Taxation (International and Other Provisions) Act 2010

[F1371VADefinitionsU.K.

This section has no associated Explanatory Notes

In this Part—

  • accounting period”, in relation to a CFC, is to be read in accordance with section 371VB,

  • accounting profits”, in relation to a CFC, is to be read in accordance with sections 371VC and 371VD,

  • arrangement” includes—

    (a)

    any agreement, scheme, transaction or understanding (whether or not legally enforceable), and

    (b)

    a series of arrangements or a part of an arrangement,

  • assumed taxable total profits”, in relation to a CFC, is to be read in accordance with section 371SB(1) to (6),

  • assumed total profits”, in relation to a CFC, is to be read in accordance with section 371SB(9), subject to section 371DA(2),

  • banking business” means the business of—

    (a)

    banking, deposit-taking, money-lending or debt-factoring, or

    (b)

    any activity similar to an activity falling within paragraph (a),

  • CFC” is to be read in accordance with section 371AA(3), subject to sections 371RC and 371RE(2) and regulations under section 371RF(4),

  • the CFC charge” is to be read in accordance with section 371AA(1),

  • chargeable company”, in relation to a CFC's accounting period, means a company which is a chargeable company for the purposes of step 4 in section 371BC(1),

  • chargeable profits”, in relation to a CFC, is to be read in accordance with section 371BA(3),

  • “company” is to be read subject to section 371VE,

  • company tax return” means a return required to be made under Schedule 18 to FA 1998,

  • contract of insurance” has the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001,

  • control” is to be read in accordance with sections 371RB and 371RE, subject to section 371RF,

  • the corporation tax assumptions” is to be read in accordance with section 371SC,

  • creditable tax”, in relation to a CFC, is to be read in accordance with section 371PA,

  • the HMRC Commissioners” means the Commissioners for Her Majesty's Revenue and Customs,

  • insurance business” means the business of effecting or carrying out of contracts of insurance, including the investment of premiums received,

  • intellectual property” means—

    (a)

    any patent, trade mark, registered design, copyright or design right, or

    (b)

    any licence or other right in relation to anything falling within paragraph (a),

  • “interest”, as in an interest in a company, is to be read in accordance with section 371VH,

  • the local tax amount”, in relation to a CFC, means the amount of tax determined at step 2 in section 371NB(1),

  • non-trading finance profits” is to be read in accordance with section 371VG,

  • non-trading income” means income which is not trading income,

  • property business profits” is to be read in accordance with section 371VI,

  • [F2relevant finance lease” is to be read in accordance with section 371VIA,]

  • relevant interest” is to be read in accordance with Chapter 15,

  • tax advantage” has the meaning given by section 1139 of CTA 2010,

  • trading finance profits” is to be read in accordance with section 371VG,

  • trading income”, in relation to a CFC, means income brought into account in determining the CFC's trading profits for the accounting period in question,

  • trading profits”, in relation to a CFC, means any profits included in the CFC's assumed total profits for the accounting period in question on the basis that they would be chargeable to corporation tax under Part 3 of CTA 2009 (trading income),

  • UK connected capital contribution”, in relation to a CFC, means any capital contribution to the CFC made (directly or indirectly) by a UK resident company connected with the CFC (whether in relation to an issue of shares in the CFC or otherwise), and

  • UK permanent establishment”, in relation to a non-UK resident company, means a permanent establishment which the company has in the United Kingdom and through which it carries on a trade in the United Kingdom.]

Textual Amendments

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

F2Words in s. 371VA substituted (retrospective to 1.1.2013) by Finance Act 2013 (c. 29), Sch. 47 paras. 6, 21