Finance Act 2003

Cases in which reconstruction or acquisition relief not withdrawn

10(1)Reconstruction or acquisition relief is not withdrawn under paragraph 9 in the following cases.

(2)The first case is where control of the acquiring company changes as a result of a share transaction that is effected as mentioned in any of paragraphs (a) to (d) of paragraph 3 of Schedule 3 (transactions in connection with divorce etc).

(3)The second case is where control of the acquiring company changes as a result of a share transaction that—

(a)is effected as mentioned in paragraph 4(1) of Schedule 3, and

(b)meets the conditions in paragraph 4(2) of that Schedule (variation of testamentary dispositions etc).

(4)The third case is where control of the acquiring company changes as a result of an exempt intra-group transfer.

An “exempt intra-group transfer” means a transfer of shares effected by an instrument that is exempt from stamp duty by virtue of section 42 of the Finance Act 1930 (c. 28) or section 11 of the Finance Act (Northern Ireland) 1954 (c. 23 (N. I.)) (transfers between associated bodies corporate).

But see paragraph 11 (withdrawal of relief in case of subsequent non-exempt transfer).

(5)The fourth case is where control of the acquiring company changes as a result of a transfer of shares to another company in relation to which share acquisition relief applies.

• “Share acquisition relief” means relief under section 77 of the Finance Act 1986 (c. 41) and a transfer is one in relation to which that relief applies if an instrument effecting the transfer is exempt from stamp duty by virtue of that provision.

  But see paragraph 11 (withdrawal in case of subsequent non-exempt transfer).

(6)The fifth case is where—

(a)control of the acquiring company changes as a result of a loan creditor becoming, or ceasing to be, treated as having control of the company, and

(b)the other persons who were previously treated as controlling the company continue to be so treated.

• “Loan creditor” here has the meaning given by section 417(7) to (9) of the Taxes Act 1988.