Income Tax (Trading and Other Income) Act 2005

[F1Successions where predecessor and successor are connected personsU.K.

Textual Amendments

F1Pt. 2 Ch. 17A inserted (with effect in accordance with Sch. 4 paras. 56, 57 of the amending Act) by Finance Act 2013 (c. 29), Sch. 4 para. 38

240EEffect of election where predecessor and successor are connected personsU.K.

(1)This section applies if—

(a)a person carrying on a trade enters the cash basis for a tax year,

(b)the person is the successor for the purposes of section 266 of CAA 2001, and

(c)as a result of an election under section 267 of that Act, relevant plant or machinery is treated as sold by the predecessor to the successor at any time during F2... the tax year.

(2)The provisions of this Chapter have effect in relation to the successor as if everything done to or by the predecessor had been done to or by the successor.

(3)Any expenditure actually incurred by the successor on acquiring the relevant plant or machinery is to be ignored for the purposes of calculating the profits of the trade for the tax year.

(4)In this section “the predecessor” and “relevant plant or machinery” have the same meaning as in section 267 of CAA 2001.]

Textual Amendments

F2Words in s. 240E(1)(c) omitted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by virtue of Finance Act 2022 (c. 3), Sch. 1 paras. 18, 61(1)