C1C2C3C4C5C6Part 8Intangible fixed assets

Annotations:
Modifications etc. (not altering text)
C2

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)

C4

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)

C6

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)

C1C3C5Chapter 16Pre-FA 2002 assets etc

Assets treated as pre-FA 2002 assets

893Assets whose value derives from pre-FA 2002 assets

1

This section applies if—

a

on or after 1 April 2002 a company (“the acquiring company”) acquires an intangible fixed asset (“the acquired asset”) from a person (“the transferor”),

b

the acquired asset is created on or after 1 April 2002,

c

at the time of the acquisition the transferor and the acquiring company are related parties,

d

the value of the acquired asset derives in whole or in part from any other asset (“the other asset”), and

e

the other asset meets the preserved status conditions (see section 894).

2

In the hands of the acquiring company the acquired asset is treated for the purposes of this Part as a pre-FA 2002 asset so far as its value derives from the other asset.

3

If only part of the value of the acquired asset derives from the other asset—

a

this Part applies as if there were a separate asset representing the part of the value that does not so derive, and

b

the alternative enactments apply as if there were a separate asset representing the part of the value that does so derive.

4

In subsection (3) “the alternative enactments” means the enactments that apply where this Part does not apply.

5

For the purposes of this section the cases in which the value of an asset may be derived from any other asset include any case where—

a

assets have been merged or divided,

b

assets have changed their nature, or

c

rights or interests in or over assets have been created or extinguished.

6

Section 894 supplements this section.