Capital Allowances Act 1990

157Sales between connected persons etc

(1)Subject to subsection (5) below, this section and section 158 have effect in relation to sales of any property where either—

(a)the buyer is a body of persons over whom the seller has control, or the seller is a body of persons over whom the buyer has control, or both the seller and the buyer are bodies of persons and some other person has control over both of them or the buyer and the seller are connected with each other within the terms of section 839 of the principal Act; or

(b)it appears with respect to the sale, or with respect to transactions of which the sale is one, that the sole or main benefit which, apart from this section and section 158, might be expected to accrue to the parties or any of them was the obtaining of an allowance or deduction, the obtaining of a greater allowance or deduction or the avoidance or reduction of a charge under this Act (disregarding Part II).

(2)References in subsection (1) above to a body of persons include references to a partnership.

(3)This section and section 158 shall have effect in relation to a sale notwithstanding that they are not fully applicable by reason of the non-residence of a party to the sale or otherwise, but subject to subsection (3) of that section.

(4)Where the property is sold at a price other than that which it would have fetched if sold in the open market, then, subject to section 158, the like consequences shall ensue for the purposes of this Act (except Part II) in its application to the tax of all persons concerned as would have ensued if the property had been sold for the price it would have fetched if sold in the open market.

(5)Subsections (1) to (4) above and section 158 do not apply for the purposes of Part II.