Corporation Tax Act, 1976

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Postponement of payment of tax to be permitted in certain cases.

150.—(1) Where—

(a) for any accounting period the profits of a company consist of or include income from a trade of dealing in or developing land in the course of which the company disposes of the full interest acquired by it in any land, and

(b) in relation to that disposal the conditions specified in paragraphs (b) to (e) of section 23 (1) of the Finance (Miscellaneous Provisions) Act, 1968 (postponement of payment of tax to be permitted in certain cases), are satisfied, and

(c) at the time when any amount of corporation tax charged by an assessment for that accounting period would, but for this section, become due and payable (otherwise than by virtue of section 419 of the Income Tax Act, 1967 (agreement as to amount of tax not in dispute on an appeal against an assessment), as applied for the purposes of corporation tax)—

(i) the company retains the leasehold interest acquired by it from the person to whom the disposition is made, and

(ii) has not disposed, as regards the whole or any part of the land, of an interest derived from that leasehold interest,

a part of the said amount of corporation tax equal to nine-tenths of so much thereof as would not have been chargeable if no sum had fallen to be taken into account as mentioned in section 23 (1) (d) of the Finance (Miscellaneous Provisions) Act, 1968 , shall be payable in nine equal instalments at yearly intervals the first of which is payable on the expiration of twelve months from the date on which, but for this section, the said amount of corporation tax would have been payable.

(2) Where, in a case in which the postponement of payment of any amount of corporation tax has been authorised by subsection (1)—

(a) the company ceases to retain the leasehold interest acquired by it,

(b) the company disposes, as regards the whole or any part of the land, of an interest derived from the said leasehold interest, or

(c) the company commences to be wound up,

the said amount of corporation tax, or, as the case may be, so much of it as has not already become due and payable, shall become due and payable forthwith.