Finance Act 2002

Recovery of section 76 relief from from another group company or controlling director

9 (1) This paragraph applies where—

(a) an amount is payable under section 113 or this Schedule by the acquiring company,

(b) a notice of determination of the amount payable has been issued by the Inland Revenue, and

(c) the whole or part of that amount is unpaid six months after the date on which it became payable.

(2) The following persons may, by notice under paragraph 10, be required to pay the unpaid amount—

(a) any company that at any relevant time was a member of the same group as the acquiring company and was above it in the group structure, and

(b) any person who at any relevant time was a controlling director of the acquiring company or of a company having control of the acquiring company.

(3) For this purpose a “relevant time” means any time between the execution of the relevant instrument and the change of control by virtue of which the liability to pay the amount arises.

(4) In this paragraph—

(a) references to companies being in the same group are to one company having control of the other or both companies being under the control of the same person or persons;

(b) a company is “above” another company in a group structure if it controls—

(i) that company, or

(ii) another company that is above that company in the group structure;

(c) “director”, in relation to a company, has the meaning given by section 168(8) of the Taxes Act 1988 (read with subsection (9) of that section) and includes any person falling within section 417(5) of that Act (read with subsection (6) of that section); and

(d) “controlling director”, in relation to a company, means a director of the company who has control of it.