Consortia: group relief: arrangements: definitions
CTA10/S155(4) and CTA10/S156(3)
The meanings of ‘third company’ and ‘successor’ for the purposes of arrangements that disqualify consortium relief (CTM80605) are set out below.
This means a company which, ignoring the effect of any arrangements such as are described in CTM80605, is not a member of the same group as the holding or trading company in CTA10/S155(4) to which the arrangements refer.
One company is a successor of another if it carries on, in whole or in part, a trade which the other company has ceased to carry on in certain circumstances where a balancing charge would not be chargeable on the ceasing company. The circumstances are where:
- CTA10/Part 22/Chapter 1 (company reconstructions without change of ownership) applies to the two companies (CTM06000 onwards), or
- the two companies are connected within the meaning of CTA10/S1122 (CG14532 onwards).
“Arrangements”, defined at CTA10/S156(2):
- means arrangements of any kind (whether or not in writing), but
- does not include a power of a Minister of the Crown, the Scottish Ministers or a Northern Ireland department to give directions to a statutory body as to the disposal of assets belonging to the body or to a subsidiary of the body.
For accounting periods ending on or after 1 April 2013 (b) is extended to include:
- A condition or requirement imposed by or agreed with a Minister of the Crown, the Scottish Ministers, or a Northern Ireland department