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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 24 December 2008 - onwards

30. Amendment of section 768 (allowance for know-how) of Principal Act.

(1) Section 768 of the Principal Act is amended -

(a) by substituting the following for subsection (3):

"(3)

(a) Where a person acquires a trade or part of a trade and, together with the trade or the part of the trade, know-how used in the trade or part of the trade, then no amount shall be allowed to be deducted under this section in respect of expenditure incurred on the acquisition of the know-how.

(b) Subject to paragraph (c), where -

(i) a person acquires a trade or part of a trade, and

(ii) a person connected (within the meaning of section 10) with the person acquires know-how used in the trade or the part of the trade,

then -

(I) the amount of expenditure incurred on the know-how by the person referred to in subparagraph (ii) shall be allowed as a deduction against profits of the trade, carried on by that person, in which the know-how is used (in this subsection referred to as a 'relevant trade') but not against any other income or profits of whatever description,