CIRD48270 - Intangible assets: avoidance: new measures in F2A05/S41: change to rules: related party rules

The definition of case three currently in force is given at CIRD45250, which follows changes made by F2A05/S41 (3). Case three of the related parties rules was changed (CIRD84270) to recognise that a person may be associated with another company that controls or has a major interest in the transferee company and that in these circumstances they may not be acting independently from the transferee. Prior to these changes it was possible, for example, for an individual to control a company (A) which in turn controlled another company (B) without the individual and B being related parties for the purposes of FA02/SCH29/PARA92.

New measures deemed to have always been in force

For accounting periods commencing on or after 16 March 2005 the new measures are deemed to have always been in force.

So if parties would have been related parties had the new rules been in force when assets were transferred, the assets in question will be treated as having been transferred between related parties for the purposes of Schedule 29 for accounting periods commencing on or after 16 March 2005.

Where an accounting period straddles 16 March 2005, then for the purposes of determining debits or credits to be brought into account under Schedule 29 in respect of an asset where the change in case three is in point, an accounting period is deemed to end on 15 March 2005, and a new one to commence on 16 March 2005.

This is similar to the way the FA03 changes take effect as described in CIRD48250.