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Corporation Tax Act 2009

Sections and provisions with full text and the judgments that cite each one.

Section 1132A — “Qualifying earnings”

“Qualifying earnings” 1132A 1 This section determines what are “ qualifying earnings ” in relation to an externally provided worker for the purposes of this Part. 2 The worker’s earnings are…

Section 1133 — Contracted out research and development

Contracted out research and development 1133 1 This section applies for the purposes of this Part. 2 A person “contracts out” research and development if— a the person enters into a contract under…

Section 1134 — Qualifying element of contractor payment: connected persons

Qualifying element of contractor payment: connected persons 1134 1 This section applies if— a a company (“ A ”) makes a contractor payment to another person (“ B ”), b A and B are connected, and c in…

Section 1135 — Election for connected persons treatment

Election for connected persons treatment 1135 1 Where a company makes a contractor payment to a person with whom it is not connected, the company and that person may jointly elect that section 1134…

Section 1136 — Qualifying element of contractor payment: other cases

Qualifying element of contractor payment: other cases 1136 1 This section applies to a contractor payment to which section 1134 does not apply. 2 The qualifying element of the payment is 65% of the…

Section 1137 — Accounting periods: company not within charge to corporation tax

Accounting periods: company not within charge to corporation tax 1137 1 This section applies to a company if— a it is not within the charge to corporation tax, and b it incurs qualifying Chapter 2…

Section 1138 — “Subsidised expenditure”

“Subsidised expenditure” 1138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1138A — Externally provided workers and contractors: R&D undertaken abroad

Externally provided workers and contractors: R&D undertaken abroad 1138A 1 This section applies to research and development undertaken outside the United Kingdom if— a the research and development is…

Section 1138B — Exempt foreign permanent establishments

Exempt foreign permanent establishments 1138B For the purposes of this Part in its application to an accounting period, a company’s expenditure is “attributable to an exempt foreign permanent…

Section 1139 — “Intellectual property”

“Intellectual property” 1139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1139A — Expenditure incurred on payments

Expenditure incurred on payments 1139A 1 References in this Part to expenditure incurred on payments (however expressed) are references to expenditure incurred on payments made before the making of a…

Section 1140 — “Relevant payments to the subjects of a clinical trial”

“Relevant payments to the subjects of a clinical trial” 1140 1 For the purposes of this Part “ relevant payment ”, in relation to a subject of a clinical trial, means a payment made to the subject…

Section 1140A — Groups

Groups 1140A For the purposes of this Part, a company is in the same group as another company if those companies are in the same group for the purposes of Part 5 of CTA 2010.

Section 1141 — “Payment period”

“Payment period” 1141 In this Part a “ payment period ” means a period— a which ends on the fifth day of a month, and b for which the company is liable to account for income tax and national…

Section 1142 — Ineligible companies

Ineligible companies 1142 1 For the purposes of this Part a company is an “ineligible company” if it is — a a charity, b an institution of higher education, c an association (in the sense that word…

Section 1142A — “Claim notification” and “claim notification period”

“Claim notification” and “claim notification period” 1142A 1 For the purposes of this Part— “ claim notification ” means, in relation to an R&D claim, a notification made by the company to an officer…

Section 1142B — “R&D claim”

“R&D claim” 1142B For the purposes of this Part an “R&D claim” means a claim under— a section 1042C (R&D expenditure credits), b section 1044 (relief for SMEs: additional deduction), or c section…

Section 1142C — Right to payment of credit inalienable

Right to payment of credit inalienable 1142C 1 The right of a company to be paid an amount of R&D expenditure credit or R&D tax credit may not be assigned. 2 Accordingly, a purported assignment of…

Section 1142D — General rule against payments of credit to nominees

General rule against payments of credit to nominees 1142D 1 Where an amount of R&D expenditure credit or R&D tax credit is owed to a company, an officer of Revenue and Customs may not pay the amount…

Section 1142E — Orders and regulations: ancillary provision

Orders and regulations: ancillary provision 1142E Any order or regulations under this Part may— a contain incidental, supplemental, consequential and transitional provision and savings; b make…

Section 1143 — Overview of Part

Overview of Part 1143 1 This Part provides for corporation tax relief for expenditure on land in the United Kingdom, where the expenditure is incurred for the purpose of remedying contamination or…

Section 1144 — “Qualifying land remediation expenditure”

“Qualifying land remediation expenditure” 1144 1 For the purposes of this Part a company's “ qualifying land remediation expenditure ” means expenditure incurred by it in relation to which each of…

Section 1145 — Land “in a contaminated state”

Land “in a contaminated state” 1145 1 For the purposes of this Part land is in a contaminated state if (and only if), because of something in, on or under the land, the land is in a condition such…

Section 1145A — Land “in a derelict state”

Land “in a derelict state” 1145A For the purposes of this Part land is in a derelict state if (and only if) the land— a is not in productive use, and b cannot be put into productive use without the…

Section 1145B — Exclusion of nuclear sites

Exclusion of nuclear sites 1145B 1 A nuclear site is not land in a contaminated state or land in a derelict state for the purposes of this Part. 2 “ Nuclear site ” means— a any site in respect of…

Section 1146 — “Relevant contaminated land remediation”

“Relevant contaminated land remediation” 1146 1 For the purposes of this Part "relevant contaminated land remediation ”, in relation to land which is in a contaminated state and in which a major…

Section 1146A — “Relevant derelict land remediation”

“Relevant derelict land remediation” 1146A 1 For the purposes of this Part “ relevant derelict land remediation ”, in relation to land which is in a derelict state and in which a major interest has…

Section 1147 — Deduction for capital expenditure

Deduction for capital expenditure 1147 1 A company is entitled to relief for an accounting period if conditions A, B and C are met. 2 Condition A is that a major interest in land in the United…

Section 1148 — Election under section 1147

Election under section 1147 1148 1 An election under section 1147 must specify the accounting period in respect of which it is made. 2 The election must be made by notice in writing to an officer of…

Section 1149 — Additional deduction for qualifying land remediation expenditure

Additional deduction for qualifying land remediation expenditure 1149 1 A company is entitled to corporation tax relief for an accounting period if each of conditions A to D is met. 2 Condition A is…

Section 1150 — No relief if company responsible for contamination or dereliction or polluter has interest

No relief if company responsible for contamination or dereliction or polluter has interest 1150 1 A company is not entitled to relief under this Chapter in respect of expenditure on land all or part…

Section 1151 — Entitlement to and payment of tax credit

Entitlement to and payment of tax credit 1151 1 A company is entitled to a land remediation tax credit for an accounting period if it has a qualifying land remediation loss in the period (see section…

Section 1152 — Meaning of “qualifying land remediation loss”

Meaning of “qualifying land remediation loss” 1152 1 For the purposes of this Chapter a company has a “qualifying land remediation loss” in an accounting period if in the period— a it obtains an…

Section 1153 — Amount of a loss which is “unrelieved”

Amount of a loss which is “unrelieved” 1153 1 The amount of a UK property business loss or trading loss that is “unrelieved” is the amount of the loss reduced by— a any relief obtained by the company…

Section 1154 — Amount of tax credit

Amount of tax credit 1154 1 The amount of the land remediation tax credit to which a company is entitled for an accounting period is 16% of the amount of the qualifying land remediation loss for the…

Section 1155 — Payment of tax credit

Payment of tax credit 1155 1 This section applies if a land remediation tax credit for an accounting period is payable to a company. 2 The amount payable in respect of— a the land remediation tax…

Section 1156 — Tax credit payment not income of company

Tax credit payment not income of company 1156 A payment in respect of a land remediation tax credit is not income of the company for any tax purposes.

Section 1157 — Exclusion for capital gains purposes of certain expenditure

Exclusion for capital gains purposes of certain expenditure 1157 1 This section applies if in an accounting period a payment is made to a company in respect of a land remediation tax credit. 2 The…

Section 1158 — Restriction on losses carried forward where tax credit claimed

Restriction on losses carried forward where tax credit claimed 1158 1 For the purposes of section 62 of CTA 2010 (relief for losses made in UK property business) a company's UK property business loss…

Section 1159 — Limitation on relief under Chapter 2

Limitation on relief under Chapter 2 1159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1160 — Provision in respect of I minus E basis

Provision in respect of I minus E basis 1160 This Chapter applies if, for an accounting period, an insurance company is charged to tax in respect of its basic life assurance and general annuity…

Section 1161 — Relief in respect of I minus E basis: ... expenses payable

Relief in respect of I minus E basis: ... expenses payable 1161 1 A company is entitled to relief for an accounting period if conditions A, B and C are met. 2 Condition A is that a major interest in…

Section 1162 — Additional relief

Additional relief 1162 1 If a company is entitled to relief under section 1161 for an accounting period it is also entitled to relief under this section for the period. 2 For the company to obtain…

Section 1163 — No relief if company responsible for contamination or dereliction or polluter has interest

No relief if company responsible for contamination or dereliction or polluter has interest 1163 1 A company is not entitled to relief under section 1161 or 1162 in respect of expenditure on land all…

Section 1164 — Entitlement to tax credit

Entitlement to tax credit 1164 1 A company is entitled to a BLAGAB tax credit for an accounting period if it has a qualifying BLAGAB loss in the period (see section 1165). 2 For the company to obtain…

Section 1165 — Meaning of “qualifying BLAGAB loss”

Meaning of “qualifying BLAGAB loss” 1165 1 For the purposes of this Chapter a company has a “qualifying BLAGAB loss” in an accounting period (“ the relevant accounting period ”) if in the period— a…

Section 1166 — Amount of tax credit

Amount of tax credit 1166 1 The amount of the BLAGAB tax credit to which a company is entitled for an accounting period is 16% of the amount of the qualifying BLAGAB loss for the period. 2 The…

Section 1167 — Payment of tax credit etc

Payment of tax credit etc 1167 1 The provisions mentioned in subsection (2) have effect in relation to a BLAGAB tax credit subject to the modifications set out in subsection (3). 2 The provisions…

Section 1168 — Restriction on carrying forward expenses payable where tax credit claimed

Restriction on carrying forward expenses payable where tax credit claimed 1168 1 This section applies if a company claims a BLAGAB tax credit to which it is entitled for an accounting period. 2 For…

Section 1169 — Artificially inflated claims for relief or tax credit

Artificially inflated claims for relief or tax credit 1169 1 To the extent that a transaction is attributable to arrangements entered into wholly or mainly for a disqualifying purpose, it is to be…