Part 8Intangible fixed assets

Chapter 13Transactions between related parties

Transfers treated as being at market value

847Transfers involving other taxes

1

This section applies if—

a

in a case where section 845(1) applies and the asset is transferred from the company to a related party, the transfer is at less than its market value,

b

in a case where that section applies and the asset is transferred to the company from the related party, the transfer is at more than its market value, and

c

conditions A and B apply.

2

Condition A is that the related party—

a

is not a company, or

b

is a company in relation to which the asset is not a chargeable intangible asset immediately after the transfer to it or, as the case may be, immediately before the transfer from it.

3

Condition B is that the transfer—

a

gives rise to an amount to be taken into account in calculating any person’s income, profits or losses for tax purposes because of a relevant provision, or

b

would do so apart from section 845(1).

4

If this section applies, section 845(1) does not apply in relation to the calculation referred to in subsection (3) for the purposes of any relevant provision.

5

In this section “relevant provision” means—

a

section 209 of ICTA (meaning of “distribution”), and

b

Part 3 of ITEPA 2003 (employment income: earnings and benefits etc treated as earnings).