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HMRC internal manual

VAT Valuation Manual

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HM Revenue & Customs
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Special valuation provisions: extract from the Corporation Tax Act 2010

The following provisions of the Corporation Tax Act 2010 determine whether persons are connected for the purposes of the VATA Act 1994 Schedule 6 paragraph 1(4).

1122(1) This section has effect for the purposes of the provisions of the Corporation Tax Acts which apply this section (or to which this section is applied).

1122(2) A company is connected with another company if-

(a) the same person has control of both companies,

(b) a person (“A”) has control of one company and persons connected with A have control of the other company,

(c) A has control of one company and A together with persons connected with A have control of the other company, or

(d) a group of two or more persons has control of both companies and the groups either consist of the same persons or could be so regarded if (in one or more cases) a member of either group were replaced by a person with whom the member is connected.

1122(3) A company is connected with another person (“A”) if-

(a) A has control of the company, or

(b) A together with persons connected with A have control of the company.

1122(4) In relation to a company, any two or more persons acting together to secure or exercise control of the company are connected with-

(a) one another, and

(b) any person acting on the directions of any of them to secure or exercise control of the company.

1122(5) An individual (“A”) is connected with another individual (“B”) if-

(a) A is B’s spouse or civil partner,

(b) A is a relative of B,

(c) A is the spouse or civil partner of a relative of B,

(d) A is a relative of B’s spouse or civil partner, or

(e) A is the spouse or civil partner of a relative of B’s spouse or civil partner.

1122(6) A person, in the capacity as trustee of a settlement, is connected with-

(a) any individual who is a settlor in relation to the settlement,

(b) any person connected with such an individual,

(c) any close company whose participators include the trustees of the settlement,

(d) any non-UK resident company which, if it were UK resident, would be a close company whose participators include the trustees of the settlement,

(e) any body corporate controlled (within the meaning of section 1124) by a company within paragraph (c) or (d),

(f) if the settlement is the principal settlement in relation to one or more sub-fund settlements, a person in the capacity as trustee of such a sub-fund settlement, and

(g) if the settlement is a sub-fund settlement in relation to a principal settlement, a person in the capacity as trustee of any other sub-fund settlements in relation to the principal settlement.

1122(7) A person who is a partner in a partnership is connected with-

(a) any partner in the partnership,

(b) the spouse or civil partner of any individual who is a partner in the partnership, and

(c) a relative of any individual who is a partner in the partnership.

1122(8) But subsection (7) does not apply in relation to acquisitions or disposals of assets of the partnership pursuant to genuine commercial arrangements.