Part 4Transfer pricing

CHAPTER 3Exemptions from basic rule

165Exemption for dormant companies

1

Section 147(3) and (5) do not apply in calculating for any chargeable period the profits and losses of a potentially advantaged person if that person is a company which meets the condition in subsection (2).

2

The condition is that—

a

the company was dormant throughout the pre-qualifying period, and

b

apart from section 147, the company has continued to be dormant at all times since the end of the pre-qualifying period.

3

In subsection (2) “the pre-qualifying period” means—

a

if there is an accounting period of the company that ends on 31 March 2004, that accounting period, or

b

if there is no such accounting period, the period of 3 months ending with that date.

4

In this section “dormant” has the meaning given by section 1169 of the Companies Act 2006.