Section 823 Interpretation of sections 821 and 822

United Kingdom

(1)

This section applies for the interpretation of sections 821 and 822 and this section.

F1(1A)

“Relevant state” means the United Kingdom or a member State.

(2)

“Transferor” means—

(a)

in relation to a merger within section 821(2)(a), a company merging to form the SE,

(b)

in relation to a merger within section 821(2)(b), a co-operative society merging to form the SCE, and

(c)

in relation to a merger within section 821(2)(c) or (d), each company transferring all its assets and liabilities.

(3)

“Transferee” means—

(a)

in relation to a merger within section 821(2)(a), the SE,

(b)

in relation to a merger within section 821(2)(b), the SCE, and

(c)

in relation to a merger within section 821(2)(c) or (d), the company to which assets and liabilities are transferred.

(4)

“Transparent entity” has the meaning given in section 820(4).

(5)

References to a company are references to any entity listed as a company in F2Part A of Annex I to the Mergers Directive.

(6)

In section 821 and this section “co-operative society” means a society registered under F3the Co-operative and Community Benefit Societies Act 2014 or a similar society governed by the law of a member State F4....

Annotations

Textual amendments

F1: S. 823(1A) inserted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 16(20)(a) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in s. 823(5) substituted (1.7.2011) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2011 (S.I. 2011/1431), regs. 1(2), 4(7)
F3: Words in Act substituted (1.8.2014) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 142 (with Sch. 5)
F4: Words in s. 823(6) omitted (31.12.2020) by virtue of The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 16(20)(b) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 8

Modifications

C1: Pt. 8 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 6(1)
C2: Pt. 8 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)
C3: Pt. 8 modified (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 2 para. 6(1); S.I. 2011/2329, art. 3
C4: Pt. 8 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 1(3); S.I. 2012/628, art. 3(b)
C5: Pt. 8 modified (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 3(1); S.I. 2011/2576, art. 5
C6: Pt. 8 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)
C7: Pt. 8 modified (6.4.2020) by Finance Act 2019 (c. 1), Sch. 5 paras. 35, 45 (with Sch. 5 para. 36)