OpenLegislation

Section 552 “The section 552 amount”

United Kingdom

(1)

For the purposes of section 551, the section 552 amount is calculated by taking 3 steps.

(2)

Step 1: find the amount given by—F1

DO×SO×BRTMCT

where—

DO is—

  1. (a)

    in the case of a group UK REIT, the amount of the group's UK profits (as defined by section 530(2)) distributed in respect of ordinary shares in the principal company, and

  2. (b)

    in the case of a company UK REIT, the amount of profits of property rental business of the company distributed in respect of ordinary shares in the company,

SO is—

  1. (a)

    the percentage of rights in respect of those shares held by the holder of excessive rights, or

  2. (b)

    if less, the percentage of rights held by the recipient of the distribution,

in respect of which the distribution is made,

F2PBRT is F3the property basic rate of income tax in force at the time the distribution is made, and

MCT is the F4main rate of corporation tax.

(3)

Step 2: find the amount given by—F5

DP×SP×BRTMCT

where—

DP is—

  1. (a)

    in the case of a group UK REIT, the amount of the group's UK profits (as defined by section 530(2)) distributed in respect of preference shares in the principal company, and

  2. (b)

    in the case of a company UK REIT, the amount of profits of property rental business of the company distributed in respect of preference shares in the company,

SP is—

  1. (a)

    the percentage of rights in respect of those shares held by the holder of excessive rights, or

  2. (b)

    if less, the percentage of rights held by the recipient of the distribution,

in respect of which the distribution is made, and

F6PBRT and MCT have the same meaning as they have in subsection (2).

(4)

Step 3: add together the amounts given by steps 1 and 2.

That amount is the section 552 amount.

Annotations

Textual amendments

F1

S. 552(2) Step 1 formula: "PBRT" substituted for "BRT" (for the tax year 2027-28 and subsequent tax years) by Finance Act 2026 (c. 11), s. 6(8), Sch. 1 para. 53(a)(i)

F2

Word in s. 552(2) substituted (for the tax year 2027-28 and subsequent tax years) by Finance Act 2026 (c. 11), s. 6(8), Sch. 1 para. 53(a)(i)

F3

Words in s. 552(2) substituted (for the tax year 2027-28 and subsequent tax years) by Finance Act 2026 (c. 11), s. 6(8), Sch. 1 para. 53(a)(ii)

F4

Words in s. 552(2) substituted (with effect in accordance with Sch. 1 para. 22 of the amending Act) by Finance Act 2014 (c. 26), Sch. 1 para. 14(6)

F5

S. 552(3) Step 2 formula: "PBRT" substituted for "BRT" (for the tax year 2027-28 and subsequent tax years) by Finance Act 2026 (c. 11), s. 6(8), Sch. 1 para. 53(b)

F6

Word in s. 552(3) substituted (for the tax year 2027-28 and subsequent tax years) by Finance Act 2026 (c. 11), s. 6(8), Sch. 1 para. 53(b)