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)

Chapter 13Transactions between related parties

F1Grants treated as being at market value

Annotations:
Amendments (Textual)
F1

Ss. 849AB-849AD and cross-heading inserted (with application in accordance with s. 21(3) of the amending Act) by Finance Act 2018 (c. 3), s. 21(2)

849ADGrants involving other taxes

1

This section applies if—

a

in a case where section 849AB applies and the licence or other right is granted by the company to a related party, the grant is at less than its market value,

b

in a case where that section applies and the licence or other right is granted to the company by a related party, the grant 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—

i

in a case within subsection (1)(a), the licence or other right is not a chargeable intangible asset immediately after the grant to it, or

ii

in a case within subsection (1)(b), the relevant asset is not a chargeable intangible asset immediately before the grant by it.

3

Condition B is that the grant of the licence or right—

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 849AB(2) or (3).

4

If this section applies, section 849AB(2) and (3) 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

Chapter 2 of Part 23 of CTA 2010 (matters which are distributions), except section 1000(2), and

b

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