Section 879K — Corporation Tax Act 2009: Restrictions on debits: acquisition from individual or firm

Restrictions on debits: acquisition from individual or firm 879K 1 This section applies in respect of a relevant asset of a company if—

a the company acquires the asset on or after 1 April 2019 directly or indirectly from an individual or firm (“ the transferor ”),

b the related party condition is met, and c the third party acquisition condition is not met.

2 The related party condition is met if—

a in a case where the transferor is an individual, the transferor is a related party in relation to the company at the time of the acquisition;

b in a case where the transferor is a firm, any individual who is a member of the transferor is a related party in relation to the company at that time.

3 The third party acquisition condition is met if—

a in a case where the relevant asset is goodwill—

i the transferor acquired all or part of the relevant business in one or more third party acquisitions as part of which the transferor acquired goodwill, and ii the relevant asset is acquired by the company as part of an acquisition of all the relevant business;

b in a case where the relevant asset is not goodwill—

i the transferor acquired the relevant asset in a third party acquisition, and ii the relevant asset is acquired by the company as part of an acquisition of all the relevant business.

4 No debits in respect of the asset are to be brought into account by the company for tax purposes under Chapter 3 (debits in respect of intangible fixed assets) or Chapter 15 (adjustments on change of accounting policy).

5 Any debit in respect of the asset that is brought into account by the company for tax purposes under Chapter 4 (realisation of intangible fixed assets) is treated for the purposes of Chapter 6 as a non-trading debit.