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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2006 - onwards
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634. Credit for tax.

(1) In this section -

"law of the Member State which has the effect of deferring a charge to tax on a gain" means any law of the Member State concerned which provides -

(a) that the gain accruing to the transferring company on the disposal of the assets in the course of the transfer is to be treated as not accruing until the disposal of the assets by the receiving company,

(b) that the receiving company is to be treated as having acquired the assets for a consideration of such amount as would secure that, for the purposes of charging the gain on the disposal to tax in that Member State, neither a gain nor a loss would accrue to the transferring company on the transfer and the receiving company is to be treated as if the acquisition of the assets by the transferring company had been the receiving company's acquisition of the assets, or

(c) such other deferral of a charge to tax as corresponds to paragraph (a) or (b);

"relevant certificate given by the tax authorities of a Member State"

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