- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Corporation Tax
Income Tax
Stamp Duty Land Tax
Made
6th March 2012
Laid before the House of Commons
7th March 2012
Coming into force
31st March 2012
The Treasury, in exercise of the powers conferred by Part 3 of Schedule 24 to the Localism Act 2011(1), make the following Regulations.
1. These Regulations may be cited as the London Legacy Development Corporation (Tax Consequences) Regulations 2012 and come into force on 31st March 2012.
2. In these Regulations—
“CTA 2009” means the Corporation Tax Act 2009(2);
“CTA 2010” means the Corporation Tax Act 2010(3);
“LLDC” means the London Legacy Development Corporation;
“LTGDC” means the London Thames Gateway Development Corporation;
“LTGDC relevant transfer” means a transfer of LTGDC’s trading stock from LTGDC to LLDC in relation to, in connection with, or by or under, the London Legacy Development Corporation and the London Thames Gateway Development Corporation (No. 1) Transfer Scheme 2012;
“OPLC” means the Olympic Park Legacy Company Limited, company registered number 06900359;
“OPLC relevant transfer” means a transfer of property, rights and liabilities from OPLC to LLDC, in relation to, in connection with, or by or under, the London Legacy Development Corporation and the Olympic Park Legacy Company Transfer Scheme 2012;
“trading stock” has the same meaning as in section 163 of CTA 2009.
3.—(1) This regulation applies to an OPLC relevant transfer.
(2) For the purposes of any enactment about income tax or corporation tax—
(a)OPLC and LLDC are to be treated as the same person, and
(b)a relevant transfer is to be disregarded for those purposes.
(3) A relevant transfer is not to be regarded for the purposes of Part 8 of CTA 2009 (intangible fixed assets) as involving any realisation of an asset by OPLC or acquisition of an asset by LLDC.
(4) A relevant transfer is not to be regarded for the purposes of Part 14 of CTA 2010 (change in company ownership) as resulting in a change of ownership of a company.
(5) A relevant transfer does not give rise to any liability to stamp duty land tax.
4.—(1) This regulation applies to a LTGDC relevant transfer.
(2) Paragraphs (3) and (4) have effect in computing for any corporation tax purpose both—
(a)the profits of LTGDC’s trade in relation to which the stock transferred is trading stock immediately before the relevant transfer takes effect, and
(b)the consideration given by LLDC, or the expenditure incurred by it, for the acquisition of the stock.
(3) The stock must be taken to have been—
(a)disposed of by LTGDC in the course of its trade, and
(b)disposed of and acquired when the relevant transfer takes effect.
(4) The stock must be valued as if the disposal and acquisition were for a consideration which in relation to LTGDC would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of LTGDC which ends with, or is current at, the time when the relevant transfer takes effect.
James Duddridge
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2012
(This note is not part of the Regulations)
These Regulations deal with tax consequences of transfers of property, rights and liabilities from the Olympic Park Legacy Company Limited (“OPLC”) to the London Legacy Development Corporation (“LLDC”) made under the London Legacy Development Corporation and the Olympic Park Legacy Company Transfer Scheme 2012 (“the OPLC Scheme”). They also deal with tax consequences of transfers of trading stock from the London Thames Gateway Development Corporation (“LTGDC”) to LLDC under the London Legacy Development Corporation and the London Thames Gateway Development Corporation (No. 1) Transfer Scheme 2012 (“the LTGDC Scheme”).
Regulation 1 provides for citation and commencement.
Regulation 2 provides for interpretation.
Regulation 3 covers transfers from OPLC to LLDC under the OPLC Scheme. Paragraph (2) treats OPLC and LLDC as the same person for income tax and corporation tax purposes and allows generally for the transfers to be disregarded for such purposes. Paragraph (3) provides, for the specific purpose of Part 8 of the Corporation Tax Act 2009 (c. 4), that the transfers do not involve the realisation of an asset by OPLC or the acquisition of an asset by LLDC. Paragraph (4) provides that no change in ownership of a company results following a transfer for the purposes of Part 14 of the Corporation Tax Act 2010 (c. 4). Paragraph (5) provides that no liability to stamp duty land tax arises from the transfers.
Regulation 4 covers transfers from LTGDC to LLDC under the LTGDC Scheme. It does this by treating the disposal of LTGDC’s trading stock as having taken place in the course of its trade, and treating that disposal and the acquisition of LTGDC’s trading stock by LLDC as being at the time of the transfers and at a value which results in neither a profit nor a loss being brought into account.
A Tax Information and Impact Note covering these Regulations will be published on the HMRC website at http://www.hmrc.gov.uk/thelibrary/tiins.htm.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: