SCHEDULES

SCHEDULE 17Large businesses: notification of uncertain tax treatment

PART 1Key definitions

6“Financial year”

1

“Financial year”—

a

in relation to a company which is (or is treated as if it is) formed and registered under the Companies Act 2006, has the meaning given by that Act (see section 390 of the Companies Act 2006);

b

in relation to a company to which Chapter 3 of Part 5 of the Overseas Companies Regulations 2009 (S.I. 2009/1801) (companies not required to prepare and disclose accounts under parent law) applies, has the meaning given by regulation 37 of those regulations (which modifies the application of sections 390 to 392 of the Companies Act 2006);

c

in relation to a company to which Chapter 3 of Part 6 of the Overseas Companies Regulations 2009 (institutions not required to prepare and disclose accounts under parent law) applies, has the meaning given by regulation 52 of those regulations (which modifies the application of sections 390 to 392 of the Companies Act 2006);

d

in relation to any other company or a non-UK resident partnership, means any period in respect of which a profit and loss account for the company’s or (as the case may be) the partnership’s undertaking is required to be made up (whether by its constitution or by the law under which it is formed), whether that period is 12 months or not;

e

in relation to a UK resident partnership, means any period of account for which its representative partner has provided, or is required to provide, a partnership statement F4within the meaning of TMA 1970.

2

In this paragraph—

  • “UK resident partnership” means a partnership which is resident in the United Kingdom;

  • “non-UK resident partnership” means a partnership which is not resident in the United Kingdom;

  • “representative partner”, in relation to a UK resident partnership, means

    1. (a)

      F1the partner who is required by a notice served under or by virtue of section 12AA(2) or (3) of TMA 1970 to make and deliver returns to an officer of Revenue and CustomsF2, or

    2. (b)

      F3the nominated partner within the meaning of paragraph 5 of Schedule A1 to TMA 1970.

3

For the purposes of this paragraph a partnership is resident in the territory in which the control and management of the activities of the partnership take place.