Paragraph 82

United Kingdom

(1)

Where—

(a)

a company (“the company”) holds shares (“the existing holding”) in a company (“company A”),

(b)

there is a reconstruction or amalgamation affecting the existing holding,

(c)

immediately before the reconstruction or amalgamation, investment relief is attributable to the shares comprised in the existing holding, and

(d)

the shares comprised in the existing holding have been held by the company continuously from the time they were issued until the reconstruction or amalgamation,

sections 135 and 136 of the 1992 Act (F1share exchanges and company reconstructions) shall not apply in respect of the existing holding.

This is subject to paragraph 84 (no disposal on certain exchanges of shares).

(2)

Sub-paragraph (1)(a) applies only where the shares are held by the company in the same capacity.

(3)

For the purposes of sub-paragraph (1) a “reconstruction or amalgamation” means an issue by a company (“company B”) of shares in or debentures of that company in exchange for or in respect of shares in or debentures of company A.

Annotations

Textual amendments

F1: Words in Sch. 15 para. 82(1) substituted (24.7.2002 with effect as mentioned in Sch.9 para.7(1) of the amending Act) by 2002 c. 23, s. 45, Sch. 9 para. 6(3)