Corporation Tax Act 2009

438Disapplication of Chapter where transparent entities involvedU.K.
This adran has no associated Nodiadau Esboniadol

(1)This section applies if one or more of the merging companies is a transparent entity.

(2)If as a result of the merger the assets and liabilities of a transparent entity are transferred to another company, this Chapter does not apply in relation to the transfer.

(3)If as a result of the merger the assets and liabilities of one or more other companies are transferred to a transparent entity, sections 435 and 436 do not apply to the new holding.

(4)In this section—

  • new holding” has the meaning given by section 126(1) of TCGA 1992 (application of sections 126 to 131 of that Act), and

  • transparent entity” means a company which is resident in a member State other than the United Kingdom and does not have an ordinary share capital.