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Contents

Official guidance
Corporate Intangibles Research and Development Manual

CIRD48000 · Intangible assets: avoidance

  • CIRD48010 · Introduction
  • CIRD48020 · Structural defences and their limitations
  • CIRD48030 · Specific rules
  • CIRD48040 · More general CT rules
  • CIRD48050 · Change of ownership of company
  • CIRD48105 · Tax-driven transactions: approach to take
  • CIRD48110 · Tax-driven transactions: outline of provision
  • CIRD48120 · Tax-driven transactions: relationship of anti-avoidance rule with other provisions
  • CIRD48130 · Tax-driven transactions: whether tax avoidance main object
  • CIRD48140 · Tax-driven transactions: circumstances where anti-avoidance rule may be in point
  • CIRD48150 · Tax-driven transactions: nature of counteraction
  • CIRD48200 · Measures in FA03/S184: background
  • CIRD48230 · Measures in FA03/S184: how they work
  • CIRD48250 · Measures in FA03/S184: position for accounting periods ending at different times
  • CIRD48260 · Measures in F2A05: change to rules: market value rules
  • CIRD48270 · Measures in F2A05/S41: change to rules: related party rules
  • CIRD48280 · New measures in FA06/S77: change to rules: new assets derived from companies’ pre-FA 2002 assets
  • CIRD48290 · New measures in FA09/S70: confirmation of rules: time of creation of goodwill and certain other internally generated assets
  • CIRD48300 · New measures in FA11/S62: confirmation of rules: goodwill and intangible assets relating to an oil & gas licence excluded
  • CIRD48320 · Intangible assets exchanged for other assets recognised at net book value (step-up schemes)
  • CIRD48330 · Measure in F(2)A15/S42: accounting step-up schemes involving transfers before 1 January 2026
  • CIRD48340 · FA18/S20: intangible asset realisation involving non-monetary receipts
  • CIRD48350 · Related party licence not granted at market value between 22 November 2017 and 31 December 2025 - interaction with transfer pricing
  • CIRD48360 · Related party licence examples
  1. Intangible assets: avoidance: contents
  2. Intangible assets: avoidance: specific rules

CIRD48030 | Intangible assets: avoidance: specific rules

From HM Revenue & Customs · Corporate Intangibles Research and Development Manual

Rules in CTA09/PART8 inhibiting avoidance in specific situations

The following specific rules in CTA09/PART8 will counter some attempts at exploiting the legislation:

  • where an asset is transferred from a company to a ‘related party’ (or in the other direction) and the asset is within CTA09/PART 8 in the hands of the company the transfer is regarded as taking place at market value (CIRD45030),

  • where a company ceases to be resident in the UK, or where a non-resident ceases to use such an asset for its UK trade carried on through a permanent establishment in the UK, the asset is deemed to be disposed of at market value (CIRD47030),

  • the degrouping adjustment where (broadly) a company to which goodwill or an intangible asset has been transferred on a tax neutral basis, leaves a group (CIRD40500 onwards),

  • tax neutral treatment under CTA09/PART 8 on a business reorganisation is subject to a test of commercial purpose (CIRD42000 onwards),

  • attempts to convert existing fungible assets into assets within CTA09/PART 8 by sale and repurchase (CIRD11770),

  • attempts to convert existing assets into assets within CTA09/PART 8 by sale and finance lease back (CIRD27060).

  • attempts to create new assets from the value of companies existing assets (CIRD48280).

  • attempts to bring goodwill within the regime by misinterpreting rules which determine the timing of creation of goodwill (CIRD48290).

  • attempts to claim relief for goodwill in relation to an oil licence or an interest in an oil licence (CIRD48300),

  • attempts to avoid paying tax on the realisation of intangible fixed assets using accounting step-up schemes (see CIRD48320 onwards),

  • attempts to gain a tax advantage by granting a licence or other right in relation to an intangible fixed asset other than at market value (see CIRD48350).

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