Part 3 Restrictions on Availability of Relief

Part 3 Restrictions on Availability of Relief

Restrictions on availability of group relief

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(1)     Group relief is not available if, at the effective date of the transaction, there are arrangements in existence by virtue of which—

(a)     a person has or could obtain, at that or some later time, control of the buyer but not of the seller, or

(b)     any persons together have or could obtain, at that time or some time later, control of the buyer but not of the seller.

(2)     Sub-paragraph (1) does not apply to arrangements entered into with a view to an acquisition of shares by a company (“the acquiring company”)—

(a)     in relation to which section 75 of the Finance Act 1986 (c 41) (stamp duty: acquisition relief) will apply,

(b)     in relation to which the conditions for relief under that section will be met, and

(c)     as a result of which the buyer will be a member of the same group as the acquiring company.

(3)     Group relief is not available if the transaction is effected in pursuance of, or in connection with, arrangements under which—

(a)     the consideration, or any part of the consideration, for the transaction

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