Finance Act 2009

18 (1) In this Schedule— U.K.

• “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006) but does not include a company that is an open-ended investment company (within the meaning of [F1 section 613 of CTA 2010]) or an investment trust (within the meaning of [F2 section 1158 of CTA 2010]);

• “financial year”, in relation to a company, has the same meaning as in the Companies Act 2006 (see section 390 of that Act);

• “HMRC” means Her Majesty's Revenue and Customs;

• “period for filing”, in relation to accounts, has the same meaning as in the Companies Acts (see section 442 of the Companies Act 2006);

• “relevant body” means a company or other body corporate but does not include a limited liability partnership;

• “tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.

(2) For the purposes of this Schedule—

(a) a relevant body is a member of a group if—

(i) another relevant body is its 51 per cent subsidiary, or

(ii) it is a 51 per cent subsidiary of another relevant body, and

(b) two relevant bodies are members of the same group if—

(i) one is a 51 per cent subsidiary of the other, or

(ii) both are 51 per cent subsidiaries of a third relevant body.

(3) [F3 Chapter 3 of Part 24 of CTA 2010] (meaning of “51 per cent subsidiary”) applies for the purposes of this Schedule as it applies for the purposes of the Corporation Tax Acts (subject to the modification in sub-paragraph (4)).

(4) It applies as if references in that [F4 Chapter] to a body corporate were to a relevant body.

Textual Amendments

F1 Words in Sch. 46 para. 18(1) 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. 721(2)(a) (with Sch. 2)

F2 Words in Sch. 46 para. 18(1) 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. 721(2)(b) (with Sch. 2)

F3 Words in Sch. 46 para. 18(3) 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. 721(3) (with Sch. 2)

F4 Word in Sch. 46 para. 18(4) 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. 721(4) (with Sch. 2)