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Legislation
Corporation Tax Act 2010

Crossheading Distributions to certain shareholders

  • Section 551 Tax consequences of distribution to holder of excessive rights
  • Section 552 “The section 552 amount”
  • Section 553 Meaning of “holder of excessive rights” and “excluded holder”
  • Section 554 Regulations: distributions to holders of excessive rights
  • Section 554A Meaning of “distribution”
  1. Distributions to certain shareholders
  2. “The section 552 amount”

Section 552 | “The section 552 amount”

From legislation.gov.uk

(1)For the purposes of section 551, the section 552 amount is calculated by taking 3 steps.

(2)Step 1: find the amount given by—

Formula

DO×SO×BRTMCT

where—

DO is—

in the case of a group UK REIT, the amount of the group's UK profits (as defined by section 530(2)) distributed in respect of ordinary shares in the principal company, and

in the case of a company UK REIT, the amount of profits of property rental business of the company distributed in respect of ordinary shares in the company,

SO is—

the percentage of rights in respect of those shares held by the holder of excessive rights, or

if less, the percentage of rights held by the recipient of the distribution,

in respect of which the distribution is made,

PBRT is the property basic rate of income tax in force at the time the distribution is made, and

MCT is the main rate of corporation tax.

(3)Step 2: find the amount given by—

Formula

DP×SP×BRTMCT

where—

DP is—

in the case of a group UK REIT, the amount of the group's UK profits (as defined by section 530(2)) distributed in respect of preference shares in the principal company, and

in the case of a company UK REIT, the amount of profits of property rental business of the company distributed in respect of preference shares in the company,

SP is—

the percentage of rights in respect of those shares held by the holder of excessive rights, or

if less, the percentage of rights held by the recipient of the distribution,

in respect of which the distribution is made, and

PBRT and MCT have the same meaning as they have in subsection (2).

(4)Step 3: add together the amounts given by steps 1 and 2.That amount is the section 552 amount.

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