SCHEDULES
SCHEDULE 29 Chargeable gains: non-resident companies and groups etc.
Part II Minor and consequential amendments
Section 276 of the Taxation of Chargeable Gains Act 1992
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1
In section 276 of the Taxation of Chargeable Gains Act 1992 (application of the 1992 Act to the territorial sea and the continental shelf), for subsection (8) substitute—
8
The provisions specified in subsection (9) below shall apply in relation to a disposal of exploration or exploitation rights or exploration or exploitation assets if (and only if) the disposal is—
a
by a company resident in a territory outside the United Kingdom to a company resident in the same territory,
b
by a company resident in the United Kingdom to another company which is so resident, or
c
by a company which is not resident in the United Kingdom to another company which is resident there.
9
Those provisions are—
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”),
e
section 179 (except subsections (1)(b) and (1A)), and
f
section 181.
10
The provisions specified in subsection (9) above shall apply in accordance with subsection (8) above with the following modifications—
a
for the purposes of paragraph (a) of subsection (9) above, section 41(8) applies as if section 170 applied, for the purposes of section 171, with the omission of subsection (9), and
b
for the purposes of paragraphs (b) to (f) of subsection (9) above, the provisions specified in those paragraphs apply as if in section 170 subsection (9) were omitted.
2
The above amendment has effect in cases in which section 41, 171, 173, 174(4), 179 or 181, as the case may be, has effect as amended by this Schedule.