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PART IIU.K.[F1PROVISIONS RELATING TO THE SCHEDULE A CHARGE]

Textual Amendments

F1Pt. 2 heading substituted (with effect as mentioned in s. 38(2)(3) of the amending Act) by Finance Act 1998 (c. 36), s. 38(1), Sch. 5 para. 3 (with Sch. 5 para. 73)

GeneralU.K.

[F221C The Schedule A charge and mutual business.U.K.

(1)The following provisions have effect for the purpose of applying the charge to tax under Schedule A in relation to mutual business.

(2)The transactions or relationships involved in mutual business are treated as if they were transactions or relationships between persons between whom no relationship of mutuality existed.

(3)Any surplus arising from the business is regarded as a profit (and any deficit as a loss) if it would be so regarded if the business were not mutual.

(4)The person—

(a)to whom the profit arises for corporation tax purposes, or

(b)who is regarded as receiving or entitled to the profit for income tax purposes,

is the person who would satisfy that description if the business were not mutual business.

(5)Nothing in this section affects the operation of section 488 (co-operative housing associations).]

Textual Amendments

F2S. 21C inserted (with effect as mentioned in s. 38(2)(3) of the amending Act) by Finance Act 1998 (c. 36), s. 38(1), Sch. 5 para. 5 (with Sch. 5 paras. 73, 76)