Taxes Consolidation Act, 1997

PART 21

Mergers, Divisions, Transfers of Assets and Exchanges of Shares Concerning Companies of Different Member States

Interpretation ( Part 21 ).

[FA92 s64]

630.—In this Part—

“bilateral agreement” means arrangements having the force of law by virtue of section 826 ;

“company” means a company from a Member State;

“company from a Member State” has the meaning assigned to it by Article 3 of the Directive;

“the Directive” means Council Directive No. 90/434/EEC of 23 July 19901 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States;

“Member State” means a Member State of the European Communities;

“receiving company” means the company to which the whole or part of a trade is transferred in the course of a transfer;

“securities” means shares and debentures;

“shares” includes stock;

“transfer” means the transfer by a company of the whole or part of its trade in the circumstances set out in section 631 (1) or 634 (2), as the case may be;

“transferring company” means the company by which the whole or part of a trade is transferred in the course of a transfer.

1O.J. No. L225, 20.8.1990, p. 1.