Landfill Disposals Tax (Wales) Act 2017

78 Conditions for designation as member of group

(1) A body corporate may be designated as a member of a group only if—

(a) it carries out taxable operations or intends to do so, and

(b) it is under the same control as every other member of the group.

(2) Two or more bodies corporate are under the same control if—

(a) one of them controls all of the others,

(b) one body corporate or individual controls all of them, or

(c) two or more individuals carrying on business in partnership control all of them.

(3) For the purposes of subsection (2)—

(a) one body corporate (“A”) controls another body corporate (“B”) if—

(i) A is empowered by or under an enactment to control B’s activities, or

(ii) A is B’s holding company;

(b) an individual or individuals control a body corporate if they would, if they were a company, be the body’s holding company.

(4) In subsection (3), “holding company” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 2006 (c. 46).