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Legislation
Corporation Tax Act 2009

Crossheading Continuity of treatment: transfer of loan at notional carrying value

  • Section 340 Group transfers and transfers of insurance business: transfer at notional carrying value
  • Section 341 Transferor using fair value accounting
  • Section 342 Issues of new securities on reorganisations: disposal at notional carrying value
  • Section 343 Receiving company using fair value accounting
  1. Continuity of treatment: transfer of loan at notional carrying value
  2. Receiving company using fair value accounting

Section 343 | Receiving company using fair value accounting

From legislation.gov.uk

(1)This section applies instead of section 342 if, in a case where that section would otherwise apply, the receiving company is regarded for the purposes of this section as using fair value accounting in respect of the loan relationship constituting or included in the original shares.

(2)The amount which is to be brought into account by the receiving company in respect of the exchange (“the disposal amount”) is the fair value of the asset representing the loan relationship as at the date when the exchange occurred, or of the rights under or interest in that relationship as at that date.

(3)For any accounting period in which company B is a party to the loan relationship, for the purpose of determining the credits and debits to be brought into account in respect of the relationship for the purposes of this Part, company B is treated as if it had acquired the asset representing the relationship for consideration of an amount equal to the disposal amount.

(4)Subsections (5) and (6) of section 341 apply for the purposes of this section as they apply for the purpose of that section, taking references in that section to the transferor as references to the receiving company.

(5)In this section “company B”, “original shares” and “receiving company” have the meaning given in section 339(7).

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