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Corporation Tax Act 2009, Section 376 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For the purposes of section 375 and this section, [F1Chapter 2 of Part 10 of CTA 2010 (meaning of “close company”) applies with the omission of section 442(a) (exclusion of non-resident companies)].
(2)A person who is a participator in a company which controls another company is treated for the purposes of section 375 and this section as being a participator in that other company also.
(3)Subject to that, in section 375 and this section “participator”, in relation to a company, means a person who is a participator in the company [F2within the meaning given by section 454 of CTA 2010], but not a person who is [F3such a participator] just because of being a loan creditor of the company.
(4)Section 472 (meaning of “control”) applies for the purposes of section 375 and this section.
(5)In section 375—
“CIS-based close company” means a company which would not be a close company apart from the rights and powers of one or more partners in a CIS limited partnership being attributed to another of the partners under [F4section 451(4) to (6) of CTA 2010 because of section 448(1)(a) of that Act],
“CIS limited partnership” means a limited partnership—
which is a collective investment scheme, or
which would be a collective investment scheme if it were not a body corporate,
“non-qualifying territory” has the meaning given by [F5section 173 of TIOPA 2010],
[F6 “resident for tax purposes” means liable, under the law of the non-qualifying territory, to tax there by reason of domicile, residence or place of management, and ]
“small or medium-sized enterprise” has the meaning given by [F7section 172 of TIOPA 2010].
[F8(6)For the purposes of section 375, a non-qualifying territory is “non-taxing” if companies are not under its law liable to tax by reason of domicile, residence or place of management.]
Textual Amendments
F1Words in s. 376(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. 610(2) (with Sch. 2)
F2Words in s. 376(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. 610(3)(a) (with Sch. 2)
F3Words in s. 376(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. 610(3)(b) (with Sch. 2)
F4Words in s. 376(5) 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. 610(4) (with Sch. 2)
F5Words in s. 376(5) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 128(2) (with Sch. 9 paras. 1-9, 22)
F6Definition in s. 376(5) substituted (with effect in accordance with Sch. 20 para. 9 of the amending Act) by Finance Act 2009 (c. 10), Sch. 20 para. 4(2)
F7Words in s. 376(5) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 128(3) (with Sch. 9 paras. 1-9, 22)
F8S. 376(6) inserted (with effect in accordance with Sch. 20 para. 9 of the amending Act) by Finance Act 2009 (c. 10), Sch. 20 para. 4(3)
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