SCHEDULES

SCHEDULE 18VAT groups: eligibility

PART 1Eligibility of individuals and partnerships

1

1

Section 43A of VATA 1994 (groups: eligibility) is amended as follows.

2

In subsection (1), in the opening words—

a

for “bodies corporate” substitute “UK bodies corporate”;

b

omit “each is established or has a fixed establishment in the United Kingdom and”.

3

Omit subsections (2) and (3).

4

At the end insert—

4

An individual carrying on a business and one or more UK bodies corporate are eligible to be treated as members of a group if the individual—

a

controls the UK body corporate or all of the UK bodies corporate, and

b

is established, or has a fixed establishment, in the United Kingdom in relation to the business.

5

Two or more relevant persons carrying on a business in partnership (“the partnership”) and one or more UK bodies corporate are eligible to be treated as members of a group if the partnership—

a

controls the UK body corporate or all of the UK bodies corporate, and

b

is established, or has a fixed establishment, in the United Kingdom in relation to the business.

6

In this section—

a

UK body corporate” means a body corporate which is established or has a fixed establishment in the United Kingdom;

b

relevant person” means an individual, a body corporate or a Scottish partnership.

7

Section 43AZA contains provision for determining for the purposes of this section whether a body corporate, individual or partnership controls a UK body corporate.

2

In that Act, after section 43A insert—

43AZASection 43A: control test

1

This section applies for the purposes of section 43A (and expressions used in this section have the same meaning as in that section).

2

A body corporate (“X”) controls a UK body corporate if—

a

X is empowered by statute to control the UK body corporate’s activities, or

b

X is the UK body corporate’s holding company.

3

An individual (“Y”) controls a UK body corporate if Y would, were Y a company, be the UK body corporate’s holding company.

4

Two or more relevant persons carrying on a business in partnership (“the partnership”) control a UK body corporate if the partnership would, were it a company, be the UK body corporate’s holding company.

5

In this section “holding company” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 2006.