Finance Act 2009

This section has no associated Explanatory Notes

6(1)Section 196 (interpretation of sections 194 and 195) is amended as follows.U.K.

(2)In the heading, for “and 195” substitute “ to 195E ”.

(3)In subsection (1), after “section 194” insert “ and this section ”.

(4)After subsection (1A) insert—

(1B)In sections 195A to 195E, a reference to a UK licence that relates to a developed area is a reference to any UK licence apart from one that relates to an undeveloped area.

(5)In subsection (2), for “and (1A)” substitute “ to (1B) ”.

(6)In subsection (3), after “(1)” insert “ or (1B) ”.

(7)In subsection (5)—

(a)for “and 195” substitute “ to 195E ”,

(b)after the definition of “licence” insert—

licence-consideration swap” has the meaning given in section 195A(2);, and

(c)after the definition of “licensee” insert—

mixed consideration” means consideration that consists partly of disposal of a UK licence;

mixed-consideration swap” has the meaning given in section 195A(2);

no gain/no loss amount”, in relation to a company that disposes of a UK licence, means the amount that would be taken to be the consideration for the disposal if section 56(2) applied to the disposal;

non-licence consideration” means consideration that does not consist of disposal of a UK licence, as determined at the time the swap arrangements are entered into;

swap arrangements”, in relation to a licence-consideration swap or a mixed-consideration swap, means the arrangements under which the swap takes place;.

(8)After subsection (5A) insert—

(5B)In any of sections 195B to 195E, a reference to the value of a licence comprised in disposal A or disposal B (see section 195A) is a reference to the value of the licence as determined under the swap arrangements at the time the swap arrangements are entered into.