Corporation Tax Act 2010 (c. 4)

Part 3 U.K. Companies with small profits

The lower limit and the upper limit U.K.

[F1 27 Attribution to persons of rights and powers of their associates U.K.

(1) This section applies if—

(a) it is necessary to determine in accordance with section 25(4) and (5) whether a company is an associated company of another company, and

(b) the relationship between the two companies is not one of substantial commercial interdependence.

(2) In the application of section 451 (meaning of “control”: rights to be attributed) for the purposes of the determination, any person to whom rights and duties fall to be attributed under subsections (4) and (5) of that section is to be treated, for the purposes of those subsections, as having no associates.

(3) The Treasury may by order prescribe factors that are to be taken into account in determining whether a relationship between two companies amounts to substantial commercial interdependence for the purposes of this section.]

Textual Amendments

F1 S. 27 substituted (with effect in accordance with s. 55(2)-(5) of the amending Act) by Finance Act 2011 (c. 11), s. 55(1)

Modifications etc. (not altering text)

C1 Ss. 24-30 applied (with modifications) by S.I. 1998/3175, reg. 3(5) (as substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Corporation Tax (Instalment Payments) (Amendment) Regulations 2011 (S.I. 2011/1785), regs. 1(1), 4(8))