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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 sellers 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: Lloyds 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: lessors 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 arms length: non-deductibility of relevant return
Section 1219: Expenses of management of a companys 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
© Parliamentary copyright 2009
Prepared: 19 November 2009