Part 23Company distributions

Chapter 4Special rules for distributions made by certain companies

Companies not carrying on a business

1071Companies not carrying on a business

1

This section applies if a company meets conditions A, B and C.

2

Condition A is that the company does not carry on, and has never carried on—

a

a trade, or

b

a business of holding investments.

3

Condition B is that the company does not hold, and has never held, an office.

4

Condition C is that the company is not established for purposes which include—

a

carrying on a trade,

b

carrying on a business of holding investments, or

c

holding an office.

5

The provisions of the Corporation Tax Acts relating to distributions apply to distributions made by the company only so far as the distributions are made out of—

a

profits of the company which are brought into charge to corporation tax, or

b

franked investment income.

6

In subsection (5) “profits” means income and chargeable gains.