Corporation Tax Act 2010 section 30

Association through a trustee

Section 30 prevents two companies from being treated as associated with each other solely because they are controlled by the same trustees, provided certain conditions are met.

• Where two companies are each controlled by the same trustees, but those trustees are treated as different "distinct" persons under section 474(1) of the Income Tax Act, this section does not apply because the companies are not controlled by the same person.
• Where the section does apply, the trustees' rights or powers are disregarded when determining whether the two companies are associated with each other.
• This disregard only applies if there is no other connection — past or present — between the two companies.
• The "no past or present connection" requirement reflects the strict interpretation previously applied in practice under Extra-Statutory Concession C9.