Section 909 | Exceptions to charge under section 908

(1)Section 908 does not apply in the following cases.

(2)Case A is if the consideration is brought into account under section 462 of CAA 2001 (disposal values).

(3)Case B is if the consideration is dealt with in relation to the company receiving it as a trading receipt under section 177(2) (disposal of know-how if trade continues to be carried on).

(4)Case C is if the consideration is dealt with in relation to the person receiving it as a capital receipt for goodwill under section 178(2) (disposal of know-how as part of disposal of all or part of a trade).

(5)Case D is if the disposal of the know-how is by way of a sale and—

(a)the buyer is a body of persons over which the seller has control,

(b)the seller is a body of persons over which the buyer has control, or

(c)the buyer and the seller are both bodies of persons and another person has control over both of them.

(6)In subsection (5) “body of persons” includes a firm.