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HMRC internal manual

Corporate Intangibles Research and Development Manual

Intangible assets within CTA09/PART8: FA02 rule: asset acquired on or after 1 April 2002 from a related party in qualifying circumstances: asset acquired by a related party from an independent third party

CTA09/PART8/S882 (4)

FA02 rule

This is the second of the three qualifying circumstances outlined in CIRD11625.

All three of the following conditions must be satisfied:

  • The ‘related party’ (B), from whom the company in question (A) acquired the asset, itself ‘acquired the asset on or after 1 April 2002’ from another person (C).
  • C is not a related party of A at the time of the acquisition of the asset by A.
  • If either B or C (or both) is a company, then one must not be a related party of the other at the time B acquired the asset from C

Where exceptionally the CG rules apply to the disposal of the asset by B, the asset may remain outside Part 8 if it falls within the rule described in CIRD11660.

See CIRD45105 onwards for the meaning of ‘related party’.

See CIRD11670 and CIRD11690 for the meaning of ‘acquired on or after 1 April 2002’.