Corporation Tax Act 2010

[F1 357WA Meaning of “Northern Ireland firm” U.K.

(1) A firm is a “Northern Ireland firm” in an accounting period of the firm (“the firm's accounting period”) if—

(a) the firm carries on a qualifying partnership trade in the period, and

(b) the [F2 SME (Northern Ireland employer) partnership condition, the SME (election) partnership condition] or the large partnership condition is met.

(2) The “[F3 SME (Northern Ireland employer) partnership condition]” is that the firm—

(a) is an SME in relation to the firm's accounting period, and

(b) is a Northern Ireland employer in relation to that period.

[F4 (2A) The “SME (election) partnership condition” is that—

(a) the firm is an SME in relation to the firm's accounting period,

(b) the firm is not a Northern Ireland employer in relation to that period,

(c) the firm has a NIRE in that period,

(d) the firm is not a disqualified firm in relation to the period, and

(e) an election by the firm for the purposes of this subsection has effect in relation to that period.]

(3) The “large partnership condition” is that the firm—

(a) is not an SME in relation to the firm's accounting period, and

(b) has a NIRE in that period.

[F5 (3A) An election for the purposes of subsection (2A)—

(a) must be made by notice to an officer of Revenue and Customs,

(b) must specify the accounting period in relation to which it is to have effect (“the specified accounting period”),

(c) must be made before the end of the period of 12 months beginning with the end of the specified accounting period, and

(d) if made in accordance with paragraphs (a) to (c) has effect in relation to the specified accounting period.]

(4) In their application [F6 in relation to a firm], the provisions mentioned in subsection (5) have effect as if—

(a) references to a company were to a firm, and

[F7 (b) references to the Northern Ireland workforce conditions were to the Northern Ireland workforce partnership conditions (see section 357WBA).]

(5) The provisions are—

(a) section 357KC (meaning of “SME”);

(b) section 357KD (meaning of “Northern Ireland employer”);

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) Chapter 5 (Northern Ireland regional establishments);

(e) section 1128 of CTA 2009 (meaning of “externally provided worker”).

(6) A reference in this Chapter, in relation to a Northern Ireland firm, to “the firm's trade” is to the trade mentioned in subsection (1).]

Textual Amendments

F1 Pt. 8B inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), s. 1

F2 Words in s. 357WA(1)(b) substituted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(2)

F3 Words in s. 357WA(2) substituted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(3)

F4 S. 357WA(2A) inserted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(4)

F5 S. 357WA(3A) inserted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(5)

F6 Words in s. 357WA(4) substituted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(6)(a)

F7 S. 357WA(4)(b) substituted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(6)(b)

F8 S. 357WA(5)(c) omitted (16.11.2017) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 14(7)