SCHEDULES
C1C2C3C4C5C6C7C8C9C10C11C12C13SCHEDULE 28AA Provision not at arm’s length
Sch. 28AA applied (with modifications) (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 59(1)(2) (as amended by 2004 c. 12, s. 37, Sch. 5 para. 13) (with Sch. 22 para. 59(4))
Sch. 28AA applied by Finance Act 1996 (c. 8), s. 100 (as substituted (with effect in accordance with s. 79(3) of the 2002 amending Act) by Finance Act 2002 (c. 23), Sch. 23 para. 6 (with s. 81(4)(5), Sch. 23 para. 25))
Sch. 28AA modified by Finance Act 1996 (c. 8), Sch. 9 para. 11A(1) (as inserted (with effect in accordance with s. 79(3) of the 2002 amending Act) by Finance Act 2002 (c. 23), Sch. 23 para. 11 (with s. 81(4)(5), Sch. 23 para. 25))
Sch. 28AA excluded by Finance Act 1996 (c. 8), Sch. 9 para. 12(2ZA) (as inserted (with effect in accordance with s. 37 of the amending Act) by Finance Act 2004 (c. 12), Sch. 5 para. 7(2))
Sch. 28AA modified by Finance Act 1996 (c. 8), Sch. 9 para. 16 (as inserted (with effect in accordance with s. 37 of the amending Act) by Finance Act 2004 (c. 12), Sch. 5 para. 8)
Sch. 28AA excluded by Finance Act 2002 (c. 23), Sch. 26 para. 28(3A) (as inserted (with effect in accordance with s. 37 of the amending Act) by Finance Act 2004 (c. 12), Sch. 5 para. 15(2))
Sch. 28AA modified by Finance Act 2002 (c. 23), Sch. 26 para. 31A (as inserted (with effect in accordance with s. 37 of the amending Act) by Finance Act 2004 (c. 12), Sch. 5 para. 15(3))
Sch. 28AA excluded by Finance Act 2002 (c. 23), Sch. 29 para. 55(1A) (as inserted (with effect in accordance with s. 37 of the amending Act) by Finance Act 2004 (c. 12), Sch. 5 para. 16(2))
Sch. 28AA excluded (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by Corporation Tax Act 2009 (c. 4), ss. 340(7), 625(7), 694(8)-(10), 775(3) (with ss. 628, 629, 636, Sch. 2 Pts. 1, 2)
Sch. 28AA applied (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by Corporation Tax Act 2009 (c. 4), ss. 445-447 (with Sch. 2 Pts. 1, 2)
Sch. 28AA excluded (1.12.2009 with effect in accordance with reg. 1(2) of the affecting S.I.) by The Mutual Societies (Transfers of Business) (Tax) Regulations 2009 (S.I. 2009/2971), regs. 1(1), 19(6), 22(6) (with regs. 19(7)(10)(11), 22(7)(9)(10))
Sch. 28AA excluded (1.1.2010) by The Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 4(3), 6(2)
Meaning of “small enterprise” and “medium-sized enterprise”
5D
1
In this Schedule—
a
“small enterprise” means a small enterprise as defined in the Annex to the Commission Recommendation,
b
“medium-sized enterprise” means an enterprise which—
i
falls within the category of micro, small and medium-sized enterprises as defined in that Annex, and
ii
is not a small enterprise as defined in that Annex,
but for these purposes that Annex has effect with the modifications set out in sub-paragraphs (3) to (6) of this paragraph.
2
In this paragraph—
“the Annex” means the Annex to the Commission Recommendation;
“the Commission Recommendation” means Commission Recommendation 2003/361/EC of 6th May 2003 (concerning the definition of micro, small and medium-sized enterprises).
3
Where any enterprise is in liquidation or administration, the rights of the liquidator or administrator (in that capacity) shall be left out of account when applying Article 3(3)(b) of the Annex in determining for the purposes of this Schedule whether—
a
that enterprise, or
b
any other enterprise (including that of the liquidator or administrator),
is a small or medium-sized enterprise.
4
Article 3 of the Annex shall have effect with the omission of paragraph 5 (declaration in good faith where control cannot be determined etc).
5
The first sentence of Article 4(1) of the Annex shall have effect as if the data to apply to—
a
the headcount of staff, and
b
the financial amounts,
were the data relating to the chargeable period in paragraph 5B(1) above (instead of the period described in that sentence) and calculated on an annual basis.
6
Article 4 of the Annex shall have effect with the omission of the following provisions—
a
the second sentence of paragraph 1 (data to be taken into account from date of closure of accounts);
b
paragraph 2 (no change of status unless ceilings exceeded for two consecutive periods);
c
paragraph 3 (bona fide estimate in case of newly established enterprise).
Sch. 28AA modified (28.7.2000) by Finance Act 2000 (c. 17), Sch. 22 para. 58(1) (as amended by 2004 c. 12, s. 37, Sch. 5 para. 12) (with Sch. 22 para. 58(3))