CTM15300 | Distributions: general: disapplication of the distribution provisions

From HM Revenue & Customs · Company Taxation Manual

and S1021

For distributions made before 17 July 2012, and S1021 disapply the distributions provisions, but in different circumstances.

CTA10/S1021 (1) says that does not apply where:

  • the company and the member receiving the benefit of the transaction are both UK resident companies which are bodies corporate and either

  • the company giving the benefit is a subsidiary of the recipient, or

  • both companies are subsidiaries of a third UK resident company.

Any amount that would be a distribution but for CTA10/S1021 (1) cannot be a distribution under B.

CTA10/S1002 (1) and S1021 (4) prevent certain transactions being distributions under either B or G. It applies to transfers of assets (other than cash), or of liabilities, between companies where

  • both are UK residents, neither of which is a 51 per cent subsidiary ( to (4)) of a non-UK resident company,

and

  • the two companies are not under common control (), either at the time of the transfer or as a result of it.

  • and S1021 were repealed for distributions made on or after 17 July 2012.