Part VI Companies, oil, insurance etc.

Chapter I Companies

Transactions within groups

C1C2C3F1173 Transfers within a group: trading stock.

1

Where—

a

a company (“company A”) acquires an asset as trading stock of a trade to which this section applies,

b

the acquisition is from a company (“company B”) that at the time of the acquisition is a member of the same group of companies, and

c

the asset did not form part of the trading stock of any such trade carried on by company B,

company A is treated for the purposes of section 161 as having acquired the asset otherwise than as trading stock and immediately appropriated it for the purposes of the trade as trading stock.

2

Where—

a

a company (“company C”) disposes of an asset forming part of the trading stock of a trade to which this section applies carried on by that company,

b

the disposal is to another company (“company D”) that at the time of the disposal is a member of the same group of companies, and

c

the asset is acquired by company D otherwise than as trading stock of any such trade carried on by it,

company C is treated for the purposes of section 161 as having appropriated the asset immediately before the disposal for some purpose other than the purpose of use as trading stock.

3

The trades to which this section applies are—

a

any trade carried on by a company resident in the United Kingdom, and

b

any trade carried on in the United Kingdom through a F2permanent establishment by a company not so resident.