Section 1112J — Corporation Tax Act 2009: Chapter 2 relief for Northern Ireland companies

Chapter 2 relief for Northern Ireland companies 1112J 1 This section applies for the purpose of determining the entitlement of a Northern Ireland company to relief under Chapter 2.

2 A Northern Ireland company is entitled to additional relief under Chapter 2 only to the extent that the additional relief would be exempted from notification under Article 108(3) of the TFEU by a de minimis aid regulation listed in paragraph 3.4 of Annex 5 to the Windsor Framework (as amended or replaced from time to time).

3 In subsection (2), “ additional relief ” means the difference between the value of the relief claimed by the company under Chapter 2 in respect of expenditure and the value of the relief that could have been obtained by the company under Chapter 1A in respect of that expenditure.

4 This section does not apply to a company in relation to an accounting period if the company—

a has not, at any time during the accounting period, carried on a trade involving—

i trade in goods, or ii the generation, transmission, distribution, supply, wholesale trade or cross-border exchange of electricity, and b has notified an officer of Revenue and Customs in writing that it wishes to rely on the exception in this subsection.

5 In this section— “ Northern Ireland company ” means a company whose registered office is in Northern Ireland; “ TFEU ” means the Treaty on the Functioning of the European Union as it has effect by virtue of Article 10 of the Windsor Framework; “ Windsor Framework ” means the part of the EU withdrawal agreement known as the Windsor Framework by virtue of Joint Declaration No. 1/2023 of 24th March 2023 made by the European Union and the United Kingdom in the Joint Committee established by the EU withdrawal agreement.