(1)The following rules about [F3UK Economic Interest Groupings and] European Economic Interest Groupings apply for the purposes of charging tax in respect of chargeable gains—
Rule 1
A grouping is treated as acting as the agent of its members.
Rule 2
The activities of a grouping are treated as those of its members acting jointly.
Rule 3
Each member of a grouping is treated as having a share of the grouping's property, rights and liabilities.
Rule 4
Any trade or profession carried on by the grouping is treated as carried on in partnership by members of the grouping.
Rule 5
A person is to be regarded as acquiring or disposing of a share of the assets of the grouping not only where there is an acquisition or disposal of assets by the grouping while he is a member of it, but also where he becomes or ceases to be a member of a grouping or there is a change in his share of the property of the grouping.
(2)For the purposes of Rule 3, a member's share of any property, rights or liabilities of a grouping is determined according to the contract under which the grouping is established.
(3)If the contract does not provide for this, the member's share is determined by reference to the share of the profits of the grouping to which the member is entitled under the contract.
(4)If the contract does not provide for this either, the members are treated as having equal shares of the property, rights and liabilities of the grouping.
[F4(5)“European Economic Interest Grouping” means a grouping registered in a member State and formed in pursuance of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the European Economic Interest Grouping as it has effect in EU law.]]
Textual Amendments
F1S. 285A inserted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 341 (with Sch. 2)
F2Words in s. 285A heading inserted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 6(15)(a) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 285A(1) inserted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 6(15)(b) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 285A(5) substituted (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 6(15)(c) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)