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Legislation
Corporation Tax Act 2009

Crossheading Reallocation of degrouping charge within group and recovery

  • Section 792 Reallocation of charge within group
  • Section 793 Further requirements about elections under section 792
  • Section 793A Effect of election under section 792
  • Section 794 Application of roll-over relief in relation to reallocated charge
  • Section 795 Recovery of charge from another group company or controlling director
  • Section 796 Interpretation of section 795
  • Section 797 Recovery under section 795: procedure etc
  • Section 798 Recovery under section 795: time limit
  1. Reallocation of degrouping charge within group and recovery
  2. Effect of election under section 792

Section 793A | Effect of election under section 792

From legislation.gov.uk

(1)This section applies if an election is made under section 792.

(2)If subsection (2) of section 793 applies to B the gain, or the part specified in the election, is treated as if it had accrued to B at the relevant time as a non-trading credit for the purposes of Chapter 6 (how credits and debits are given effect).

(3)If subsection (3) of section 793 applies to B the gain, or the part specified in the election, is treated—

(a)as if it had accrued to B at the relevant time as a non-trading credit for the purposes of Chapter 6, and

(b)as if it had accrued in respect of an asset held for the purposes of a permanent establishment of B in the United Kingdom.

(4)If subsection (3A) of section 793 applies to B the gain, or the part specified in the election, is treated for the purposes of Chapter 6 as if it had accrued to B at the relevant time as a credit in respect of an asset held for the purposes of B's trade of dealing in or developing UK land.

(5)If subsection (3B) of section 793 applies to B the gain, or the part specified in the election, is treated for the purposes of Chapter 6 as if it had accrued to B at the relevant time as a credit in respect of an asset held for the purposes of B's UK property business.

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