Section 752 — Corporation Tax Act 2010: Application of Chapter
Text of the provision Official document
Application of Chapter 752 1 This Chapter applies if—
a a company within the charge to corporation tax (“ the transferor ”) makes a transfer to another person (“ the transferee ”) of a right to relevant receipts (see subsection (2)),
and b (subject to subsection (3)) the transfer of the right is not a consequence of the transfer to the transferee of an asset from which the right to relevant receipts arises. 2 “ Relevant receipts ” means any income—
a which (but for the transfer) would be charged to corporation tax as income of the transferor, or b which (but for the transfer) would be brought into account in calculating profits of the transferor for the purposes of corporation tax.
3 Despite subsection (1)(b), this Chapter applies if the transfer of the right is a consequence of the transfer to the transferee of all rights under an agreement for annual payments; and for the purposes of subsection (1)(b) the transfer of an asset under a sale and repurchase agreement is not to be regarded as a transfer of the asset.
4 Section 753 makes provision as to the consequences of this Chapter applying.
5 For exclusions from this Chapter, see—
a section 754 (amount otherwise taxed),
and b section 755 (transfer by way of security).
6 Section 756 makes special provision about transfers of partnership shares.
7 Section 757 contains supplementary provisions.
Official source: legislation.gov.uk
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