Legislation – Finance Act 2022
SCHEDULE 2Qualifying asset holding companies
PART 2Becoming a QAHC
Assets entering and leaving the ring fence
22
(1)
Sub-paragraph (2) applies to an asset held by a QAHC outside its QAHC ring fence business if that asset enters that ring fence business (whether because of a change of use or status of the asset or otherwise) and the asset is one of the following—
(a)
overseas land;
(b)
a loan relationship or derivative contract the QAHC is party to for the purposes of an overseas property business of the QAHC, to the extent (apportioned on a just and reasonable basis)—
(i)
the relationship or contract is attributable to those purposes (including any such relationship or contract that the QAHC was not party to for those purposes before it entered the ring fence business), and
(ii)
profits arising from that relationship or contract are exempt from corporation tax as a result of paragraph 52(4);
(c)
qualifying shares (including anything that was not a “qualifying share” before it entered the ring fence business).
(2)
Where this sub-paragraph applies to an asset, that asset is treated, for the purposes of corporation tax, as sold by the QAHC immediately before it entered the QAHC ring fence business and reacquired immediately after it entered that ring fence business.
(3)
Any chargeable gain or allowable loss accruing to a QAHC on a deemed sale under paragraph (2) arises outside its QAHC ring fence business.
(4)
Sub-paragraph (5) applies to an asset held by a QAHC within its QAHC ring fence business if that asset leaves that ring fence business (whether because of a change of use or status of the asset or otherwise) and the asset is one of the following—
(a)
overseas land;
(b)
a loan relationship or derivative contract that, when it was held within the ring fence business, the QAHC was party to for the purposes of an overseas property business of the QAHC, to the extent (apportioned on a just and reasonable basis)—
(i)
the relationship or contract was attributable to those purposes, and
(ii)
profits arising from that relationship or contract are exempt from corporation tax as a result of paragraph 52(4);
(c)
anything that was a “” (see paragraph 53) when it was held within the ring fence business.
(5)
Where this sub-paragraph applies to an asset, that asset is treated, for the purposes of corporation tax, as sold by the QAHC immediately before it left the QAHC ring fence business and reacquired immediately after it left that ring fence business.
(6)
Any chargeable gain or allowable loss accruing to a QAHC on a deemed sale under paragraph (5) arises within its QAHC ring fence business.