Part VI Companies, oil, insurance etc.

Chapter I Companies

Transactions within groups

171AF1Notional transfers within a group.

1

This section applies where—

a

two companies (“A” and “B”) are members of a group of companies; and

b

A disposes of an asset to a person who is not a member of the group (“C”).

2

Subject to subsections (3) and (4) below, A and B may, by notice in writing to an officer of the Board, jointly elect that, for the purposes of corporation tax on chargeable gains—

a

the asset, or any part of it, shall be deemed to have been transferred by A to B immediately before the disposal to C;

b

section 171(1) shall be deemed to have applied to that transfer; and

c

the disposal of the asset or part to C shall be deemed to have been made by B.

3

No election may be made under subsection (2) above unless section 171(1) would have applied to an actual transfer of the asset or part from A to B.

4

An election under that subsection must be made before the second anniversary of the end of the accounting period of A in which the disposal to C was made.

5

Any payment by A to B, or by B to A, in pursuance of an agreement between them in connection with the election—

a

shall not be taken into account in computing profits or losses of either company for corporation tax purposes, and

b

shall not for any purposes of the Corporation Tax Acts be regarded as a distribution or a charge on income,

provided it does not exceed the amount of the chargeable gain or allowable loss that is treated, as a result of the disposal, as accruing to B.