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Part 23 U.K.Company distributions

Chapter 5U.K.Demergers

SupplementaryU.K.

1099Other definitions etcU.K.

(1)In this Chapter—

(2)In determining for the purposes of sections 1076(a), 1077(1), 1082(4) or 1084(2) whether a company (“A”) whose shares are transferred by the distributing company is a 75% subsidiary of the distributing company, ignore any share capital of A which is owned indirectly by the distributing company.

(3)In determining for the purposes of this Chapter whether one company is a 75% subsidiary of another, the other company is treated as not being the owner of—

(a)any share capital which it owns directly in a body corporate as trading stock, or

(b)any share capital which it owns indirectly and which is owned directly by a body corporate as trading stock.

(4)For the purposes of subsection (3) share capital owned by a person is owned as trading stock if (and only if) a profit on a sale of the shares would be treated as a trading receipt of that person's trade.