§ John HealeyI beg to move amendment No. 14, in page 434, line 22, leave out sub-paragraph (4) and insert—
'(4) Sub-paragraph (1) has effect subject to—
- paragraph 126 (application of Schedule to fungible assets), and
- paragraph 126A (certain assets acquired on transfer of a business treated as existing assets).'.
§ Mr. Deputy SpeakerWith this it will be convenient to discuss Government amendments Nos. 15 to 18.
§ John HealeyI shall be brief. Amendments Nos. 14, 15 and 18 are designed to correct a mismatch which has come to light between schedule 29 and the capital gains rules on company reconstructions. Amendments Nos. 16 and 17 deal with a problem in the drafting that was identified by the hon. Member for Arundel and South Downs (Mr. Flight) in Committee. The hon. Gentleman was assiduous throughout our proceedings in Committee, paying great attention to detail. I promised further consideration when he withdrew his amendments in Committee. Amendments Nos. 16 and 17 are the result of that further consideration. They will help to ensure that 460 the major reform of corporation tax treatment of intangible assets will now work in a way that all those with an interest in these matters would wish.
§ Amendment agreed to.
§
Amendments made: No. 15, in page 437, line 28, at end insert—
126A (1) This paragraph applies where—
applies with the effect that the transferor company is treated for the purposes of that Act as disposing of the asset for a consideration that secures that neither a gain nor a loss accrues to that company.
(2) Where this paragraph applies the asset shall be treated for the purposes of this Schedule as an existing asset in the hands of the transferee company.
(3) This paragraph does not apply where the transfer mentioned in sub-paragraph (1) occurred before 28th June 2002.'.
§
No. 16, in page 437, line 39, leave out sub-paragraph (3) and insert—
'(3) If the asset—
it shall be treated for the purposes of Part 7 (roll-over relief on realisation and reinvestment) as if it had been a chargeable intangible asset at all material times between its acquisition and the beginning of that period.'.
§
No. 17, in page 438, line 16, leave out sub-paragraph (4) and insert—
'(4) If the asset—
it shall be treated for the purposes of Part 7 (roll-over relief on realisation and reinvestment) as if it had been a chargeable intangible asset at all material times between its acquisition and the beginning of that period.'.
§ No. 18, in page 444, line 5, at end insert "(and see paragraph 126A)".—[Dawn Primarolo.]