CTM03948 | Small profits rate: financial year 2023 onwards: associated company definition: attribution to persons of rights and powers of their partners

CTA10/18G and SI2022/1203, CTA10/451

In determining if a person or group of persons has control of a company, the rights and powers of a person’s nominees are attributed to that person.

The indirect rights and powers of a person’s associates held in separate companies are also attributed unless there is no substantial commercial interdependence between the companies concerned. Associates includes spouses and civil partners, blood relatives and trustees or settlors of trust beneficiaries (see CTA10/S448).

The statutory rules are set out in CTA10/S18G and SI2022/1203. The practical application of the rules will vary depending on the facts of each particular case.

CTM03949 gives more details.

If CTA10/S18G applies (that is, where there is no substantial commercial interdependence between two companies) the only rights attributed to a person are those of:

• their nominees (see CTM60140), and

• any companies which the person controls or the person and their associates control together.