SCHEDULES

SCHEDULE 16Controlled foreign companies

Part 2Amendment of exempt activities exemption

Qualifying holding companies: treatment during F1three years before 1 July 2012

Annotations:
Amendments (Textual)
F1

Word in Sch. 16 para. 17 substituted (21.7.2009 retrospective) by Finance Act 2011 (c. 11), Sch. 12 paras. 9(5), 14(1)

17

1

In its application in relation to a relevant accounting period of a qualifying holding company, Part 2 of Schedule 25 to ICTA has effect subject to the modifications in this paragraph.

2

Sub-paragraph (4) or (4A) of paragraph 6 applies to a company only if—

a

the condition specified in that sub-paragraph is met, and

b

conditions A and B are met.

3

Condition A is that at all material times the company was a member of a group with the same ultimate corporate parent.

4

For this purpose the following times are “material”—

a

the beginning of 9 December 2008, and

b

all times during the accounting period in question.

5

Condition B is that amount X does not exceed amount Y.

6

Amount X is the amount of the company's gross income in the accounting period in question that is non-qualifying gross income.

7

Amount Y is (subject to sub-paragraph (8))—

a

where there are three reference periods in relation to the company, the greatest of the amounts of the company's non-qualifying gross income in each of those periods,

b

where there are two reference periods in relation to the company, the greater of the amounts of the company's non-qualifying gross income in each of those periods,

c

where there is one reference period in relation to the company, the amount of the company's non-qualifying gross income in that period, or

d

where there is no reference period in relation to the company, the amount of the company's non-qualifying gross income in the period of 12 months ending with 9 December 2008.

8

Where the number of days in the period by reference to which amount X is determined is not the same as the number of days in the period by reference to which amount Y is determined, amount Y is to be multiplied by—

DXDYmath

where—

DX is the number of days in the period by reference to which amount X is determined, and

DY is the number of days in the period by reference to which amount Y is determined.

9

In this paragraph—

  • “non-qualifying gross income” means gross income that does not satisfy the test in paragraph 6(3), (4) or (4A) of Schedule 25 to ICTA;

  • “a reference period”, in relation to a company, means an accounting period of the company that—

    1. a

      is one of the last three accounting periods of the company to end before 9 December 2008, and

    2. b

      is an accounting period in relation to which the company is an exempt holding company.