Taxation (International and Other Provisions) Act 2010 section 158

Indirect participation: defined by sections 159 to 162

Section 158 acts as a signposting provision that directs readers to the correct definition of "indirect participation" depending on which part of the Act they are applying.

• The concept of indirect participation in management, control or capital is not given a single definition — it has up to four possible meanings set out in sections 159 to 162.
• Which meanings apply depends on the specific provision being used: some provisions draw on two meanings (sections 159 and 160 only), while others draw on three (sections 159, 160 and 161, or sections 159, 160 and 162), and one draws on all four.
• For the core transfer pricing participation condition (section 148) and related security provisions (section 175), the applicable definitions differ depending on which limb of those sections is in point — one limb uses sections 159, 160 or 161, and the other uses sections 159, 160 or 162.
• For certain other provisions — including those concerning double taxation relief royalties (section 132), capital market conditions (section 204), hybrid mismatch control groups (section 259NB), and the definition of "associate" in Part 5 (section 219) — the section specifies which subset of the four meanings applies in each case.