Income and Corporation Taxes Act 1988

5A(1)Paragraph 1(2) above does not apply in computing for any chargeable period the profits and losses of a potentially advantaged person if that person is a company which satisfies the condition in sub-paragraph (2) below.

(2)The condition is that—

(a)the company was dormant throughout the pre-qualifying period, and

(b)apart from paragraph 1 above, the company has continued to be dormant at all times since the end of the pre-qualifying period.

(3)In sub-paragraph (2) above “the pre-qualifying period” means—

(a)if there is an accounting period of the company that ends on 31st 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 paragraph “dormant” has the same meaning as in section 249AA of the Companies Act 1985 (see subsections (4) to (7) of that section).