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Corporation Tax Act 2010, Section 357GE is up to date with all changes known to be in force on or before 03 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Part—
“invention”, in relation to a right to which this Part applies, means the item or process in respect of which the right is granted,
“item” includes any substance,
“the OECD Model Tax Convention” means—
the version of the Model Tax Convention on Income and on Capital published in July 2010 by the Organisation for Economic Co-operation and Development (“the OECD”), or
such other document approved and published by the OECD in place of that (or a later) version or in place of that Convention as is designated for the time being by order made by the Treasury,
“the OECD transfer pricing guidelines” [F2has the same meaning as “the transfer pricing guidelines” in section 164 of TIOPA 2010]
[F3“ payment ” includes payment in money's worth.]
F4...
[F5(1A)In Chapters 3 and 4 of this Part “qualifying residual profit” of a trade, in relation to any accounting period, is the amount obtained by the application of Steps 1 to 4 in section 357C or (as the case may be) section 357DA in relation to the trade for the accounting period.]
(2)Any reference in this Part to calculating the profits of a trade of a company for an accounting period is a reference to calculating those profits for corporation tax purposes (and any reference to the profits or losses of a trade of a company for an accounting period is to be read accordingly).]
Textual Amendments
F1Pt. 8A inserted (with effect in accordance with Sch. 2 paras. 7, 8 of the amending Act) by Finance Act 2012 (c. 14), Sch. 2 para. 1(1)
F2Words in s. 357GE(1) substituted (with effect in accordance with s. 75(4) of the amending Act) by Finance Act 2016 (c. 24), s. 75(2)
F3Words in s. 357GE(1) inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 9 para. 23(2)(a)
F4Words in s. 357GE(1) omitted (15.9.2016) by virtue of Finance Act 2016 (c. 24), Sch. 9 para. 23(2)(b)
F5S. 357GE(1A) inserted (15.9.2016) by Finance Act 2016 (c. 24), Sch. 9 para. 23(3)
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