Corporation Tax Act 2009 (c. 4)

Part 8 U.K. Intangible fixed assets

Chapter 13 U.K. Transactions between related parties

Transfers treated as being at market value U.K.

846 Transfers not at arm's length U.K.

(1) Section 845 does not apply if the consideration for the transfer—

(a) falls to be adjusted for tax purposes under Schedule 28AA to ICTA (provision not at arm's length), or

(b) falls within that Schedule without falling to be so adjusted.

(2) For the purposes of subsection (1)(b) the consideration for a transfer falls within that Schedule without falling to be adjusted under it if—

(a) the conditions in paragraph 1(1) of that Schedule are met, but

(b) the actual provision does not differ from the arm's length provision.

(3) In subsection (2) “the actual provision” and “the arm's length provision” have the same meaning as in that Schedule (see paragraph 1(1) and paragraph 1(2) and (3) of that Schedule respectively).