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Legislation
Corporation Tax Act 2010

Crossheading Effect of Chapter in relation to transfers to which it applies

  • Section 943A Disapplication of section 39
  • Section 944 Modified application of section 45
  • Section 944A Modified application of section 45A
  • Section 944B Modified application of section 45B
  • Section 944C Modified application of section 45F
  • Section 944D Modified application of section 303B
  • Section 944E Modified application of section 303D
  • Section 945 Cases in which predecessor retains more liabilities than assets
  • Section 946 Rules for determining “L”
  • Section 947 Rules for determining “A”
  • Section 948 Modified application of CAA 2001
  • Section 949 Dual resident investing companies
  • Section 950 Transfers of trades involving business of leasing plant or machinery
  1. Effect of Chapter in relation to transfers to which it applies
  2. Cases in which predecessor retains more liabilities than assets

Section 945 | Cases in which predecessor retains more liabilities than assets

From legislation.gov.uk

(1)This section applies if L exceeds A.

(2)“L” is the amount of the predecessor's liabilities so far as they—

(a)are outstanding immediately before the transfer of the transferred trade, and

(b)are not transferred to the successor on the transfer of the trade.

(3)“A” is the sum of the values of—

(a)the predecessor's assets immediately before the transfer of the transferred trade so far as they are not transferred to the successor on that transfer, and

(b)the consideration given to the predecessor by the successor in relation to the transfer of the transferred trade.

(4)The relief to be given to the successor as a result of sections 944 to 944E is limited to—

Formula

R-E

where—

R is the total amount of loss for which relief could be given to the successor as a result of sections 944 to 944E, ignoring this section, and

E is the amount by which L exceeds A.

(5)If R does not exceed E, no relief is to be given to the successor.

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