Section 561 Transfer or division of UK businessF9

United Kingdom

F1(1)

This section applies if and in so far as—

(a)

a qualifying company resident in one F2relevant state (“the transferor”) transfers the whole or part of a business carried on by it in the United Kingdom to one or more qualifying companies resident in one or more other F3relevant states (“the transferee” or “the transferees”),

(b)

section 140A of TCGA 1992 (transfer of assets treated as no-gain no-loss disposal) applies in relation to the transfer, and

(c)

immediately after the transfer the transferee (or one or more of the transferees)—

(i)

is resident in the United Kingdom, or

(ii)

carries on in the United Kingdom through a permanent establishment a business which consists of, or includes, the business or part of the business transferred.

(2)

If this section applies—

(a)

the transfer itself does not give rise to any allowances or charges under this Act, and

(b)

in relation to assets included in the transfer, anything done to or by F4the transferor before the transfer is to be treated after the transfer as having been done to or by F5the transferee (or each transferee).

(3)

If, for the purposes of subsection (2)(b), expenditure falls to be apportioned between assets included in the transfer and other assets, the apportionment is to be made in a just and reasonable manner.

(4)

In this section “ qualifying company ” means a body incorporated under the law of a F6relevant state.

F7(4A)

In this section “relevant state” means the United Kingdom or a member State.

(5)

If this section applies, F8section 948 of CTA 2010 (modified application of CAA 2001 in relation to trade transfers without a change of ownership) does not apply.

Annotations

Textual amendments

F1: S. 561(1) substituted (with effect in accordance with reg. 3(1) of the amending S.I.) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (S.I. 2007/3186), reg. 1(2), Sch. 1 para. 25(2) (as modified by S.I. 2008/1579, regs. 1(2), 4(1))
F2: Words in s. 561(1)(a) substituted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 10(5)(a)(i) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in s. 561(1)(a) substituted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 10(5)(a)(ii) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in s. 561(2)(b) substituted (with effect in accordance with reg. 3(1) of the amending S.I.) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (S.I. 2007/3186), reg. 1(2), Sch. 1 para. 25(3)(a) (as modified by S.I. 2008/1579, regs. 1(2), 4(1))
F5: Words in s. 561(2)(b) substituted (with effect in accordance with reg. 3(1) of the amending S.I.) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (S.I. 2007/3186), reg. 1(2), Sch. 1 para. 25(3)(b) (as modified by S.I. 2008/1579, regs. 1(2), 4(1))
F6: Words in s. 561(4) substituted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 10(5)(b) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F7: S. 561(4A) inserted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 10(5)(c) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in s. 561(5) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 360 (with Sch. 2)
F9: S. 561 heading substituted (with effect in accordance with reg. 3(1) of the amending S.I.) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (S.I. 2007/3186), reg. 1(2), Sch. 1 para. 25(4) (as modified by S.I. 2008/1579, regs. 1(2), 4(1))