C1

Part 12 Supplementary provisions

Chapter 5 Miscellaneous

Sales treated as being for alternative amount

C2C3C4C5 567 Sales treated as being for alternative amount: introductory

1

Sections 568 to 570 apply for the purposes of Parts F2... F13A,F2... F3... 5, 6 and 10.

2

For the purposes of sections 568 to 570, the control test is met if—

a

the buyer is a body of persons over whom the seller has control,

b

the seller is a body of persons over whom the buyer has control,

c

both the seller and the buyer are bodies of persons and another person has control over both of them, or

d

the seller and the buyer are connected persons.

3

In subsection (2) “ body of persons ” includes a partnership.

4

For the purposes of sections 568 to 570, the tax advantage test is met if it appears that the sole or main benefit which might be expected to accrue from—

a

the sale, or

b

transactions of which the sale is one,

is the obtaining of a tax advantage by all or any of the parties under any provision of this Act except Part 2.

5

Sections 568 to 570 do not apply if section 561 applies (transfer of a UK trade to a company in another member State).