Part 8Intangible fixed assets

Chapter 9Application of this Part to groups of companies

Company ceasing to be member of group

783Associated companies leaving group at the same time

1

If two or more companies that are associated (see section 788(3)) cease to be members of a group at the same time, section 780 does not apply in relation to a transfer between them.

2

This subsection applies if—

a

a company (“the transferee”) that is a member of a group of companies (“the first group”) acquires an asset from another company (“the transferor”) which is a member of that group at the time of the transfer,

b

the transferee ceases to be a member of the first group,

c

subsection (1) applies in relation to the transferee ceasing to be a member of the first group (so that section 780 does not apply),

d

the transferee subsequently ceases to be a member of another group of companies (“the second group”), and

e

there is a relevant connection between the two groups (see section 784).

3

If subsection (2) applies, section 780 applies in relation to the transferee ceasing to be a member of the second group as if both companies had been members of the second group at the time of the transfer.

4

This section is subject to section 789 (merger carried out for genuine commercial reasons).