Finance Act 2014

PART 2 U.K. Meeting the threshold conditions: bodies corporate [F1 and partnerships]

Textual Amendments

F1 Words in Sch. 34 heading inserted (with effect in accordance with Sch. 19 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 19 para. 4(2)

[F2 Interpretation U.K.

Textual Amendments

F2 Sch. 34 paras. 13A-13D and cross-headings substituted for Sch. 34 para. 13 (with effect in accordance with Sch. 19 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 19 para. 4(3)

13A (1) This paragraph contains definitions for the purposes of this Part of this Schedule. U.K.

(2) Each of the following is a “relevant body”—

(a) a body corporate, and

(b) a partnership.

(3) “Relevant time” means the time referred to in section 237(1A) (duty to give conduct notice to person treated as meeting threshold condition).

(4) “Relevant threshold condition” means a threshold condition specified in any of the following paragraphs of this Schedule—

(a) paragraph 2 (deliberate tax defaulters);

(b) paragraph 4 (dishonest tax agents);

(c) paragraph 6 (criminal offences);

(d) paragraph 7 (opinion notice of GAAR advisory panel);

(e) paragraph 8 (disciplinary action against a member of a trade or profession);

(f) paragraph 9 (disciplinary action by regulatory authority);

(g) paragraph 10 (failure to comply with information notice).

(5) A person controls a body corporate if the person has power to secure that the affairs of the body corporate are conducted in accordance with the person's wishes—

(a) by means of the holding of shares or the possession of voting power in relation to the body corporate or any other relevant body,

(b) as a result of any powers conferred by the articles of association or other document regulating the body corporate or any other relevant body, or

(c) by means of controlling a partnership.

(6) A person controls a partnership if the person is a controlling member or the managing partner of the partnership.

(7) “Controlling member” has the same meaning as in Schedule 36 (partnerships).

(8) “Managing partner”, in relation to a partnership, means the member of the partnership who directs, or is on a day-to-day level in control of, the management of the business of the partnership.]

[F2 Treating persons under another's control as meeting a threshold condition U.K.

13B (1) A relevant body (“RB”) is treated as meeting a threshold condition at the relevant time if— U.K.

(a) the threshold condition was met by a person (“C”) at a time when—

(i) C was carrying on a business as a promoter, or

(ii) RB was carrying on a business as a promoter and C controlled RB, and

(b) RB is controlled by C at the relevant time.

(2) Where C is an individual sub-paragraph (1) applies only if the threshold condition mentioned in sub-paragraph (1)(a) is a relevant threshold condition.

(3) For the purposes of determining whether the requirements of sub-paragraph (1) are met by reason of meeting the requirement in sub-paragraph (1)(a)(i), it does not matter whether RB existed at the time when the threshold condition was met by C.]

[F2 Treating persons in control of others as meeting a threshold condition U.K.

13C (1) A person other than an individual is treated as meeting a threshold condition at the relevant time if— U.K.

(a) a relevant body (“A”) met the threshold condition at a time when A was controlled by the person, and

(b) at the time mentioned in paragraph (a) A, or another relevant body (“B”) which was also at that time controlled by the person, carried on a business as a promoter.

(2) For the purposes of determining whether the requirements of sub-paragraph (1) are met it does not matter whether A or B (or neither) exists at the relevant time.]

[F2 Treating persons controlled by the same person as meeting a threshold condition U.K.

13D (1) A relevant body (“RB”) is treated as meeting a threshold condition at the relevant time if— U.K.

(a) RB or another relevant body met the threshold condition at a time (“time T”) when it was controlled by a person (“C”),

(b) at time T, there was a relevant body controlled by C which carried on a business as a promoter, and

(c) RB is controlled by C at the relevant time.

(2) For the purposes of determining whether the requirements of sub-paragraph (1) are met it does not matter whether—

(a) RB existed at time T, or

(b) any relevant body (other than RB) by reason of which the requirements of sub-paragraph (1) are met exists at the relevant time.]