection 2A of section 393A ICTA 1988 does not apply where two criteria are satisfied. Those criteria being:

a.

a trade ceases by virtue of its transfer to a person or persons outside the scope of Corporation tax; and

b.

the transfer is part of a scheme or arrangement the main purpose or one of the main purpose of which is to gain access to ‘terminal loss relief’.

4.Paragraph 2 provides that the amendment made by paragraph 1 has effect in relation to cessations of trade on or after 21 May 2009.