SCHEDULE 2 VAT: Groups of Companies

SCHEDULE 2 VAT: Groups of Companies

Section 16

Amendment of Value Added Tax Act 1994

1

(1)     Section 43 of the Value Added Tax Act 1994 (groups of companies) shall be amended as follows.

(2)     In subsection (1), for the words “the following provisions of this section†there shall be substituted the words “sections 43A to 43Câ€.

(3)     Subsections (3) to (8) shall cease to have effect.

2

The following shall be inserted after section 43 of the Value Added Tax Act 1994—

“43A Groups: eligibility

(1)     Two or more bodies corporate are eligible to be treated as members of a group if each is established or has a fixed establishment in the United Kingdom and—

(a)     one of them controls each of the others,

(b)     one person (whether a body corporate or an individual) controls all of them, or

(c)     two or more individuals carrying on a business in partnership control all of them.

(2)     For the purposes of this section a body corporate shall be taken to control another body corporate if it is empowered by statute to control that body's activities or if it is that body's holding company within the meaning

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