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HMRC internal manual

Banking Manual

Bank loss restriction: definition of banking company: the conditions

CTA10/S269BA

A banking company will be a banking company if it is not an excluded entity and meets the following conditions at any time during the chargeable accounting period:

  • the residence condition  (Condition A)
  • the financial sector condition (Condition C)

either of:

  • the deposit-taker condition, or
  • the investment banking condition  (Conditions D & E)

A company may also be a banking company if it is not an excluded entity and is a member of a partnership which meets the following conditions at any time during the chargeable accounting period:

  • the financial sector condition, and

either of:

  • the deposit-taker condition, or
  • the investment banking condition

and the company meets the residence condition

A partnership includes a limited liability partnership and an entity established overseas of a similar character to a partnership.  ‘Member’ in relation to a partnership is to be read accordingly.

A company will be a banking company if it is a building society as defined by the Building Society Act 1986 or a bank established under the Savings Bank (Scotland) Act 1819.