Part 9Leasing plant or machinery

Chapter 3Sales of lessors: leasing business carried on by a company alone

F1 “Relevant change in relationship”

Annotations:
Amendments (Textual)
F1

S. 392 and cross-heading substituted (with effect in accordance with Sch. 18 para. 9 of the amending Act) by Finance Act 2010 (c. 13) , Sch. 18 para. 4

393Qualifying 75% subsidiaries

1

A company (“B”) is a principal company of A if—

a

A is a qualifying 75% subsidiary of B, and

b

B is not a qualifying 75% subsidiary of another company.

2

There is a relevant change in the relationship between A and B (as a principal company) on any day if A ceases to be a qualifying 75% subsidiary of B on that day.

3

A company (“C”) is a principal company of A if—

a

A is a qualifying 75% subsidiary of B,

b

B is a qualifying 75% subsidiary of C, and

c

C is not a qualifying 75% subsidiary of another company.

4

There is a relevant change in the relationship between A and C (as a principal company) on any day if—

a

A ceases to be a qualifying 75% subsidiary of B on that day, or

b

B ceases to be a qualifying 75% subsidiary of C on that day.

5

If C is a qualifying 75% subsidiary of another company (“D”), D is a principal company of A unless D is a qualifying 75% subsidiary of another company, and so on.

6

Accordingly, there is a relevant change in the relationship between A and a principal company of A on any day if—

a

in determining which company is a principal company, regard is had to any company which is a qualifying 75% subsidiary of another, and

b

that company ceases to be a qualifying 75% subsidiary of the other on that day.

7

This section is supplemented by section 398 (“qualifying 75% F2... subsidiary” etc).