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Legislation
Income Tax Act 2007

Crossheading Conditions relating to the social enterprise: general

  • Section 257M The continuing to be a social enterprise requirement
  • Section 257MA The amount raised from investments potentially eligible for relief
  • Section 257MB Power to amend limits on amounts raised
  • Section 257MC The gross assets requirement
  • Section 257MD The unquoted status requirement
  • Section 257ME The control and independence requirements
  • Section 257MF The qualifying subsidiaries requirement
  • Section 257MG The property-managing subsidiaries requirement
  • Section 257MH The number of employees requirement
  • Section 257MI The no partnership requirement
  • Section 257MIA The financial health requirement
  • Section 257MJ The trading requirement
  • Section 257MK Ceasing to meet trading requirement: administration or receivership
  • Section 257ML The issue must be to raise money for chosen trade or preparing for it
  • Section 257MM Requirement to use money raised and to trade for minimum period
  • Section 257MN The social enterprise must carry on the chosen trade
  1. Conditions relating to the social enterprise: general
  2. The control and independence requirements

Section 257ME | The control and independence requirements

From legislation.gov.uk

(1)The social enterprise must not at any time in the shorter applicable period control (whether on its own or together with any person connected with it) any company which is not a qualifying subsidiary of the social enterprise.

(2)The social enterprise must not at any time in the shorter applicable period—

(a)be a 51% subsidiary of a company, or

(b)be under the control of a company, or under the control of a company and a person connected with that company, without being a 51% subsidiary of the company.

(3)No arrangements must be in existence at any time in the shorter applicable period by virtue of which the social enterprise could fail to meet either or both of subsections (1) and (2) (whether during that period or otherwise).

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