106 Application of charges where rights to payments transferred.U.K.
M1(1)Subject to subsection (2) below, in the case of a transfer for value of the right to receive any sum to which section 103, 104(1) or 104(4) applies, any [F1corporation tax] chargeable by virtue of either of those sections shall be charged in respect of the amount or value of the consideration (or, in the case of a transfer otherwise than at arm’s length, in respect of the value of the right transferred as between parties at arm’s length), and references in this Chapter, except section 101(2), to sums received shall be construed accordingly.
(2)Where a trade, profession or vocation is treated as permanently discontinued by reason of a change in the persons carrying it on, and the right to receive any sum to which section 103 or 104(1) applies is or was transferred at the time of the change to [F2the company carrying on the trade,] profession or vocation after the change, [F3corporation tax] shall not be charged by virtue of either of those sections, but any sum received by [F4that company] by virtue of the transfer shall be treated for [F5corporation tax purposes] as a receipt to be brought into the computation of the [F6profits] of the trade, profession or vocation in the period in which it is received.
Textual Amendments
F1Words in s. 106(1) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 85(2) (with Sch. 2)
F2Words in s. 106(2) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 85(3)(a) (with Sch. 2)
F3Words in s. 106(2) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 85(3)(b) (with Sch. 2)
F4Words in s. 106(2) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 85(3)(c) (with Sch. 2)
F5Words in s. 106(2) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 85(3)(d) (with Sch. 2)
F6Word in s. 106(2) substituted (31.7.1998) by Finance Act 1998 (c. 36), s. 46(3)(a)(b), Sch. 7 para. 1
Marginal Citations
M1Source—1970 s.147