[F1PART 9AU.K.Controlled foreign companies

Textual Amendments

F1Pt. 9A inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 20 para. 1 (with ss. 56-58)

Chapter 18U.K.Control etc

371RDLegal and economic control: supplementary provisionU.K.

(1)Subsection (2) applies for the purpose of—

(a)determining, in accordance with section 371RB, if a person, or two or more persons, control a company, or

(b)determining if condition X or Y in section 371RC is met in relation to two persons who control a company.

(2)There is to be attributed to each person all the rights and powers mentioned in subsection (3) (so far as they would not otherwise be attributed to the person).

(3)The rights and powers referred to in subsection (2) are—

(a)rights and powers which the person (“P”) is entitled to acquire at a future date or which P will, at a future date, become entitled to acquire,

(b)rights and powers of other persons so far as they fall within subsection (4),

(c)if P is UK resident, rights and powers of any UK resident person who is connected with P, and

(d)if P is UK resident, rights and powers which would, in accordance with subsection (2), be attributed to a UK resident person (“Q”) who is connected with P if Q were P (including rights and powers which would be attributed to Q by virtue of this paragraph).

(4)Rights and powers fall within this subsection so far as they—

(a)are required, or may be required, to be exercised in one or more of the following ways—

(i)on behalf of P,

(ii)under the direction of P, or

(iii)for the benefit of P, and

(b)are not confined, in a case where a loan has been made by one person to another, to rights and powers conferred in relation to property of the borrower by the terms of any security relating to the loan.

(5)In subsections (3)(b) to (d) and (4) references to a person's rights and powers include references to any rights or powers which the person—

(a)is entitled to acquire at a future date, or

(b)will, at a future date, become entitled to acquire.

(6)In determining for the purposes of this section whether one person is connected with another, section 1122(4) of CTA 2010 (as applied by section 371VF(2)(b)) is to be ignored.

(7)In this section and sections 371RB and 371RC references to—

(a)rights and powers of a person, or

(b)rights and powers which a person is or will become entitled to acquire,

include references to rights and powers which are exercisable by that person, or (when acquired by that person) will be exercisable, only jointly with one or more other persons.]

Modifications etc. (not altering text)