789 Merger carried out for genuine commercial reasons

789  Merger carried out for genuine commercial reasons

(1)     Sections 780 to 787 do not apply if—

(a)     the transferee ceases to be a member of a group of companies (“the group”) as part of a merger,

(b)     the merger is carried out for genuine commercial reasons, and

(c)     the avoidance of liability to tax is not the main purpose of the merger or one of its main purposes.

(2)     For this purpose “merger” means an arrangement in respect of which each of conditions A to D is met.

(3)     Condition A is that—

(a)     as a result of the arrangement one or more companies (“the acquiring company” or “the acquiring

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