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Corporation Tax Act 2010

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[F1279F“Related 51% group company”U.K.
This section has no associated Explanatory Notes

(1)For the purposes of this Chapter a company (“B”) is a related 51% group company of another company (“A”) in an accounting period if for any part of the accounting period—

(a)A is a 51% subsidiary of B,

(b)B is a 51% subsidiary of A, or

(c)both A and B are 51% subsidiaries of the same company.

(2)The rule in subsection (1) applies to each of two or more related 51% group companies even if they are related 51% group companies for different parts of the accounting period.

(3)But a related 51% group company is ignored for the purposes of section 279E if—

(a)it has not carried on a trade or business at any time in the accounting period, or

(b)it was a related 51% group company for part only of the accounting period and has not carried on a trade or business at any time in that part of the accounting period.

(4)Subsection (3) is subject to subsections (5) to (9).

(5)Subsection (6) applies if a company carries on a business of making investments in an accounting period and throughout the period the company—

(a)carries on no trade,

(b)has one or more 51% subsidiaries, and

(c)is a passive company.

(6)The company is treated for the purposes of subsection (3) as not carrying on a business at any time in the accounting period.

(7)A company is a passive company throughout an accounting period only if the following requirements are met—

(a)it has no assets in that period, other than shares in companies which are its 51% subsidiaries,

(b)no income arises to it in that period other than dividends,

(c)if income arises to it in that period in the form of dividends—

(i)the redistribution condition is met (see subsection (8)), and

(ii)the dividends are [F2exempt ABGH distributions] received by it,

(d)no chargeable gains accrue to it in that period,

(e)no expenses of management of the business mentioned in subsection (5) are referable to that period, and

(f)no qualifying charitable donations are deductible from the company's total profits of that period.

(8)The redistribution condition is that—

(a)the company pays dividends to one or more of its shareholders in the accounting period, and

(b)the total amount paid in the form of those dividends is at least equal to the amount of the income arising to the company in the form of dividends in that period.

(9)If income arises to a company in an accounting period in the form of a dividend and the requirement in subsection (7)(c) is met in respect of the income—

(a)neither the dividend nor any asset representing it is treated as an asset of the company in that accounting period for the purposes of subsection (7)(a), and

(b)no right of the company to receive the dividend is treated as an asset of the company for the purposes of subsection (7)(a) in that period or any earlier accounting period.]

[F3(10)In subsection (7)(c) “exempt ABGH distribution” means a distribution which—

(a)is a distribution for the purposes of the Corporation Tax Acts only because it falls within paragraph A, B, G or H in section 1000(1), and

(b)is exempt for the purposes of Part 9A of CTA 2009 (company distributions).]

Textual Amendments

F1Pt. 8 Ch. 3A inserted (with effect in accordance with Sch. 1 para. 22 of the amending Act) by Finance Act 2014 (c. 26), Sch. 1 para. 5(3)

F2Words in s. 279F(7)(c)(ii) substituted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by Finance Act 2016 (c. 24), Sch. 1 para. 29(2)

F3S. 279F(10) inserted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by Finance Act 2016 (c. 24), Sch. 1 para. 29(3)

Modifications etc. (not altering text)

C1S. 279F modified (18.11.2015) by Finance (No. 2) Act 2015 (c. 33), s. 39(1)(2)(a)

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