SolvedCG46375 | Groups: rebasing: elections out of kink test: company joining/leaving
From HM Revenue & Customs · Capital Gains Manual
Where a single company joins or leaves a group the results of the rules for elections out of the kink test are as follows.
| SITUATION | RESULT |
|---|---|
| Company already covered by election. | Election continues to apply company. |
| Company not covered by election and time limit expired. | Company will not be covered by any future election. |
| Company not covered by election | |
| Time limit has not expired | |
| Company has made a relevant disposal. | |
| - Company joins group Before its relevant time. | The disposal is the new group’s first relevant disposal. The right to elect passes to the new principal company. |
| 1. Company joins new group after its relevant time, or is no longer grouped. | Company retains right to elect. |
| Company not covered by election. \nCompany has not made a relevant disposal. | |
| 1. Company joins new group before its relevant time. | The right to elect passes to the new principal company. |
| 1. Company joins new group after its relevant time, or is no longer grouped. | Company retains right to elect. |
Any disposal made by an outgoing company is not treated as the first relevant disposal of the group. Any election subsequently made by the group’s principal company, and taking effect from a relevant time before the outgoing company left the group, does not cover that company.