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Legislation
Corporation Tax Act 2010

Chapter 8 Breach of conditions in Chapter 2

  • Section 561 Notice of breach of relevant Chapter 2 condition
  • Section 562 Breach of condition C in section 528 (conditions for company)
  • Section 562A Breach of condition D in section 528 (conditions for company)
  • Section 562B Breach of further condition relating to shares
  • Section 562C Breach of further condition relating to shares in accounting periods 1, 2 and 3
  • Section 563 Breach of property rental business condition
  • Section 564 Breach of condition as to distribution of profits
  • Section 565 “The section 565 amount”
  • Section 566 Breach of condition B in section 531 in accounting period 1
  • Section 567 Meaning of “the notional amount”
  • Section 568 Breach of balance of business conditions after accounting period 1
  • Section 569 Chapter subject to section 572
  1. Chapter 8 · Breach of conditions in Chapter 2
  2. Notice of breach of relevant Chapter 2 condition

Section 561 | Notice of breach of relevant Chapter 2 condition

From legislation.gov.uk

(1)The principal company of a group UK REIT must notify an officer of Revenue and Customs as soon as reasonably practicable if a relevant Chapter 2 condition ceases to be met in relation to the principal company or (as the case may be) the group.

(2)A company UK REIT must notify an officer of Revenue and Customs as soon as is reasonably practicable if a relevant Chapter 2 condition ceases to be met in relation to the company.

(3)Each of the following is a “relevant Chapter 2 condition”—

conditions C and D in section 528 (conditions for company),

the condition in section 528A (further condition relating to shares),

the property rental business condition,

the condition in section 530 (distribution of profits), and

conditions A and B in section 531 (balance of business).

(3A)For the purposes of this section, and sections 563 and 575, the “property rental business condition” is met if either conditions A and B or condition C in section 529 (property rental business) are met.

(4)A notification under subsection (1) or (2) must include—

(a)the date on which the condition first ceased to be met and the date (if any) on which it was met again,

(b)a description of the breach, and

(c)details of the steps (if any) taken by the company to prevent a recurrence of the breach.

(5)The following subsections apply in relation to condition D in section 528.

(6)In accordance with section 527(6) and (7), a notification does not have to be given under subsection (1) or (2) if condition D ceases to be met during the first 3-year period.

(7)If condition D is not met at the start of the first day after the end of the first 3-year period, for the purposes of subsections (1) to (4) condition D is treated as having ceased to be met at the start of that day.

(8)In subsections (6) and (7) “the first 3-year period” has the meaning given by section 527(8).

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