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Paragraph 17

(1)

In its application in relation to a relevant accounting period of a qualifying holding company, Part 2 of Schedule 25 to ICTA has effect subject to the modifications in this paragraph.

(2)

Sub-paragraph (4) or (4A) of paragraph 6 applies to a company only if—

(a)

the condition specified in that sub-paragraph is met, and

(b)

conditions A and B are met.

(3)

Condition A is that at all material times the company was a member of a group with the same ultimate corporate parent.

(4)

For this purpose the following times are “material”—

(a)

the beginning of 9 December 2008, and

(b)

all times during the accounting period in question.

(5)

Condition B is that amount X does not exceed amount Y.

(6)

Amount X is the amount of the company's gross income in the accounting period in question that is non-qualifying gross income.

(7)

Amount Y is (subject to sub-paragraph (8))—

(a)

where there are three reference periods in relation to the company, the greatest of the amounts of the company's non-qualifying gross income in each of those periods,

(b)

where there are two reference periods in relation to the company, the greater of the amounts of the company's non-qualifying gross income in each of those periods,

(c)

where there is one reference period in relation to the company, the amount of the company's non-qualifying gross income in that period, or

(d)

where there is no reference period in relation to the company, the amount of the company's non-qualifying gross income in the period of 12 months ending with 9 December 2008.

(8)

Where the number of days in the period by reference to which amount X is determined is not the same as the number of days in the period by reference to which amount Y is determined, amount Y is to be multiplied by—

DXDY

where—

DX is the number of days in the period by reference to which amount X is determined, and

DY is the number of days in the period by reference to which amount Y is determined.

(9)

In this paragraph—

  • “non-qualifying gross income” means gross income that does not satisfy the test in paragraph 6(3), (4) or (4A) of Schedule 25 to ICTA;

  • “a reference period”, in relation to a company, means an accounting period of the company that—

    1. (a)

      is one of the last three accounting periods of the company to end before 9 December 2008, and

    2. (b)

      is an accounting period in relation to which the company is an exempt holding company.

Notes on Qualifying holding companies: treatment during three years before 1 July 2012

Textual amendments

F1

Word in Sch. 16 para. 17 substituted (21.7.2009 retrospective) by Finance Act 2011 (c. 11), Sch. 12 paras. 9(5), 14(1)