Advance corporation taxU.K.
14 Advance corporation tax and qualifying distributions.U.K.
(1)M1Subject to section 247, where a company resident in the United Kingdom makes a qualifying distribution it shall be liable to pay an amount of corporation tax (“advance corporation tax”) in accordance with subsection (3) below.
(2)M2In this Act “qualifying distribution” means any distribution other than—
(a)a distribution which, in relation to the company making it, is a distribution by virtue only of section 209(2)(c); or
(b)a distribution consisting of any share capital or security which the company making the distribution has directly or indirectly received from the company by which the share capital or security was issued and which, in relation to the latter company, is a distribution by virtue only of section 209(2)(c).
(3)M3Subject to [F1sections 241 and 246F], for the financial year 1988 and any subsequent financial year advance corporation tax shall be payable on an amount equal to the amount or value of the distribution, and shall be so payable at a rate which shall be fixed by the fraction—
where I [F2for the financial year 1993 is 22.5 and for any subsequent financial year is the percentage at which income tax at the lower rate] is charged for the year of assessment which begins on 6th April in that financial year.
(4)M4The provisions of this Act as to the charge, calculation and payment of corporation tax (including provisions conferring any exemption) shall not be construed as affecting the charge, calculation or payment of advance corporation tax, and the Corporation Tax Acts shall apply for the purposes of advance corporation tax whether or not they are for the time being applicable for the purposes of corporation tax other than advance corporation tax.
(5)Part VI contains further provisions relating to advance corporation tax and company distributions.
Textual Amendments
F1Words in s. 14(3) substituted (3.5.1994) by Finance Act 1994 (c. 9), s. 138, Sch. 16 para. 2
F2Words in s. 14(3) substituted (with effect as mentioned in s. 78(2) of the amending Act) by 1993 c. 34, s. 78(1)(2)
Modifications etc. (not altering text)
C1 For rates see Table J Vol.1.
C2 See 1980 s.117and Sch.18—demergers.
Marginal Citations
M1SOURCE-1972 s. 84(1)
M2SOURCE-1972 s. 84(4)
M3SOURCE-1972 s. 84(2); 1986 s. 17(1), (5)
M4SOURCE-1972 s. 111(2)