Section 444 — Corporation Tax Act 2010: Companies involved with non-close companies

Companies involved with non-close companies 444 1 A company is not to be treated as a close company if condition A or B is met.

2 Condition A is that the company—

a is controlled by one or more companies none of which is a close company, and b cannot be treated as a close company except by taking, as one of the 5 or fewer participators requisite for its being so treated, a company which is not a close company.

3 Condition B is that the company—

a would not be a close company were it not for paragraph (a) of section 439(3) or paragraph (d) of section 450(3),

and b would not be a close company if the references in those paragraphs to participators did not include loan creditors which are companies other than close companies.

4 References in subsections (2) and (3) to a close company include a company which, if UK resident, would be a close company.