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SCHEDULE 16E+WGROUP RELIEF

PART 5 E+WRECOVERY OF RELIEF FROM CERTAIN PERSONS

Recovery of group relief from another group company or controlling directorE+W

13(1)This paragraph applies where—E+W

(a)tax is chargeable under paragraph 8 (withdrawal of group relief),

(b)the amount so chargeable has been finally determined, and

(c)the whole or part of the amount so chargeable is unpaid 6 months after the date on which it became payable.

(2)The following persons may, by notice under paragraph 14, be required to pay the unpaid tax (together with any interest payable)—

(a)the seller;

(b)any company that at any relevant time was a member of the same group as the buyer and was above it in the group structure;

(c)any person who at any relevant time was a controlling director of the buyer or a company having control of the buyer.

(3)For the purposes of sub-paragraph (2)(b)—

(a)a “"relevant time”” means any time between the effective date of the relieved transaction and the buyer ceasing to be a member of the same group as the seller;

(b)a company (““company A””) is ““above”” another company (““company B””) in a group structure if company B, or another company that is above company B in the group structure, is a 75% subsidiary of company A.

(4)In sub-paragraph (2)(c)—

(5)For the purposes of this paragraph, a claim is not finally determined until—

(a)the claim, or

(b)the amount to which it relates,

can no longer be varied (whether on review, appeal or otherwise).

Annotations:

Commencement Information

I1Sch. 16 para. 13 in force at 1.4.2018 by S.I. 2018/34, art. 3