PART 1Income Tax, Corporation Tax and Capital Gains Tax
CHAPTER 3Corporation tax: general
Losses, other reliefs and deductions
32Change in company ownership: company reconstructions
1
For section 676 of CTA 2010 (disallowance of trading losses where company reconstruction without a change of ownership) substitute—
676Company reconstructions
1
Subsection (2) applies if, before the change in ownership—
a
a trade carried on by another company (“the predecessor company”) is transferred to the company, and
b
the transfer is a transfer to which Chapter 1 of Part 22 applies (transfers of trade without a change of ownership).
2
In determining any relief available to the company by virtue of section 944(3) (carry forward of trading losses in successor company), this Chapter applies as if—
a
references to a trade carried on by the company included the trade as carried on by the predecessor company or by any predecessor of that company, and
b
any loss sustained by the predecessor company or any predecessor of that company had been sustained by the company.
3
Subsection (4) applies if, after the change in ownership—
a
a trade carried on by the company is transferred to another company (“the successor company”), and
b
the transfer is a transfer to which Chapter 1 of Part 22 applies.
4
In determining—
a
any relief available to the company under section 45 (carry forward of trading losses), or
b
any relief available to the successor company or any successor of that company by virtue of section 944(3),
this Chapter applies as if references to a trade carried on by the company included the trade as carried on by the successor company or by any successor of that company.
5
For the purposes of this section a company (“company A”) is a predecessor of another company (“company B”), and company B is a successor of company A, if the first or second condition is met.
6
The first condition is that Chapter 1 of Part 22 applies in relation to company A and company B as respectively the predecessor and the successor within the meaning of that Chapter.
7
The second condition is that—
a
Chapter 1 of Part 22 applies in relation to company A and a third company (“company C”) as respectively the predecessor and the successor within the meaning of that Chapter, and
b
company C is (whether by virtue of the first condition or this condition) a predecessor of company B.
2
The amendment made by this section has effect in relation to changes in ownership that occur on or after 20 March 2013.