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).