CTM08880 | Corporation Tax: change of ownership: companies with investment business: chargeable gain on disposal of asset acquired from another member of the group

CTA10/S692

CTA10/S692 applies where:

• there is a change in ownership of an investment company, or for periods starting on or after 1 April 2004, a company with investment business,

• the company subsequently acquires an asset from another member of the same group so that the no gain/no loss basis provided for in TCGA92/S171 (1) applies, and

• the company realises a chargeable gain (a relevant gain) on its disposal of the asset (or another asset which derives its value from the transferred asset) within five years (three years for periods before 1 April 2017) of the change in ownership, or

• the company acquires goodwill or an intangible fixed asset under ‘tax neutral’ terms under CTA09/S775, and

• there is a subsequent disposal of that asset giving rise to a non-trading credit within five years (three years for periods before 1 April 2017) of the change in ownership (see CIRD48050), or

• a chargeable gain on a disposal of an asset within five years of the change in ownership is treated as accruing to the company through an election under TCGA192/S171A (election to reallocate a gain or loss to another member of the group).

For the purposes of S692 an asset which is disposed of is to be regarded as the same asset as one acquired earlier from another member of the group where its value is derived in whole or in part from that asset. In particular, this applies where the asset acquired was leasehold and the lessee, having acquired the reversion, disposes of the freehold.