Corporation Tax Act 2009 (c. 4)

Part 8 U.K. Intangible fixed assets

Modifications etc. (not altering text)

C1 Pt. 8 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 6(1)

Chapter 14 U.K. Miscellaneous provisions

Assets ceasing to be or becoming chargeable intangible assets U.K.

860 Asset ceasing to be chargeable intangible asset: postponement of gain U.K.

(1) This subsection applies if—

(a) section 859 applies because a company (“A”) ceases to be UK resident,

(b) immediately before A ceases to be UK resident the asset is held by it for the purposes of a trade carried on by it outside the United Kingdom through a permanent establishment,

(c) the proceeds of the realisation of the asset that is treated as occurring under section 859 exceed the original cost of the asset recognised for tax purposes,

(d) immediately after A ceases to be UK resident it is a 75% subsidiary of another company (“B”) that is UK resident, and

(e) A and B so elect by notice given to an officer of Revenue and Customs not later than 2 years after the date on which A ceased to be UK resident.

(2) If subsection (1) applies, this Part applies as if the proceeds of the realisation of the asset that is treated as occurring under section 859 were reduced to the original cost of the asset recognised for tax purposes.

(3) For the later treatment of the amount of the reduction under subsection (2), see sections 861 and 862.

(4) In those sections—

(a) “the postponed gain” means the amount of that reduction, and

(b) references to “A” and “B” must be read in accordance with this section.