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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. Other requirements

Section 1042 | Other requirements

From legislation.gov.uk

(1)The seller must not, immediately after the purchase, be connected with—

(a)the company making the purchase, or

(b)any other company which is a member of the same group as that company.

(2)The purchase must not be part of a scheme or arrangement which is designed, or likely, to result in—

(a)the seller, or

(b)an associate of the seller,

having disqualifying interests in the company.

(3)For the purposes of subsection (2), interests in the company are disqualifying interests if any of the requirements in subsection (1) and sections 1037 and 1039 could not be met if the person in question had those interests immediately after the purchase.

(4)A transaction occurring within one year after the purchase is treated for the purposes of subsection (2) as part of a scheme or arrangement of which the purchase is also part.

(5)Subsections (1) and (2) are subject to section 1043.

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