Section 97 Transfers within group, etc.C1

United Kingdom

(1)

Where a close company (“the transferor company”) is a member, but not the principal F1company, of a group and—

F2(a)

there is—

(i)

a disposal of an asset by the transferor company, which is a disposal to which section 171(1) of the 1992 Act applies, or

(ii)

by virtue of an election under section 171A(2) of that Act, a deemed transfer by the transferor company to another member of the group,F3 F4. . .

(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa)

the disposal is also, or F5the election gives rise to, a transfer of value, and

(b)

the transfer of value has only a small effect on the value of the minority participators’ rights and interests in that company compared with its effect on the value of the other participators’ rights and interests in the company,

the rights and interests of the minority participators shall be left out of account in determining the respective rights and interests of the transferor company’s participators for the purpose of apportioning the value transferred under section 94 above.

(2)

For the purposes of subsection (1) above—

(a)

F6Section F7170 of the 1992 Act (groups of companies: definitions) applies as for the purposes of sections 171 to 181 of that Act, and

(b)

a minority participator is a participator of the transferor company who is not, and is not a person connected with, a participator of the principal F8company of the group or of any of the principal company’s participators;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Annotations

Textual amendments

F1

Finance Act 1989 s. 138(6)(a),with effect from 14March 1989.Originally

“member”.

F2

S. 97(1)(a)(aa) substituted for para. (a) (11.5.2001 with effect as mentioned in s. 106(3) of the amending Act) by 2001 c. 9, s. 106

F3

S. 97(1)(a)(iii) and preceding word inserted (24.7.2002 with application as mentioned in s. 42(4) of the amending Act) by 2002 c. 23, s. 42(3)(a)

F4

S. 97(1)(a)(iii) and preceding word repealed (with effect as mentioned in Sch. 10 para. 9 of the amending Act) by Finance Act 2011 (c. 11), s. 65, Sch. 10 para. 8(a)

F5

Words in s. 97(1)(aa) substituted (24.7.2002 with application as mentioned in s. 42(4) of the amending Act) by 2002 c. 23, s. 42(3)(b)

F6

Finance Act 1989 s. 138(6)(b),with effect from 14March 1989.Originally

“the principal member of a group is the member of which all the other members are 75 per cent subsidiaries”.

F7

Words in s. 97 substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 8(4)(b) (with ss. 60, 101(1), 201(3)).

F8

Finance Act 1989 s. 138(6)(a),with effect from 14March 1989.Originally

“member”

and

“member's”

respectively.

F9

Repealed by Finance Act 1989 s. 138(6)(c)and Sch.17 Part VII,with effect from 14March 1989.

Modifications

C1: S. 97 amended (28.7.2000 with effect on or after 1.4.2000) by 2000 c. 17, s. 102, Sch. 29 paras. 1, 14

Notes on the whole Act

Textual amendments

F1: By Finance Act 1986 s. 100(1), on and after 25 July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984.