Corporation Tax Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 796 — Interpretation of section 795
Interpretation of section 795 796 1 For the purposes of section 795 and this section— “the relevant accounting period” is the accounting period in which the degrouping charge falls to be brought into…
Section 797 — Recovery under section 795: procedure etc
Recovery under section 795: procedure etc 797 1 A notice served under section 795(2) may require the payment of the amount required to be paid by the notice within 30 days of the service of the…
Section 798 — Recovery under section 795: time limit
Recovery under section 795: time limit 798 1 A notice under section 795(2) must be served before the end of the period of 3 years beginning with the date on which A's liability to corporation tax for…
Section 799 — Disregard of payments between group members for reliefs
Disregard of payments between group members for reliefs 799 1 If a payment for group roll-over relief or for the reallocation of a degrouping charge does not exceed the amount of the relevant relief—…
Section 800 — Introduction
Introduction 800 1 This Chapter provides for the exclusion from this Part of certain assets. 2 This Chapter provides for 3 kinds of exclusion— a assets within sections 803 to 809 are wholly excluded…
Section 801 — Right to dispose of or acquire excluded asset also excluded
Right to dispose of or acquire excluded asset also excluded 801 So far as an asset of any description is excluded from this Part by this Chapter, an option or other right to acquire or dispose of an…
Section 802 — Effect of partial exclusion
Effect of partial exclusion 802 1 If because of any of sections 803 to 815 an asset is excluded to the extent that— a it represents particular rights, b it is an asset of a particular description, c…
Section 803 — Non-commercial purposes etc
Non-commercial purposes etc 803 This Part does not apply to an intangible fixed asset so far as it is held— a for a purpose that is not a business or other commercial purpose of the company, or b for…
Section 804 — Assets for which capital allowances previously made
Assets for which capital allowances previously made 804 1 This Part does not apply to an intangible asset of a company if conditions A, B and C are met. 2 Condition A is that the asset falls to be…
Section 805 — Rights over tangible assets
Rights over tangible assets 805 This Part does not apply to an intangible fixed asset so far as it represents— a rights enjoyed by virtue of an estate, interest or right in or over land, or b rights…
Section 806 — Financial assets
Financial assets 806 1 This Part does not apply to financial assets. 2 In this Part “ financial asset ” has the same meaning as it has for accounting purposes. 3 “ Financial asset ” includes— a loan…
Section 807 — Rights in companies, trusts etc
Rights in companies, trusts etc 807 1 This Part does not apply to an asset so far as it represents— a shares or other rights in relation to the profits, governance or winding up of a company, b…
Section 807A — Assets representing expenditure on separate creative production trade
Assets representing expenditure on separate creative production trade 807A This Part does not apply to an intangible fixed asset held by a company treated as carrying on a separate trade under any of…
Section 809 — Oil licences
Oil licences 809 1 This Part does not apply to an oil licence or an interest in an oil licence. 1A The reference in subsection (1) to an oil licence or an interest in an oil licence includes all…
Section 810 — Mutual trade or business
Mutual trade or business 810 1 Except as respects royalties, this Part does not apply to an intangible fixed asset so far as it is held for the purposes of any mutual trade or business. 2 . . . . . .…
Section 811 — Sound recordings
Sound recordings 811 1 Except as respects royalties, this Part does not apply to an intangible fixed asset held by a company so far as it represents expenditure by the company on the production or…
Section 812 — Master versions of films
Master versions of films 812 1 Except as respects royalties, this Part does not apply to an intangible fixed asset held by a company so far as it represents expenditure by the company— a on the…
Section 813 — Computer software treated as part of cost of related hardware
Computer software treated as part of cost of related hardware 813 Except as respects royalties, this Part does not apply to an intangible fixed asset held by a company so far as it represents…
Section 814 — Research and development
Research and development 814 1 This section applies to an intangible fixed asset held by a company so far as it represents expenditure by the company on research and development. 2 Chapter 2 (credits…
Section 815 — Election to exclude capital expenditure on software
Election to exclude capital expenditure on software 815 1 If a company so elects in respect of capital expenditure by the company on computer software, this section applies to an intangible fixed…
Section 816 — Further provision about elections under section 815
Further provision about elections under section 815 816 1 An election under section 815 must specify the expenditure to which it relates. 2 The election must be made not more than 2 years after the…
Section 816A — Restrictions on goodwill and certain other assets
Restrictions on goodwill and certain other assets 816A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 817 — Overview of Chapter
Overview of Chapter 817 1 This Chapter contains provisions— a treating some transfers of assets as tax-neutral transfers for the purposes of this Part (see sections 818, 820, 822, 824 and 826), and b…
Section 818 — Company reconstruction involving transfer of business
Company reconstruction involving transfer of business 818 1 This section applies if— a a scheme of reconstruction involves the transfer of the whole or part of the business of one company (“ the…
Section 819 — European cross-border transfers of business: introduction
European cross-border transfers of business: introduction 819 1 Section 820 applies if— a condition A or B is met, and b each of the companies mentioned in subsection (2)(a) or (3)(a) makes a claim…
Section 820 — Transfer of assets on European cross-border transfer of business
Transfer of assets on European cross-border transfer of business 820 1 If the transfer of business includes intangible fixed assets that— a are chargeable intangible assets in relation to the…
Section 821 — European cross-border mergers: introduction
European cross-border mergers: introduction 821 1 Section 822 applies if the following conditions are met in the case of any merger— a conditions A, B and C, b in the case of a merger within…
Section 822 — Transfer of assets on European cross-border merger
Transfer of assets on European cross-border merger 822 1 If this section applies, the transfer of qualifying assets in the course of the merger is tax-neutral for the purposes of this Part. 2 For the…
Section 823 — Interpretation of sections 821 and 822
Interpretation of sections 821 and 822 823 1 This section applies for the interpretation of sections 821 and 822 and this section. 1A “Relevant state” means the United Kingdom or a member State. 2 “…
Section 824 — Transfer of business of building society to company
Transfer of business of building society to company 824 1 This section applies if— a there is a transfer of the whole of a building society's business to a company (“ the successor company ”) in…
Section 825 — Application of sections 780 and 785 where transfer within section 824 occurs
Application of sections 780 and 785 where transfer within section 824 occurs 825 1 This section deals with the application of— a section 780 (deemed realisation and reacquisition at market value),…
Section 826 — Amalgamation of, or transfer of engagements by, certain societies
Amalgamation of, or transfer of engagements by, certain societies 826 1 This section applies if— a two or more societies to which this section applies amalgamate or there is a transfer of engagements…
Section 827 — Claims to postpone charge on transfer
Claims to postpone charge on transfer 827 1 This section applies if— a a UK resident company carrying on a trade outside the United Kingdom through a permanent establishment (“ the transferor ”)…
Section 828 — Relief on transfer
Relief on transfer 828 1 If the proceeds of realisation of a relevant asset exceed the cost of the asset recognised for tax purposes, the proceeds are treated as reduced. 2 If the securities are the…
Section 829 — Charge on subsequent realisations
Charge on subsequent realisations 829 1 If at any time after the transfer the transferor realises the whole or part of the securities held by it immediately before that time, the transferor must…
Section 830 — Exclusion from section 829 of group transfers
Exclusion from section 829 of group transfers 830 1 For the purposes of section 829(1), any disposal within section 171 of TCGA 1992 (transfers within a group) is ignored. 2 For the purposes of…
Section 831 — The genuine commercial transaction requirement and clearance
The genuine commercial transaction requirement and clearance 831 1 For the purposes of this Chapter, a reconstruction, transfer or merger meets the genuine commercial transaction requirement if it— a…
Section 832 — Procedure on application for clearance
Procedure on application for clearance 832 1 This section applies in relation to an application under section 831(2). 2 The application must be in writing and must contain particulars of the…
Section 833 — Decision on application for clearance
Decision on application for clearance 833 1 The Commissioners for Her Majesty's Revenue and Customs must notify their decision on an application under section 831(2) to the applicant— a within 30…
Section 834 — Overview of Chapter
Overview of Chapter 834 1 This Chapter deals with the question whether a person and a company are related parties for the purposes of this Part. 2 That question is relevant, in particular, for…
Section 835 — “Related party”
“Related party” 835 1 This section explains when a person (“A”) is a “ related party ” in relation to a company (“B”) for the purposes of this Part. 2 In a case where A is a company, A is a related…
Section 835A — Residence of companies
Residence of companies 835A Chapter 3 of Part 2 of CTA 2009 (rules for determining residence of companies) applies for the purposes of the Income Tax Acts as it applies for the purposes of the…
Section 836 — “Control”
“Control” 836 1 For the purposes of this Chapter, in relation to a company, “ control ” means the power of a person to secure that the company's affairs are conducted in accordance with the person's…
Section 837 — “Major interest”
“Major interest” 837 1 For the purposes of this Chapter, a person has a “major interest” in a company if— a the person and one other person together have control of that company, and b the rights and…
Section 838 — General rule
General rule 838 1 This section provides for a person (“A”) to be treated as having rights and powers where A's rights or powers are relevant in determining if a person— a has control of a company,…
Section 839 — Rights and powers held jointly
Rights and powers held jointly 839 1 References in this Chapter— a to rights and powers of a person, or b to rights and powers that a person is or will become entitled to acquire, include rights or…
Section 840 — Partnerships
Partnerships 840 1 The rights and powers of a person as a member of a firm are ignored unless the person has control of or a major interest in the firm. 2 Whether a person has control of or a major…
Section 841 — “Participator” and “associate”
“Participator” and “associate” 841 1 In this Chapter “ participator ”, in relation to a close company, has the meaning given by section 454 of CTA 2010 , except as provided in subsection (2). 2 “…
Section 842 — Introduction
Introduction 842 1 Section 843 explains what is meant in this Chapter when a person is referred to as being connected with another person. 2 If that section provides that one person (“A”) is…
Section 843 — Who are connected persons
Who are connected persons 843 1 An individual (“A”) is connected with another individual (“B”) if— a A is B's spouse or civil partner, b A is a relative of B, c A is the spouse or civil partner of a…