Section 169VV: "Trading company" etc

Taxation of Chargeable Gains Act 1992 · 1992 c. 12View on legislation.gov.uk

Part V: Transfer of business assets, business asset disposal relief and investors' relief — Chapter 5: Investors' relief

In this Chapter "trading company" and "the holding company of a trading group" have the same meaning as in section 165 (see section 165A).

For the purposes of this Chapter a company is not to be regarded as ceasing to be a trading company, or the holding company of a trading group, merely because of anything done in consequence of—

the company, or any of its subsidiaries, being in administration or receivership, or
a resolution having been passed, or an order made, for the winding up of the company or any of its subsidiaries.

But subsection (2) applies only if—

the entry into administration or receivership, or the resolution or order for winding up, and
everything done as a result of the company concerned being in administration or receivership, or as a result of that resolution or order,

is for genuine commercial reasons and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.

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