Income Tax (Trading and Other Income) Act 2005 (c. 5)

Part 2 U.K. Trading income

[F1 Chapter 11A U.K. Trade profits: changes in trading stock

Textual Amendments

F1 Pt. 2 Ch. 11A inserted (with effect in accordance with s. 37(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 15 para. 2

Relationship with transfer pricing rules U.K.

172F Transfer pricing rules to take precedence U.K.

(1) Section 172D or 172E does not apply if the relevant consideration—

(a) falls to be adjusted for tax purposes under Schedule 28AA to ICTA, or

(b) falls within that Schedule without falling to be so adjusted.

(2) For the purposes of subsection (1)(b), the relevant consideration falls within Schedule 28AA to ICTA without falling to be adjusted under that Schedule if—

(a) the conditions in paragraph 1(1) of that Schedule are met, but

(b) either—

(i) the actual provision does not differ from the arm's length provision, or

(ii) the exception in paragraph 8, 10 or 13 of that Schedule applies.

(3) In this section “relevant consideration” means—

(a) in relation to section 172D, the consideration for the disposal of the stock, and

(b) in relation to section 172E, the consideration for the acquisition of the trading stock.]