Section 357BHC — Corporation Tax Act 2010: Mixed sources of income

Mixed sources of income 357BHC 1 This section applies to any income that—

a is mixed income, or b is paid under a mixed agreement. 2 “ Mixed income ” means the proceeds of sale where an item falling within subsection (2) of section 357BH and an item not falling within that subsection are sold together as, or as part of, a single unit for a single price.

3 A “mixed agreement” is an agreement providing for—

a one or more of the matters in paragraphs (a) to (c) of subsection (4),

and b one or more of the matters in paragraphs (d) to (g) of that subsection.

4 The matters are—

a the sale of an item falling within section 357BH(2),

b the grant of any right falling within paragraph (a), (b) or (c) of section 357BH(6),

c a sale or disposal falling within section 357BH(7),

d the sale of any other item, e the grant of any other right, f any other sale or disposal, g the provision of any services.

5 So much of the income as on a just and reasonable apportionment is properly attributable to—

a the sale of an item falling within section 357BH(2),

b the grant of any right falling within paragraph (a), (b) or (c) of section 357BH(6), or c a sale or disposal falling within section 357BH(7), is to be regarded for the purposes of this Part as relevant IP income.

6 But where the amount of income that on such an apportionment is properly attributable to any of the matters in paragraphs (d) to (g) of subsection (4) is a trivial proportion of the income to which this section applies, all of that income is to be regarded for the purposes of this Part as relevant IP income.