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279D The ring fence amount

(1) In section 279C “the ring fence amount” means the amount given by
the formula—


(2) 5In this section—

The lower limit and the upper limit
279E 15The lower limit and the upper limit

(1) This section gives the meaning in this Chapter of “the lower limit”
and “the upper limit” in relation to an accounting period of a
company (“A”).

(2) If no company is a related 51% group company of A in the
20accounting period—

(a) the lower limit is £300,000, and

(b) the upper limit is £1,500,000.

(3) If one or more companies are related 51% group companies of A in
the accounting period—

(a) 25the lower limit is—


and

(b) the upper limit is—


30where N is the number of those related 51% group companies.

(4) For an accounting period of less than 12 months the lower limit and
the upper limit are proportionately reduced.

Related 51% group companies
279F “Related 51% group company”

(1) 35For the purposes of this Chapter a company (“B”) is a related 51%
group company of another company (“A”) in an accounting period if
for any part of the accounting period—

(a) A is a 51% subsidiary of B,

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(b) B is a 51% subsidiary of A, or

(c) both A and B are 51% subsidiaries of the same company.

(2) The rule in subsection (1) applies to each of two or more related 51%
group companies even if they are related 51% group companies for
5different parts of the accounting period.

(3) But a related 51% group company is ignored for the purposes of
section 279E if—

(a) it has not carried on a trade or business at any time in the
accounting period, or

(b) 10it was a related 51% group company for part only of the
accounting period and has not carried on a trade or business
at any time in that part of the accounting period.

(4) Subsection (3) is subject to subsections (5) to (9).

(5) Subsection (6) applies if a company carries on a business of making
15investments in an accounting period and throughout the period the
company—

(a) carries on no trade,

(b) has one or more 51% subsidiaries, and

(c) is a passive company.

(6) 20The company is treated for the purposes of subsection (3) as not
carrying on a business at any time in the accounting period.

(7) A company is a passive company throughout an accounting period
only if the following requirements are met—

(a) it has no assets in that period, other than shares in companies
25which are its 51% subsidiaries,

(b) no income arises to it in that period other than dividends,

(c) if income arises to it in that period in the form of dividends—

(i) the redistribution condition is met (see subsection
(8)), and

(ii) 30the dividends are franked investment income
received by it,

(d) no chargeable gains accrue to it in that period,

(e) no expenses of management of the business mentioned in
subsection (5) are referable to that period, and

(f) 35no qualifying charitable donations are deductible from the
company’s total profits of that period.

(8) The redistribution condition is that—

(a) the company pays dividends to one or more of its
shareholders in the accounting period, and

(b) 40the total amount paid in the form of those dividends is at least
equal to the amount of the income arising to the company in
the form of dividends in that period.

(9) If income arises to a company in an accounting period in the form of
a dividend and the requirement in subsection (7)(c) is met in respect
45of the income—

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(a) neither the dividend nor any asset representing it is treated as
an asset of the company in that accounting period for the
purposes of subsection (7)(a), and

(b) no right of the company to receive the dividend is treated as
5an asset of the company for the purposes of subsection (7)(a)
in that period or any earlier accounting period.

Augmented profits
279G “Augmented profits”

(1) For the purposes of this Chapter a company’s augmented profits of
10an accounting period are—

(a) the company’s adjusted taxable total profits of that period,
plus

(b) any franked investment income received by the company
that is not excluded by subsection (3).

(2) 15A company’s “adjusted taxable total profits” of a period are what
would have been the company’s taxable total profits of the period in
the absence of sections 1(2A), 2B and 8(4A) of TCGA 1992 and section
2(2A) of CTA 2009 (certain gains on relevant high value disposals by
companies etc chargeable to capital gains tax not corporation tax).

(3) 20This subsection excludes any franked investment income which the
company (“the receiving company”) receives from a company which
is—

(a) a 51% subsidiary of—

(i) the receiving company, or

(ii) 25a company of which the receiving company is a 51%
subsidiary, or

(b) a trading company or relevant holding company that is a
quasi-subsidiary of the receiving company.

(4) For the purposes of subsection (3)(b) a company is a quasi-subsidiary
30of the receiving company if—

(a) it is owned by a consortium of which the receiving company
is a member,

(b) it is not a 75% subsidiary of any company, and

(c) no arrangements of any kind (whether in writing or not) exist
35by virtue of which it could become a 75% subsidiary of any
company.

279H Interpretation of section 279G(3) and (4)

(1) For the purposes of section 279G(3)(a), a company (“A”) is a 51%
subsidiary of another company (“B”) only at times when—

(a) 40B would be beneficially entitled to more than 50% of any
profits available for distribution to equity holders of A, and

(b) B would be beneficially entitled to more than 50% of any
assets of A available for distribution to its equity holders on
a winding up.

(2) 45The requirement in subsection (1) is in addition to the requirements
of section 1154(2) (meaning of 51% subsidiary).

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(3) In determining for the purposes of section 279G(3)(a) whether or not
a company is a 51% subsidiary of another company (“C”), C is treated
as not being the owner of share capital if—

(a) it owns the share capital indirectly,

(b) 5the share capital is owned directly by a company (“D”), and

(c) a profit on the sale of the shares would be a trading receipt for
D.

(4) In section 279G(3)(b) and this section—

(5) For the purposes of section 279G(4), a company is owned by a
15consortium if at least 75% of the company’s ordinary share capital is
beneficially owned by two or more companies each of which—

(a) beneficially owns at least 5% of that capital,

(b) would be beneficially entitled to at least 5% of any profits
available for distribution to equity holders of the company,
20and

(c) would be beneficially entitled to at least 5% of any asset of the
company available for distribution to its equity holders on a
winding up.

(6) The companies meeting those conditions are called the members of
25the consortium.

(7) Chapter 6 of Part 5 (equity holders and profits or assets available for
distribution) applies for the purposes of subsections (1) and (5) as it
applies for the purposes of section 151(4)(a) and (b).

Part 2 30Amendments consequential on Part 1 of this Schedule

Finance Act 1998

6 In Schedule 18 to FA 1998 (company tax returns, assessments and related
matters), in paragraph 8 (calculation of tax payable), in subsection (1), for
“section 19, 20 or 21 of the Corporation Tax Act 2010 (marginal relief for
35companies with small profits)” substitute “Chapter 3A of Part 8 of the
Corporation Tax Act 2010 (marginal relief for companies with small ring
fence profits etc)”.

Finance Act 2000

7 In Schedule 22 to FA 2000 (tonnage tax), in paragraph 57 (exclusion of relief
40or set-off against tax liability), in sub-paragraph (6), for paragraph (a)
substitute—

(a) any reduction under Chapter 3A of Part 8 of
CTA 2010 (marginal relief for companies with
small ring fence profits), or.

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Capital Allowances Act 2001

8 In section 99 of CAA 2001 (long-life assets: the monetary limit)—

(a) in subsection (4)—

(i) for “If, in a chargeable period, a company has one or more
5associated companies” substitute “In the case of a company
(“C”), if, in a chargeable period, one or more companies are
related 51% group companies of C”, and

(ii) for “number of associated” substitute “number of related 51%
group”, and

(b) 10omit subsection (5).

9 In Part 2 of Schedule 1 to that Act (defined expressions), at the appropriate
place insert—

related 51%
group
company
section 279F
of CTA 2010
15(as applied by
1119 of that
Act).

Corporation Tax Act 2009

10 In section 104N of CTA 2009 (payment of R&D expenditure credit) in
20subsection (3), in the definition of “Amount A”, in paragraph (b), after “main
rate” insert “(or, in the case of ring fence profits, the main ring fence profits
rate)”.

11 In section 1114 of that Act (calculation of total R&D aid for the purposes of
the cap), after “aid is calculated” insert “(or, in the case of a ring fence trade
25(within the meaning of section 277 of CTA 2010) the main ring fence profits
rate at that time)”.

12 In Schedule 4 to that Act (index of defined expressions), at the appropriate
place, insert—

main ring
fence profits
rate
section
30279A(4) (as
applied by
1119 of CTA
2010).

Corporation Tax Act 2010

13 (1) 35Chapter 3 of Part 8A of CTA 2010 (profits arising from the exploitation of
patents etc: relevant IP profits) is amended as follows.

(2) In section 357CL (companies eligible to elect for small claims treatment)—

(a) in subsection (5) for “the company has no associated company”
substitute “no other company is a related 51% group company of the
40company”,

(b) in subsection (6)—

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(i) for “the company has one or more associated companies”
substitute “one or more other companies are related 51%
group companies of the company,” and

(ii) for “those associated” substitute “those related 51% group”,
5and

(c) omit subsection (9).

(3) In section 357CM (small claims amount)—

(a) in subsection (5) for “the company has no associated company”
substitute “no other company is a related 51% group company of the
10company”,

(b) in subsection (6)—

(i) for “the company has one or more associated companies”
substitute “one or more other companies are related 51%
group companies of the company,” and

(ii) 15for “those associated” substitute “those related 51% group”,
and

(c) omit subsection (8).

14 (1) Part 12 of CTA 2010 (real estate investment trusts) is amended as follows.

(2) In section 534 (tax treatment of profits), omit subsection (3).

(3) 20In section 535 (tax treatment of gains), omit subsection (6).

(4) In section 543 (profit: financing-cost ratio), omit subsection (5).

(5) In section 551 (tax consequences of distribution to holder of excessive
rights), omit subsection (6).

(6) In section 552 (“the section 552 amount”), in subsection (2), for “rate of
25corporation tax mentioned in section 534(3) (rate determined without
reference to sections 18 to 23)” substitute “main rate of corporation tax”.

(7) In section 564 (breach of condition as to distribution of profits), omit
subsection (4).

15 (1) Part 13 of CTA 2010 (other special types of company etc) is amended as
30follows.

(2) In section 614 (open-ended investment companies: applicable corporation
tax rate), omit “(and sections 18 and 19 (relief for companies with small
profits) do not apply)”.

(3) In section 618 (authorised unit trusts: applicable corporation tax rate), omit
35“(and sections 18 and 19 (relief for companies with small profits) do not
apply)”.

(4) In section 627 (companies in liquidation etc: meaning of “rate of corporation
tax” in case of companies with small profits)—

(a) for subsections (1) and (2) substitute—

(1) 40This section applies if corporation tax is chargeable on ring
fence profits of a company for a financial year.

(2) References in this Chapter to the “main rate of corporation
tax”, so far as relating to those profits, are to be taken—

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(a) if corporation tax is to be charged on those profits at
the main ring fence profits rate, as references to that
rate;

(b) if corporation tax is to be charged on those profits at
5the small ring fence profits rate, as references to that
rate;

(c) if corporation tax on those profits is to be reduced by
reference to the marginal relief fraction within the
meaning of Chapter 3A of Part 8 (see sections 279B
10and 279C), as including references to the marginal
relief fraction (and with references to a rate being
“fixed” or “proposed” read accordingly as references
to the marginal relief fraction concerned being fixed
or proposed).

(b) 15accordingly, in the heading for the section, for “small profits
substitute “ring fence profits”.

(5) In section 628 (company in liquidation: corporation tax rates), for “the rate of
corporation tax” (in each place it occurs) substitute “the main rate of
corporation tax”.

(6) 20In section 630 (company in administration: corporation tax rates), for “the
rate of corporation tax” (in each place it occurs) substitute “the main rate of
corporation tax”.

16 In section 1119 of CTA 2010 (Corporation Tax Acts definitions), at the
appropriate places insert—

17 (1) Schedule 4 to CTA 2010 (index of defined expressions) is amended as
30follows.

(2) Insert the following entries at the appropriate places—

the main ring
fence profits
rate
section
279A(4) (as
applied by
35section 1119)”
“the marginal
relief fraction
(in Chapter
3A of Part 8)
section
279B(3)”

“related 51%
group
company
40section 279F
(as applied by
section 1119)”

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“the small
ring fence
profits rate
section
279A(4)

(3) Omit the entries for—

(4) 10In the entry for “augmented profits (in Part 3)”—

(a) in the first column for “Part 3” substitute “Chapter 3A of Part 8”, and

(b) in the second column, for “32” substitute “279G”.

(5) In the entry for “the lower limit (in Part 3)”—

(a) in the first column for “Part 3” substitute “Chapter 3A of Part 8”, and

(b) 15in the second column for “24” substitute “279E”.

(6) In the entry for “the upper limit (in Part 3)”—

(a) in the first column for “Part 3” substitute “Chapter 3A of Part 8”, and

(b) in the second column for “24” substitute “279E”.

Finance Act 2012

18 20In section 102 of FA 2012 (policy holders’ rate of tax on policyholders’ share
of I-E profit), omit subsection (5).

Finance Act 2013

19 In section 6 of FA 2013 (main rate for financial year 2015)—

(a) in subsection (1) for “the rate” substitute “the main rate”,

(b) 25in that subsection, omit “on profits of companies other than ring
fence profits”, and

(c) omit subsection (2).

20 In Schedule 25 to that Act (charge on certain high value disposals by
companies etc), omit paragraph 19.

30Part 3 Commencement and transitional provision

21 (1) The amendments made by paragraphs 8, 9 and 13 have effect in relation to
accounting periods beginning on or after 1 April 2015.

(2) Accordingly—

(a) 35despite the repeal of Part 3 of CTA 2010 by paragraph 4 of this
Schedule, sections 25 to 30 of that Act (interpretation of references to
associated companies) continue to apply for the purposes of section
99 of CAA 2001, and sections 357CL and 357CM of CTA 2010, in

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relation to accounting periods beginning before but ending on or
after 1 April 2015, and

(b) in relation to the application of sections 25 to 30 of CTA 2010 for those
purposes, paragraph 22(2) of this Schedule is to be ignored.

22 (1) 5The other amendments made by this Schedule have effect for the financial
year 2015 and subsequent financial years.

(2) In the case of an accounting period (a “straddling period”)—

(a) beginning before 1 April 2015, and

(b) ending on or after that date,

10the repealed small profit provisions and the new ring-fence small profit
provisions apply as if the different parts of the straddling period falling in
the different financial years were separate accounting periods.

(3) For this purpose—

(4) For the purposes of sub-paragraph (2) all necessary apportionments are to
be made between the two separate accounting periods.

Section 10

SCHEDULE 2 20Annual investment allowance: transitional provisions etc

Part 1 Transitional provisions

Chargeable periods which straddle start date

1 (1) This paragraph applies in relation to a chargeable period which begins
25before the start date and ends on or after that date (“the first straddling
period”).

For “the start date”, see section 10(3).

(2) The maximum allowance under section 51A of CAA 2001 for the first
straddling period is the sum of each maximum allowance that would be
30found if—

(a) so much (if any) of the first straddling period as falls before 1 January
2013,

(b) so much of the first straddling period as falls on or after that date but
before the start date, and

(c) 35so much of the first straddling period as falls on or after the start
date,

were each treated as separate chargeable periods.

(3) But this is subject to paragraphs 2 and 3.

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First straddling period beginning before 1 January 2013

2 (1) This paragraph applies where the first straddling period begins before 1
January 2013.

(2) So far as concerns expenditure incurred before 1 January 2013, the maximum
5allowance under section 51A of CAA 2001 for the first straddling period is
what would have been the maximum allowance for that period if neither the
amendment made by section 7(1) of FA 2013 nor the amendment made by
section 10(1) had been made.

(3) So far as concerns expenditure incurred before the start date, the maximum
10allowance under section 51A of CAA 2001 for the first straddling period is
what would have been the maximum allowance for that period if neither the
amendment made by section 10(1) nor the amendments made by Part 2 of
this Schedule had been made.

First straddling period beginning on or after 1 January 2013

3 (1) 15This paragraph applies where no part of the first straddling period falls
before 1 January 2013.

(2) So far as concerns expenditure incurred before the start date, the maximum
allowance under section 51A of CAA 2001 for the first straddling period is
what would have been the maximum allowance for that period if the
20amendment made by section 10(1) had not been made.

Chargeable periods which straddle 1 January 2016

4 (1) This paragraph applies in relation to a chargeable period (“the second
straddling period”) which begins before 1 January 2016 and ends on or after
that date.

(2) 25The maximum allowance under section 51A of CAA 2001 for the second
straddling period is the sum of each maximum allowance that would be
found if—

(a) the period beginning with the first day of the chargeable period and
ending with 31 December 2015, and

(b) 30the period beginning with 1 January 2016 and ending with the last
day of the chargeable period,

were treated as separate chargeable periods.

(3) But, so far as concerns expenditure incurred on or after 1 January 2016, the
maximum allowance under section 51A of CAA 2001 for the second
35straddling period is the maximum allowance, calculated in accordance with
sub-paragraph (2), for the period mentioned in paragraph (b) of that sub-
paragraph.

Operation of annual investment allowance where restrictions apply

5 (1) Paragraphs 1 to 4 also apply for the purpose of determining the maximum
40allowance under section 51K of CAA 2001 (operation of annual investment
allowance where restrictions apply) in a case where one or more chargeable
periods in which the relevant AIA qualifying expenditure is incurred are
chargeable periods within paragraph 1(1) or 4(1).

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