PART 5SUPPLEMENTARY PROVISION

CHAPTER 6SPECIAL CASES

Corporate groups

I178Conditions for designation as member of group

1

A body corporate may be designated as a member of a group only if—

a

it carries out taxable operations or intends to do so, and

b

it is under the same control as every other member of the group.

2

Two or more bodies corporate are under the same control if—

a

one of them controls all of the others,

b

one body corporate or individual controls all of them, or

c

two or more individuals carrying on business in partnership control all of them.

3

For the purposes of subsection (2)—

a

one body corporate (“A”) controls another body corporate (“B”) if—

i

A is empowered by or under an enactment to control B's activities, or

ii

A is B's holding company;

b

an individual or individuals control a body corporate if they would, if they were a company, be the body's holding company.

4

In subsection (3), “holding company” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 2006 (c. 46).