Finance Act 2004

12(1)The company must, subject to sub-paragraphs (2) and (3), have complied with—U.K.

[F1(a)any obligation imposed on it in the qualifying period (see paragraph 14)—

(i)to pay the amount liable to be deducted under section 61 of this Act from payments made during that period,

(ii)to submit returns as required by regulations made under section 70 of this Act,

(iii)to pay the tax liable to be deducted under the PAYE Regulations (S.I. 2003/2682), and

(iv)to submit a self-assessment return, and]

(b)all requests made in the qualifying period to supply to the Inland Revenue accounts of, or other information about, its business.

(2)A company that has failed to comply with such an obligation or request as—

(a)is referred to in sub-paragraph (1), and

(b)is of a kind prescribed by regulations made by the Board of Inland Revenue,

is, in such circumstances as may be prescribed by the regulations, to be treated as satisfying the condition in that sub-paragraph as regards that obligation or request.

(3)A company that has failed to comply with such an obligation or request as is referred to in sub-paragraph (1) is to be treated as satisfying the condition in that sub-paragraph as regards that obligation or request if the Board of Inland Revenue are of the opinion that—

(a)the company had a reasonable excuse for the failure to comply, and

(b)if the excuse ceased, it complied with the obligation or request without unreasonable delay after the excuse had ceased.

(4)The company must, if any contribution has at any time during the qualifying period become due from the company under—

(a)Part 1 of the Social Security Contributions and Benefits Act 1992 (c. 4), or

(b)Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7),

have paid the contribution when it became due.

(5)The company must have complied with any obligations imposed on it by the following provisions of the Companies Act 1985 (c. 6) in so far as those obligations fell to be complied with within the qualifying period—

(a)sections 226, 241 and 242 (contents, laying and delivery of annual accounts);

(b)section 288(2) (return of directors and secretary and notification of changes therein);

(c)sections 363 to 365 (annual returns);

(d)section 691 (registration of constitutional documents and list of directors and secretary of oversea company);

(e)section 692 (notification of changes in constitution or directors or secretary of oversea company);

(f)section 693 (oversea company to state its name and country of incorporation);

(g)section 699 (obligations of companies incorporated in Channel Islands or Isle of Man);

(h)Chapter 2 of Part 23 (accounts of oversea company).

(6)The company must have complied with any obligations imposed on it by the following provisions of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)) in so far as those obligations fell to be complied with within the qualifying period—

(a)Articles 234, 249 and 250 (contents, laying and delivery of annual accounts);

(b)Article 296(2) (return of directors and secretary and notification of changes therein);

(c)Articles 371 to 373 (annual returns);

(d)Article 641 (registration of constitutional documents and list of directors and secretary of Part XXIII company);

(e)Article 642 (notification of changes in constitution or directors or secretary of Part XXIII company);

(f)Article 643 (Part XXIII company to state its name and country of incorporation);

(g)Article 649 (accounts of Part XXIII company).

(7)There must be reason to expect that the company will, in respect of periods after the qualifying period, comply with—

(a)all such obligations as are referred to in paragraphs 10 and 11 and sub-paragraphs (1) to (6), and

(b)such requests as are referred to in sub-paragraph (1).

(8)Subject to sub-paragraphs (2) and (3), a company is not to be taken for the purposes of this paragraph to have complied with any such obligation or request as is referred to in sub-paragraphs (1) to (6) if there has been a contravention of a requirement as to—

(a)the time at which, or

(b)the period within which,

the obligation or request was to be complied with.

[F2(9)This paragraph is subject to paragraph 12A (exception from compliance test: companies).]