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SCHEDULES

SCHEDULE 5U.K.Enterprise management incentives

Part 3U.K.Qualifying companies

Excluded activities: provision of facilities for another businessU.K.

23(1)This paragraph applies where a company (“the service provider”) provides services or facilities for a business carried on by another person.U.K.

(2)Providing those services or facilities is an excluded activity if—

(a)the business consists to a substantial extent in carrying on excluded activities within any of sub-paragraphs (a) to (k) of paragraph 16, and

(b)a controlling interest in the business is held by a person (other than a company of which the service provider is a subsidiary) who also has a controlling interest in the business carried on by the service provider.

(3)Sub-paragraphs (4) to (6) explain what is meant by a controlling interest in a business for the purposes of sub-paragraph (2)(b).

(4)In the case of a business carried on by a company, a person (“P”) has a controlling interest in the business if—

(a)P controls the company,

(b)the company is a close company and P, or an associate of P's, is a director of the company and either—

(i)is the beneficial owner of more than 30% of the ordinary share capital of the company, or

(ii)is able (directly or through the medium of other companies or by any other indirect means) to control more than 30% of that share capital, or

(c)not less than half of the business could, in accordance with [F1section 942 of CTA 2010 (options for purposes of ownership condition)], be regarded as belonging to him for the purposes of [F2section 941 of that Act (trade transfers without change of ownership: ownership condition)].

(5)In any other case, a person has a controlling interest in a business if that person is entitled to not less than half—

(a)of the assets used for the business, or

(b)of the income arising from it.

(6)For the purposes of sub-paragraph (4)(a) the question whether a person controls a company is to be determined in accordance with [F3sections 450 and 451 of CTA 2010] (“control” in the context of close companies).

(7)For the purposes of this paragraph any rights or powers of a person who is an associate of another person are to be attributed to that other person.

(8)In this paragraph—

Textual Amendments

F1Words in Sch. 5 para. 23(4)(c) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 399(4)(a)(i) (with Sch. 2)

F2Words in Sch. 5 para. 23(4)(c) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 399(4)(a)(ii) (with Sch. 2)

F3Words in Sch. 5 para. 23(6) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 399(4)(b) (with Sch. 2)

F4Words in Sch. 5 para. 23(8) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 399(4)(c)(i) (with Sch. 2)

F5Words in Sch. 5 para. 23(8) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 399(4)(c)(ii) (with Sch. 2)

F6Words in Sch. 5 para. 23(8) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 399(4)(d) (with Sch. 2)