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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. Rules for determining “A”

Section 947 | Rules for determining “A”

From legislation.gov.uk

(1)Subsections (2) to (4) apply for the purposes of section 945(3)(a) (determination of assets within “A”).

(2)An asset is to be ignored if—

(a)the predecessor was the predecessor on a previous application of this Chapter, and

(b)on that previous application of this Chapter the asset was apportioned under section 952 to a trade carried on by the company that was the successor on that application.

(3)The value of an asset is to be taken to be the price which it might reasonably be expected to have fetched on a sale in the open market immediately before the transfer of the transferred trade.

(4)If immediately before the transfer of a trade—

(a)the predecessor has relevant loan stock (as defined by section 946(8)) that is not included in L, and

(b)the stock is secured on an asset of the predecessor that is not transferred to the successor on the transfer of the trade,

the value of the asset is reduced by the amount of the liability.

(5)Subsection (6) applies for the purposes of section 945(3)(b) (determination of consideration within “A”).

(6)If the successor assumes a liability of the predecessor, that does not count as giving consideration.

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