(1)If a company (which satisfies the requirement in section 106(1)) gives a notice under this section specifying an accounting period from the beginning of which this Part is to apply to the company, this Part shall apply to the company from the beginning of that accounting period.
(2)A notice—
(a)must be given in writing to the Commissioners for Her Majesty's Revenue and Customs,
(b)must be given before the beginning of the specified accounting period,
(c)must be accompanied by a statement by the company that Conditions 1 to 6 in section 106 are reasonably expected to be satisfied in respect of the company throughout the specified accounting period, and
(d)must contain such other information, and be accompanied by such other documents, as may be prescribed by regulations made by the Commissioners for Her Majesty's Revenue and Customs.
[F1(2A)Subsection (2B) applies where a company—
(a)does not expect to satisfy Condition 3 of section 106 on the first day of an accounting period, but
(b)reasonably expects to satisfy that Condition throughout the rest of the accounting period.
(2B)Where this subsection applies—
(a)subsection (2)(c) does not apply, but
(b)the notice under subsection (1) must be accompanied by a statement by the company containing the assertions specified in subsection (2C).
(2C)Those assertions are—
(a)that Conditions 1, 2, 4, 5 and 6 of section 106 are reasonably expected to be satisfied in respect of the company throughout the specified accounting period, and
(b)that Condition 3 of section 106 is reasonably expected to be satisfied in respect of the company for at least a part of the first day of the specified accounting period, and throughout the remainder of that period.]
[F2(3)Subsection (4) applies where a company—
(a)does not expect to satisfy Condition 4 of section 106 on the first day of an accounting period, F3... but
(b)reasonably expects to satisfy that Condition throughout the rest of the accounting period in reliance on section 415(1)(b) of ICTA.
(4)Where this subsection applies—
(a)subsection (2)(c) does not apply, but
(b)the notice under subsection (1) must be accompanied by a statement by the company containing the assertions specified in subsection (5).
(5)Those assertions are—
(a)that Conditions 1, 2, [F43,] 5 and 6 of section 106 are reasonably expected to be satisfied in respect of the company throughout the specified accounting period,
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , and
(c)that Condition 4 of section 106 is reasonably expected to be satisfied in respect of the company throughout all of the specified accounting period apart from the first day.]
[F6(6)A company may take advantage both of subsections (2A) to (2C) and of subsections (3) to (5) (in which case the assertion under subsection (2C)(a) should omit reference to Condition 4 and the assertion under subsection (5)(a) should omit reference to Condition 3.]
Textual Amendments
F1S. 109(2A)-(2C) inserted (with effect in accordance with Sch. 34 para. 5(6) of the amending Act) by Finance Act 2009 (c. 10), Sch. 34 para. 5(2)
F2S. 109(3)-(5) inserted (with effect as mentioned in s. 52(2) of the amending Act) by Finance Act 2007 (c. 11), s. 52, Sch. 17 para. 5
F3Words in s. 109(3) omitted (with effect in accordance with Sch. 34 para. 5(6) of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 34 para. 5(3)
F4Word in s. 109(5) inserted (with effect in accordance with Sch. 34 para. 5(6) of the amending Act) by Finance Act 2009 (c. 10), Sch. 34 para. 5(4)(a)
F5S. 109(5)(b) omitted (with effect in accordance with Sch. 34 para. 5(6) of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 34 para. 5(4)(b)
F6S. 109(6) inserted (with effect in accordance with Sch. 34 para. 5(6) of the amending Act) by Finance Act 2009 (c. 10), Sch. 34 para. 5(5)