Section 43A Groups: eligibility
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Amendments
Section 43A inserted by Finance Act 1999 section 16 and Schedule 2 para 2 with effect in accordance with the transitional provisions in Finance Act 1999 Schedule 2 para 6.
(1) Two or more bodies corporate are eligible to be treated as members of a group if each is established or has a fixed establishment in the United Kingdom and—
(a) one of them controls each of the others,
(b) one person (whether a body corporate or an individual) controls all of them, or
(c) two or more individuals carrying on a business in partnership control all of them.
(2) For the purposes of this section a body corporate shall be taken to control another body corporate if it is empowered by statute to control that body’s activities or if it is that body’s holding company within the meaning of section [1159 of and Schedule 6 to]1 the Companies Act [2006]2.
Amendments
1 Substituted for “736 of” by S.I. 2009/1890 article 4(1)(k) from 1 October 2009.
2 Substituted for “1985” by S.I. 2009/1890 article 4(1)(k) from 1 October 2009.
(3) For the purposes of this section an individual or individuals shall be taken to control a body corporate if he or they, were he or they a company, would be that body’s holding company within the meaning of [those provisions]1.
Amendments
1 Substituted for the words “that section” by S.I. 2009/1890 article 4(3) from 1 October 2009.
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