Corporation Tax Act 2010

Last updated
Corporation Tax Act 2010
Royal Coat of Arms of the United Kingdom (HM Government).svg
Long title An Act to restate, with minor changes, certain enactments relating to corporation tax and certain enactments relating to company distributions; and for connected purposes.
Citation 2010 c. 4
Introduced by Alistair Darling (Chancellor of the Exchequer) and Lord Davies [1]
Territorial extentEngland and Wales
Scotland
Northern Ireland
Dates
Royal assent 3 March 2010
Commencement 3 March 2010
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Corporation Tax Act 2010 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Corporation Tax Act 2010 (c.4) is an Act of the Parliament of the United Kingdom that received Royal Assent on 3 March 2010.

Contents

It was first presented (first reading) in the House of Commons on 19 November 2009 and received its third reading on 4 February 2010. [2] It was first read in the House of Lords on 4 February 2010 and received its second and third readings on 2 March 2010. [2]

Overview

Section 1 of the Act gives a summary of the contents of the 2010 Act, and the changes it made, primarily to the Income and Corporation Taxes Act 1988.

1 Overview of Act

(1) Part 2 is about calculation of the corporation tax chargeable on a company's profits, in particular—

(a) the rates at which corporation tax on profits is charged (see Chapter 2),
(b) ascertaining the amount of profits to which the rates of tax are applied (see Chapter 3), and
(c) the currency in which profits are to be calculated and expressed (see Chapter 4).

(2) Parts 3 to 7 make provision for the following reliefs—

(a) relief for companies with small profits (see Part 3),
(b) relief for trade losses (see Chapters 2 and 3 of Part 4),
(c) relief for losses from property businesses (see Chapter 4 of Part 4),
(d) relief for losses on a disposal of shares (see Chapter 5 of Part 4),
(e) relief for losses from miscellaneous transactions (see Chapter 6 of Part 4),
(f) group relief (see Part 5),
(g) relief for qualifying charitable donations (see Part 6), and
(h) community investment tax relief (see Part 7).

(3) Parts 8 to 13 make provision about special types of business and company etc, in particular—

(a) oil activities (see Part 8),
(b) leasing plant or machinery (see Part 9),
(c) close companies (see Part 10),
(d) charitable companies etc (see Part 11),
(e) real estate investment trusts (see Part 12),
(f) corporate beneficiaries under trusts (see Chapter 1 of Part 13),
(g) open-ended investment companies, authorised unit trusts and court investment funds (see Chapter 2 of Part 13),
(h) unauthorised unit trusts (see Chapter 3 of Part 13),
(i) securitisation companies (see Chapter 4 of Part 13),
(j) companies in liquidation or administration (see Chapter 5 of Part 13),
(k) banks etc in compulsory liquidation (see Chapter 6 of Part 13),
(l) co-operative housing associations and self-build societies (see Chapters 7 and 8 of Part 13), and
(m) community amateur sports clubs (see Chapter 9 of Part 13).

(4) Parts 14 to 21 contain provisions relating to tax avoidance, in particular with respect to—

(a) change in company ownership (see Part 14),
(b) transactions in securities (see Part 15),
(c) factoring of income (see Part 16),
(d) manufactured payments and repos (see Part 17),
(e) transactions in land (see Part 18),
(f) the sale and lease-back of assets (see Part 19),
(g) leasing plant or machinery (see Part 20), and
(h) other arrangements involving asset leasing (see Part 21).

(5) Part 22 contains miscellaneous provisions, including provision with respect to—

(a) transfers of trade without a change of ownership (see Chapter 1),
(b) transfers of trade to obtain balancing allowances (see Chapter 2),
(c) transfer of relief within partnerships (see Chapter 3),
(d) the surrender of tax refunds within groups of companies (see Chapter 4),
(e) the set off of income tax deductions against corporation tax (see Chapter 5),
(f) the assessment, collection and recovery of corporation tax from UK representatives of non-UK resident companies (see Chapter 6),
(g) the recovery of unpaid corporation tax due from non-UK resident companies (see Chapter 7), and
(h) exemptions (see Chapter 8).

(6) Part 23 contains provisions about the meaning of “distribution” and certain associated matters.

(7) Part 24 contains definitions that apply for the purposes of the Corporation Tax Acts and other general provisions that have effect for the purposes of those Acts.

(8) Part 25 contains provisions of general application, including definitions for the purposes of the Act.

(9) For abbreviations and defined expressions used in this Act, see section 1174 and Schedule 4.

Related Research Articles

Life insurance Type of contract

Life insurance is a contract between an insurance policy holder and an insurer or assurer, where the insurer promises to pay a designated beneficiary a sum of money upon the death of an insured person. Depending on the contract, other events such as terminal illness or critical illness can also trigger payment. The policy holder typically pays a premium, either regularly or as one lump sum. The benefits may include other expenses, such as funeral expenses.

Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable by means that are within the law. A tax shelter is one type of tax avoidance, and tax havens are jurisdictions that facilitate reduced taxes.

A capital gains tax (CGT) is a tax on the profit realized on the sale of a non-inventory asset. The most common capital gains are realized from the sale of stocks, bonds, precious metals, real estate, and property.

United Kingdom corporation tax UK tax on UK-resident companies and companies with permanent establishments in the UK

Corporation tax in the United Kingdom is a corporate tax levied in on the profits made by UK-resident companies and on the profits of entities registered overseas with permanent establishments in the UK.

Taxation in Canada is a prerogative shared between the federal government and the various provincial and territorial legislatures.

The Investment Company Act of 1940 is an act of Congress which regulates investment funds. It was passed as a United States Public Law on August 22, 1940, and is codified at 15 U.S.C. §§ 80a-180a-64. Along with the Securities Exchange Act of 1934 and Investment Advisers Act of 1940, and extensive rules issued by the Securities and Exchange Commission, it forms the backbone of United States financial regulation. It has been updated by the Dodd-Frank Act of 2010. It is the primary source of regulation for mutual funds and closed-end funds, an investment industry now in the many trillions of dollars. In addition, the '40 Act impacts the operations of hedge funds, private equity funds and even holding companies.

Taxation in the United Kingdom Overview of taxation in the United Kingdom

Taxation in the United Kingdom may involve payments to at least three different levels of government: central government, devolved governments and local government. Central government revenues come primarily from income tax, National Insurance contributions, value added tax, corporation tax and fuel duty. Local government revenues come primarily from grants from central government funds, business rates in England, Council Tax and increasingly from fees and charges such as those for on-street parking. In the fiscal year 2014–15, total government revenue was forecast to be £648 billion, or 37.7 per cent of GDP, with net taxes and National Insurance contributions standing at £606 billion.

A corporate tax, also called corporation tax or company tax, is a direct tax imposed by a jurisdiction on the income or capital of corporations or analogous legal entities. Many countries impose such taxes at the national level, and a similar tax may be imposed at state or local levels. The taxes may also be referred to as income tax or capital tax. Partnerships are generally not taxed at the entity level. A country's corporate tax may apply to:

In the United States, bankruptcy is governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).

Finance Act

A Finance Act is the headline fiscal (budgetary) legislation enacted by the UK Parliament, containing multiple provisions as to taxes, duties, exemptions and reliefs at least once per year, and in particular setting out the principal tax rates for each fiscal year.

The schedular system of taxation is the system of how the charge to United Kingdom corporation tax is applied. It also applied to United Kingdom income tax before legislation was rewritten by the Tax Law Rewrite Project. Similar systems apply in other jurisdictions that are or were closely related to the United Kingdom, such as Ireland and Jersey.

A flow-through entity (FTE) is a legal entity where income "flows through" to investors or owners; that is, the income of the entity is treated as the income of the investors or owners. Flow-through entities are also known as pass-through entities or fiscally-transparent entities.

Corporate tax in the United States

Corporate tax is imposed in the United States at the federal, most state, and some local levels on the income of entities treated for tax purposes as corporations. Since January 1, 2018, the nominal federal corporate tax rate in the United States of America is a flat 21% due to the passage of the Tax Cuts and Jobs Act of 2017. State and local taxes and rules vary by jurisdiction, though many are based on federal concepts and definitions. Taxable income may differ from book income both as to timing of income and tax deductions and as to what is taxable. The corporate Alternative Minimum Tax was also eliminated by the 2017 reform, but some states have alternative taxes. Like individuals, corporations must file tax returns every year. They must make quarterly estimated tax payments. Groups of corporations controlled by the same owners may file a consolidated return.

Trustee Act 2000 United Kingdom legislation

The Trustee Act 2000 is an Act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law. Reform in these areas had been advised as early as 1982, and finally came about through the Trustee Bill 2000, based on the Law Commission's 1999 report "Trustees' Powers and Duties", which was introduced to the House of Lords in January 2000. The bill received the Royal Assent on 23 November 2000 and came into force on 1 February 2001 through the Trustee Act 2000 (Commencement) Order 2001, a Statutory Instrument, with the Act having effect over England and Wales.

Income Tax Act 2007 United Kingdom legislation

The Income Tax Act 2007 is an Act of the Parliament of the United Kingdom. It is the primary Act of Parliament concerning income tax paid by individual earners subject to the law of United Kingdom, and mostly replaced the Income and Corporation Taxes Act 1988.

Taxation in South Africa Explanation of tax in South Africa with applicable tables

Taxation may involve payments to a minimum of two different levels of government: central government through SARS or to local government. Prior to 2001 the South African tax system was "source-based", wherein income is taxed in the country where it originates. Since January 2001, the tax system was changed to "residence-based" wherein taxpayers residing in South Africa are taxed on their income irrespective of its source. Non residents are only subject to domestic taxes.

Land and Buildings Transaction Tax

Land and Buildings Transaction Tax (LBTT) is a property tax in Scotland. It replaced the Stamp Duty Land Tax from 1 April 2015.

Act of the Scottish Parliament

An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.

Oil Taxation Act 1975 United Kingdom legislation

The Oil Taxation Act 1975 is a UK Act of Parliament relevant for UK enterprise law that was intended to ensure that oil and gas extraction companies operating in British territories and waters paid their fair share of tax. Over many years of amendments it was largely eliminated over 2015 and 2016, as the Petroleum Revenue Tax was cut to zero.

References

  1. "Bills before Parliament - Corporation Tax Bill 2009-10". Parliament of the United Kingdom. Retrieved March 8, 2010.
  2. 1 2 "Bills before Parliament - Corporation Tax Bill 2009-10 - Bill stages". Parliament of the United Kingdom. Retrieved March 8, 2010.