[Part 4 “Non-Resident” in Relation to a Chargeable Transaction: Companies]
Finance Act 2003 (2003 c 14) | Legislation

[Part 4 “Non-Resident” in Relation to a Chargeable Transaction: Companies]

[Whether company is “non-resident” in relation to a chargeable transaction

7

(1)     For the purposes of this Schedule a company is “non-resident” in relation to a chargeable transaction if either of the following conditions is met.

(2)     The first condition is that, on the effective date of the chargeable transaction, the company is not UK resident for the purposes of the Corporation Tax Acts (see Chapter 3 of Part 2 of CTA 2009).

(3)     The second condition is that, on the effective date of the chargeable transaction, the company (though UK resident for the purposes of the Corporation Tax Acts)—

(a)     is a close company (see paragraph 8),

(b)     meets the non-UK control test in relation to the transaction (see paragraphs 9 and 10), and

(c)     is not an excluded company (see paragraph 11).

(4)     This paragraph is subject to—

(a)     paragraph 15 (co-ownership authorised contractual schemes);

(b)     paragraph 16 (alternative property finance).

Meaning of “close company”

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(1)     For the purposes of this Schedule, a company is a “close company” if it is a close company within the meaning

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