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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. Application of roll-over relief in relation to reallocated charge

Section 794 | Application of roll-over relief in relation to reallocated charge

From legislation.gov.uk

(1)This section applies where an election has been made under section 792 for the purpose of enabling B to make a claim under Chapter 7 (roll-over relief on realisation and reinvestment).

(2)Chapter 7 applies as if the realisation of the asset treated as occurring under section 780 or 785 had been by B, and not A.

(3)The conditions in section 755 (conditions relating to the old asset) are treated as met in relation to the asset if they would have been met if there had been no election and A had made the claim.

(4)The proceeds of realisation and the cost of the old asset recognised for tax purposes are what they would have been if there had been no election and A had made the claim.

(5)If the election relates to only part of the gain on the realisation of an asset treated as occurring under section 780 or 785, Chapter 7 and this section apply as if the realisation treated as occurring had been of a separate asset representing a corresponding part of the asset.

(6)If subsection (5) applies, any necessary apportionments must be made accordingly.

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