CTM81120 | Groups & consortia: groups - entitlement to profits or assets available for distribution: examples - background

From HM Revenue & Customs · Company Taxation Manual

The examples at to show how the legislation in and applies in various group structures to ensure that group relief can only pass to the parent company that is the true economic parent.

The examples are illustrative rather than true to life, and, for simplicity, only the entitlement to profits test is considered. Similar principles apply to the test of entitlement to assets in a winding-up. Remember that an equity holder is defined in terms of a person who not only may hold ordinary shares but also is a creditor in respect of a loan that is not a ‘normal commercial loan’ - see .

An illustration of the application of the basic rule in and is at and more complicated structures involving:

  • shares with limited rights, paragraph 4, ( to ),

  • shares with varying rights, paragraph 5, ( to ),

  • option arrangements, paragraph 5B, ( to ),are illustrated at to .