Corporation Tax Act 2009

Part 5 Company residence: exceptions to section 14

13 (1) Subject to sub-paragraph (2), section 14 does not apply to a company if—

(a) immediately before 15 March 1988 the company was non-UK resident, having ceased to be UK resident under a Treasury consent, and

(b) immediately before 1 April 2009 section 66(1) of FA 1988 did not apply to the company because of paragraph 1(1) of Schedule 7 to that Act (certain companies which ceased to be UK resident before 15 March 1988 in pursuance of a Treasury consent).

(2) If at any time a company falling within sub-paragraph (1)—

(a) ceases to carry on business,

(b) becomes UK resident, or

(c) if the Treasury consent was a general consent, ceases to be taxable in a territory outside the United Kingdom,

section 14 applies in relation to the company after that time.

14 (1) Subject to sub-paragraph (2), section 14 does not apply to a company if immediately before 1 April 2009 section 66(1) of FA 1988 did not apply to the company because of paragraph 2(1) of Schedule 7 to that Act (certain companies which ceased to be UK resident on or after 15 March 1988 in pursuance of a Treasury consent).

(2) If at any time a company falling within sub-paragraph (1)—

(a) ceases to carry on business, or

(b) becomes UK resident,

section 14 applies in relation to the company after that time.

15 (1) In paragraph 13—

• “general consent” means a consent under a section to which sub-paragraph (2) applies which is given generally within the meaning of subsection (4) of the section in question,

• “taxable” means liable to tax on income by reason of domicile, residence or place of management,

• “Treasury consent” means a consent under a section to which sub-paragraph (2) applies which is given for the purposes of subsection (1)(a) of the section in question.

(2) This sub-paragraph applies to the following sections (restrictions on the migration etc of companies)—

• section 765 of ICTA,

• section 482 of the Income and Corporation Taxes Act 1970,

• section 468 of the Income Tax Act 1952, and

• section 36 of FA 1951.