CTM06790 - Corporation Tax: loss buying: assets transferred between companies: transfer of asset or gain
CTA10/S676BA, S676DA
Profits relating to a transfer of an asset or gain will fall under the restrictions at CTA10/PART14/CH2B or CH2D in one of three possible sets of circumstances.
No gain/no loss transfer
This applies where
· There has been a change in ownership of a company,
· Following the change in ownership, an asset is transferred to the company on a no gain/no loss basis under TCGA92/S171 (CG45300), and
· The company realises a chargeable gain on that asset within the five years following the change in ownership.
Tax-neutral transfer
This applies where
· There has been a change in ownership of the company,
· Following the change in ownership, an intangible fixed asset is transferred to the company on a tax-neutral basis under CTA09/S775 (CIRD40200), and
· The company realises a non-trading chargeable realisation gain on that asset within the five years following the change in ownership.
For these purposes, a non-trading chargeable realisation gain is a chargeable realisation gain which is a non-trading credit for the purposes of CTA09/PART8.
Transfer of gain
This applies where
· There has been a change in ownership of the company, and
· Within five years of the change in ownership, a chargeable gain or part of a gain is treated as accruing to the company due to an election under TCGA92/S171A (CG45355).