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Corporation Tax Act 2010

Corporation Tax Act 2010

2010 CHAPTER 4

Introduction

Part 5: Group relief

Chapter 3: Surrendersmade by non-UK resident company resident or trading in the EEA
Section 123: Assumptions as to UK residence

458.This section is the first of four sets of assumptions to be made in recalculating the EEA amount using United Kingdom tax rules. It is based on paragraph 12 of Schedule 18A to ICTA.

459.Subsection (1) requires the assumption that the surrendering company is resident in the United Kingdom.

460.Subsection (2) makes clear that the assumption in subsection (1) does not:

  • affect where the company’s activities are carried on (but section 124 may make an assumption about that); or

  • treat the company as ceasing to be UK resident at the end of the EEA accounting period (but section 125 treats the company’s accounting period as ending then).

461.Subsection (3) requires the assumption that the surrendering company becomes UK resident at the beginning of the EEA accounting period.

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