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6(1)“Group” means two or more relevant bodies which together constitute—U.K.
(a)an MNE Group (see paragraph 7), or
(b)a group other than an MNE group (see paragraph 8).
(2)“UK group” means a group whose head is a relevant body incorporated in the United Kingdom.
(3)“Foreign group” means a group whose head is a foreign relevant body.
(4)For the purposes of sub-paragraphs (2) and (3) it is immaterial where other members of the group are incorporated.
7(1)“MNE Group” has the same meaning (subject to sub-paragraph (2) below) as in the OECD Model Legislation in the OECD Country-by-Country Reporting Implementation Package as contained in the OECD's Guidance on Transfer Pricing Documentation and Country-by-Country Reporting published in 2014.U.K.
(2)Paragraph (ii) (excluded MNE Group) of the Implementation Package is not part of the definition applied by sub-paragraph (1) above for the purposes of this Schedule.
(3)In sub-paragraph (1) “OECD” means the Organisation for Economic Co-operation and Development.
8(1)A “group other than an MNE group” means a group consisting of two or more relevant bodies—U.K.
(a)each of which is a member of the group by virtue of sub-paragraph (3) or (4),
(b)at least two of which are UK companies,
which is not an MNE Group.
(2)For the purposes of the condition in sub-paragraph (1)(b) a UK permanent establishment of a foreign member of a group is to be treated as if it were a UK company and a member of the group.
(3)A relevant body is a member of a group if—
(a)another relevant body is its 51% subsidiary, or
(b)it is a 51% subsidiary of another relevant body.
(4)Two relevant bodies are members of the same group if—
(a)one is a 51% subsidiary of the other, or
(b)both are 51% subsidiaries of another relevant body.
(5)Chapter 3 of Part 24 of CTA 2010 (meaning of 51% subsidiary) applies for the purposes of this Schedule as it applies for the purposes of the Corporation Tax Acts (but with the modification in sub-paragraph (6)).
(6)It applies as if references to a body corporate were references to a relevant body.
9U.K.A group is headed by whichever relevant body within the group is not a 51% subsidiary of another relevant body within the group (and “head”, in relation to the group, means that body).