Part 4 Meaning of “Qualifying 90% Subsidiary”

Part 4 Meaning of “Qualifying 90% Subsidiary”

Corporate venturing scheme

15

(1)     Schedule 15 to FA 2000 is amended as follows.

(2)     In paragraph 23 (trading activities requirement), omit sub-paragraphs (10) and (11).

(3)     After that paragraph insert—

“Meaning of “qualifying 90% subsidiary”
23A

(1)     For the purposes of this Schedule, a company (“the subsidiary”) is a qualifying 90% subsidiary of the issuing company if the following conditions are met—

(a)     the issuing company possesses not less than 90% of the issued share capital of, and not less than 90% of the voting power in, the subsidiary;

(b)     the issuing company would—

(i)     in the event of a winding up of the subsidiary, or

(ii)     in any other circumstances,

be beneficially entitled to receive not less than 90% of the assets of the subsidiary which would then be available for distribution to the shareholders of the subsidiary;

(c)     the issuing company is beneficially entitled to not less than 90% of any profits of the subsidiary which are available for distribution to the shareholders of the subsidiary;

(d)     no person other than the issuing company has control of the subsidiary within the meaning of section 840

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