Corporation Tax Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 356ON — Relevance of transactions, arrangements, etc
Relevance of transactions, arrangements, etc 356ON 1 In determining whether section 356OC(1) or 356OE(1) applies, account is to be taken of any method, however indirect, by which— a any property or…
Section 356OO — “Another person”
“Another person” 356OO 1 In this Part references to “other” persons are to be interpreted in accordance with subsections (2) to (4). 2 A partnership or partners in a partnership may be regarded as a…
Section 356OP — “Arrangement”
“Arrangement” 356OP 1 In this Part “arrangement” (except in the phrase “double taxation arrangements”) includes any agreement, understanding, scheme, transaction or series of transactions, whether or…
Section 356OQ — “Disposal”
“Disposal” 356OQ 1 In this Part references to a “disposal” of any property include any case in which the property is effectively disposed of (whether wholly or in part, as mentioned in subsection…
Section 356OR — “Land” and related expressions
“Land” and related expressions 356OR 1 In this Part “ land ” includes— a buildings and structures, b any estate, interest or right in or over land, and c land under the sea or otherwise covered by…
Section 356OS — References to realising a gain
References to realising a gain 356OS 1 For the purposes of sections 356OB(1) and 356OD(1) it does not matter whether the person (“P”) realising the profit or gain in question realises it for P or…
Section 356OT — Related parties
Related parties 356OT 1 For the purposes of this Part a person (“A”) is related to another person (“B”)— a throughout any period for which A and B are consolidated for accounting purposes, b on any…
Section 357 — Other definitions
Other definitions 357 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 357A — Election for special treatment of profits from patents etc
Election for special treatment of profits from patents etc 357A 1 A company may elect that any relevant IP profits of a trade of the company for an accounting period for which it is a qualifying…
Section 357BA — Meaning of “exclusive licence”
Meaning of “exclusive licence” 357BA 1 In this Part “ exclusive licence ”, in relation to a right (“the principal right”), means a licence which— a is granted by the person who holds either the…
Section 357BBA — Rights to which this Part applies: EU rights
Rights to which this Part applies: EU rights 357BBA 1 This Part applies to the following rights— a an EU supplementary protection certificate, and b any Community plant variety rights granted under…
Section 357BHA — Notional royalty
Notional royalty 357BHA 1 This section applies where— a a company holds a qualifying IP right or an exclusive licence in respect of a qualifying IP right, b the qualifying IP right falls within…
Section 357BIA — Certain amounts not to be deducted from sub-streams at Step 4 of section 357BF
Certain amounts not to be deducted from sub-streams at Step 4 of section 357BF 357BIA 1 This section applies where a company enters into an arrangement with a person under which— a the person assigns…
Section 357BJA — Routine deductions
Routine deductions 357BJA 1 For the purposes of this Part, “ routine deductions ” means deductions falling within any of the Heads set out in— a subsection (2) (capital allowances), b subsection (3)…
Section 357BKA — Notional marketing royalty
Notional marketing royalty 357BKA 1 The notional marketing royalty in respect of a relevant IP income sub-stream is the appropriate percentage of the income allocated to that sub-stream at Step 2 in…
Section 357BLA — The R&D fraction
The R&D fraction 357BLA 1 The R&D fraction for the sub-stream is the lesser of 1 and— ( D + S1 ) × 1.3 D + S1 + S2 + A where— D is the company's qualifying expenditure on relevant R&D undertaken…
Section 357BLEA — Cases where the company is a party to a CSA
Cases where the company is a party to a CSA 357BLEA 1 Subsection (2) applies if during the relevant period— a the company is a party to a cost-sharing arrangement (see section 357GC), b the company…
Section 357BNA — Notional royalty election
Notional royalty election 357BNA 1 Subsection (2) applies where a company has made a notional royalty election for an accounting period under section 357BN(2)(a). 2 In its application for the…
Section 357CA — Total gross income of a trade
Total gross income of a trade 357CA 1 For the purposes of this Part the “total gross income” of a trade of a company for an accounting period is the aggregate of the amounts falling within the Heads…
Section 357CHA — Shortfall in qualifying expenditure
Shortfall in qualifying expenditure 357CHA 1 There is a shortfall in qualifying expenditure in relation to the separate programme trade of a television production company or (as the case may be) the…
Section 357DA — Relevant IP profits
Relevant IP profits 357DA 1 To determine the relevant IP profits of a trade of a company for an accounting period in accordance with this section— Step 1 Take any amounts which are brought into…
Section 357EA — Effect of set-off amount on company with more than one trade
Effect of set-off amount on company with more than one trade 357EA 1 This section applies where— a there is a set-off amount in relation to a trade of a company for an accounting period, and b the…
Section 357FA — Incorporation of qualifying items
Incorporation of qualifying items 357FA 1 Income arising from the sale of any item that incorporates a qualifying item is not relevant IP income if the main purpose, or one of the main purposes, of…
Section 357GA — Revocation of election made under section 357A(1)
Revocation of election made under section 357A(1) 357GA 1 A company may revoke an election made by it under section 357A(1) by giving notice to an officer of Revenue and Customs. 2 The notice must…
Section 357GCA — Application of this Part in relation to transferred trades
Application of this Part in relation to transferred trades 357GCA 1 Where— a a company (“ the transferor ”) ceases to carry on a trade which involves the exploitation of a qualifying IP right (“the…
Section 357GCZA — Qualifying IP right held by another party to CSA
Qualifying IP right held by another party to CSA 357GCZA 1 This section applies if— a a company is a party to a cost-sharing arrangement, b another party to the arrangement (“P”) holds a qualifying…
Section 357IA — Power of Northern Ireland Assembly to set Northern Ireland rate
Power of Northern Ireland Assembly to set Northern Ireland rate 357IA 1 The Northern Ireland Assembly (“ the Assembly ”) may by resolution set the Northern Ireland rate for one or more financial…
Section 357JA — Profits chargeable to corporation tax and rates
Profits chargeable to corporation tax and rates 357JA 1 The reference in section 35 of CTA 2009 (charge to tax on trade profits) to the profits of a trade is, where a company carrying on a trade in…
Section 357JHA — Availability of relief
Availability of relief 357JHA 1 The reference in section 188BB(1)(a) (group relief for carried-forward losses: surrendering of carried-forward losses and other amounts) to a loss carried forward to…
Section 357KA — “Northern Ireland company”
“Northern Ireland company” 357KA 1 A company is a “Northern Ireland company” in an accounting period if— a the company carries on a qualifying trade in the period, and b the SME (Northern Ireland…
Section 357KEA — “Disqualified close company”
“Disqualified close company” 357KEA 1 A company is a “ disqualified close company ” in relation to a period if— a the company is a close company, or would be a close company if it were UK resident,…
Section 357LA — Agent of independent status
Agent of independent status 357LA 1 A company is not regarded as having a NI RE by reason of the fact that it carries on business in Northern Ireland through an agent of independent status acting in…
Section 357MA — Northern Ireland profits or losses and mainstream profits or losses
Northern Ireland profits or losses and mainstream profits or losses 357MA 1 Where the trade is a qualifying trade by virtue of section 357KB(1) (trade other than excluded trade), the profits or…
Section 357NA — Northern Ireland profits or losses and mainstream profits or losses
Northern Ireland profits or losses and mainstream profits or losses 357NA 1 Where the trade is a qualifying trade by virtue of section 357KB(1) (trade other than excluded trade), the profits or…
Section 357OA — Rules affecting calculation of Northern Ireland profits or losses
Rules affecting calculation of Northern Ireland profits or losses 357OA 1 If a company is a Northern Ireland company in an accounting period, this section applies to the debits and credits that are…
Section 357PA — R&D expenditure credit ...
R&D expenditure credit ... 357PA 1 This section applies where— a a company is entitled to an R&D expenditure credit under Chapter 1A of Part 13 of CTA 2009 (R&D expenditure credits) for an accounting…
Section 357QA — Additional deduction
Additional deduction 357QA 1 This section applies where— a a company is entitled to corporation tax relief under section 1149 of CTA 2009 (additional deduction for qualifying land remediation…
Section 357RA — Northern Ireland additional deduction
Northern Ireland additional deduction 357RA 1 In this Chapter “ a Northern Ireland additional deduction ” means so much of a deduction under section 1199 of CTA 2009 (additional deduction for…
Section 357SA — Northern Ireland additional deduction
Northern Ireland additional deduction 357SA 1 In this Chapter “ a Northern Ireland additional deduction ” means so much of a deduction under section 1216CF of CTA 2009 (additional deduction for…
Section 357TA — Northern Ireland additional deduction
Northern Ireland additional deduction 357TA 1 In this Chapter “ a Northern Ireland additional deduction ” means so much of a deduction under section 1217CF of CTA 2009 (additional deduction for…
Section 357UA — Northern Ireland additional deduction
Northern Ireland additional deduction 357UA 1 In this Chapter “ a Northern Ireland additional deduction ” means so much of a deduction under section 1217H of CTA 2009 (claim for additional deduction)…
Section 357VA — Modification of section 357A
Modification of section 357A 357VA 1 Section 357A(2) has effect as if the reference to allowing a deduction to be made in calculating for corporation tax purposes the profits of the trade for the…
Section 357WA — Meaning of “Northern Ireland firm”
Meaning of “Northern Ireland firm” 357WA 1 A firm is a “Northern Ireland firm” in an accounting period of the firm (“the firm's accounting period”) if— a the firm carries on a qualifying partnership…
Section 357WBA — Northern Ireland workforce partnership conditions
Northern Ireland workforce partnership conditions 357WBA 1 The Northern Ireland workforce partnership conditions, in relation to a period, are— a that 75% or more of the working time that is spent in…
Section 357XA — Oil activities
Oil activities 357XA 1 A trade is an “excluded trade” if it is a ring fence trade. 2 In this section “ ring fence trade ” has the same meaning as in Part 8 (oil activities) (see section 277).
Section 357YA — Charge to corporation tax on restitution interest
Charge to corporation tax on restitution interest 357YA 1 The charge to corporation tax on income applies to restitution interest arising to a company. 2 In subsection (1) the reference to a company…
Section 357YDA — Life insurance companies: amounts representing policyholder income
Life insurance companies: amounts representing policyholder income 357YDA 1 This section applies if— a an amount of interest paid or payable by the Commissioners for Her Majesty’s Revenue and Customs…
Section 357YNA — Transfer of rights: restitution interest arising after a winding up or dissolution
Transfer of rights: restitution interest arising after a winding up or dissolution 357YNA 1 Subsection (2) applies if an amount of restitution interest which is paid or payable to a person would be…
Section 357B — Meaning of “qualifying company”
Meaning of “qualifying company” 357B 1 A company is a qualifying company for an accounting period if— a condition A or B is met, and b in the case of a company that is a member of a group, condition…
Section 357BB — Rights to which this Part applies
Rights to which this Part applies 357BB 1 This Part applies to the following rights— a a patent granted under the Patents Act 1977, b a patent granted under the European Patent Convention, c a right…