General principles: connected persons
Meaning of connected person
Section 161(8) Finance Act 2004
A person is connected to a member, a former member, a sponsoring employer or a former sponsoring employer if they fall within the definition in section 993 Income Tax Act 2007.
Meaning of ‘connected with’
Sections 993 to 995 Income Tax Act 2007
Sections 450, 1122, 1123 and 1124 Corporation Tax Act 2010
‘Connected with’ has the same meaning as in sections 993 and 994 Income Tax Act 2007 (ITA 2007) and sections 1122 and 1123 Corporation Tax 2010 (CTA 2010).
Any provision in section 993 ITA 2007 or section 1122 CTA 2010 that one person is connected with another is taken to mean that they are connected with one another.
A person is connected with an individual if that person is:
- the spouse or civil partner of the individual, or
- a relative of the individual, or
- a relative of the individual’s spouse or civil partner, or
- the spouse or civil partner of a relative of the individual, or
- the spouse or civil partner of a relative of the individual’s spouse or civil partner.
A person in his capacity as trustee of a settlement is connected with:
- any individual who, in relation to the settlement, is a settlor
- any person who is connected with such an individual (see above)
- any body corporate which is connected with that settlement (that is, it is either a close company (or only not a close company because it is not resident in the United Kingdom) or it is controlled (within the meaning of section 995 ITA 2007) by such a company.
For the meaning of ‘settlement’ and ‘settlor’ please see section 620 Income Tax (Trading and Other Income) Act 2005.
A company is connected with another company if:
- the same person has control of both, or a person has control of one and persons connected with him, or he and persons connected with him have control of the other, or
- a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person with whom he is connected.
A company is connected with another person if that person has control of it, or if that person and persons connected with him together have control of it.
Any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company as connected with one another, and with any person acting on the directions of any of them to secure or exercise control of the company.
Meaning of ‘company’
‘Company’ includes any corporate body or unincorporated association, but does not include a partnership, and this section shall apply in relation to any unit trust scheme as if the scheme were a company and as if the rights of the unit holders were shares in the company.
Meaning of ‘control’
For the meaning of ‘control’, see section 995 Income Tax Act 2007 and sections 450 and 1124 Corporation Tax Act 2010.
Meaning of ‘relative’
‘Relative’ means brother, sister, ancestor (parent, grandparent, great-grandparent and so on) or lineal descendant (child, grandchild, great-grandchild and so on).