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Legislation
Finance (No. 2) Act 2023

Crossheading Ownership of entities

  • Section 242 Ownership interests and controlling interests
  • Section 243 Calculating percentage ownership interests of a specific entity or individual
  • Section 244 Calculating percentage ownership interests of a class
  • Section 245 Calculating percentage ownership interests: excluded entities
  • Section 246 Calculating percentage direct and indirect ownership interests
  • Section 247 Timing of transfers of interests
  • Section 248 Exclusion of indirect interests held through ultimate parent
  1. Ownership of entities
  2. Calculating percentage ownership interests of a class

Section 244 | Calculating percentage ownership interests of a class

From legislation.gov.uk

(1)For the purpose of determining the percentage of ownership interests in an entity (“A”) held by a class of entities (“B”)—

(a)ignore any indirect ownership interest required to be ignored as described in subsection (2), and

(b)reduce any percentage direct ownership interest required to be reduced in accordance with subsection (3).

(2)An indirect ownership interest is to be ignored if—

(a)it is an indirect ownership interest held by an individual or by an entity that is not a member of B, orF1

(b)it is an indirect ownership interest held by a member of B through another entity that is a member of B.

(3)Where a member of B holds an indirect ownership interest in A solely through an entity, or entities, that are not members of B, the direct ownership interest from which it is derived is to be reduced by the amount of that indirect ownership interest.

(4)This section does not apply—

(a)for the purpose of any provision that requires the calculation of direct ownership interests only, or

(b)for the purposes of section 127(6)(a) and (7)(a) (whether an entity is 95% or 85% owned by qualifying excluded entities).

Notes

  1. F1

    Words in s. 244(2)(a) inserted (22.2.2024 with effect for accounting periods beginning on or after 31.12.2023 in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance Act 2024 (c. 3), Sch. 12 para. 56(4)

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