SCHEDULES

F1F1F2SCHEDULE A2Corporation tax: the non-corporate distribution rate: supplementary provisions

Annotations:
Amendments (Textual)
F1

Sch. A2 repealed (with effect in accordance with s. 26(8)-(11) of the repealing Act) by Finance Act 2006 (c. 25), s. 26(2), Sch. 26 Pt. 3(1), Note

F2

Sch. A2 inserted (with effect in accordance with s. 28(4)(5) of the amending Act) by Finance Act 2004 (c. 12), s. 28(2)(6), Sch. 3

Part 3Other supplementary provisions

Definition of a group

14

1

For the purposes of section 13AB and this Schedule a company and all its 51% subsidiaries form a group, and if any of those subsidiaries have 51% subsidiaries the group includes them and their 51% subsidiaries, and so on.

2

The question whether a company is a 51% subsidiary shall be determined in accordance with section 838, subject to the following provisions.

3

A company (“company A”) shall be treated for the purposes of this Schedule as if it were a 51% subsidiary of another company (“company B”) if company B has rights to, or in fact receives, more than 50% of the distributions made by company A.

4

For the purposes of this paragraph a company shall be treated as not being the owner—

a

of any share capital that it owns directly if a profit on the sale of the shares would be treated as a trading receipt of its trade, or

b

of any share capital that it owns indirectly and that is owned directly by a body corporate for which a profit on the sale of the shares would be treated as a trading receipt of its trade.