Section 357LC — Corporation Tax Act 2010: The independent broker condition

The independent broker condition 357LC 1 This section applies if a transaction is carried out on behalf of a company in the course of the company's trade by a person in Northern Ireland acting as a broker.

2 In relation to the transaction, the broker is regarded for the purposes of section 357LA(1) as an agent of independent status acting in the ordinary course of the broker's business if (and only if) each of conditions A to D is met.

3 Condition A is that at the time of the transaction the broker is carrying on the business of a broker.

4 Condition B is that the transaction is carried out in the ordinary course of that business.

5 Condition C is that the remuneration which the broker receives in respect of the transaction for the provision of the services of a broker to the company is not less than is customary for that class of business.

6 Condition D is that the broker does not fall (apart from this subsection) to be treated as a NI RE of the company in relation to any other transaction of any kind carried out in the same accounting period of the company as the transaction in question.