Modifications etc. (not altering text)
C1Pt. IV: power to modify conferred (7.4.2005) by Finance Act 2005 (c. 7), s. 21(8)-(10)
Modifications etc. (not altering text)
C2Pt. IV Ch. II modified (1.1.1999) by The European Single Currency (Taxes) Regulations 1998 (S.I. 1998/3177), regs. 1, 39
C3Pt. IV Ch. II modified (with effect in accordance with s. 63(4) of the amending Act) by Finance Act 2000 (c. 17), Sch. 15 para. 88
Textual Amendments
F1Ss. 140H-140L and cross-heading inserted (with effect in accordance with reg. 3(3) of the amending S.I.) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (S.I. 2007/3186), reg. 1(2), Sch. 3 para. 1 (with S.I. 2008/1579, reg. 4(2))
(1)In sections 140A to 140K [F2and this section], unless the contrary intention appears—
(a)“the Mergers Directive” means Council Directive [F32009/133/EC,]
(b)“company” means an entity listed as a company in [F4Part A of Annex I] to the Mergers Directive, and
(c)“transparent entity” means an entity which is resident in a member State other than the United Kingdom and is listed as a company in [F4Part A of Annex I] to the Mergers Directive, but—
(i)does not have an ordinary share capital (within the meaning given by [F5section 1119 of CTA 2010]), and
(ii)if it were resident in the United Kingdom, would not be capable of being a company within the meaning given by the Companies Act 2006.
(2)For the purposes of those sections and subsection (1) above, a company is resident in a member State if—
(a)it is within a charge to tax under the law of the State as being resident for that purpose, and
(b)it is not regarded, for the purpose of any double taxation relief arrangements to which the State is a party, as resident in a territory not within a member State.]
Textual Amendments
F2Words in s. 140L(1) inserted (with effect in accordance with reg. 3 of the amending S.I.) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2008 (S.I. 2008/1579), reg. 1(2), Sch. 1 para. 7
F3Words in s. 140L(1)(a) substituted (1.7.2011) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2011 (S.I. 2011/1431), regs. 1(2), 2(3)(a)
F4Words in s. 140L(1)(b)(c) substituted (1.7.2011) by The Corporation Tax (Implementation of the Mergers Directive) Regulations 2011 (S.I. 2011/1431), regs. 1(2), 2(3)(b)
F5Words in s. 140L(1)(c)(i) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 235 (with Sch. 2)