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Part 12 U.K. Supplementary provisions

Chapter 4 U.K. Partnerships, successions and transfers

558 Effect of partnership changesU.K.

(1)This section applies if—

(a)a relevant activity has been set up and is at any time carried on in partnership,

(b)there has been a change in the persons engaged in carrying on the relevant activity, and

[F1(c)the change does not result in the relevant activity being treated as permanently discontinued under section 113(1) or 337(1) of ICTA (changes in persons carrying on a trade etc. and effect of company ceasing to trade etc.).]

(2)In this section—

(3)Any allowance or charge is to be made to or on the present partners.

(4)The amount of any allowance or charge arising under subsection (3) is to be calculated as if—

(a)the present partners had at all times been carrying on the relevant activity, and

(b)everything done to or by their predecessors in carrying on the relevant activity had been done to or by the present partners.

(5)In this section “relevant activity” means a trade, property business, profession or vocation.

Textual Amendments

F1S. 558(1)(c) substituted (with effect as mentioned in s. 69(2) of the amending Act) by Finance Act 2001 (c. 9), s. 69(1), Sch. 21 para. 4(2)