Part VI Companies, oil, insurance etc.
Chapter I Companies
F1Restrictions on buying losses or gains etc
184GF2Avoidance involving losses: schemes converting income to capital
1
This section applies for the purposes of corporation tax in respect of chargeable gains if conditions A to D are satisfied.
2
Condition A is that—
a
any receipt arises to a company (“the relevant company”) on a disposal of an asset, and
b
the receipt arises directly or indirectly in consequence of, or otherwise in connection with, any arrangements.
3
Condition B is that—
a
a chargeable gain (the “relevant gain”) accrues to the relevant company on the disposal, and
b
losses accrue (or have accrued) to the relevant company on any other disposal of any asset (whether before or after or as part of the arrangements).
4
Condition C is that, but for the arrangements, an amount would have fallen to be taken into account wholly or partly instead of the receipt in calculating the income chargeable to corporation tax—
a
of the relevant company, or
b
of a company which, at any qualifying time, is a member of the same group as the relevant company.
5
Condition D is that—
a
the main purpose of the arrangements, or
b
one of the main purposes of the arrangements,
is to secure a tax advantage that involves the deduction of any of the losses from the relevant gain (whether or not it also involves anything else).
6
If the Board consider, on reasonable grounds, that conditions A to D are or may be satisfied, they may give the relevant company a notice in respect of the arrangements (but see also section 184I).
7
If, when the notice is given, conditions A to D are satisfied, no loss accruing to the relevant company at any time is to be deductible from the relevant gain.
8
A notice under this section must—
a
specify the arrangements,
b
specify the accounting period in which the relevant gain accrues, and
c
inform the relevant company of the effect of this section.
9
If relevant gains accrue in more than one accounting period, a single notice under this section may specify all the accounting periods concerned.
10
In this section—
“arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable),
“group”, in relation to companies, means a group determined in accordance with section 170,
“qualifying time”, in relation to any arrangements, means any time which falls in the period—
- a
beginning with the time at which the arrangements are made, and
- b
ending with the time at which the matters (other than any tax advantage) intended to be secured by the arrangements are secured,
- a
“tax advantage” has the meaning given by section 184D.
Ss. 184A-184F and cross-heading inserted (with effect in accordance with s. 70(6)-(8) of the amending Act) by Finance Act 2006 (c. 25), s. 70(2) (with s. 70(10)-(11))