SCHEDULES

SCHEDULE 6Capital Gains : Election for Pooling

Transfers on a no gain/no loss basis

9

1

This paragraph applies in any case where—

a

a company (in this paragraph referred to as " the first company ") disposes of securities to another company, (in this paragraph referred to as " the second company ") which has made an election under this Schedule, and

b

the disposal is one to which section 267 or section 273 of the Taxes Act applies (transfers on a company reconstruction etc. and within a group of companies to be on a no gain/no loss basis), and

c

the disposal by the first company takes place outside the qualifying period.

2

Nothing in this paragraph affects the operation of paragraph 2 of Schedule 13 to the 1982 Act, but paragraph 3 of that Schedule shall have effect subject to the provisions of this Schedule.

3

On the disposal referred to in sub-paragraph (1) above (which is the initial disposal within the meaning of the said paragraph

a

the consideration for the disposal shall become part of the second company's indexed pool of expenditure ; and

b

so much of that consideration as does not consist of the indexation allowance on the disposal shall become part of the second company's unindexed pool of expenditure.