Taxation (International and Other Provisions) Act 2010 section 61

Provision of information between members of group where no reporting company appointed

Section 61 allows UK group companies to require information from one another in order to work out their own tax-interest positions, in circumstances where the group has failed to appoint a reporting company or has failed to file a full interest restriction return on time.

  • This provision applies where either no reporting company has been appointed for a period of account (and it is too late to make one), or where a reporting company was appointed but failed to submit a full interest restriction return by the filing date.
  • Any company that was a UK group company at any time during the relevant period of account may issue a notice to any other such company requiring it to provide information.
  • The information requested must be what the requesting company needs to determine whether, or to what extent, it must leave tax-interest expense amounts out of account or bring them into account under the corporate interest restriction rules.
  • The notice must specify the information required, and the obligation to comply is legally enforceable by the company that issued the notice.

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