SCHEDULES

SCHEDULE 19Large businesses: tax strategies and sanctions

PART 1Interpretation

5“Qualifying company”

1

A UK company is a “qualifying company” in any financial year (subject to any regulations under sub-paragraph (5)) if sub-paragraph (2) or (3) applies to it.

2

This sub-paragraph applies to the company if, at the end of the previous financial year—

a

it satisfied the qualification test for a UK company, and

b

was not a member of a UK group or a UK sub-group.

3

This sub-paragraph applies to the company if, at the end of the previous financial year—

a

it was a member of a foreign group,

b

the group met the qualification test for a group, and

c

it was not a member of a UK sub-group of that foreign group.

4

The qualification test for a UK company is that the company satisfied either or both of the following conditions (by reference to the previous financial year)—

1. The company’s turnover

More than £200 million

2. The company’s balance sheet total

More than £2 billion.

5

The Treasury may by regulations provide that a company of a description specified in the regulations is not a qualifying company for the purposes of this Schedule (or any such purpose specified in the regulations).

6

For the purposes of this paragraph a UK permanent establishment of a foreign relevant body is to be treated as if it were—

a

a UK company, and

b

if the foreign relevant body is a member of a UK group or a UK sub-group, a member of that group or sub-group.