Section 74 — Corporation Tax Act 2010: Disposals of new shares

Disposals of new shares 74 1 This section applies if—

a a company disposes of shares (“the new shares”),

and b the new shares are, by virtue of section 127 of TCGA 1992 (reorganisation etc treated as not involving disposal), identified with other shares (“the old shares”) previously held by the company.

2 The company is not eligible for share loss relief on the disposal of the new shares unless condition A or B is met. This is subject to section 87(3).

3 Condition A is that the company would have been eligible for share loss relief on a disposal of the old shares—

a if the company had incurred an allowable loss in disposing of them by way of a bargain made at arm's length on the occasion of the disposal that would have occurred but for section 127 of TCGA 1992, and b where applicable, if this Chapter had then been in force.

4 Condition B is that the company gave for the new shares consideration in money or money's worth other than consideration of the kind mentioned in paragraph (a) or (b) of section 128(2) of TCGA 1992 (“new consideration”).

5 If the company relies on condition B, the amount of share loss relief on the disposal of the new shares must not exceed the amount or value of the new consideration taken into account as a deduction in calculating the amount of the loss incurred on the disposal.