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Legislation
Corporation Tax Act 2009

Crossheading Rules

  • Section 765 General rule: a company and its 75% subsidiaries form a group
  • Section 766 Only effective 51% subsidiaries of principal company to be members of group
  • Section 767 Principal company cannot be 75% subsidiary of another company
  • Section 768 Company cannot be member of more than one group
  • Section 769 Continuity of identity of group
  • Section 770 Continuity where group includes an SE
  • Section 771 Meaning of “effective 51% subsidiary”
  • Section 772 Equity holders and profits or assets available for distribution
  • Section 773 Supplementary provisions
  1. Rules
  2. Principal company cannot be 75% subsidiary of another company

Section 767 | Principal company cannot be 75% subsidiary of another company

From legislation.gov.uk

(1)The general rule is that a company (“A”) is not the principal company of a group if it is itself a 75% subsidiary of another company (“B”).

(2)That rule is subject to subsection (3).

(3)A is the principal company of a group (“group C”) if—

(a)A and B are prevented from being members of another group by section 766,

(b)the requirements of sections 765 and 766 are met in relation to group C, and

(c)A being the principal company of group C does not enable a further company to be the principal company of a group of which A would be a member.

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