Part 5Electricity generator levy

Groups, partnerships and joint ventures

291Qualifying partnerships

1

A “qualifying partnership”, in relation to a generating undertaking, means a partnership that operates a relevant generating station whose partners include—

a

in the case of a generating undertaking that is a company, that company, or

b

in the case of a generating undertaking that is a group, at least one partner who is not a member of the group and at least one partner who is a member of the group.

2

For the purposes of subsection (1) of section 282, the qualifying proportion for a qualifying period in relation to a generating undertaking that is a company and a qualifying partnership in relation to that undertaking is the proportion of the partnership’s profits represented by the undertaking’s share of those profits.

3

For the purposes of that subsection, the qualifying proportion for a qualifying period in relation to a generating undertaking that is a group and a qualifying partnership in relation to that undertaking is the proportion of the partnership’s profits represented by the sum of the shares of those profits of each partner that is a member of the undertaking.

4

Part 17 of CTA 2009 (partnerships) applies for the purposes of this section as it applies for the purposes of corporation tax.