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SCHEDULES

[F1SCHEDULE 7ACU.K.Exemptions for disposals by companies with substantial shareholding

Textual Amendments

F1Sch. 7AC inserted (with effect in accordance with s. 44(3)(4) of the amending Act) by Finance Act 2002 (c. 23), Sch. 8 para. 1

Part 3U.K.Requirements to be met in relation to F2... company invested in

Textual Amendments

F2Words in Sch. 7AC Pt. 3 heading omitted (with effect in accordance with s. 27(6) of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), s. 27(2)(c)

Meaning of “trading company"U.K.

20(1)In this Schedule “trading company” means a company carrying on trading activities whose activities do not include to a substantial extent activities other than trading activities.U.K.

(2)For the purposes of sub-paragraph (1) “trading activities” means activities carried on by the company—

(a)in the course of, or for the purposes of, a trade being carried on by it,

(b)for the purposes of a trade that it is preparing to carry on,

(c)with a view to its acquiring or starting to carry on a trade, or

(d)with a view to its acquiring a significant interest in the share capital of another company that—

(i)is a trading company or the holding company of a trading group or trading subgroup, and

(ii)if the acquiring company is a member of a group, is not a member of that group.

(3)Activities do not qualify as trading activities under sub-paragraph (2)(c) or (d) unless the acquisition is made, or (as the case may be) the company starts to carry on the trade, as soon as is reasonably practicable in the circumstances.

(4)The reference in sub-paragraph (2)(d) to the acquisition of a significant interest in the share capital of another company is to an acquisition of ordinary share capital in the other company—

(a)such as would make that company a 51% subsidiary of the acquiring company, or

(b)such as would give the acquiring company a qualifying shareholding in a joint venture company without making the two companies members of the same group.]