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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading When a person qualifies as small for a tax year

  • Section 60A When a company qualifies as small for a tax year
  • Section 60B When a company qualifies as small for a tax year: joint ventures
  • Section 60C When a company qualifies as small for a tax year: subsidiaries
  • Section 60D When a relevant undertaking qualifies as small for a tax year
  • Section 60E When other undertakings qualify as small for a tax year
  • Section 60F When other persons qualify as small for a tax year
  • Section 60G Sections 60A to 60F: connected persons
  • Section 60H Duty on client to state whether it qualifies as small for a tax year
  1. When a person qualifies as small for a tax year
  2. When a company qualifies as small for a tax year: subsidiaries

Section 60C | When a company qualifies as small for a tax year: subsidiaries F1

From legislation.gov.uk

(1)A company does not qualify as small for a tax year by reason of the condition in section 60A(3) being met if—

(a)the company is a member of a group at the end of its last financial year that is relevant to the tax year,

(b)the company is not the parent undertaking of that group at the end of that financial year, and

(c)the undertaking that is the parent undertaking of that group at that time does not qualify as small in relation to its last financial year that is relevant to the tax year.

(2)Where the parent undertaking mentioned in subsection (1)(c) is not a company, sections 382 and 383 of the Companies Act 2006 have effect for determining whether the parent undertaking qualifies as small in relation to its last financial year that is relevant to the tax year as if references in those sections to a company and a parent company included references to an undertaking and a parent undertaking.

(3)For the purposes of subsections (1)(c) and (2) a financial year of an undertaking that is not a company is “relevant to” a tax year if it ends at least 9 months before the beginning of the tax year.

(4)For the purposes of this section, a financial year of a company is “relevant to” a tax year if the period for filing the company's accounts and reports for the financial year ends before the beginning of the tax year.

(5)Expressions used in this section and in the Companies Act 2006 have the same meaning in this section as in that Act.

Notes

  1. F1

    Ss. 60A-60I and cross-headings inserted (6.4.2021 for the tax year 2021-22 and subsequent tax years) by Finance Act 2020 (c. 14), Sch. 1 paras. 5, 24 (with Sch. 1 paras. 30-34)

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