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Index to Corporation Tax Bill


 

Part 22: Miscellaneous provisions

Chapter 1: Transfers of trade without a change of ownership

Clause 938: Overview of Chapter

Clause 939: Meaning of “transfer of a trade” and related expressions

Clause 940: Transfers to which Chapter applies

Clause 941: The ownership condition

Clause 942: Options that may be applied for the purposes of the ownership condition

Clause 943: The tax condition

Clause 944: Modified application of Chapter 2 of Part 4

Clause 945: Cases in which predecessor retains more liabilities than assets

Clause 946: Rules for determining “L”

Clause 947: Rules for determining “A”

Clause 948: Modified application of CAA 2001

Clause 949: Dual resident investing companies

Clause 950: Transfers of trades involving business of leasing plant or machinery

Clause 951: Part of trade treated as separate trade

Clause 952: Apportionment if part of trade treated as separate trade

Clause 953: Application of Chapter to further transfers of a trade

Chapter 2: Transfers of trade to obtain balancing allowances

Clause 954: Transfer of activities on complete cessation of trade

Clause 955: Transfer of activities on part cessation of trade

Clause 956: Apportionment if part of trade treated as separate trade

Clause 957: Supplementary and interpretative provisions

Chapter 3: Transfer of relief within partnerships

Clause 958: Application

Clause 959: Arrangements for transfer of relief

Clause 960: Restrictions on use of reliefs

Clause 961: Non-trading profits and losses

Clause 962: Interpretation of Chapter

Chapter 4: Surrender of tax refund within group

Clause 963: Power to surrender tax refund

Clause 964: Effects of surrender of tax refund

Clause 965: Interest on tax overpaid or underpaid

Clause 966: Payments for surrendered tax refunds

Chapter 5: Set off of income tax deductions against corporation tax

Clause 968: Deductions from payments received by non-UK resident companies

Chapter 6: Collection etc of tax from UK representatives of non-UK resident companies

Clause 969: Introduction to Chapter

Clause 970: Obligations and liabilities in relation to corporation tax

Clause 971: Exceptions

Clause 972: Interpretation of Chapter

Chapter 7: Recovery of unpaid corporation tax due from non-UK resident company

Clause 973: Introduction to Chapter

Clause 974: Case in which this Chapter applies

Clauses 975 and 976: Meaning of “the relevant period”; meaning of “related company”

Clause 977: Notice requiring payment of unpaid tax

Clause 978: Time limit for giving notice

Clause 979: Amount payable in consortium case

Clause 980: Chapter 7: supplementary

Chapter 8: Exemptions

Clause 981: Exemption for trade unions and eligible employers’ associations

Clause 982: Qualifying income or gains

Clause 983: Meaning of “trade union” and “eligible employers’ association”

Clause 984: Local authorities and local authority associations

Clause 985: Health service bodies

Clause 986: Meaning of “health service body”

Clause 987: NHS foundation trusts

Clause 988: Issue departments of the Reserve Bank of India and the State Bank of Pakistan

Clause 989: Agricultural societies

Chapter 9: Other miscellaneous provisions

Clause 990: European Economic Interest Groupings

Clause 991: Harbour reorganisation schemes: corporation tax

Clause 992: Harbour reorganisation schemes: capital allowances etc

Clause 993: Harbour reorganisation schemes: chargeable gains

Clause 994: Transfer of part of trade

Clause 995: Interpretation of sections 991 to 994

Clause 996: Use of different accounting practices within a group of companies

Part 23: Company distributions

Chapter 1: Introduction

Chapter 2: Matters which are distributions

Clause 999: Priority of negative rules

Clause 1000: Meaning of “distribution”

Clause 1001: Provisions related to paragraphs A to H in section 1000(1)

Clause 1002: Exceptions for certain transfers of assets or liabilities between a company and its members

Clause 1003: Redeemable share capital

Clause 1004: Securities issued otherwise than for new consideration

Clause 1005: Meaning of “non-commercial securities”

Clause 1006: Distributions exceeding consideration received for issue of security

Clause 1007: Securities issued at premium representing new consideration

Clause 1008: Consideration for issue of security exceeding amount of principal

Clause 1009: Securities reflecting dividends on certain shares etc: exclusion of section 1008

Clause 1010: Meaning of “qualifying index” in section 1009

Clause 1011: Meaning of “associated company” in section 1009

Clause 1012: Hedging arrangements

Clause 1013: Exception to section 1012

Clause 1014: Meaning of “hedging arrangements”

Clause 1015: Meaning of “special securities”

Clause 1016: Meaning of “equity note” in section 1015

Clause 1017: Section 1015: other interpretation

Clause 1018: The principal secured: special securities

Clause 1019: Relevant alternative finance return

Clause 1020: Transfers of assets or liabilities treated as distributions

Clause 1021: Section 1020 exceptions

Clause 1022: Bonus issue following repayment of share capital treated as distribution

Clause 1023: Exceptions to section 1022

Clause 1024: Premiums paid on redemption of share capital

Clause 1025: Share capital issued at a premium representing new consideration

Clause 1026: Distributions following a bonus issue

Clause 1027: Cap on amount of distributions affected by section 1026

Clause 1028: Certain payments connected with exempt distributions

Chapter 3: Matters which are not distributions

Clause 1030: Distribution in respect of share capital in a winding up

Clause 1031: Distribution as part of a cross-border merger

Clause 1032: Interest etc paid in respect of certain securities

Clause 1033: Purchase by unquoted trading company of own shares

Clause 1034: Requirements as to residence

Clause 1035: Requirement as to period of ownership

Clause 1036: Determining the period of ownership

Clause 1037: Requirement as to reduction of seller’s interest as shareholder

Clause 1038: Section 1037: effect of entitlement to profits

Clause 1039: Requirements where purchasing company is a member of a group

Clause 1040: Determining whether interests as shareholders in a group are substantially reduced

Clause 1041: Section 1040: effect of entitlement to profits

Clause 1042: Other requirements

Clause 1043: Relaxation of requirements in certain cases

Clause 1044: Advance clearance of payments by Commissioners

Clause 1045: Advance clearance: supplementary

Clause 1046: Information and returns

Clause 1047: Meaning of “group” and “51% subsidiary” in sections 1033 to 1047

Clause 1048: Sections 1033 to 1047: other interpretation

Clause 1049: Stock dividends

Clause 1050: Application of section 1049 where bonus share capital is converted etc

Clause 1051: “Bonus share capital” and “in lieu of a cash dividend”

Clause 1052: Share capital to which section 1049 applies: returns

Clause 1053: Return periods

Clause 1054: Building society payments

Clause 1055: Industrial and provident societies: interest and share dividends

Clause 1056: Dividend or bonus relating to transactions

Clause 1057: UK agricultural or fishing co-operatives: interest and share dividends

Clause 1058: Meaning of “UK agricultural or fishing co-operative”

Clause 1059: Associated persons

Clause 1060: Associated persons: trustees

Clause 1061: Associated persons: personal representatives

Clause 1062: Connected persons

Clause 1063: Section 1062: supplementary

Chapter 4: Special rules for distributions made by certain companies

Clause 1065: Exception for benefits treated as employment income etc

Clause 1066: Exception for certain transfers between UK resident companies

Clause 1067: Companies acting in concert or under arrangements

Clause 1068: Meaning of “participator” in sections 1064 to 1067

Clause 1069: Additional persons treated as participators

Clause 1070: Companies carrying on a mutual business

Clause 1071: Companies not carrying on a business

Clause 1072: Members of a 90% group

Chapter 5: Demergers

Clause 1073: Key terms etc

Clause 1074: Purpose of provisions about demergers

Clause 1075: Exempt distributions

Clause 1076: Transfer of shares in subsidiaries to members

Clause 1077: Transfer by distributing company and issue of shares by transferee company

Clause 1078: Division of business in a cross-border transfer

Clause 1079: “The distributing company”

Clause 1080: Meaning of “relevant company”

Clause 1081: General conditions

Clause 1082: Conditions for distributions within section 1076(a)

Clause 1083: Conditions for distributions within section 1077

Clause 1084: Cases where condition K does not apply

Clause 1085: Conditions to be met if the distributing company is a 75% subsidiary

Clause 1086: Chargeable payments connected with exempt distributions

Clause 1087: Chargeable payments not deductible in calculating profits

Clause 1088: Meaning of “chargeable payment”

Clause 1089: Meaning of “chargeable payment”: unquoted companies

Clause 1090: Meaning of “company concerned in an exempt distribution”

Clause 1091: Advance clearance of distributions

Clause 1092: Advance clearance of payments

Clause 1093: Requirements relating to applications for clearance

Clause 1094: Decision of the Commissioners or tribunal

Clause 1095: Exempt distributions: returns

Clause 1096: Chargeable payments etc: returns

Clause 1097: Information about person for whom a payment is received

Clause 1098: “Unquoted company”

Clause 1099: Other definitions etc

Chapter 6: Information and returns: further provisions

Clause 1100: Qualifying distributions: right to request a statement

Clause 1101: Non-qualifying distributions etc: returns and information

Clause 1102: Non-qualifying distributions etc: additional information

Clause 1103: Power to modify or replace sections 1101 and 1102

Clause 1104: Company distributing dividend or interest: duty to provide tax certificates

Clause 1105: Duties of nominees

Clause 1106: Meaning of “tax certificate” etc

Clause 1107: Penalties

Clause 1108: Alternative means of compliance with sections 1104 and 1105

Chapter 7: Tax credits

Clause 1109: Tax credits for certain recipients of exempt qualifying distributions

Clause 1110: Recovery of overpaid tax credit etc

Clause 1111: Section 1110: supplementary

Chapter 8: Interpretation of Part

Clause 1113: “In respect of shares”

Clause 1114: “In respect of securities”

Clause 1115: “New consideration”

Clause 1116: References to married persons, or civil partners, living together

Clause 1117: Other interpretation

Part 24: Corporation Tax Acts definitions etc

Chapter 1: Definitions

Clause 1119: The definitions

Clause 1120: “Bank”

Clause 1121: “Company”

Clause 1122: “Connected” persons

Clause 1123: “Connected” persons: supplementary

Clause 1124: “Control”

Clause 1125: “Farming” and related expressions

Clause 1126: “Franked investment income”

Clause 1127: “Generally accepted accounting practice” and related expressions

Clause 1128: “Grossing up”

Clause 1129: “Hire-purchase agreement”

Clause 1130: “Local authority”

Clause 1131: “Local authority association”

Clause 1132: “Offshore installation”

Clause 1133: Regulations about the meaning of “offshore installation”

Clause 1134: “Oil and gas exploration and appraisal”

Clause 1135: “Property investment LLP”

Clause 1136: “Qualifying distribution”

Clause 1137: “Recognised stock exchange”

Clause 1138: “Research and development”

Clause 1139: “Tax advantage”

Clause 1140: “Unauthorised unit trust”

Chapter 2: Permanent establishments

Clause 1141: Permanent establishments of companies

Clause 1142: Agent of independent status

Clause 1143: Preparatory or auxiliary activities

Clause 1144: Alternative finance arrangements

Clause 1145: The independent broker conditions

Clause 1146: The independent investment manager conditions

Clause 1147: Investment managers: the 20% rule

Clause 1148: Section 1147: interpretation

Clause 1149: Application of 20% rule to collective investment schemes

Clause 1150: Meaning of “investment manager” and “investment transaction”

Clause 1151: Lloyd’s agents

Clause 1152: Investment managers: disregard of certain chargeable profits

Clause 1153: Miscellaneous

Chapter 3: Subsidiaries

Clause 1154: Meaning of “51% subsidiary”, “75% subsidiary” and “90% subsidiary”

Clause 1155: Indirect ownership of ordinary share capital

Clause 1156: Calculation of amounts owned indirectly: main rules

Clause 1157: Adding fractions together

Chapter 4: Investment trusts

Clause 1158: Meaning of “investment trust”

Clause 1159: Conditions for approval

Clause 1160: Calculation of income

Clause 1161: The income retention condition: exceptions

Clause 1162: The 15% holding limit: exceptions

Clause 1163: Basic meaning of “holding in a company”

Clause 1164: More about the meaning of “holding in a company”

Clause 1165: Other interpretation

Chapter 5: Other Corporation Tax Acts provisions

Clause 1167: Sources of income within the charge to corporation tax or income tax

Clause 1168: Payment of dividends

Clause 1169: Settlements and trustees

Clause 1170: Territorial sea of the United Kingdom

Clause 1171: Orders and regulations

Clause 1172: Apportionment to different periods

Clause 1173: Miscellaneous charges

Part 25: Definitions for purposes of Act and final provisions

Clause 1174: Abbreviated references to Acts

Clause 1175: Claims and elections

Clause 1176: Meaning of “connected” persons and “control”

Clause 1177: Minor and consequential amendments

Clause 1178: Power to make consequential provision

Clause 1179: Power to undo changes

Clause 1180: Transitional provisions and savings

Clause 1181: Repeals and revocations

Clause 1182: Index of defined expressions

Clause 1183: Extent

Clause 1185: Short title

Schedule 1: Minor and consequential amendments

Part 1: Income and Corporation Taxes Act 1988

Section 343: Company reconstructions without a change of ownership

Section 505: Charitable companies: general

Section 511: The Electricity Council and Boards, the Northern Ireland Electricity Service and the Gas Council

Section 513: British Airways Board and National Freight Corporation

Section 767B: Change of company ownership: supplementary

Section 768A: Change in ownership: disallowance of carry back of trading losses

Section 768B: Change in ownership of company with investment business: deductions generally

Section 774: Transactions between dealing company and associated company

Section 776: Transactions in land: taxation of capital gains

Section 777: Provisions supplementary to section 776

Schedule 23A: Manufactured dividends and interest

Schedule 28A: Change in ownership of company with investment business: deductions

Part 2: Other enactments

Finance Act 1989

Schedule 12: Close companies: consequential provisions

Taxation of Chargeable Gains Act 1992

Section 217D: Industrial and provident societies and co-operatives

Sections 256, 256A, 256B, 256C, 256D: Charities and gifts of non-business assets etc

Section 257: Gifts to charities etc

Charities Act 1993

Finance Act 2000

Paragraph 21A

Paragraph 46(2)

Capital Allowances Act 2001

Section 99: The monetary limit

Section 253: Companies with investment business

Schedule A1: First-year tax credits

Finance Act 2002

Income Tax (Earnings and Pensions) Act 2003

Schedule 2: Approved share incentive plans

Schedule 5: Enterprise management incentives

Companies (Audit, Investigations and Community Enterprise) Act 2004

Income Tax (Trading and Other Income) Act 2005

Section 148E: long funding operating lease: lessor’s additional expenditure

Section 148F: Lessor under long funding operating lease: termination of lease

Chapter 3 of Part 4: Dividends etc. from UK resident companies and tax credits etc. in respect of certain distributions

Section 415: Charge to tax under Chapter 6

Finance Act 2005

Income Tax Act 2007

Sections 346, 348(7), 356, 361, 363, 365, 368, 369 and 373: Community investment tax relief

Sections 340 and 341: Application and criteria for accreditation and terms and conditions of accreditation

Section 355: Securities or shares: no claim after disposal or excessive receipts of value

Section 364: Value received by investor during 6 year period: securities or shares

Chapter 6 of Part 13: Avoidance involving leases of plant and machinery

Section 991: Meaning of “bank”

Section 999: Meaning of “local authority”

Section 1000: Meaning of “local authority association”

Schedule 2 Part 6: Transitionals and savings: losses on disposal of shares

Finance Act 2008

Corporation Tax Act 2009

Section 520: Provision not at arm’s length: non-deductibility of relevant return

Section 1219: Expenses of management of a company’s investment business

Schedule 2: Transitionals and savings etc

Part 3: Currency

Part 5: Losses on disposal of shares

Relief after an exchange of shares for shares in another company

Interpretation of Chapter

Application in relation to corresponding bonus shares

Part 11: Close companies

Part 12: Charitable companies etc

Exemption for investment income and exemption for certain miscellaneous income

Transactions with substantial donors and non-charitable expenditure

Part 14: Co-operative housing associations and self-build societies

Delegation of functions to the Regulator of Social Housing

Part 15: Transactions in securities

Part 16: Factoring of income etc

Application of section 779 (income-transfer under loan or credit transaction)

Part 17: Manufactured payments and repos

Manufactured overseas dividends: overseas dividends paid before 22 April 2009

Part 21: Transfers of trade without a change in ownership

Part 22: Use of different accounting practices within a group

Part 23: Company distributions

Exempt distributions

Schedule 3: Repeals and revocations

Schedule 4: Index of defined expressions

FINANCIAL EFFECTS OF THE BILL

EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER

SUMMARY OF THE IMPACT ASSESSMENT

EUROPEAN CONVENTION ON HUMAN RIGHTS

Clauses 229 and 1107: Penalty provisions

Clauses 438 to 465

Clauses 706 to 718

Part 2 of Schedule 2

TERRITORIAL EXTENT

COMMENCEMENT

 
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Prepared: 19 November 2009