Section 1047 — Corporation Tax Act 2010: Meaning of “group” and “51% subsidiary” in sections 1033 to 1047

Meaning of “group” and “51% subsidiary” in sections 1033 to 1047 1047 1 In this section and sections 1033 to 1046 “group” (except in the expression “ trading group ”) means a company which has one or more 51% subsidiaries but is not itself a 51% subsidiary of any other company, together with those subsidiaries. This is subject to subsection (2).

2 If the whole or a significant part of the business carried on by an unquoted company (“ the successor company ”) was previously carried on by—

a the company making the purchase, or b a company which is, apart from this subsection, a member of a group to which the company making the purchase belongs, the successor company and any company of which it is a 51% subsidiary are treated as being members of the same group as the company making the purchase (whether or not, apart from this subsection, the company making the purchase is a member of a group).

3 But subsection (2) does not apply if the successor company first carried on the business in question more than 3 years before the time of the purchase.

4 For the purposes of this section and sections 1033 to 1046, a company which has ceased to be a 51% subsidiary of another company before the time of the purchase is treated as continuing to be a 51% subsidiary of that company if at the time of the purchase there exist arrangements under which it could again become such a subsidiary.