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Legislation
Corporation Tax Act 2010

Crossheading Purchase of own shares

  • Section 1033 Purchase by unquoted trading company of own shares
  • Section 1034 Requirements as to residence
  • Section 1035 Requirement as to period of ownership
  • Section 1036 Determining the period of ownership
  • Section 1037 Requirement as to reduction of seller's interest as shareholder
  • Section 1038 Section 1037: effect of entitlement to profits
  • Section 1039 Requirements where purchasing company is a member of a group
  • Section 1040 Determining whether interests as shareholders in a group are substantially reduced
  • Section 1041 Section 1040: effect of entitlement to profits
  • Section 1042 Other requirements
  • Section 1043 Relaxation of requirements in certain cases
  1. Purchase of own shares
  2. Section 1040: effect of entitlement to profits

Section 1041 | Section 1040: effect of entitlement to profits

From legislation.gov.uk

(1)The seller's interest as a shareholder in the purchaser's group is not taken to be substantially reduced if—

(a)the seller would, if every member of the group distributed all its profits available for distribution immediately after the purchase (including any profits received by it on a distribution by another member), be entitled to a share of the profits of one or more of them, and

(b)the new entitlement exceeds 75% of the old entitlement.

(2)In subsection (1)—

“the new entitlement” means the share, or the aggregate of the shares, mentioned in subsection (1)(a), expressed as a fraction of the aggregate of the profits available for distribution of every member of the group which is—

(a)a relevant company, or

(b)a 51% subsidiary of a relevant company, and

“the old entitlement” means the corresponding fraction immediately before the purchase.

(3)Subsections (2) to (5) of section 1038 apply for the purposes of this section as they apply for the purposes of section 1038(1).

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