C1Part IV Mineral Extraction
Chapter III Limitations on Qualifying Expenditure etc.
117 Transfer of mineral assets within a group.
1
Subject to subsection (2) below, this section applies where a company (“the transferee") acquires a mineral asset from another company (“the transferor") and either—
a
the transferor has control of the transferee or the transferee has control of the transferor, or
b
both the transferor and the transferee are under the control of another person.
2
This section does not apply—
a
where the acquisition is a sale in respect of which an election is made under section 158; nor
b
where the mineral asset in question is, or is an interest in, a Petroleum Act licence as defined in section 116;
but, subject to paragraph (a) above, this section applies notwithstanding anything in section 157.
3
Subject to subsection (4) below, so much, if any, of the capital expenditure incurred by the transferee on the acquisition of the mineral asset as exceeds the capital expenditure incurred by the transferor on the acquisition of the mineral asset by him shall be left out of account for the purposes of this Part (and, accordingly, if the transferee is carrying on a trade of mineral extraction, shall not be qualifying expenditure).
4
Where the mineral asset acquired by the transferee consists of an interest or right granted by the transferor in a mineral asset acquired by him, the reference in subsection (3) above to the capital expenditure incurred by the transferor on the acquisition of the mineral asset by him shall be construed as a reference to so much of that expenditure as, on a just apportionment, is referable to the interest or right granted by the transferor.
5
If the transferee is carrying on a trade of mineral extraction and the expenditure incurred by him on the acquisition of the mineral asset is expenditure falling within section 110, any reference in that section to the time of the acquisition of the interest in land is a reference to the time it was acquired by the transferor or, if there is a sequence of two or more acquisitions each of which falls within subsection (1) above, the time at which the interest was acquired by the company which was the transferor under the earliest of those acquisitions.
6
If, in a case where subsection (5) above applies, there is a sequence of two or more acquisitions each of which falls within subsection (1) above—
a
any expenditure which one of the companies involved in the sequence is treated as incurring under section 110(4) shall be treated as incurred by the company which is the transferee from that company and by any subsequent transferee company in the sequence; and
b
the reference in section 110(5) to the person treated by subsection (4) of that section as incurring expenditure shall be construed as including a reference to any other company which, under paragraph (a) above, is treated as incurring that expenditure.
Pt. 4 modified (with application in accordance with Sch. 12 para. 11(1) of the amending Act) by Finance Act 1997 (c. 16), Sch. 12 para. 11(3)(c) (with Sch. 12 paras. 13, 14)