Section 121 Tax treated as chargeable in respect of relevant transactions

(1)

This Part applies, and any double taxation arrangements apply, as if the tax that would have been chargeable as mentioned in section 120(1) had been chargeable.

(2)

In calculating tax notionally chargeable under subsection (1), it is to be assumed—

(a)

that, to the extent permitted by the law of the F1... member State mentioned in section 120(1), losses arising on the relevant transfer are set against profits arising on it, and

(b)

that any relief available under that law is claimed.

(3)

In this section “the relevant transfer” means—

(a)

the transfer of assets or liabilities mentioned in section 120(5)(a) or (b),

(b)

the transfer of rights and liabilities mentioned in section 120(5)(c) or (d), or

(c)

the transfer of intangible fixed assets mentioned in section 120(5)(e) or (f).

Annotations

Textual amendments

F1: Word in s. 121(2)(a) omitted (31.12.2020) by virtue of The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 18(7) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 2

Modifications

C1: Pt. 2 modified by 1988 c. 1, Sch. 19ABA paras. 26-28 (as inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 34(3) (with Sch. 9 paras. 1-9, 22))
C2: Pt. 2 applied by 2010 c. 4, s. 269DL(6) (as inserted (with effect in accordance with Sch. 3 Pt. 3 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 3 para. 1)