Part V Transfer of business assetsF2, entrepreneurs' relief and investors' relief

Annotations:
Amendments (Textual)
F2

Words in Pt. 5 heading inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 14 para. 1(1)

Chapter IF3Transfer of business assets: General provisions

Annotations:
Amendments (Textual)
F3

Words in Pt. 5 Ch. 1 heading inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 14 para. 1(2)

F1Transfer of business from company to shareholders

Annotations:
Amendments (Textual)
F1

Ss. 162B, 162C and cross-heading inserted (with effect in accordance with s. 61(6) of the amending Act) by Finance Act 2013 (c. 29), s. 61(1)

162BDisincorporation relief: assets (including pre-FA 2002 goodwill)

1

This section applies where—

a

a company transfers its business to some or all of the shareholders of the company, and

b

a claim for disincorporation relief in respect of the transfer has been made under section 58 of the Finance Act 2013.

2

The disposal and acquisition of any qualifying asset of the business included in the transfer is to be deemed to be for a consideration equal to the lower of—

a

the sums allowable under section 38 as a deduction in the computation of the gain accruing to the company on the disposal of the asset in question, and

b

the market value of the asset.

3

In subsection (2) a “qualifying asset” means—

a

goodwill, or

b

an interest in land which is not held as trading stock.

4

But subsection (2) does not apply to the goodwill of the business if section 162C applies to it.