Section 357WA | Meaning of “Northern Ireland firm” ^F1

(1)A firm is a “Northern Ireland firm” in an accounting period of the firm (“the firm's accounting period”) if—

(a)the firm carries on a qualifying partnership trade in the period, and

(b)the SME (Northern Ireland employer) partnership condition, the SME (election) partnership condition or the large partnership condition is met.^F2

(2)The “SME (Northern Ireland employer) partnership condition” is that the firm—^F3

(a)is an SME in relation to the firm's accounting period, and

(b)is a Northern Ireland employer in relation to that period.

(2A)The “SME (election) partnership condition” is that—^F4

(a)the firm is an SME in relation to the firm's accounting period,^F4

(b)the firm is not a Northern Ireland employer in relation to that period,^F4

(c)the firm has a NIRE in that period,^F4

(d)the firm is not a disqualified firm in relation to the period, and^F4

(e)an election by the firm for the purposes of this subsection has effect in relation to that period.^F4

(3)The “large partnership condition” is that the firm—

(a)is not an SME in relation to the firm's accounting period, and

(b)has a NIRE in that period.

(3A)An election for the purposes of subsection (2A)—^F5

(a)must be made by notice to an officer of Revenue and Customs,^F5

(b)must specify the accounting period in relation to which it is to have effect (“the specified accounting period”),^F5

(c)must be made before the end of the period of 12 months beginning with the end of the specified accounting period, and^F5

(d)if made in accordance with paragraphs (a) to (c) has effect in relation to the specified accounting period.^F5

(4)In their application in relation to a firm, the provisions mentioned in subsection (5) have effect as if—^F6

(a)references to a company were to a firm, and

(b)references to the Northern Ireland workforce conditions were to the Northern Ireland workforce partnership conditions (see section 357WBA).^F7

(5)The provisions are—

(a)section 357KC (meaning of “SME”);

(b)section 357KD (meaning of “Northern Ireland employer”);

(c)Repealed^F8

(d)Chapter 5 (Northern Ireland regional establishments);

(e)section 1128 of CTA 2009 (meaning of “externally provided worker”).

(6)A reference in this Chapter, in relation to a Northern Ireland firm, to “the firm's trade” is to the trade mentioned in subsection (1).