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584Exceptions to charge under section 583

(1)    Section 583 does not apply in the following cases.

(2)    Case A is if the consideration is brought into account under—

(a)    section 579 (charge to tax on royalties etc), or

(b)    section 462 of CAA 2001 (disposal values).

(3)    Case B is if the consideration is dealt with in relation to the person receiving it as a capital receipt for goodwill under section 194(2) (disposal of know-how as part of disposal of all or part of a trade).

(4)    Case C is if the disposal of the know-how is by way of a sale and—

(a)    the buyer is a body of persons over which the seller has control,

(b)    the seller is a body of persons over which the buyer has control, or

(c)    the buyer and the seller are both bodies of persons and another person has control over both of them.

(5)    In subsection (4) “body of persons” includes a firm.

(6)    See also Chapter 14 of Part 2 and section 575 (disposals of know-how used in a trade dealt with by Part 2).

NOTES
Initial Commencement
Specified date

This Act comes into force on 6 April 2005 and has effect, for the purposes of income tax for the year 2005–06 and subsequent tax years, and for the purposes of corporation tax for accounting periods ending after 5 April 2005: see s 883; for transitional provisions and savings see Sch 2 hereto.
Income Tax Allowances, Deductions & Reliefs93 Company Law & Business Entities92 Personal Taxes95 Companies & Corporate Bodies92 Intellectual Property Law95 Income Tax93 Trading Income95 Trade Secrets, Know-how & Goodwill95 Tax Law93

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