PART XIX SUPPLEMENTAL

Interpretation

C1C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37839 Connected persons.

M11

For the purposes of, and subject to, the provisions of the Tax Acts which apply this section, any question whether a person is connected with another shall be determined in accordance with the following provisions of this section (any provision that one person is connected with another being taken to mean that they are connected with one another).

C22

A person is connected with an individual if that person is the individual’s wife or husband, or is a relative, or the wife or husband of a relative, of the individual or of the individual’s wife or husband.

F13

A person, in his capacity as trustee of a settlement, is connected with—

a

any individual who in relation to the settlement is a settlor,

b

any person who is connected with such an individual, and

c

any body corporate which is connected with that settlement.

  • In this subsection “settlement” and “settlor” have the same meaning as in F3Chapter 5 of Part 5 of ITTOIA 2005 (see section 620 of that Act).

3A

For the purpose of subsection (3) above a body corporate is connected with a settlement if—

a

it is a close company (or only not a close company because it is not resident in the United Kingdom) and the participators include the trustees of the settlement; or

b

it is controlled (within the meaning of section 840) by a company falling within paragraph (a) above.

C24

Except in relation to acquisitions or disposals of partnership assets pursuant to bona fide commercial arrangements, a person is connected with any person with whom he is in partnership, and with the wife or husband or relative of any individual with whom he is in partnership.

C25

A company is connected with another company—

a

if the same person has control of both, or a person has control of one and persons connected with him, or he and persons connected with him, have control of the other; or

b

if a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person with whom he is connected.

C26

A company is connected with another person if that person has control of it or if that person and persons connected with him together have control of it.

C27

Any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company as connected with one another and with any person acting on the directions of any of them to secure or exercise control of the company.

C28

In this section—

  • “company” includes any body corporate F2(including an open-ended investment company) or unincorporated association, but does not include a partnership, and this section shall apply in relation to any unit trust scheme as if the scheme were a company and as if the rights of the unit holders were shares in the company;

  • “control” shall be construed in accordance with section 416; and

  • “relative” means brother, sister, ancestor or lineal descendant.

In relation to any period during which section 470(2) has effect the reference above to a unit trust scheme shall be construed as a reference to a unit trust scheme within the meaning of the M2Prevention of Fraud (Investments) Act 1958 or the M3Prevention of Fraud (Investments) Act (Northern Ireland) 1940.