OpenLegislation

Article 4

United Kingdom

Original text. Later amendments are not shown.

1.

Within two months following notification of this Decision, the United Kingdom shall submit the following information to the Commission:

(a)

a list of the beneficiaries that have received aid under the aid scheme;

(b)

a list of the tax payers that have applied the group financing exemption to non-trading finance profits from qualifying loan relationships falling within Section 371EC (capital investments from the UK) of Part 9A of TIOPA and not falling within Section 371EB (UK activities) of Part 9A of TIOPA;

(c)

for each beneficiary, the CFC charge actually charged in determining the beneficiary's liability under the corporate income tax return, for each tax year that he has applied the group financing exemption, as well as the relevant corporate income tax return formsf1;

(d)

for each beneficiary, the CFC charge that would have been charged if he had not applied the group financing exemption, including underlying calculations, for each tax year that the beneficiary has applied the group financing exemption;

(e)

the total aid amount and its detailed calculation (principal aid amount and recovery interest) to be recovered from each beneficiary;

(f)

documents demonstrating that the beneficiaries have been ordered to repay the aid.

2.

For each beneficiary, the United Kingdom shall supply the Commission with supporting evidence demonstrating how the extent to which non-trading finance profits from qualifying loan relationships fall within Section 371EB of Part 9A of TIOPA has been calculated.

3.

For each tax payer, referred to in paragraph (1)(b) of this Article, the United Kingdom shall supply the Commission with supporting evidence demonstrating that the non-trading finance profits from qualifying loan relationships fall within Section 371EC of Part 9A of TIOPA and do not fall within Section 371EB of Part 9A of TIOPA.

4.

The United Kingdom shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid in accordance with Article 2 has been completed. On request by the Commission, it shall immediately submit information on the national measures already taken and on those planned to be taken, in order to comply with this Decision, including detailed information on the amounts of aid and recovery interest already recovered from the beneficiaries.

Annotations

Footnotes

f1

Including preparatory material and relevant supplementary pages to the company tax return (e.g. form CT600B).