SCHEDULES

SCHEDULE 1Minor and consequential amendments

Part 2Other enactments

Taxation of Chargeable Gains Act 1992 (c. 12)

366

(1)

Amend section 116 (reorganisations, conversions and reconstructions) as follows.

(2)

In subsection (8A)—

(a)

in the first sentence, for “Chapter II of Part IV of the Finance Act 1996” and “that Chapter” substitute “ Part 5 of CTA 2009 ” and “ that Part ” respectively, and

(b)

in the second sentence for the words from “transaction” to the end substitute “ relevant loan relationship transaction ”.

(3)

After subsection (8A) insert—

“(8AA)

In subsection (8A) “relevant loan relationship transaction” means a transaction to which any of the following provisions applies—

  • section 342 of CTA 2009 (continuity of treatment on transfers within groups or reorganisations: issues of new securities on reorganisations: disposal at notional carrying value),

  • section 343 of that Act (continuity of treatment on transfers within groups or reorganisations: receiving company using fair value accounting),

  • section 424 of that Act (European cross-border transfers of business: reorganisations involving loan relationships),

  • section 425 of that Act (European cross-border transfers of business: original holder using fair value accounting),

  • section 435 of that Act (European cross-border mergers: reorganisations involving loan relationships),

  • section 436 of that Act (European cross-border mergers: original holder using fair value accounting).”

(4)

In subsection (16) for “section 80(5) of the Finance Act 1996” and “Chapter II of Part IV” substitute “ section 464(1) of CTA 2009 ” and “ Part 5 ” respectively.