Income and Corporation Taxes Act 1988

773 Interpretation of sections 770 and 771. U.K.

M1 (1) Nothing in sections 770 and 771 shall be construed as affecting the operation of any of the provisions of the [F1 1990 Act].

(2) In sections 770 and 772—

• “body of persons” includes a partnership, and

• “control” has the meaning given by section 840;

and, for the purposes of [F2 section 770], a sale shall be deemed to take place at the time of completion or when possession is given, whichever is the earlier.

(3) In determining for the purposes of sections 770 and 771 whether any person (alone or with others) has control over a body of persons—

(a) there shall be attributed to him any rights or powers of a nominee for him, that is to say, any rights or powers which another possesses on his behalf or may be required to exercise on his direction or behalf;

(b) there may also be attributed to him any rights or powers of a person with whom he is connected (within the meaning of section 839 but omitting subsections (5) to (7) and the exception in subsection (4)), including any rights or powers of a nominee for such a person, that is to say, any rights or powers which another possesses on behalf of such a person or may be required to exercise on his direction or behalf.

(4) Sections 770, 771, except subsection (5)(b), and 772 and this section shall, with the necessary adaptations, have effect in relation to lettings and hirings of property, grants and transfers of rights, interests or licences and the giving of business facilities of whatever kind as they have effect in relation to sales, and the references in those sections to sales, sellers, buyers and prices shall be deemed to be extended accordingly.

Textual Amendments

F1 1990(C) s.164and Sch.1 para.8(32).Previously

“1968 Act or of Chapter I of Part III of the Finance Act 1971.”.

F2 1990 s.89and Sch.14 para.12 (correction of errors)—deemed always to have had effect. Previously

“this section”.

Marginal Citations

M1 Source—1970 s.485(4)-(6); 1975 s.17(1), (10); OTA Sch.9 7(2)(d)