CTM80205 - Groups: group relief: SP3/93 and ESCC10

ICTA88/S410 (1), (2), (3), (4), (5), and (6)

SP3/93 and ESCC10 set out the way the Revenue interprets the legislation involving 'arrangements' and 'option arrangements'. SP3/93 and ESCC10 have significance for a number of provisions in addition to Section 410 (1) and (2) for group and consortium relief.

You may need to consider 'arrangements' also in relation to:

• ACT surrender (ICTA88/S240 (11)(a)) ( CTM81245),

and

• consortium income elections (ICTA88/S247 (1A)(b)) CTM80915.

ICTA88/SCH18/PARA5B is about 'option arrangements', and there is guidance on this at CTM81090, it has significance for all grouping tests that depend on measuring entitlements to profits and to assets in a winding up. The guidance on this is at CTM81000 onwards.

Submit to CT&VAT (Technical) cases where:

• the interpretation of SP3/93 and ESCC10 is doubtful, or
• an accountant or taxpayer seeks further clarification, which cannot be settled by reference to SP3/93 and ESCC10.

There is no advance clearance procedure for transactions affected.