Finance (No. 2) Act 2023

67 Simultaneous mergers

(1) Subsections (2) to (4) apply if, at the same time as SP1 becomes connected with SP2, SP1 also becomes connected with one or more other small producers (who are not already connected with one another).

(2) References in sections 61 and 64 to SP2 include references to the other small producers becoming connected with SP1.

(3) For the purposes of section 64—

(a) the “larger producer” is the producer with a greater alcohol production amount attributable to the producer’s premises for the pre-merger year than any of the other producers mentioned in subsection (1), and

(b) each of the other producers is a “smaller producer”,

(and this subsection applies instead of section 64(5)).

(4) If the amount mentioned in subsection (3)(a) is equal in relation to any two or more of the producers mentioned in subsection (1), any one of them may be treated as the “larger producer” for the purposes of section 64.