Commentary

D2.329 Group capital gains—Transfers by election within a group

Corporate tax
Corporate tax | Commentary

D2.329 Group capital gains—Transfers by election within a group

Corporate tax | Commentary

D2.329 Group capital gains—Transfers by election within a group

It is possible for group companies to elect for a chargeable gain/loss to be transferred to another group company and offset against that other company's gains/losses1. Degrouping charges can be similarly reallocated under this provision.

The election to transfer a gain/loss can only be made provided:

  1.  

    (a)     a chargeable gain or allowable loss in respect of an asset accrues to A. If the gain is a ring fence chargeable gain (see D7.903)2 it is not possible to elect to transfer the ring fence chargeable gain from a company carrying on a ring fence trade to a company not carrying on a ring fence trade. This specific exclusion of ring fence gains prevents the transfer of a ring fence chargeable gain from a ring fence company to a non-ring fence company where the ring fence gain would not be subject to the supplementary charge, because the non-ring fence company did not fall within the scope of the supplementary charge

  2.  

    (b)     B is a member of the same group at

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