Wholly and exclusively: companies: take-over bids: expenses recharged to trading subsidiaries
S54 Corporation Tax Act 2009
Consider the costs in the context of the trade actually conducted
It is important to consider the recharged expenditure in the context of the trade actually carried on by the subsidiary in question.
Is it plausible that the directors’ sole purpose in making the payment was to protect that company’s trade? Is there anything to suggest the trade was more or less threatened than those of other group members?
Only if the directors’ sole purpose was to protect that company’s trade may the payment be allowable.