The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007

(12H) (1) This paragraph applies in relation to a transfer of a business, or a part of a business, where— (a) the transfer is of a kind to which paragraph 12D(1) or (2) applies (or to which either of those provisions would apply if the business, or the part of the business, transferred were carried on by the transferor in the United Kingdom and one of the conditions mentioned in paragraph 12D(1)(d) were satisfied in relation to the transferee, or each of the transferees), and (b) either the transferor or the transferee, or one of the transferees, is a transparent entity. (2) Where this paragraph applies— (a) if the transferor is a transparent entity, paragraphs 12D(3) and 12G(6) do not apply in relation to the transfer; (b) if a transferee is a transparent entity, paragraph 12G(6) does not apply in relation to the transfer to it. (3) If, as a result of a transfer to which this paragraph applies, a transfer profit would, but for the Mergers Directive, have been chargeable to tax under the law of a member State other than the United Kingdom, Part 18 of the Taxes Act 1988 (double taxation relief), including any arrangements having effect by virtue of section 788 of that Act (bilateral relief), shall apply as if that tax, calculated in accordance with sub-paragraph (5), had been chargeable. (4) In sub-paragraph (3) “transfer profit” means a profit accruing to a transparent entity in respect of a loan relationship (or which would be treated as accruing to that entity were it not transparent) by reason of a transfer of assets by the transparent entity to the transferee. (5) Tax is calculated in accordance with this subsection if— (a) so far as permitted under the law of the relevant member State, losses arising on the transfer are set against profits arising on the transfer, and (b) any relief available under that law has been claimed. (12I) (1) This paragraph applies in relation to a merger if— (a) the merger is of a kind to which paragraph 12B(1) applies, (b) the conditions in paragraph 12B(2) are satisfied in relation to the merger, and (c) one or more of the merging companies is a transparent entity. (2) Where this paragraph applies— (a) if the assets and liabilities of a transparent entity are transferred to another company by reason of the merger, paragraphs 12B(3) and 12G(6) shall not apply; (b) if the assets and liabilities of one or more other companies are transferred to a transparent entity by reason of the merger, paragraph 12G(6) shall not apply in relation to shares or debentures issued by the transparent entity. (3) If, as a result of a merger in relation to which this paragraph applies, a merger profit would, but for the Mergers Directive, have been chargeable to tax under the law of a member State other than the United Kingdom, Part 18 of the Taxes Act 1988 (double taxation relief), including any arrangements having effect by virtue of section 788 of that Act (bilateral relief), shall apply as if that tax, calculated in accordance with sub-paragraph (5), had been chargeable. (4) In sub-paragraph (3) “merger profit” means a profit in respect of a loan relationship accruing to a transparent entity (or which would be treated as accruing to that entity were it not transparent) by reason of the transfer of assets by the transparent entity to another company on the merger. (5) Tax is calculated in accordance with this sub-paragraph if— (a) so far as is permitted under the law of the relevant member State, losses arising on the transfer are set against profits arising on the transfer, and (b) any relief available under that law has been claimed. (12J) (1) In paragraphs 12B to 12I, unless the contrary intention appears— (a) “the Mergers Directive” means Council Directive 90/434/ EEC of 23rd July 1990 on mergers, transfers &c., (b) “company” (except in paragraph 12B) means an entity listed as a company in the Annex to the Mergers Directive, and (c) “transparent entity” means an entity which is resident in a member State other than the United Kingdom and is listed as a company in the Annex to the Mergers Directive, but which does not have an ordinary share capital (within the meaning given by section 832 of the Taxes Act). (2) For the purposes of those paragraphs and sub-paragraph (1) above, a company is resident in a member State if— (a) it is within a charge to tax under the law of the State as being resident for that purpose, and (b) it is not regarded, for the purpose of any double taxation relief arrangements to which the State is a party, as resident in a territory not within a member State.

PART 3 — AMENDMENTS OF FA 2002

Derivative contracts

3

FA 2002 is amended as follows.

4

After paragraph 30F of Schedule 26 (European cross-border mergers) (inserted by paragraph 19 of Schedule 1) insert—

(30G) (1) This paragraph applies in relation to a transfer of a business, or a part of a business, where— (a) the transfer is of a kind to which paragraph 30D(1) or (2) applies (or to which either of those provisions would apply if the business, or the part of the business, transferred were carried on by the transferor in the United Kingdom and one of the conditions mentioned in paragraph 30D(1)d) were satisfied in relation to the transferee, or each of the transferees), and (b) the transferor is a transparent entity. (2) Where this paragraph applies paragraph 30D(3) does not apply in relation to the transfer. (3) If, as a result of a transfer to which this paragraph applies, a transfer profit would, but for the Mergers Directive, have been chargeable to tax under the law of a member State other than the United Kingdom, Part 18 of the Taxes Act 1988 (double taxation relief), including any arrangements having effect by virtue of section 788 of that Act (bilateral relief), shall apply as if that tax, calculated in accordance with sub-paragraph (5), had been chargeable. (4) In sub-paragraph (3) “transfer profit” means a profit accruing to a transparent entity in respect of a derivative contract (or which would be treated as accruing to that entity were it not transparent) by reason of the transfer of assets by the transparent entity to the transferee. (5) Tax is calculated in accordance with this sub-paragraph if— (a) so far as permitted under the law of the relevant member State, losses arising on the transfer are set against profits arising on the transfer, and (b) any relief available under that law has been claimed. (30H) (1) This paragraph applies in relation to a merger if— (a) the merger is of a kind to which paragraph 30B(1) applies, (b) the conditions in paragraph 30B(2) are satisfied in relation to the merger, and (c) one or more of the merging companies is a transparent entity. (2) Where this paragraph applies, if the assets and liabilities of a transparent entity are transferred to another company by reason of the merger, paragraph 30B(3) shall not apply. (3) If, as a result of a merger in relation to which this paragraph applies, a merger profit would, but for the Mergers Directive, have been chargeable to tax under the law of a member State other than the United Kingdom, Part 18 of the Taxes Act 1988 (double taxation relief), including any arrangements having effect by virtue of section 788 of that Act (bilateral relief), shall apply as if that tax, calculated in accordance with sub-paragraph (5), had been chargeable. (4) In sub-paragraph (3) “merger profit” means a profit in respect of a derivative contract accruing to a transparent entity (or which would be treated as accruing to that entity were it not transparent) by reason of the transfer of assets by the transparent entity to another company on the merger. (5) Tax is calculated in accordance with this sub-paragraph if— (a) so far as is permitted under the law of the relevant member State, losses arising on the transfer are set against profits arising on the transfer, and (b) any relief available under that law has been claimed. (30I) (1) In paragraphs 30A to 30H, unless the contrary intention appears— (a) “the Mergers Directive” means Council Directive 90/434/ EEC of 23rd July 1990 on mergers, transfers &c., (b) “company” (except in paragraph 30B) means an entity listed as a company in the Annex to the Mergers Directive, and (c) “transparent entity” means an entity which is resident in a member State other than the United Kingdom and is listed as a company in the Annex to the Mergers Directive, but which does not have an ordinary share capital (within the meaning given by section 832 of the Taxes Act). (2) For the purposes of those paragraphs and sub-paragraph (1) above, a company is resident in a member State if— (a) it is within a charge to tax under the law of the State as being resident for that purpose, and (b) it is not regarded, for the purpose of any double taxation relief arrangements to which the State is a party, as resident in a territory not within a member State.

Intangible assets

5

After paragraph 85A of Schedule 29 (European cross-border mergers) (inserted by paragraph 12 Schedule 2) insert—

(85B) (1) This paragraph applies in relation to a transfer of a business, or a part of a business, where— (a) the transfer is of a kind to which paragraph 85(1) or (1A) applies (or to which either of those provisions would apply if the business, or the part of the business, transferred were carried on by the transferor in the United Kingdom), and (b) the transferor is a transparent entity. (2) Where this paragraph applies paragraph 85(2) does not apply in relation to the transfer. (3) If, as a result of a transfer to which this paragraph applies, a transfer profit would, but for the Mergers Directive, have been chargeable to tax under the law of a member State other than the United Kingdom, Part 18 of the Taxes Act 1988 (double taxation relief), including any arrangements having effect by virtue of section 788 of that Act (bilateral relief), shall apply as if that tax, calculated in accordance with sub-paragraph (5), had been chargeable. (4) In sub-paragraph (3) “transfer profit” means a profit which would be treated as accruing to a transparent entity in respect of an intangible fixed asset were it not transparent, by reason of the transfer of assets by the transparent entity. (5) Tax is calculated in accordance with this sub-paragraph if— (a) so far as permitted under the law of the relevant member State, losses arising on the transfer are set against profits arising on the transfer, and (b) any relief available under that law has been claimed. (85C) (1) This paragraph applies in relation to a merger if— (a) the merger is of a kind to which paragraph 85A(1) applies, (b) the conditions in paragraph 85A(2) are satisfied in relation to it, (c) one or more of the merging companies is a transparent entity. (2) Where this paragraph applies, if the assets and liabilities of a transparent entity are transferred to another company by reason of the merger, paragraph 85A(3) shall not apply. (3) If, as a result of a merger in relation to which this paragraph applies, a merger profit would, but for the Mergers Directive, have been chargeable to tax under the law of a member State other than the United Kingdom, Part 18 of the Taxes Act 1988 (double taxation relief), including any arrangements having effect by virtue of section 788 of that Act (bilateral relief), shall apply as if that tax, calculated in accordance with sub-paragraph (5), had been chargeable. (4) In sub-paragraph (3) “merger profit” means a profit which would be treated as accruing to a transparent entity in respect of an intangible fixed asset were it not transparent, by reason of the transfer of assets by the transparent entity on the merger. (5) Tax is calculated in accordance with this sub-paragraph if— (a) so far as is permitted under the law of the relevant member State, losses arising on the transfer are set against profits arising on the transfer, and (b) any relief available under that law has been claimed. (85D) (1) In paragraphs 85B and 85C— (a) “the Mergers Directive” means Council Directive 90/434/ EEC of 23rd July 1990 on mergers, transfers &c., (b) “company” means an entity listed as a company in the Annex to the Mergers Directive, and (c) “transparent entity” means an entity which is resident in a member State other than the United Kingdom and is listed as a company in the Annex to the Mergers Directive, but which does not have an ordinary share capital (within the meaning given by section 832 of the Taxes Act). (2) For the purposes of those paragraphs and sub-paragraph (1) above, a company is resident in a member State if— (a) it is within a charge to tax under the law of the State as being resident for that purpose, and (b) it is not regarded, for the purpose of any double taxation relief arrangements to which the State is a party, as resident in a territory not within a member State.

Signed

Dave Watts — Frank Roy — Two of the Lords Commissioners of Her Majesty's Treasury — 2007-11-08

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2007 c. 11.

[^f00002]: 1992 c.12.

[^f00003]: 1988 c. 1.

[^f00004]: 2001 c. 2.

[^f00005]: 1988 c. 39.

[^f00006]: 1996 c. 8.

[^f00007]: 2002 c. 23.

[^f00008]: Sections 140A and 140B were inserted by section 44 of the Finance (No. 2) Act 1992 (c. 48).

[^f00009]: 2006 c. 46.

[^f00010]: Sections 140C and 140D were inserted by section 45 of the Finance (No. 2) Act 1992.

[^f00011]: Sections 140A(1A) and 140C(1A) are inserted by paragraph 2 of Schedule 2 to these Regulations.

[^f00012]: Section 140(6A) was inserted by section 46(1) of the Finance (No. 2) Act 1992.

[^f00013]: Section 140E is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^f00014]: Subsections (1) and (1A) of section 179 were substituted by paragraph 4(2) of Schedule 29 to the Finance Act 2000 (c. 17).

[^f00015]: Section 116(8A) was inserted by paragraph 60(3) of Schedule 14 to the Finance Act 1996. The subsection was amended, and section 116(8B) was inserted, by paragraph 8 of Schedule 6 to the Finance (No. 2) Act 2005 (c. 22).

[^f00016]: 1988 c. 1.

[^f00017]: Section 209(1) was amended by section 40 of the Finance Act 2000.

[^f00018]: Section 140F is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^f00019]: 1996 c. 8.

[^f00020]: Section 11 was amended by section 98 of the Finance Act 1990 (c. 29), Schedule 23 to the Finance Act 1993 (c. 34), section 165 of the Finance Act 1998 (c. 36) and section 149 of the Finance Act 2003 (c. 14).

[^f00021]: Paragraph 12(2A) was inserted by paragraph 29 of Schedule 25 to the Finance Act 2002.

[^f00022]: Section 788 was amended by paragraphs 1 and 2 of Schedule 30 to the Finance Act 2000, section 88 of the Finance Act 2002, section 198 of the Finance Act 2003, section 882 of, and Schedule 1 to, the Income Tax (Trading and Other Income) Act 2005 (c. 5) and section 178 of the Finance Act 2006.

[^f00023]: 1992 c. 12.

[^f00024]: Section 132(3) was inserted by section 88 of the Finance Act 1997.

[^f00025]: Section 135 was substituted by paragraph 7 of Schedule 9 to the Finance Act 2002.

[^f00026]: Paragraph 12(2A) was inserted by paragraph 29 of Schedule 25 to the Finance Act 2002.

[^f00027]: Paragraph 12A of Schedule 9 was inserted by paragraph 18(1) of Schedule 7 to the Finance (No. 2) Act 2005.

[^f00028]: Paragraph 12B was inserted by section 54 of the Finance (No. 2) Act 2005.

[^f00029]: Section 213A is inserted by paragraph 13 of Schedule 1 to these Regulations.

[^f00030]: 2002 c. 23.

[^f00031]: 2006 c. 46.

[^f00032]: Paragraph 28(3) was inserted by paragraph 22 of Schedule 7 to the Finance (No. 2) Act 2005.

[^f00033]: Paragraph 30 was substituted by section 179(4) of the Finance Act 2003 and was amended by paragraph 23 of Schedule 6 to the Finance Act 2006.

[^f00034]: Paragraph 30A was inserted by paragraph 24(1) of Schedule 7 to the Finance (No. 2) Act 2005.

[^f00035]: Paragraph 87(1) was amended by section 153 of the Finance Act 1993.

[^f00036]: Paragraph 127(1)(b)(iii) was inserted by section 59(6) of the Finance (No. 2) Act 2005.

[^f00037]: 2001 c. 2.

[^f00038]: Section 140A was inserted by section 44 of the Finance (No. 2) Act 1992.

[^f00039]: 1992 c. 12.

[^f00040]: Sections 140E to 140G were inserted by section 51(1) of the Finance (No. 2) Act 2005.

[^f00041]: OJ L 294, 10.11.2001 p1.

[^f00042]: 1965 c. 12.

[^f00043]: OJ L 207, 18.8.2003 p1.

[^f00044]: 2006 c. 46.

[^f00045]: 1986 c. 45. Section 247 was amended by paragraph 9 of Schedule 17 to the Enterprise Act 2002 (c. 40).

[^f00046]: 1965 c. 55.

[^f00047]: Section 815A was inserted by section 50 of the Finance (No. 2) Act 1992 and was amended by section 134 of the Finance Act 1996, section 153 of the Finance Act 2003 and section 59 of the Finance (No. 2) Act 2005.

[^f00048]: Section 136 was substituted by paragraph 2 of Schedule 9 to the Finance Act 2002.

[^f00049]: Section 122 was amended by section 134 of, and paragraph 52 of Schedule 20, to the Finance Act 1996.

[^f00050]: Section 140(6B) was inserted by section 64(2) of the Finance (No. 2) Act 2005.

[^f00051]: Subsections (2A) and (2B) of section 154 were inserted by section 64(3) of the Finance (No. 2) Act 2005.

[^f00052]: Section 175 was amended by section 251 of the Finance Act 1994, and section 48 of the Finance Act 1995.

[^f00053]: Subsections (1B) and (1C) of section 179 were inserted by section 51(1) of the Finance (No. 2) Act 2005.

[^f00054]: 1996 c. 8; paragraph 12B was inserted by section 85(1) of the Finance (No. 2) Act 2005.

[^f00055]: OJ L 294, 10.11.2001 p1.

[^f00056]: 1965 c. 12.

[^f00057]: OJ L 207, 18.8.2003 p 1.

[^f00058]: Section 11 was amended by section 98 of the Finance Act 1990 (c. 29), Schedule 23 to the Finance Act 1993 (c. 34), section 165 of the Finance Act 1998 (c. 36) and section 149 to the Finance Act 2003 (c. 14).

[^f00059]: 2006 c. 46.

[^f00060]: Paragraph (2A) was inserted by section 82 of the Finance Act 2002.

[^f00061]: Section 788 was amended by paragraphs 1 and 2 of Schedule 30 to the Finance Act 2000, section 88 of the Finance Act 2002, section 198 of the Finance Act 2003, section 882 of the Income Tax (Trading and Other Income) Act 2005 and sections 176 and 178 of the Finance Act 2006.

[^f00062]: 2002 c. 23.

[^f00063]: Paragraph 30B was inserted by section 55 of the Finance (No. 2) Act 2005.

[^f00064]: OJ L 294, 10.11.2001 p1.

[^f00065]: 1965 c. 12.

[^f00066]: OJ L 207, 18.8.2003 p1.

[^f00067]: 2006 c. 46.

[^f00068]: Paragraph 85A was inserted by section 52 of the Finance (No. 2) Act 2005.

[^f00069]: 1986 c.46.

[^f00070]: 1986 c. 46.

[^f00071]: Paragraph 87A was inserted by section 53 of the Finance (No. 2) Act 2005.

[^f00072]: Paragraph 88 was amended by section 59(5) of the Finance (No. 2) Act 2005.

[^f00073]: Section 516A was inserted by section 56 of the Finance (No. 2) Act 2005.

[^f00074]: Section 140E is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^f00075]: 1988 c. 1.

[^f00076]: Section 66A was inserted by section 60(1) of the Finance (No. 2) Act 2005.

[^f00077]: 1965 c. 12.

[^f00078]: 1969 c. 24.

[^f00079]: OJ L 207, 18.8.2003. p1.

[^f00080]: Section 135 was substituted by paragraph 7 of Schedule 9 to the Finance 2002.

[^f00081]: Section 788 has been amended by paragraphs 1 and 2 of Schedule 30 to the Finance Act 2000, section 88 of the Finance Act 2002, section 198 of Finance Act 2003, section 882 of Income Tax (Trading and Other Income) Act 2005 and sections 176 and 178 of the Finance Act 2006.

[^f00082]: Section 140A was inserted by section 44 of the Finance (No. 2) Act 1992.

[^f00083]: Section 140A(1A) is inserted by paragraph 2 of Schedule 1 to these Regulations.

[^f00084]: Section 140DA is inserted by paragraph 6 of Schedule 1 to these Regulations.

[^f00085]: Section 140G is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^f00086]: OJ No L 58, 4.3.2005 p.19.

[^f00087]: Paragraphs 12D to 12G are inserted by paragraph 16 of Schedule 1 to these Regulations.

[^f00088]: Paragraph 12B was inserted by section 54 of the Finance (No. 2) Act 2005.

[^f00089]: 2002 c 23.

[^f00090]: Paragraphs 30D to 30F were inserted by paragraph 19 of Schedule 1 to these Regulations.

[^f00091]: Paragraph 30A was inserted by paragraph 24 of Schedule 7 to the Finance (No. 2) Act 2005. Paragraphs 30B and 30C are inserted by paragraph 11 of Schedule 2 to these Regulations.

[^f00092]: Paragraph 85(1A) was inserted by paragraph 21 of Schedule 1 to these Regulations.

Editorial notes

[^c18985691]: 2007 c. 11.

[^c18985711]: 1992 c.12.

[^c18985721]: 1988 c. 1.

[^c18985731]: 2001 c. 2.

[^c18985741]: 1988 c. 39.

[^c18985751]: 1996 c. 8.

[^c18985761]: 2002 c. 23.

[^c18985771]: Sections 140A and 140B were inserted by section 44 of the Finance (No. 2) Act 1992 (c. 48).

[^c18985781]: 2006 c. 46.

[^c18985791]: Sections 140C and 140D were inserted by section 45 of the Finance (No. 2) Act 1992.

[^c18985801]: Sections 140A(1A) and 140C(1A) are inserted by paragraph 2 of Schedule 2 to these Regulations.

[^c18985811]: Section 140(6A) was inserted by section 46(1) of the Finance (No. 2) Act 1992.

[^c18985821]: Section 140E is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^c18985831]: Subsections (1) and (1A) of section 179 were substituted by paragraph 4(2) of Schedule 29 to the Finance Act 2000 (c. 17).

[^c18985851]: 1988 c. 1.

[^c18985861]: Section 209(1) was amended by section 40 of the Finance Act 2000.

[^c18985871]: Section 140F is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^c18985881]: 1996 c. 8.

[^c18985891]: Section 11 was amended by section 98 of the Finance Act 1990 (c. 29), Schedule 23 to the Finance Act 1993 (c. 34), section 165 of the Finance Act 1998 (c. 36) and section 149 of the Finance Act 2003 (c. 14).

[^c18985901]: Paragraph 12(2A) was inserted by paragraph 29 of Schedule 25 to the Finance Act 2002.

[^c18985911]: Section 788 was amended by paragraphs 1 and 2 of Schedule 30 to the Finance Act 2000, section 88 of the Finance Act 2002, section 198 of the Finance Act 2003, section 882 of, and Schedule 1 to, the Income Tax (Trading and Other Income) Act 2005 (c. 5) and section 178 of the Finance Act 2006.

[^c18985921]: 1992 c. 12.

[^c18985931]: Section 132(3) was inserted by section 88 of the Finance Act 1997.

[^c18985941]: Section 135 was substituted by paragraph 7 of Schedule 9 to the Finance Act 2002.

[^c18985951]: Paragraph 12(2A) was inserted by paragraph 29 of Schedule 25 to the Finance Act 2002.

[^c18985961]: Paragraph 12A of Schedule 9 was inserted by paragraph 18(1) of Schedule 7 to the Finance (No. 2) Act 2005.

[^c18985971]: Paragraph 12B was inserted by section 54 of the Finance (No. 2) Act 2005.

[^c18985981]: Section 213A is inserted by paragraph 13 of Schedule 1 to these Regulations.

[^c18985991]: 2002 c. 23.

[^c18986001]: 2006 c. 46.

[^c18986011]: Paragraph 28(3) was inserted by paragraph 22 of Schedule 7 to the Finance (No. 2) Act 2005.

[^c18986021]: Paragraph 30 was substituted by section 179(4) of the Finance Act 2003 and was amended by paragraph 23 of Schedule 6 to the Finance Act 2006.

[^c18986031]: Paragraph 30A was inserted by paragraph 24(1) of Schedule 7 to the Finance (No. 2) Act 2005.

[^c18986041]: Paragraph 87(1) was amended by section 153 of the Finance Act 1993.

[^c18986051]: Paragraph 127(1)(b)(iii) was inserted by section 59(6) of the Finance (No. 2) Act 2005.

[^c18986061]: 2001 c. 2.

[^c18986071]: Section 140A was inserted by section 44 of the Finance (No. 2) Act 1992.

[^c18986081]: 1992 c. 12.

[^c18986091]: Sections 140E to 140G were inserted by section 51(1) of the Finance (No. 2) Act 2005.

[^c18986101]: OJ L 294, 10.11.2001 p1.

[^c18986111]: 1965 c. 12.

[^c18986121]: OJ L 207, 18.8.2003 p1.

[^c18986131]: 2006 c. 46.

[^c18986141]: 1986 c. 45. Section 247 was amended by paragraph 9 of Schedule 17 to the Enterprise Act 2002 (c. 40).

[^c18986151]: 1965 c. 55.

[^c18986161]: Section 815A was inserted by section 50 of the Finance (No. 2) Act 1992 and was amended by section 134 of the Finance Act 1996, section 153 of the Finance Act 2003 and section 59 of the Finance (No. 2) Act 2005.

[^c18986171]: Section 136 was substituted by paragraph 2 of Schedule 9 to the Finance Act 2002.

[^c18986181]: Section 122 was amended by section 134 of, and paragraph 52 of Schedule 20, to the Finance Act 1996.

[^c18986191]: Section 140(6B) was inserted by section 64(2) of the Finance (No. 2) Act 2005.

[^c18986201]: Subsections (2A) and (2B) of section 154 were inserted by section 64(3) of the Finance (No. 2) Act 2005.

[^c18986211]: Section 175 was amended by section 251 of the Finance Act 1994, and section 48 of the Finance Act 1995.

[^c18986221]: Subsections (1B) and (1C) of section 179 were inserted by section 51(1) of the Finance (No. 2) Act 2005.

[^c18986231]: 1996 c. 8; paragraph 12B was inserted by section 85(1) of the Finance (No. 2) Act 2005.

[^c18986241]: OJ L 294, 10.11.2001 p1.

[^c18986251]: 1965 c. 12.

[^c18986261]: OJ L 207, 18.8.2003 p 1.

[^c18986271]: Section 11 was amended by section 98 of the Finance Act 1990 (c. 29), Schedule 23 to the Finance Act 1993 (c. 34), section 165 of the Finance Act 1998 (c. 36) and section 149 to the Finance Act 2003 (c. 14).

[^c18986281]: 2006 c. 46.

[^c18986291]: Paragraph (2A) was inserted by section 82 of the Finance Act 2002.

[^c18986301]: Section 788 was amended by paragraphs 1 and 2 of Schedule 30 to the Finance Act 2000, section 88 of the Finance Act 2002, section 198 of the Finance Act 2003, section 882 of the Income Tax (Trading and Other Income) Act 2005 and sections 176 and 178 of the Finance Act 2006.

[^c18986311]: 2002 c. 23.

[^c18986321]: Paragraph 30B was inserted by section 55 of the Finance (No. 2) Act 2005.

[^c18986331]: OJ L 294, 10.11.2001 p1.

[^c18986341]: 1965 c. 12.

[^c18986351]: OJ L 207, 18.8.2003 p1.

[^c18986361]: 2006 c. 46.

[^c18986371]: Paragraph 85A was inserted by section 52 of the Finance (No. 2) Act 2005.

[^c18986381]: 1986 c.46.

[^c18986391]: 1986 c. 46.

[^c18986401]: Paragraph 87A was inserted by section 53 of the Finance (No. 2) Act 2005.

[^c18986411]: Paragraph 88 was amended by section 59(5) of the Finance (No. 2) Act 2005.

[^c18986421]: Section 516A was inserted by section 56 of the Finance (No. 2) Act 2005.

[^c18986431]: Section 140E is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^c18986441]: 1988 c. 1.

[^c18986451]: Section 66A was inserted by section 60(1) of the Finance (No. 2) Act 2005.

[^c18986461]: 1965 c. 12.

[^c18986471]: 1969 c. 24.

[^c18986481]: OJ L 207, 18.8.2003. p1.

[^c18986491]: Section 135 was substituted by paragraph 7 of Schedule 9 to the Finance 2002.

[^c18986501]: Section 788 has been amended by paragraphs 1 and 2 of Schedule 30 to the Finance Act 2000, section 88 of the Finance Act 2002, section 198 of Finance Act 2003, section 882 of Income Tax (Trading and Other Income) Act 2005 and sections 176 and 178 of the Finance Act 2006.

[^c18986511]: Section 140A was inserted by section 44 of the Finance (No. 2) Act 1992.

[^c18986521]: Section 140A(1A) is inserted by paragraph 2 of Schedule 1 to these Regulations.

[^c18986531]: Section 140DA is inserted by paragraph 6 of Schedule 1 to these Regulations.

[^c18986541]: Section 140G is inserted by paragraph 2 of Schedule 2 to these Regulations.

[^c18986551]: OJ No L 58, 4.3.2005 p.19.

[^c18986561]: Paragraphs 12D to 12G are inserted by paragraph 16 of Schedule 1 to these Regulations.

[^c18986571]: Paragraph 12B was inserted by section 54 of the Finance (No. 2) Act 2005.

[^c18986581]: 2002 c 23.

[^c18986591]: Paragraphs 30D to 30F were inserted by paragraph 19 of Schedule 1 to these Regulations.

[^c18986601]: Paragraph 30A was inserted by paragraph 24 of Schedule 7 to the Finance (No. 2) Act 2005. Paragraphs 30B and 30C are inserted by paragraph 11 of Schedule 2 to these Regulations.

[^c18986611]: Paragraph 85(1A) was inserted by paragraph 21 of Schedule 1 to these Regulations.

[^key-0a81bc7652b547e84510d6f16bffbb01]: Reg. 3(1)(3) modified (retrospective to 29.11.2007) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2008 (S.I. 2008/1579), regs. 1(2), 4

[^key-d5ca874e69e2350b37c2a749820e9650]: Sch. 1 modified (retrospective to 29.11.2007) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2008 (S.I. 2008/1579), regs. 1(2), 4

[^key-f2daeb2fe7d00e95e7adbdc1d7f4edb6]: Sch. 3 modified (retrospective to 29.11.2007) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2008 (S.I. 2008/1579), regs. 1(2), 4

[^key-0f3f631b5b5c57314ea6178d3313c49a]: Sch. 1 para. 10 revoked (retrospective to 29.11.2007) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2008 (S.I. 2008/1579), regs. 1(2), 5