C1C2C3C4C5C6Part 8Intangible fixed assets
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)
Pt. 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
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)
Pt. 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
Chapter 11Transfer of business or trade
Tax-neutral transfers
822Transfer of assets on European cross-border merger
1
If this section applies, the transfer of qualifying assets in the course of the merger is tax-neutral for the purposes of this Part.
2
For the purposes of this section an asset is a qualifying asset if—
a
it is a chargeable intangible asset in relation to the transferor immediately before the transfer, and
b
it is a chargeable intangible asset in relation to the transferee immediately after the transfer.
3
This section does not apply if section 818 (company reconstruction involving transfer of business) applies to any qualifying assets transferred in the course of the merger.
4
This section does not apply if—
a
one or more of the merging companies is a transparent entity, and
b
the assets and liabilities of a transparent entity are transferred to another company in the course of the merger.
5
This section applies only if the merger meets the genuine commercial transaction requirement (see section 831).
6
For the meaning of expressions used in this section, see section 823.
Pt. 8 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 6(1)