F1PART 8BTrading profits taxable at the Northern Ireland rate

Annotations:
Amendments (Textual)
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

CHAPTER 16Northern Ireland profits and losses etc: partnerships

357WAMeaning of “Northern Ireland firm”

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 F4SME (Northern Ireland employer) partnership condition, the SME (election) partnership condition or the large partnership condition is met.

2

The “F5SME (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.

F22A

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.

F33A

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 F6in relation to a firm, the provisions mentioned in subsection (5) have effect as if—

a

references to a company were to a firm, and

F7b

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”);

F8c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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).