# Corporation Tax Act 2009, Section 1004: Groups, consortiums and commercial associations of companies

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

(1) This section applies for the purposes of this Part.
(2) Two companies are members of the same group if one is a 51% subsidiary of the other or both are 51% subsidiaries of a third company.
(3) “Group transfer” means a transfer of a business, or a part of a business, from one company that is a member of a group to another company that is, or two or more companies that are, members of the group.
(4) A company is a parent company of another company if that other company is its 51% subsidiary.
(5) A company (“the consortium company”) is owned by a consortium if—
(a) five or fewer companies (“the shareholding companies”) between them beneficially own at least 75% of the consortium company's ordinary share capital, and
(b) each of the shareholding companies beneficially owns at least 10% of that capital.
(6) Each shareholding company is a member of the consortium.
(7) For the purposes of subsection (5) the shareholdings of members of a group of companies are to be treated as held by a single company.
(8) And, in such a case, a member of the group of companies is a member of the consortium if the member beneficially owns some of the consortium company's ordinary share capital.
(9) “Commercial association of companies” means a company together with such of its associated companies (as defined in section 449 of CTA 2010) as carry on businesses that are of such a nature that the businesses of the company and the associated companies, taken together, may be reasonably considered to make up a single composite undertaking.

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Source: https://www.legislation.gov.uk/ukpga/2009/4/section/1004 (the official version)
Page: https://openlegislation.uk/corporation-tax-act-2009/section-1004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

