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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. Meaning of “effective 51% subsidiary”

Section 771 | Meaning of “effective 51% subsidiary”

From legislation.gov.uk

(1)For the purposes of this Part a company (“the subsidiary”) is an effective 51% subsidiary of another company (“the parent”) if (and only if) conditions A and B are met.

(2)Condition A is that the parent is beneficially entitled to more than 50% of any profits available for distribution to equity holders of the subsidiary (see section 772).

(3)Condition B is that the parent would be beneficially entitled to more than 50% of any assets of the subsidiary available for distribution to its equity holders on a winding up (see section 772).

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