431 Introduction to Chapter
Corporation Tax Act 2009 (2009 c 4) | Legislation

Chapter 14
European Cross-border Mergers

Introduction

431  Introduction to Chapter

(1)     This Chapter applies if the following conditions are met—

(a)     conditions A to D,

(b)     in the case of a merger within subsection (3)(a), (b) or (c), condition E, and

(c)     in the case of a merger within subsection (3)(c) or (d), condition F,

but see section 437 (tax avoidance etc) and section 438 (disapplication of Chapter where transparent entities involved).

(2)     Sections 435 and 436 (reorganisations involving loan relationships) also apply in cases that would be within subsection (1) apart from condition D not being met if, in addition to the conditions in section 435(1)(a) and (b), condition G is met in relation to a transfer in the course of the merger in which the reorganisation in question occurs.

(3)     Condition A is that—

(a)     an SE is formed by

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