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Legislation
Corporation Tax Act 2010

Crossheading Close companies

  • Section 1064 Certain expenses of close companies treated as distributions
  • Section 1065 Exception for benefits treated as employment income etc
  • Section 1066 Exception for certain transfers between UK resident companies
  • Section 1067 Companies acting in concert or under arrangements
  • Section 1068 Meaning of “participator” in sections 1064 to 1067
  • Section 1069 Additional persons treated as participators
  1. Close companies
  2. Certain expenses of close companies treated as distributions

Section 1064 | Certain expenses of close companies treated as distributions

From legislation.gov.uk

(1)This section applies if a close company incurs an expense in, or in connection with, the provision for any participator of—

(a)living or other accommodation,

(b)entertainment,

(c)domestic or other services, or

(d)other benefits or facilities of any kind.

(2)The company is treated for the purposes of the Corporation Tax Acts as making a distribution to the participator of an amount equal to—

(a)the expense, less

(b)any part of the expense that the participator makes good to the company (so far as not already deducted in calculating the amount of the expense in accordance with subsection (3)).

(3)For the purposes of subsection (2)(a), the amount of the expense is equal to what would, under Chapter 6, 7 or 10 of Part 3 of ITEPA 2003, be the cash equivalent of the resultant benefit to the participator.

(4)Subsection (2) is subject to sections 1065 and 1066, and to any other express exceptions.

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