# Finance Act 2009, Paragraph 8


(1) Section 410 (interpretation of section 409) is amended as follows.
(2) In subsections (3)(b) and (4)(b), after “resident” insert “ for tax purposes ”.
(3) After subsection (4) insert—
“(4A) The non-qualifying territory condition applies if C is a company; and the non-qualifying territory condition is that C is—
(a) resident for tax purposes in a non-qualifying territory at any time in the relevant period, or
(b) effectively managed in a non-taxing non-qualifying territory at any such time.”
(4) In subsection (5), for the definition of “resident” substitute—
““resident for tax purposes” means liable, under the law of the non-qualifying territory, to tax there by reason of domicile, residence or place of management, and”.
(5) After that subsection insert—
“(5A) For the purposes of this section, a non-qualifying territory is “non-taxing” if companies are not under its law liable to tax by reason of domicile, residence or place of management.”

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Source: https://www.legislation.gov.uk/ukpga/2009/10/schedule/20/paragraph/8 (the official version)
Page: https://openlegislation.uk/finance-act-2009/schedule-20/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.