Taxation of Chargeable Gains Act 1992

14 Non-resident groups of companies.U.K.

(1)This section has effect for the purposes of section 13.

[F1(2)The following provisions—

(a)section 41(8),

(b)section 171 (except subsections (1)(b) and (1A)),

(c)section 173 (with the omission of the words “to which this section applies" in subsections (1)(a) and (2)(a) and “such" in subsections (1)(c) and (2)(c) and with the omission of subsection (3)),

(d)section 174(4) (with the substitution of “ at a time when both were members of the group" for “in a transfer to which section 171(1) applied”), and

(e)section 175(1) (with the omission of the words “to which this section applies”),

shall apply in relation to non-resident companies which are members of a non-resident group of companies as they apply in relation to companies which are members of a group of companies.]

(3)[F2Section 179 (except subsections (1)(b) and (1A))] shall apply for the purposes of section 13 as if for any reference therein to a group of companies there were substituted a reference to a non-resident group of companies, and as if references to companies were references to companies not resident in the United Kingdom.

(4)For the purposes of this section —

(a)a “non-resident group” of companies—

(i)in the case of a group, none of the members of which are resident in the United Kingdom, means that group, and

(ii)in the case of a group, 2 or more members of which are not resident in the United Kingdom, means the members which are not resident in the United Kingdom;

(b)group” shall be construed in accordance with section 170 F3... .

Textual Amendments

F1S. 14(2) substituted (with effect in accordance with Sch. 29 para. 16(5) of the amending Act) by Finance Act 2000 (c. 17), Sch. 29 para. 16(2) (with Sch. 29 para. 46(5))

F2Words in s. 14(3) substituted (with effect in accordance with Sch. 29 para. 16(5) of the amending Act) by Finance Act 2000 (c. 17), Sch. 29 para. 16(3) (with Sch. 29 para. 46(5))

F3Words in s. 14(4)(b) repealed (with effect in accordance with Sch. 29 para. 16(5), Sch. 40 Pt. 2(12) Note 2 of the amending Act) by Finance Act 2000 (c. 17), Sch. 29 para. 16(4), Sch. 40 Pt. II(12) (with Sch. 29 para. 46(5))