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(1)The general rule is that this Part applies only to intangible fixed assets of a company (“the company”) that—
(a)are created by the company on or after 1 April 2002,
(b)are acquired by the company on or after that date from a person who at the time of the acquisition is not a related party in relation to the company, or
(c)are acquired by the company on or after that date in case A, B or C from a person who at the time of the acquisition is a related party in relation to the company.
(2)For provisions explaining when assets are treated as created or acquired, see sections 883 to 889.
(3)Case A is where the asset is acquired from a company in relation to which the asset was a chargeable intangible asset immediately before the acquisition.
(4)Case B is where the asset is acquired from a person (“the intermediary”) who acquired the asset on or after 1 April 2002 from a third person—
(a)who was not at the time of the intermediary's acquisition a related party in relation—
(i)to the intermediary, or
(ii)if the intermediary was not a company, to a company in relation to which the intermediary was a related party, and
(b)who is not, at the time of the acquisition by the company, a related party in relation to the company.
(5)Case C is where the asset was created on or after 1 April 2002 by the person from whom it is acquired or any other person.
(6)The general rule in subsection (1) is subject to—
(a)section 890 (fungible assets: application of section 858),
(b)section 892 (certain assets acquired on transfer of a business),
(c)section 893 (assets whose value derives from pre-FA 2002 assets),
(d)section 895 (assets acquired in connection with disposals of pre-FA 2002 assets),
(e)section 897 (application to pre-FA 2002 assets consisting of telecommunication rights),
(f)sections 898 and 899 (application of roll-over relief in relation to some pre-FA 2002 assets), and
(g)section 905 (pre-FA 2002 assets: Lloyd's syndicate capacity).
(7)This section does not restrict the application of this Part in accordance with section 896 (application to royalties) (but see section 896(3)).
Modifications etc. (not altering text)
C1Pt. 8 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 6(1)
C2Pt. 8 modified (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 2 para. 6(1); S.I. 2011/2329, art. 3
C3Pt. 8 modified (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 3(1); S.I. 2011/2576, art. 5
C4S. 882 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 6(3)
C5S. 882 modified (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 2 para. 6(3); S.I. 2011/2329, art. 3
C6S. 882 modified (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 3(3); S.I. 2011/2576, art. 5
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