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Home / Simons-Taxes /Corporate tax /Part D5 Company distributions /Division D5.1 Company distributions /Types of distributions / D5.128 Transfers of assets and liabilities (paragraph G)
Commentary

D5.128 Transfers of assets and liabilities (paragraph G)

Corporate tax

There are several types of distributions as detailed in D5.102, one of which is the transfer of assets or liabilities which may be treated as distributions under paragraph G of CTA 2010, s 1000(1).

Where there is a transfer of assets or liabilities from a company to its members and the amount or value of the benefit obtained by a member exceeds the amount or value of the new consideration given by the member, the excess is a distribution. Similarly, where there is a transfer of assets or liabilities from a member to the company and the amount or value of the consideration given by the company exceeds the amount or value of the benefit obtained by the member, the excess is a distribution1.

For the meaning of 'new consideration', see 'Distributions—meaning of new consideration' in D5.103.

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