633A. Formation of SE or SCE by merger - leaving assets in the State.

(1) For the purposes of this section an asset is a qualifying transferred asset if -

(a) the asset is transferred to an SE or an SCE as part of the process of the merger forming it,

(b)

(i) the transferor in relation to the asset is resident in the State at the time of the transfer, or

(ii) any gain that would have accrued to the transferor in respect of the asset, had it disposed of the asset immediately before the time of the transfer, would have been a chargeable gain,

and

(c)

(i) the transferee SE or SCE in relation to the asset is resident in the State on formation, or

(ii) any gain that would have accrued to the transferee SE or SCE in respect of the asset, if it disposed of the asset immediately after the transfer, would be a chargeable gain.

(2) For the purposes of this section and section 633B, a company is treated as resident for the purposes of tax in a Member State (other than the State) if -

(a) it is so treated by virtue of the law of the Member State, and

(b) it is not t

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