C1C4C3C5C7C2C6Part 8Intangible fixed assets

Annotations:
Modifications etc. (not altering text)
C4

Pt. 8 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)

C5

Pt. 8 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 1(3); S.I. 2012/628, art. 3(b)

C2

Pt. 8 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)

C6

Pt. 8 modified (6.4.2020) by Finance Act 2019 (c. 1), Sch. 5 paras. 35, 45 (with Sch. 5 para. 36)

C2Chapter 9Application of this Part to groups of companies

Roll-over relief under Chapter 7 (realisation and reinvestment)

777Relief on realisation and reinvestment: application to group member

1

This section deals with the application of Chapter 7 (roll-over relief in case of realisation and reinvestment) in relation to a company that is a member of a group.

2

Chapter 7 does not apply if the expenditure on other assets is expenditure on the acquisition of assets from another member of the same group by a tax-neutral transfer.

3

Chapter 7 applies as if two companies (“A” and “B”) are the same person if—

a

the realisation of the old asset is by A,

b

at the time of the realisation A is a member of a group,

c

the expenditure on other assets is by B,

d

B is a member of the same group as A at the time the expenditure is incurred (“the expenditure time”),

e

B is not a dual resident investing company within the meaning of F1section 949 of CTA 2010 (dual resident investing companies) at the expenditure time,

f

immediately after the expenditure time the other assets are chargeable intangible assets in relation to B, and

g

both A and B make a claim for relief under Chapter 7.

4

Expressions used in this section that are defined for the purposes of Chapter 7 have the same meaning in this section.

5

In particular, see section 754 for the meaning of “the old asset” and “the other assets”.