# Corporation Tax Act 2010, Section 269CG: The “start-up period”


(1) In this Chapter the “start-up period”, in relation to a company (“company C”), means the period of 5 years beginning with the day on which company C first begins to carry on a relevant regulated activity (“the start-up day”).
This is subject to the following provisions of this section.
(2) If on the start-up day—
(a) company C is a member of a group,
(b) there are one or more other members of the group that have carried on a relevant regulated activity while a member of the group, and
(c) none of those members first began to carry on such an activity more than 5 years before the start-up day,
company C's start-up period is the period beginning with the start-up day and ending with the relevant group period.
(3) The “relevant group period”, in relation to a group, means the period of 5 years beginning with the earliest day on which any member of the group first began to carry on a relevant regulated activity.
(4) If on the start-up day—
(a) company C is a member of a group,
(b) there are one or more other members of the group that have carried on a relevant regulated activity while a member of the group, and
(c) any of those members first began to carry on such an activity more than 5 years before the start-up day,
company C does not have a start-up period.
(5) This subsection applies if—
(a) on a day falling within company C's start-up period (“the relevant day”), company C becomes a member of a group,
(b) one or more of the members of the group which on the relevant day carry on a relevant regulated activity first began to do so before the beginning of company C's start-up period, and
(c) the relevant regulated activities carried on by company C do not form a significant proportion of the relevant regulated activities carried on immediately after the relevant day by the members of the group as a whole.
(6) Where subsection (5) applies, company C's start-up period—
(a) in the case where any of the members of the group first began to carry on a relevant regulated activity more than 5 years before the relevant day, ends immediately before the relevant day;
(b) in any other case, ends with the relevant group period.
(7) This subsection applies if—
(a) on a day falling within company C's start-up period (“the relevant day”), another company that carries on a relevant regulated activity (“the new member”) becomes a member of a group of which company C is a member,
(b) the new member first began to carry on a relevant regulated activity before the beginning of company C's start-up period, and
(c) the relevant regulated activities carried on by the new member form a significant proportion of the relevant regulated activities carried on immediately after the relevant day by the members of the group as a whole.
(8) Where subsection (7) applies, company C's start-up period—
(a) in the case where the new member first began to carry on a relevant regulated activity more than 5 years before the relevant day, ends immediately before the relevant day;
(b) in any other case, ends with the relevant group period.
(9) Any reference in this section to being, or becoming, a member of a group includes a reference to being, or becoming, a member of a partnership; and references to the “relevant group period” are to be read accordingly.
(10) Section 269CL contains provision for determining when a company first begins to carry on a relevant regulated activity.

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Source: https://www.legislation.gov.uk/ukpga/2010/4/section/269CG (the official version)
Page: https://openlegislation.uk/corporation-tax-act-2010/section-269CG
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.