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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Transactions within groups

  • Section 171 Transfers within a group: general provisions.
  • Section 171A Election to reallocate gain or loss to another member of the group
  • Section 171B Election under section 171A: effect
  • Section 171C Elections under section 171A: insurance companies
  • Section 172 Transfer of United Kingdom branch or agency.
  • Section 173 Transfers within a group: trading stock.
  • Section 174 Disposal or acquisition outside a group.
  • Section 175 Replacement of business assets by members of a group.
  1. Transactions within groups
  2. Transfers within a group: trading stock.

Section 173 | Transfers within a group: trading stock. F1

From legislation.gov.uk

(1)Where—F1

(a)a company (“company A”) acquires an asset as trading stock of a trade to which this section applies,F1

(b)the acquisition is from a company (“company B”) that at the time of the acquisition is a member of the same group of companies, andF1

(c)the asset did not form part of the trading stock of any such trade carried on by company B,F1

company A is treated for the purposes of section 161 as having acquired the asset otherwise than as trading stock and immediately appropriated it for the purposes of the trade as trading stock.

(2)Where—F1

(a)a company (“company C”) disposes of an asset forming part of the trading stock of a trade to which this section applies carried on by that company,F1

(b)the disposal is to another company (“company D”) that at the time of the disposal is a member of the same group of companies, andF1

(c)the asset is acquired by company D otherwise than as trading stock of any such trade carried on by it,F1

company C is treated for the purposes of section 161 as having appropriated the asset immediately before the disposal for some purpose other than the purpose of use as trading stock.

(3)The trades to which this section applies are—F1

(a)any trade carried on by a company resident in the United Kingdom, andF1

(b)any trade carried on in the United Kingdom through a permanent establishment by a company not so resident.F1F2

Notes

  1. F1

    S. 173 substituted (with effect in accordance with Sch. 29 para. 11(2) of the amending Act) by Finance Act 2000 (c. 17), Sch. 29 para. 11(1) (with Sch. 29 para. 46(5))

  2. F2

    Words in s. 173(3)(b) substituted (with effect in accordance with s. 153(4) of the amending Act) by Finance Act 2003 (c. 14), s. 153(1)(b)

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