CTM80535 | Consortia: group relief: 90% subsidiary

From HM Revenue & Customs · Company Taxation Manual

,

A trading company which is a direct 90% subsidiary of a holding company owned by a consortium may itself be a ‘company owned by a consortium’ (). Such a subsidiary is a 90% subsidiary if the holding company:

  • directly beneficially owns not less than 90% of the subsidiary company’s ordinary share capital as defined in ,

and

  • is beneficially entitled to not less than 90% of:

  • any profits available for distribution to equity holders of the subsidiary company,

and

  • any assets of the subsidiary company which would be available for distribution to its equity holders on a winding-up (see ).

The detailed rules in the second bullet above are in . The description of how these apply is in onwards.

Where the conditions above are not met for part of an accounting period (during which there is otherwise a consortium relationship) that period of interruption is excluded from the calculation under /Ss138 to 142 of the amounts available for claim or surrender in the overlapping period ().