Section 356OG | The chargeable company ^F1

(1)For the purposes of sections 356OC and 356OE the general rule is that the “chargeable company” is the company (“C”) that realises the profit or gain (as mentioned in section 356OB(1) or 356OD(1)).

(2)The general rule in subsection (1) is subject to the special rules in subsections (4) to (6).

(3)But those special rules do not apply in relation to a profit or gain to which section 356OH(3) (fragmented activities) applies.

(4)If all or any part of the profit or gain accruing to C is derived from value provided directly or indirectly by another person (“B”) which is a company, B is the “chargeable company”.

(5)Subsection (4) applies whether or not the value is put at the disposal of C.

(6)If all or any part of the profit or gain accruing to C is derived from an opportunity of realising a profit or gain provided directly or indirectly by another person (“D”) which is a company, D is “the chargeable company” (unless the case falls within subsection (4)).

(7)For the meaning of “another person” see section 356OO.