# Companies Act 2006, Section 479: Availability of small companies exemption in case of group company

Extent: E+W+S+N.I.

(1) A company is not entitled to the exemption conferred by section 477 (small companies) in respect of a financial year during any part of which it was a group company unless—
(a) the group—
(i) qualifies as a small group in relation to that financial year, and
(ii) was not at any time in that year an ineligible group, or
(b) subsection (3) applies.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A company is not excluded by subsection (1) if, throughout the whole of the period or periods during the financial year when it was a group company, it was both a subsidiary undertaking and dormant.
(4) In this section—
(a) “group company” means a company that is a parent company or a subsidiary undertaking, and
(b) “the group”, in relation to a group company, means that company together with all its associated undertakings.
For this purpose undertakings are associated if one is a subsidiary undertaking of the other or both are subsidiary undertakings of a third undertaking.
(5) For the purposes of this section—
(a) whether a group qualifies as small shall be determined in accordance with section 383 (companies qualifying as small: parent companies);
(b) “ineligible group” has the meaning given by section 384(2) and (3);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The provisions mentioned in subsection (5) apply for the purposes of this section as if all the bodies corporate in the group were companies.

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Source: https://www.legislation.gov.uk/ukpga/2006/46/section/479 (the official version)
Page: https://openlegislation.uk/companies-act-2006/section-479
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.