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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. Equity holders and profits or assets available for distribution

Section 772 | Equity holders and profits or assets available for distribution

From legislation.gov.uk

(1)Chapter 6 of Part 5 of CTA 2010 (group relief: equity holders and profits or assets available for distribution) applies for the purposes of sections 768 and 771.

(2)In that Chapter as it applies for those purposes—

(a)section 158 of CTA 2010 has effect as if after subsection (2) there were inserted—

(2A)But for those purposes a person carrying on a business of banking is not treated as a loan creditor of a company in respect of any loan capital or debt issued or incurred by the company for money lent by the person to the company in the ordinary course of that business.

, and

(b)sections 171(1)(b) and (3), 173, 174 and 176 to 182 of that Act are to be treated as omitted.

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