• Home
  • Tax Law Online
  • CAA2001 | 2009 | Section 51D Third restriction: groups of companies under common control

Section 51D Third restriction: groups of companies under common control

Contents | Previous section | Next section
Section_bannerLearn more
Kindle_icon_40x40
£8.04 on Kindle
store UK | US (non-UK customers) | sneak peak
Pdf-icon_40x40
£20 eBook download

Amendments

Section 51D inserted by Finance Act 2008 section 74 and Schedule 24 para 3 in relation to expenditure incurred on or after 1 April 2008 (for corporation tax purposes), and 6 April 2008 (for income tax purposes).

(1) Where in a financial year two or more groups of companies are&madsh;

(a) controlled by the same person (see section 51F), and

(b) related to one another (see section 51G),

this section applies in relation to the companies which are members of those group.

(2) the companies are entitled to a single annual investment allowance between them in respect of the relevant AIA qualifying expenditure.

(3) The companies may allocate the annual investment allowance to the relevant AIA qualifying expenditure as they think fit.

(4) The relevant AIA qualifying expenditure is the AIA qualifying expenditure incurred by the companies in chargeable periods ending in the financial year mentioned in subsection (1).

(5) In this section and in sections 51F and 51G, a group of companies means—

(a) a company which, in the financial year mentioned in subsection (1), is a parent undertaking of one or more other companies, and

(b) those other companies,

(and the members of the group are the company which is the parent undertaking and those other companies).

(6) A company (“P”) is a parent undertaking of another company (“C”) in a financial year if P is a parent undertaking of C at the end of C’s chargeable period ending in that financial year.

(7) In this section “parent undertaking” has the same meaning as in section 1162 of the Companies Act 2006.

Contents | Previous section | Next section