Income and Corporation Taxes Act 1988

5B(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 small or medium-sized enterprise for that chargeable period (see paragraph 5D below).

(2)Exceptions to sub-paragraph (1) above are provided—

(a)in the case of a small enterprise, by sub-paragraphs (3) and (4) below, and

(b)in the case of a medium-sized enterprise, by sub-paragraphs (3) and (4) and paragraph 5C below.

(3)The first exception is where the small or medium-sized enterprise elects for sub-paragraph (1) above not to apply in relation to the chargeable period.

Any such election is irrevocable.

(4)The second exception is where, at the time when the actual provision is or was made or imposed,—

(a)the other affected person, or

(b)a party to a relevant transaction (see sub-paragraph (5) below),

is a resident (see sub-paragraph (6) below) of a non-qualifying territory (whether or not that person is also a resident of a qualifying territory).

(5)For the purposes of sub-paragraph (4) above, a “party to a relevant transaction” is a person who, in a case where the actual provision is or was imposed by means of a series of transactions, is or was a party to one or more of those transactions.

(6)In this paragraph “resident”, in relation to a territory,—

(a)means a person who, under the laws of that territory, is liable to tax there by reason of his domicile, residence or place of management, but

(b)does not include a person who is liable to tax in that territory in respect only of income from sources in that territory or capital situated there.

(7)The definitions of “qualifying territory” and “non-qualifying territory” are in paragraph 5E below.

Modifications etc. (not altering text)