- a chargeable payment
means any payment which—
- a Northern Ireland additional deduction
means so much of a deduction under section 1218ZCE of CTA 2009 (claim for additional deduction) as is calculated by reference to qualifying expenditure that is Northern Ireland expenditure.
- a pre-completion period
has the same meaning as in section 1216DA of CTA 2009 (see section 1216D(2) of that Act).
- a question as to the application of Chapter 3 or 4
means question A, B or C.
- a relevant risk
means a risk that the relevant group would make economic losses in one or more accounting periods of company A as a result of fluctuations in—
- abandonment guarantee
has the same meaning as it has for the purposes of section 3 of OTA 1975 (see section 104 of FA 1991), and • “the guarantor” and “the relevant participator” have the same meaning as in section 104 of that Act.
- abandonment programme
means an abandonment programme approved under Part 4 of the Petroleum Act 1998 (including such a programme as revised), and • “security” has the same meaning as in section 38A of that Act.
- acceptable accounting practice
means— (a) international accounting standards, (b) UK generally accepted accounting practice, or (c) accounting practice which is generally accepted in the country in which Y is resident.
- accompanying individual
means an individual accompanying a person who—
- accountancy rental earnings
has the meaning given by section 897(1), • “accountancy rental excess” is to be read— (a) for the purposes of Chapter 2, in accordance with section 907(1) to (4), and (b) for the purposes of Chapter 3, in accordance with section 907(1) to (4), as it has effect as a result of section 929, • “asset” means any form of property or rights, • “asset representing the leased asset” is to be read in accordance with section 934, • “cumulative accountancy rental excess” is to be read— (a) for the purposes of Chapter 2, in accordance with section 907(5), and (b) for the purposes of Chapter 3, in accordance with section 907(5) as it has effect as a result of section 929, • “cumulative normal rental excess” is to be read— (a) for the purposes of Chapter 2, in accordance with section 909(5), and (b) for the purposes of Chapter 3, in accordance with section 909(5) as it has effect as a result of section 929, • “the current lessor”, in relation to a lease of an asset, means the person who is for the time being entitled to the lessor's interest under the lease, • “finance lessor” means a person who for accounting purposes is treated, in accordance with generally accepte
- accounting date
means the date to which a company makes up its accounts, • “accounting period” is to be read in accordance with Chapter 2 of Part 2 of CTA 2009, • “Act” includes Northern Ireland legislation, • “allowable loss”, in relation to corporation tax in respect of chargeable gains, has the same meaning as in TCGA 1992 (see section 288(1) of that Act), • “authorised unit trust” has the same meaning as in Chapter 2 of Part 13 (see sections 616 and 619), • “bank” is to be read in accordance with section 1120, • “basic rate” means the rate of income tax determined in pursuance of section 6(2) of ITA 2007, • “body of persons” means any body politic, corporate or collegiate and any company, fraternity, fellowship and society of persons whether corporate or not corporate, • “branch or agency” means any factorship, agency, receivership, branch or management, • “building society” means a building society within the meaning of the Building Societies Act 1986, • “capital allowance” means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “charge
- accounting period 2
means the accounting period following accounting period 1, • “accounting period 3” means the accounting period following accounting period 2, and • “the relevant period” means the period consisting of accounting period 1, accounting period 2 and accounting period 3.
- accounting period 3
means the accounting period following accounting period 2, and • “the relevant period” means the period consisting of accounting period 1, accounting period 2 and accounting period 3.
- acquired
includes brought into use or made available for use for the first time for the purposes of the business, and
- Act
includes Northern Ireland legislation, • “allowable loss”, in relation to corporation tax in respect of chargeable gains, has the same meaning as in TCGA 1992 (see section 288(1) of that Act), • “authorised unit trust” has the same meaning as in Chapter 2 of Part 13 (see sections 616 and 619), • “bank” is to be read in accordance with section 1120, • “basic rate” means the rate of income tax determined in pursuance of section 6(2) of ITA 2007, • “body of persons” means any body politic, corporate or collegiate and any company, fraternity, fellowship and society of persons whether corporate or not corporate, • “branch or agency” means any factorship, agency, receivership, branch or management, • “building society” means a building society within the meaning of the Building Societies Act 1986, • “capital allowance” means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “chargeable gain” has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to
- adjustment for the loss-absorbing capacity of deferred taxes
means—
- adopted by the European Commission
means adopted by the European Commission in accordance with Regulation (EC) No 1606/2002 of the European Parliament and the Council of 19 July 2002 on the application of international accounting standards (as it has effect in EU law), • “IAS accounts” means accounts prepared in accordance with international accounting standards, and • “UK companies” means companies incorporated or formed under the law of a part of the United Kingdom.
- adopted by the United Kingdom
means adopted for use within the United Kingdom by virtue of Chapter 2 or 3 of Part 2 of the International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019, • “adopted by the European Commission” means adopted by the European Commission in accordance with Regulation (EC) No 1606/2002 of the European Parliament and the Council of 19 July 2002 on the application of international accounting standards (as it has effect in EU law), • “IAS accounts” means accounts prepared in accordance with international accounting standards, and • “UK companies” means companies incorporated or formed under the law of a part of the United Kingdom.
- affected distribution
means however much of a distribution made in respect of shares representing the bonus share capital—
- affected transaction
means a transaction within—
- agricultural society
means any society or institution established for the purpose of promoting the interests of—
- AIF
has the meaning given in regulation 3 of the Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773).
- allowable expenditure
means expenditure which, immediately before the disposal, was attributable to the asset under section 38(1)(a) to (c) of TCGA 1992;
- allowable loss
has the same meaning as in Part 1 of OTA 1975 (see section 2 of that Act), • “the appropriate repayment” has the meaning given by paragraph 17(2) of Schedule 2 to that Act, • “carried back loss”, in relation to the appropriate repayment, means an allowable loss— (a) which falls within paragraph 17(1)(a) of Schedule 2 to OTA 1975, and (b) which (alone or together with one or more other carried back losses) gives rise to the appropriate repayment, • “the operative chargeable period”, in relation to a carried back loss, means the chargeable period in which the loss accrued, and • “the relevant accounting period”, in relation to the company which is entitled to the appropriate repayment, means— (a) the accounting period in or at the end of which the operative chargeable period ends, (b) if the company ceases to carry on its ring fence trade before the end of the operative chargeable period, the last accounting period of that trade, or (c) if the company ceases to be within the charge to corporation tax in respect of that trade before the end of the operative chargeable period, the accounting period during or at the end of which the company ceased to be within the charg
- alternative finance arrangements
means arrangements to which any of the following applies— (a) section 503 of CTA 2009 (purchase and resale arrangements), (b) section 505 of that Act (deposit arrangements), (c) section 506 of that Act (profit share agency arrangements), and • “alternative finance return” has the meaning given by section 511 and 513(1) and (2) of that Act.
- alternative finance return
means alternative finance return within the application of—
- an amount of insignificant value
means an amount of value which—
- any other corporate partner
means a company which—
- approved
means— (a) in relation to an SAYE option scheme, approved under Schedule 3 to ITEPA 2003, and (b) in relation to a CSOP scheme, approved under Schedule 4 to ITEPA 2003.
- approved charitable investment
means an investment—
- arrangement
includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).
- arrangements
includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).
- asset
means any form of property or rights, • “asset representing the leased asset” is to be read in accordance with section 934, • “cumulative accountancy rental excess” is to be read— (a) for the purposes of Chapter 2, in accordance with section 907(5), and (b) for the purposes of Chapter 3, in accordance with section 907(5) as it has effect as a result of section 929, • “cumulative normal rental excess” is to be read— (a) for the purposes of Chapter 2, in accordance with section 909(5), and (b) for the purposes of Chapter 3, in accordance with section 909(5) as it has effect as a result of section 929, • “the current lessor”, in relation to a lease of an asset, means the person who is for the time being entitled to the lessor's interest under the lease, • “finance lessor” means a person who for accounting purposes is treated, in accordance with generally accepted accounting practice, as the person with— (a) the grantor's interest in relation to a finance lease, or (b) the lender's interest in relation to a loan, • “for accounting purposes” means for the purposes of— (a) accounts of companies incorporated in any part of the United Kingdom, or (b) consolidated group accounts for
- Asset management activities
means activities which consist (or, if they were carried on in the United Kingdom, would consist) of any or all of the following—
- assignment
means assignation, • “estate in land” includes the land, • “mortgage” means— (a) a standard security, or (b) a heritable security, as defined in the Conveyancing (Scotland) Act 1924, but including a security constituted by ex facie absolute disposition or assignation, and • “surrender” includes renunciation.
- associate
means a person connected with the relevant company (see also subsection (9)), and
- associated person
has the meaning given by section 356LB;
- attributable
means attributable on a just and reasonable basis;
- augmented profits
has the same meaning as in Part 3A (see sections 18L and 18M), and • “close investment-holding company” has the same meaning as in that Part (see section 18N).
- authorised unit trust
has the same meaning as in Chapter 2 of Part 13 (see sections 616 and 619), • “bank” is to be read in accordance with section 1120, • “basic rate” means the rate of income tax determined in pursuance of section 6(2) of ITA 2007, • “body of persons” means any body politic, corporate or collegiate and any company, fraternity, fellowship and society of persons whether corporate or not corporate, • “branch or agency” means any factorship, agency, receivership, branch or management, • “building society” means a building society within the meaning of the Building Societies Act 1986, • “capital allowance” means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “chargeable gain” has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordanc
- available carried-forward loss allowance
means the total of any amounts of carried-forward loss allowance which any member of the group, other than the designating company, has (see section 269CH(5)).
- back-office deduction
means a deduction— (a) to which the company is entitled in calculating the profits of the trade for the period, and (b) which is in respect of back-office activities;
- bad debt deduction
has the meaning given in section 911(6).
- Bank
means—
- banking company
has the meaning given by section 269B;
- basic life assurance and general annuity business
has the meaning given by section 57 of FA 2012, and • “insurance company” has the meaning given by section 65 of that Act.
- basic rate
means the rate of income tax determined in pursuance of section 6(2) of ITA 2007, • “body of persons” means any body politic, corporate or collegiate and any company, fraternity, fellowship and society of persons whether corporate or not corporate, • “branch or agency” means any factorship, agency, receivership, branch or management, • “building society” means a building society within the meaning of the Building Societies Act 1986, • “capital allowance” means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “chargeable gain” has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordance with Chapter 2 of Part 10 (see in particular section 439), • “company” has the meaning given by section 1121, • “connected”, in relation to two persons bein
- benefit associated with a gift
has the meaning given by section 417 of ITA 2007;
- benefit associated with a payment
has the meaning given by section 196;
- body
includes an unincorporated association, and • “bonus shares” means shares which are issued otherwise than for payment (whether in cash or otherwise).
- body of persons
means any body politic, corporate or collegiate and any company, fraternity, fellowship and society of persons whether corporate or not corporate, • “branch or agency” means any factorship, agency, receivership, branch or management, • “building society” means a building society within the meaning of the Building Societies Act 1986, • “capital allowance” means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “chargeable gain” has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordance with Chapter 2 of Part 10 (see in particular section 439), • “company” has the meaning given by section 1121, • “connected”, in relation to two persons being connected with one another, is to be read in accordance with sections 1122 and 1123, • “control
- bonus share capital
means— a share capital issued otherwise than wholly for new consideration, or b the part (if there is such a part) of any share capital so issued that is not properly referable to new consideration. 2 For the purposes of this Chapter share capital is issued by a company in lieu of a cash dividend if— a it is issued in consequence of the exercise by any person of an option conferred on the person, and b that option is an option to receive, in respect of shares in the company, either a dividend in cash or additional share capital. 3 For the purposes of subsection (2), an option to receive either a dividend in cash or additional share capital is conferred on a person not o
- bonus shares
means shares which are issued otherwise than for payment (whether in cash or otherwise), • “corresponding bonus shares”, in relation to any shares, means bonus shares which— (a) are issued in respect of those shares, and (b) are in the same company, are of the same class, and carry the same rights, as those shares, • “excluded company” means a company which— (a) has a trade which consists wholly or mainly of dealing in land, in commodities or futures or in shares, securities or other financial instruments, (b) has a trade which is not carried on on a commercial basis and in such a way that profits in the trade can reasonably be expected to be realised, (c) is a holding company of a group other than a trading group, or (d) is a building society or a registered society, • “group” (except in sections 79 and 84) means a company which has one or more 51% subsidiaries together with that or those subsidiaries, • “holding company” means a company whose business consists wholly or mainly in the holding of shares or securities of companies which are its 51% subsidiaries, • “investment company” means a company— (a) whose business consists wholly or mainly in the making of inves
- branch or agency
means any factorship, agency, receivership, branch or management, • “building society” means a building society within the meaning of the Building Societies Act 1986, • “capital allowance” means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “chargeable gain” has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordance with Chapter 2 of Part 10 (see in particular section 439), • “company” has the meaning given by section 1121, • “connected”, in relation to two persons being connected with one another, is to be read in accordance with sections 1122 and 1123, • “control”, in relation to the control of a body corporate or a partnership, is to be read in accordance with section 1124, • “derivative contract” has the same meaning as in P
- brought into account
means brought into account in accordance with generally accepted accounting practice.
- Budget resolution
means a resolution of the House of Commons for fixing a rate of corporation tax.
- Building society
has the same meaning as in the Building Societies Act 1986.
- business day
means, in relation to an investment, a business day in the place where the investment is made, and • “the investment day” means, in relation to an investment, the day on which the investment is made.
- business of leasing plant or machinery
has the same meaning as in Chapter 4 of Part 9 (sales of lessors: leasing business carried on by a company in partnership) (see sections 410 to 414).
- capital allowance
means any allowance under CAA 2001, • “the Capital Allowances Act” means CAA 2001, • “the charge to corporation tax on income” has the same meaning as in CTA 2009 (see section 2(3) of that Act), • “chargeable gain” has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordance with Chapter 2 of Part 10 (see in particular section 439), • “company” has the meaning given by section 1121, • “connected”, in relation to two persons being connected with one another, is to be read in accordance with sections 1122 and 1123, • “control”, in relation to the control of a body corporate or a partnership, is to be read in accordance with section 1124, • “derivative contract” has the same meaning as in Part 7 of CTA 2009, • “distribution” has the meaning given by Chapters 2 to 5 of Part 23, • “farming” has the meaning given by section 1125, • “the financial year 2010” means the financial
- capital allowance excess
means an excess of the kind mentioned in section 260(1) of CAA 2001 for the surrender period.
- Capital payment
means any payment except one which, if made to the lessor— a would fall to be included in a calculation of the lessor's income for income tax purposes, or b would so fall but for section 148A of ITTOIA 2005 (rental earnings under long funding finance lease). 3 A capital payment, in relation to a lease or relevant arrangement, is “relevant” if condition A or B is met (but this is subject to subsections (6) and (7)). 4 Condition A is that the capital payment is payable (or paid), directly or indirectly, by or on behalf of the lessee to the lessor or another person on the lessor's behalf in connection with— a the grant, assignment, novation or termination of the lease, or b an
- carried-back amount
means—
- carried-forward amount
means—
- cash
means—
- cessation
means—
- CFC
has the same meaning as in Part 9A of TIOPA 2010, except that in subsection (3B) it means a controlled foreign company as defined by section 747(2) of ICTA;
- Change arrangements
means any arrangements made to bring about, or otherwise connected with, the qualifying change.
- chargeable accounting period
has the meaning given by section 269DA(1);
- chargeable gain
has the same meaning as in TCGA 1992, • “chargeable period” means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordance with Chapter 2 of Part 10 (see in particular section 439), • “company” has the meaning given by section 1121, • “connected”, in relation to two persons being connected with one another, is to be read in accordance with sections 1122 and 1123, • “control”, in relation to the control of a body corporate or a partnership, is to be read in accordance with section 1124, • “derivative contract” has the same meaning as in Part 7 of CTA 2009, • “distribution” has the meaning given by Chapters 2 to 5 of Part 23, • “farming” has the meaning given by section 1125, • “the financial year 2010” means the financial year beginning with April 2010 (and any corresponding expression in which a year is similarly mentioned is to be read in the same way), • “for accounting purposes” has the meaning given by section 1127(4), • “forestry
- chargeable payment
means a loan or advance made by a close company which gives rise to a charge to tax under section 455.
- chargeable period
means an accounting period of a company or a tax year, • “chargeable profits”, in relation to a non-UK resident company carrying on a trade in the United Kingdom through a permanent establishment, has the meaning given by section 19 of CTA 2009, •... • “close company” is to be read in accordance with Chapter 2 of Part 10 (see in particular section 439), • “company” has the meaning given by section 1121, • “connected”, in relation to two persons being connected with one another, is to be read in accordance with sections 1122 and 1123, • “control”, in relation to the control of a body corporate or a partnership, is to be read in accordance with section 1124, • “derivative contract” has the same meaning as in Part 7 of CTA 2009, • “distribution” has the meaning given by Chapters 2 to 5 of Part 23, • “farming” has the meaning given by section 1125, • “the financial year 2010” means the financial year beginning with April 2010 (and any corresponding expression in which a year is similarly mentioned is to be read in the same way), • “for accounting purposes” has the meaning given by section 1127(4), • “forestry” is to be read in accordance with section 1125, •... • “g
- charitable company
has the same meaning as in Part 11 of CTA 2010 (see section 467 of that Act).”
- charity
has the same meaning as in Chapter 2, • “qualifying payment” means a qualifying payment for the purposes of Chapter 2, and • “registered club” has the same meaning as in Chapter 2, and any reference to a member of the club includes a reference to a person connected with a member of the club.
- claim
means a claim (whether actual or potential) under an insurance policy.
- close company
includes a company that would be a close company if it were resident in the United Kingdom. ”
- close investment-holding company
has the same meaning as in that Part (see section 18N).
- closely related
has the meaning that it has in section 1143 (see subsection (2CA) of that section).
- cluster area
means an offshore area which the OGA determines to be a cluster area.
- cluster area allowance
has the meaning given by section 356JF(2);
- co-operative association
means a body with a written constitution from which the Secretary of State is satisfied that it is in substance a co-operative association.
- co-transferred company
means any company which is related to the transferred company both immediately before and immediately after the change in ownership.
- collective investment scheme
has the meaning it has in section 235 of FISMA 2000;
- Commencing capital debt
means a debt to a Minister assumed as such under an enactment.
- Commodity futures
means commodity futures that are for the time being dealt in on a recognised futures exchange (as defined in section 288(6) of TCGA 1992).
- company
includes any body corporate or unincorporated association, but does not include a partnership (and see also subsection (2)), • “control” is to be read in accordance with sections 450 and 451 (except where otherwise indicated), • “principal settlement” has the meaning given by paragraph 1 of Schedule 4ZA to TCGA 1992, • “relative” means brother, sister, ancestor or lineal descendant, • “settlement” has the same meaning as in Chapter 5 of Part 5 of ITTOIA 2005 (see section 620 of that Act), and • “sub-fund settlement” has the meaning given by paragraph 1 of Schedule 4ZA to TCGA 1992.
- company tax return
has the same meaning as in Schedule 18 to FA 1998;
- company UK REIT
means a company which has given a notice under this section.
- company with investment business
has the same meaning as in Part 16 of CTA 2009 (see section 1218B of that Act);
- completed
has the same meaning as in Part 15 of CTA 2009 (see section 1181(5) of that Act),
- conditional sale agreement
means an agreement for the sale of goods under which—
- conditional support arrangements
means arrangements under which the relevant restrictions would cease to apply if specified conditions relating to the financial strength of the fund were met.
- connected
has the same meaning as in section 1122;
- connection
includes a connection in the past as well as a connection in the present, and
- consortium case
means a case where the related company is not within section 976(1)(a).
- consortium claim
means a claim made under section 188CC for group relief for carried-forward losses, • “group company” means a company that is a member of the same group of companies as the link company (other than the link company), • “relevant consortium claim” means a consortium claim in relation to which the surrendering company, the surrender period and the specified loss-making period are the same as is the case for the claim mentioned in subsection (1), and • “UK related”, in relation to a company, has the meaning given by section 188CJ.
- consortium principal company
means a company which is a principal company as a result of section 394, •... • “ownership proportion” has the same meaning as in section 394, • “plant or machinery” has the same meaning as in Part 2 of CAA 2001, and • “principal company” is to be read in accordance with section 393 or 394 (as the case may be).
- constitutional document
means a memorandum of association, articles of association or any other similar document regulating the affairs of the joint venture company;
- contract of general insurance
means a contract of a type described in Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544);
- contribution
means any kind of contribution, including, for example—
- control
means the right to a share of more than half the assets, or of more than half the income, of the partnership.
- coronavirus
means severe acute respiratory syndrome coronavirus 2;
- corporation tax advantage
means— (a) a relief from corporation tax or increased relief from corporation tax, (b) a repayment of corporation tax or increased repayment of corporation tax, (c) the avoidance or reduction of a charge to corporation tax or an assessment to corporation tax, (d) the avoidance of a possible assessment to corporation tax, or (e) the deferral of a payment of corporation tax or advancement of a repayment of corporation tax;
- corporation tax deduction
means a deduction that falls to be made for corporation tax purposes by the issuing company at any time.
- corporation tax relief
has the same meaning as in section 939F;
- corresponding bonus shares
means bonus shares that are in the same company, are of the same class, and carry the same rights as the original shares, • “original issue” means the issue of shares forming the investment.
- court
includes a tribunal.
- court investment fund
means a fund established under section 42 of the Administration of Justice Act 1982 (investment funds for money paid into court).
- cross-community support
has the meaning given by section 4(5) of the Northern Ireland Act 1998.
- cumulative total amount of activated allowance
has the meaning given by section 332E(2);
- debenture
has the meaning given by section 738 of the Companies Act 2006, and • “unquoted company” has the meaning given by section 184(2) of ITA 2007.
- debentures
includes— (a) debenture stock and bonds (whether constituting a charge on assets or not), and (b) loan stock or notes, • “open-ended investment company” is to be read in accordance with sections 613 and 615, • “securities” includes shares and debentures, and • “shares” includes stocks.
- debtor relationship
has the meaning given by section 302(6) of CTA 2009, • “exchange gains” and “exchange losses” are to be read in accordance with section 475 of CTA 2009,... • “lease” means any arrangements which provide for an asset to be leased or otherwise made available by a person to another person (“the lessee”), and • “long funding finance lease”, “long funding operating lease” and “right-of-use lease” have the meanings given in Part 2 of CAA 2001 (see section 70YI(1) of that Act). • “long funding operating lease” means a long funding operating lease for the purposes of Part 2 of CAA 2001 (see section 70YI(1) of that Act).
- decommissioning expenditure
has the meaning given by section 330C.
- decommissioning relief agreement
has the meaning given by section 80 of FA 2013.
- deductible amount
means— (a) an expense of a trade, other than an amount treated as such an expense by section 450(a) of CAA 2001 (research and development allowances treated as expenses in calculating profits of a trade), (b) an expense of a UK property business or an overseas property business, (c) an expense of management of a company's investment business within the meaning of section 1219 of CTA 2009, (d) a non-trading debit within the meaning of Parts 5 and 6 of CTA 2009 (loan relationships and derivative contracts) (see section 301(2) of that Act), or (e) a non-trading debit within the meaning of Part 8 of CTA 2009 (intangible fixed assets) (see section 746 of that Act), but does not include any amount that has been taken into account in determining RTWDV within the meaning of Chapter 16A of Part 2 of CAA 2001 (restrictions on allowance buying) (see section 212K of that Act);
- derivative contract
has the same meaning as in Part 7 of CTA 2009, • “distribution” has the meaning given by Chapters 2 to 5 of Part 23, • “farming” has the meaning given by section 1125, • “the financial year 2010” means the financial year beginning with April 2010 (and any corresponding expression in which a year is similarly mentioned is to be read in the same way), • “for accounting purposes” has the meaning given by section 1127(4), • “forestry” is to be read in accordance with section 1125, •... • “generally accepted accounting practice” has the meaning given by section 1127(1) and (3), • “grossing up” is to be read in accordance with section 1128, • “group relief” has the meaning given by section 97(2), • “hire-purchase agreement” is to be read in accordance with section 1129, • “income” includes anything to which the charge to corporation tax on income applies, • “international accounting standards” has the meaning given by section 1127(5), • “investment trust” has the meaning given by section 1158, • “loan relationship” has the same meaning as in Part 5 of CTA 2009, • “local authority” has the meaning given by section 1130, • “local authority association” has the meaning
- designated
means designated by an order made by the Commissioners for Her Majesty's Revenue and Customs for the purposes of that paragraph.
- designated area
means an area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964, • “oil” means any substance won or capable of being won under the authority of a licence granted under Part 1 of the Petroleum Act 1998 or the Petroleum (Production) Act (Northern Ireland) 1964 (c. 28 (N.I.)), other than methane gas won in the course of operations for making and keeping mines safe, • “ the OGA ” means the Oil and Gas Authority, • “oil field” has the same meaning as in Part 1 of OTA 1975 (see section 12(1) of that Act), • “OTA 1975” means the Oil Taxation Act 1975, and • “participator” has the same meaning as in Part 1 of OTA 1975 (see section 12(1) of that Act).
- determined
means determined under Schedule 1 to OTA 1975.
- discrimination
includes indirect discrimination and (in particular) includes discrimination on the grounds of—
- disposal-related investment
means any of the following—
- distribution
has the meaning given by Chapters 2 to 5 of Part 23, • “farming” has the meaning given by section 1125, • “the financial year 2010” means the financial year beginning with April 2010 (and any corresponding expression in which a year is similarly mentioned is to be read in the same way), • “for accounting purposes” has the meaning given by section 1127(4), • “forestry” is to be read in accordance with section 1125, •... • “generally accepted accounting practice” has the meaning given by section 1127(1) and (3), • “grossing up” is to be read in accordance with section 1128, • “group relief” has the meaning given by section 97(2), • “hire-purchase agreement” is to be read in accordance with section 1129, • “income” includes anything to which the charge to corporation tax on income applies, • “international accounting standards” has the meaning given by section 1127(5), • “investment trust” has the meaning given by section 1158, • “loan relationship” has the same meaning as in Part 5 of CTA 2009, • “local authority” has the meaning given by section 1130, • “local authority association” has the meaning given by section 1131, • “main ring fence profits rate” has the meanin
- distribution rights
means rights in relation to dividends or interest or assets on a winding up, • “the participating equity holders”, in relation to the determining of company A's proportion, means the equity holders of company B— (a) to whom the profit distribution would be made, or (b) who would be entitled to participate in the notional winding up, and • “the relevant time” means the time mentioned in subsection (1) when the beneficial entitlement of company A is to be determined.
- dividends
includes references to other... distributions and to interest, • “securities”— (a) includes shares and stock, and (b) in relation to a company not limited by shares (whether or not it has a share capital) also includes a reference to the interest of a member of the company as such, whatever the form of that interest, • “trading stock” has the meaning given by section 163 of CTA 2009, and • “transaction in securities” means transactions, of whatever description, relating to securities, and in particular— (a) the purchase, sale or exchange of securities, (b) issuing or securing the issue of new securities, (c) applying or subscribing for new securities, and (d) altering or securing the alteration of the rights attached to securities.
- double taxation arrangements
means arrangements which have effect under section 2(1) of TIOPA 2010 (double taxation relief by agreement with territories outside the United Kingdom);
- double taxation relief
means any relief given under or as a result of Part 2 of TIOPA 2010.
- dual resident investing company
has the same meaning as in section 949 (with references in that section to the “transfer accounting period” construed as references to the accounting period of the successor in which it begins to carry on the activities of the part of the trade as mentioned in subsection (1)(b) above).
- effective 51% subsidiary
has the meaning given by section 170(7) of TCGA 1992 (groups of companies), • “75% subsidiary” has the meaning given by section 1154(3) (subsidiaries), •... •... • “open-ended investment company” has the meaning given by section 613.
- eligible sport
means a sport that for the time being is an eligible sport for the purposes of Chapter 9 of Part 13 (see section 661).
- enactment
includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978, and • “information” includes anything contained in a return, self-assessment, account, statement or report required to be provided to the Commissioners for Her Majesty's Revenue and Customs or to any officer of Revenue and Customs.
- entry
means—
- estate in land
includes the land, • “mortgage” means— (a) a standard security, or (b) a heritable security, as defined in the Conveyancing (Scotland) Act 1924, but including a security constituted by ex facie absolute disposition or assignation, and • “surrender” includes renunciation.
- estate income
has the same meaning as in Chapter 3 of Part 10 of CTA 2009 (see section 934 of that Act).
- European Economic Interest Grouping
means a grouping registered in a member State and formed in pursuance of Council Regulation (EEC) No. 2137/85 of 25 July 1985 on the European Economic Interest Grouping as it has effect in EU law.
- European Patent Convention
means the Convention on the Grant of European Patents, • “Regulation (EC) No 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, • “rules” means rules made under section 123 of the Patents Act 1977, • “specified” means specified in an order made by the Treasury, and • “supplementary protection certificate” means a certificate issued under— (a) Council Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products, or (b) Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products.
- excluded accounting period
has the meaning given by section 269ZG;
- excluded activities
has the meaning given by section 192 of ITA 2007 read with sections 193 to 199 of that Act, • “group” means a parent company and its qualifying subsidiaries, • “group company”, in relation to a group, means the parent company or any of its qualifying subsidiaries, • “incidental purposes” means purposes having no significant effect (other than in relation to incidental matters) on the extent of the activities of the company in question, • “mainly trading subsidiary” means a subsidiary which, apart from incidental purposes, exists wholly for the purpose of carrying on one or more qualifying trades, and any reference to the main purpose of such a subsidiary is to be read accordingly, • “non-qualifying activities” means— (a) excluded activities, and (b) activities (other than research and development) carried on otherwise than in the course of a trade, • “parent company” means a company that has one or more qualifying subsidiaries, • “qualifying subsidiary” is to be read in accordance with section 191 of ITA 2007, • “qualifying trade” has the meaning given by section 189 of that Act, and • “research and development” has the meaning given by section 1138 of this Ac
- excluded company
means a company which— (a) has a trade which consists wholly or mainly of dealing in land, in commodities or futures or in shares, securities or other financial instruments, (b) has a trade which is not carried on on a commercial basis and in such a way that profits in the trade can reasonably be expected to be realised, (c) is a holding company of a group other than a trading group, or (d) is a building society or a registered society, • “group” (except in sections 79 and 84) means a company which has one or more 51% subsidiaries together with that or those subsidiaries, • “holding company” means a company whose business consists wholly or mainly in the holding of shares or securities of companies which are its 51% subsidiaries, • “investment company” means a company— (a) whose business consists wholly or mainly in the making of investments, and (b) which derives the principal part of its income from the making of investments, but does not include the holding company of a trading group, • “registered society” means— (a) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, (b) a society registered or treated as reg
- excluded debits
means—
- excluded entity
means any of the following entities—
- excluded income
means any income falling within either of the Heads in section 357BHB.
- Excluded lease of background plant or machinery for a building
has the meaning given in Chapter 6A of Part 2 of CAA 2001 (see section 70R of that Act).
- exempt ABGH distribution
means a distribution which—
- exempt distribution
means a distribution which is an exempt distribution by virtue of section 1076, 1077 or 1078.
- exempt unauthorised unit trust
has the same meaning as in the Unauthorised Unit Trusts (Tax) Regulations 2013 (S.I. 2013/2819).
- expenditure
includes expenditure of a capital nature.
- Exploration or exploitation activities
means activities carried on in connection with the exploration or exploitation of the seabed and subsoil and their natural resources.
- exploration or exploitation activity
means an activity carried on in connection with the exploration or exploitation of so much of the sea-bed and subsoil and their natural resources as is situated in the UK sector of the continental shelf;
- exploration or exploitation rights
means rights to assets to be produced by exploration or exploitation activities or to interests in or to the benefit of such assets;
- externally provided worker
has the same meaning as in Part 13 of CTA 2009 (see section 1128 of that Act), • “IP-related services” means services provided in connection with— (a) any application for a right to which this Part applies, or (b) any proceedings relating to the enforcement of any such right, • “premises” includes any land, • “telecommunications service” means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service), and • “telecommunication system” means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy.
- farming
has the meaning given by section 1125, • “the financial year 2010” means the financial year beginning with April 2010 (and any corresponding expression in which a year is similarly mentioned is to be read in the same way), • “for accounting purposes” has the meaning given by section 1127(4), • “forestry” is to be read in accordance with section 1125, •... • “generally accepted accounting practice” has the meaning given by section 1127(1) and (3), • “grossing up” is to be read in accordance with section 1128, • “group relief” has the meaning given by section 97(2), • “hire-purchase agreement” is to be read in accordance with section 1129, • “income” includes anything to which the charge to corporation tax on income applies, • “international accounting standards” has the meaning given by section 1127(5), • “investment trust” has the meaning given by section 1158, • “loan relationship” has the same meaning as in Part 5 of CTA 2009, • “local authority” has the meaning given by section 1130, • “local authority association” has the meaning given by section 1131, • “main ring fence profits rate” has the meaning given by section 279A(4), • “market gardening” has the meaning given
- film
has the same meaning as in that Part (see section 1181 of that Act), and
- final accounting period
means—
- final determination
has the same meaning as in section 357YC;
- finance lease
means—
- finance lessor
means a person who for accounting purposes is treated, in accordance with generally accepted accounting practice, as the person with— (a) the grantor's interest in relation to a finance lease, or (b) the lender's interest in relation to a loan, • “for accounting purposes” means for the purposes of— (a) accounts of companies incorporated in any part of the United Kingdom, or (b) consolidated group accounts for groups all the members of which are companies so incorporated, • “lease”— (a) in relation to land, includes an underlease, sublease, tenancy or licence, and any agreement for a lease, underlease, sublease, tenancy or licence and, in the case of land outside the United Kingdom, any interest corresponding to a lease as so defined, and (b) in relation to any form of property or right other than land, means any kind of agreement or arrangement under which payments are made for the use of, or otherwise in respect of, an asset, and “rent” is to be read accordingly, • “the leasing arrangements”, in relation to a lease of an asset, means— (a) the lease, (b) any arrangements relating to or connected with the lease, and (c) any other arrangements of which the lease form
- financial asset
means a financial asset as defined for the purposes of generally accepted accounting practice.
- financial assistance
includes a loan, a guarantee, an indemnity or any form of investment (in each case, whether or not on arm’s length terms);
- financial institution
has the same meaning as in Chapter 6 of Part 6 of CTA 2009 (see section 502 of that Act).
- financial statements of the group
means consolidated financial statements of Y and its subsidiaries (and for this purpose “subsidiaries” has the meaning given by international accounting standards), • “Y's group” means a worldwide group of which Y is the ultimate parent within the meaning of Part 10 of TIOPA 2010, • “ acceptable accounting practice ” means— (a) international accounting standards, (b) UK generally accepted accounting practice, or (c) accounting practice which is generally accepted in the country in which Y is resident.
- financing costs
means the cost of debt finance.
- firm
has the same meaning as in CTA 2009 (see section 1257(1) of that Act).
- First use amortised market value
means the value that the plant or machinery would have at the time when it is first brought into use for the purposes of the qualifying activity on the assumption in subsection (7).
- First use amortised value
means the value that the plant or machinery would have at the time when it is first brought into use for the purposes of the qualifying activity on the assumptions in subsection (6). 6 The assumptions are that— a the cost of acquiring the plant or machinery had been written off on a straight line basis over its remaining useful economic life, and b any further capital expenditure incurred had been written off on a straight line basis over so much of its remaining economic life as remains at the time when the expenditure is incurred. 7 For the meaning of “qualifying activity”, “remaining useful economic life” and writing off on a straight line basis, see section 14
- First use market value
means the market value of the plant or machinery at the time when it is first brought into use for the purposes of the qualifying activity.
- fixed place of business
includes (without prejudice to the generality of that expression)—
- fixed-rate preference shares
means shares which—
- for accounting purposes
has the meaning given by section 1127(4), • “forestry” is to be read in accordance with section 1125, •... • “generally accepted accounting practice” has the meaning given by section 1127(1) and (3), • “grossing up” is to be read in accordance with section 1128, • “group relief” has the meaning given by section 97(2), • “hire-purchase agreement” is to be read in accordance with section 1129, • “income” includes anything to which the charge to corporation tax on income applies, • “international accounting standards” has the meaning given by section 1127(5), • “investment trust” has the meaning given by section 1158, • “loan relationship” has the same meaning as in Part 5 of CTA 2009, • “local authority” has the meaning given by section 1130, • “local authority association” has the meaning given by section 1131, • “main ring fence profits rate” has the meaning given by section 279A(4), • “market gardening” has the meaning given by section 1125(5), • “non-UK resident” means not resident in the United Kingdom (and references to a non-UK resident are to a person not resident there), • “notice” means notice in writing, • “offshore installation” has the meaning g
- foreign tax
means a tax under the law of a country or territory outside the United Kingdom.
- free-standing claim
means a claim made as mentioned in subsection (2)(a), and • “ tax return claim ” means a claim made as mentioned in subsection (2)(b).
- fungible asset
means an intangible fixed asset to which section 858 of CTA 2009 applies;
- gains
includes chargeable gains.”
- generally accepted accounting practice
has the meaning given by section 1127(1) and (3), • “grossing up” is to be read in accordance with section 1128, • “group relief” has the meaning given by section 97(2), • “hire-purchase agreement” is to be read in accordance with section 1129, • “income” includes anything to which the charge to corporation tax on income applies, • “international accounting standards” has the meaning given by section 1127(5), • “investment trust” has the meaning given by section 1158, • “loan relationship” has the same meaning as in Part 5 of CTA 2009, • “local authority” has the meaning given by section 1130, • “local authority association” has the meaning given by section 1131, • “main ring fence profits rate” has the meaning given by section 279A(4), • “market gardening” has the meaning given by section 1125(5), • “non-UK resident” means not resident in the United Kingdom (and references to a non-UK resident are to a person not resident there), • “notice” means notice in writing, • “offshore installation” has the meaning given by sections 1132 and 1133, • “oil and gas exploration and appraisal” has the meaning given by section 1134, • “ordinary share capi
- group
means a company which has one or more 51% subsidiaries together with those subsidiaries, • “main participators” has the meaning given by section 1089(1)(b), and • “tax” includes stamp duty and stamp duty land tax.
- group accounts
means accounts prepared under—
- group allowance allocation statement
means a group allowance allocation statement submitted under section 269DG or 269DH;
- group allowance nomination
has the meaning given by section 269DF(1);
- group company
means a company that is a member of the same group of companies as the link company (other than the link company itself), and • “UK related”, in relation to a company, has the meaning given by section 188CJ.
- group relief
has the meaning given by section 97(2), • “profits” means income and chargeable gains, except in so far as the context otherwise requires, • “the surrenderable amounts” has the meaning given by section 99(7)..., • “surrendering company” has the meaning given by section 99(7)..., • “the surrender period” has the meaning given by section 99(7)....
- group relief for carried-forward losses
has the meaning given by section 188AA(4), • “profits” means income and chargeable gains, except in so far as the context otherwise requires, • “shock loss” has the meaning given by section 269ZK, • “Solvency 2 insurance company” means an insurance company as defined in section 269ZP(2), • “the specified loss-making period”, in relation to a claim for group relief for carried forward losses made under section 188CC, has the meaning given by subsection (2) of that section, • “the surrenderable amounts” has the meaning given by section 188BB(7), • “surrendering company” has the meaning given by 188BB(7), and • “the surrender period” has the meaning given by section 188BB(7).
- group surcharge allowance
has the meaning given by section 269DF;
- group UK REIT
means a group of companies the principal company of which has given a notice under this section.
- health service body
means a body mentioned in the following table—
- hedging arrangements
means, in relation to a security, in sections 1012 and 1013.
- hire-purchase agreement
has the meaning given by section 1129 of CTA 2010.”
- HMRC
means Her Majesty's Revenue and Customs;
- holder of excessive rights
means a person who meets—...
- holding
means any number of shares of the same class held by one company in the same capacity, growing or diminishing as shares of that class are acquired or disposed of.
- holding company
means a company the business of which consists wholly or mainly in the holding of shares or securities that—
- husbandry
includes—
- ICTA
means the Income and Corporation Taxes Act 1988, • “ITA 2007” means the Income Tax Act 2007, • “ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003, • “ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005, • “TCGA 1992” means the Taxation of Chargeable Gains Act 1992, • “TIOPA 2010” means the Taxation (International and Other Provisions) Act 2010, and • “TMA 1970” means the Taxes Management Act 1970.
- inception
has the meaning given in section 70YI(1) of CAA 2001.
- Incidental costs
means expenditure on fees, commissions, advertising, printing or other incidental matters.
- incidental purposes
means purposes having no significant effect (other than in relation to incidental matters) on the extent of the activities of the company in question, • “mainly trading subsidiary” means a subsidiary which, apart from incidental purposes, exists wholly for the purpose of carrying on one or more qualifying trades, and any reference to the main purpose of such a subsidiary is to be read accordingly, • “non-qualifying activities” means— (a) excluded activities, and (b) activities (other than research and development) carried on otherwise than in the course of a trade, • “parent company” means a company that has one or more qualifying subsidiaries, • “qualifying subsidiary” is to be read in accordance with section 191 of ITA 2007, • “qualifying trade” has the meaning given by section 189 of that Act, and • “research and development” has the meaning given by section 1138 of this Act.
- income
includes anything to which the charge to corporation tax on income applies, • “international accounting standards” has the meaning given by section 1127(5), • “investment trust” has the meaning given by section 1158, • “loan relationship” has the same meaning as in Part 5 of CTA 2009, • “local authority” has the meaning given by section 1130, • “local authority association” has the meaning given by section 1131, • “main ring fence profits rate” has the meaning given by section 279A(4), • “market gardening” has the meaning given by section 1125(5), • “non-UK resident” means not resident in the United Kingdom (and references to a non-UK resident are to a person not resident there), • “notice” means notice in writing, • “offshore installation” has the meaning given by sections 1132 and 1133, • “oil and gas exploration and appraisal” has the meaning given by section 1134, • “ordinary share capital”, in relation to a company, means all the company's issued share capital (however described), other than capital the holders of which have a right to a dividend at a fixed rate but have no other right to share in the company's profits, • “overseas property business” has the meaning g
- increase
includes an increase from nil, and • “reduction” includes a reduction to nil.
- independent third party
means a person who—
- Inflated member-related expenditure
means—
- information
includes anything contained in a return, self-assessment, account, statement or report required to be provided to the Commissioners for Her Majesty's Revenue and Customs or to any officer of Revenue and Customs.