Taxes Consolidation Act 1997 section 630

Interpretation (Part 21)

Section 630 sets out the key definitions used throughout the Part dealing with the EU Mergers Directive.

• The section defines terms used in the provisions implementing EU Council Directive 2009/133/EC (the Mergers Directive), which establishes a common system of taxation for cross-border mergers, divisions, transfers of assets and exchanges of shares involving companies in different EU Member States.
• Key terms include "transferring company" (the company transferring its trade or part of it), "receiving company" (the company to which the trade is transferred), "securities" (shares and debentures), and "bilateral agreement" (double taxation arrangements having force of law under section 826(1)).
• A "company" for these purposes means a company from a Member State, as defined in Article 3 of the Directive, and "Member State" means a Member State of the European Communities.
• The definition of "transfer" specifically means a transfer of the whole or part of a company's trade under section 631(1) or 634(2), and is distinguished from the broader type of transfer dealt with in section 633D, which covers the transfer of all of a company's assets and liabilities rather than just its trade.