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The Corporation Tax (Financing Costs and Income) Regulations 2009

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Appointment of authorised company

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4.—(1) An appointment under paragraph 17 of Schedule 15 must be made in accordance with this regulation.

(2) The company seeking to be appointed (“the applicant company”) must make an application in writing to an officer of Revenue and Customs at least 3 months before the time specified in paragraph 19(2) of Schedule 15 (submission of statement of allocated disallowances).

(3) The application must be sent to the tax office that deals with the corporation tax affairs of the applicant company.

(4) The application must specify—

(a)the name and the tax office reference of the applicant company,

(b)the names and the tax office references of the other companies to which Part 3 of Schedule 15 applies,

(c)the first period of account of the worldwide group in relation to which the appointment is to apply, and

(d)except in relation to the ultimate parent, the name of the immediate parent of the applicant company and each of the other companies to which Part 3 of Schedule 15 applies.

(5) The application must contain a statement by the applicant company and by each of the other companies to which Part 3 of Schedule 15 applies—

(a)that the appointment is made under paragraph 17 of Schedule 15,

(b)that the applicant company will act on behalf of all the companies to which Part 3 of Schedule 15 applies for all relevant periods of account for which the appointment has effect,

(c)that no application will be made by a company to amend its company tax return in relation to a financing expense amount specified under paragraph 21(4)(b) of Schedule 15 other than through a revised statement submitted by the applicant company in accordance with paragraph 20 of Schedule 15, and

(d)agreeing to be bound by any statement of allocated disallowances or revised statement delivered by the applicant company.

(6) The application must be accompanied by a specimen copy of a statement of allocated disallowances that the applicant company proposes to submit in relation to the relevant period of account.

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