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(1)A company is to be regarded as having incurred expenditure (despite section 926(1)) so far as the requirements in subsections (2) and (3) are met in relation to the expenditure.
(2)The first requirement is that the person meeting the company’s expenditure (“X”) is not a public body.
(3)The second requirement is that—
(a)no allowance can be made under Chapter 2 of Part 11 of CAA 2001 (contribution allowances) in respect of X’s expenditure, and
(b)the expenditure is not allowed to be deducted in calculating the profits of a trade, profession or vocation carried on by X.
(4)When determining for the purposes of subsection (3)(a) whether such an allowance can be made, assume that X is within the charge to tax.
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