PART XVII TAX AVOIDANCE
CHAPTER VI MISCELLANEOUS
C1 Transactions between associated persons
774 Transactions between dealing company and associated company.
M11
Subject to the provisions of this section, where—
a
a dealing company becomes entitled to a deduction, in computing the profits or gains of the company for tax purposes for any period, in respect of the depreciation in the value of any right subsisting against an associated company, being a non-dealing company; or
b
a dealing company makes any payment to such an associated company, being a payment in respect of which the dealing company is entitled to a deduction in computing its profits or gains for tax purposes for any period;
and the depreciation or payment is not brought into account in computing the profits or gains of the non-dealing company, that company shall be deemed to have received on the last day of the period income of an amount equal to the amount of the deduction and shall be chargeable in respect thereof under Case VI of Schedule D.
2
Where the non-dealing company is carrying on a trade, the income referred to in subsection (1) above shall, if the company so elects, not be so chargeable but shall be deemed to have been a receipt of the trade, or, if the company is carrying on more than one trade, to have been a receipt of such one of the trades as the company may choose.
3
Where the non-dealing company is carrying on, or was formed to carry on a trade, then if—
a
either—
i
the right subsisting against it was a right to the repayment of moneys lent for meeting expenditure which has proved (in whole or in part) abortive, or
ii
the payment to the company was made for meeting such expenditure, and
b
that expenditure is such that the company is not entitled in respect of it to any allowance or deduction in computing losses or gains,
subsection (1) above shall not apply in so far as the expenditure proved abortive.
4
For the purposes of this section—
a
“company” includes any body corporate;
b
“dealing company” means a company dealing in securities, land or buildings and includes any company whose profits on the sale of securities, land or buildings are part of its trading profits;
c
“non-dealing company” means any company which is not a dealing company;
d
two or more companies shall be treated as associated companies if one has control of the other or others, or any person has control of both or all of them;
e
references to a company (“the first company”) having control of another company (“the second company”) shall be construed as references to the first company having control of the second company either by itself or in conjunction with any person having control over the first company, and “control” has the meaning given by section 840;
f
“securities” includes shares and stock.
5
Where it appears to the Board that by reason of any transaction or transactions a person may by virtue of this section have incurred any liability to tax, the Board may by notice served on him require him, within such time not less than 28 days as may be specified in the notice, to furnish information in his possession with respect to the transaction or any of the transactions, being information as to matters, specified in the notice, which are relevant to the question whether he has incurred any such liability to tax.
Ss. 770-772 modified (with effect in accordance with Sch. 9 para. 16(2) of the amending Act) by Finance Act 1996 (c. 8), Sch. 9 para. 16