Intangible assets within CTA09/PART8: FA02 rule: general conditions: asset acquired on or after 1 April 2002 from an unrelated party
An intangible fixed asset held by a company satisfies the general conditions (CIRD11520) if both of the following apply:
- it was ‘acquired’ by the company on or after 1 April 2002
- the transferor was not a person who was a ‘related party’ at the time of the ‘acquisition’
It is not necessary to determine an actual date for the creation or acquisition of the asset. It is only necessary to determine whether the asset was created or acquired on or after 1 April 2002. To determine whether an asset is ‘created’ on or after 1 April 2002 for the purposes of Part 8 you need to consider the details of the rules contained in S883-885 (see CIRD11665 onwards).
An intangible fixed asset which satisfies this test remains excluded from CTA09/PART 8 if either of the following apply:
- the transaction falls within CIRD11660 (certain transfers where for CG purposes the transferor is treated as disposing of the asset on no gain/no loss terms)
- it is a fungible asset which is regarded as an ‘pre-FA 2002 asset’ (CIRD11505) under the special rules for fungible assets (CIRD11760 to CIRD11780)
Points to note
- See CIRD11665 for the time when an asset is regarded as acquired for the purpose of this rule.
- See CIRD45105 onwards for the meaning of ‘related party’.