Sch 18 para 1
(1) Section 43A of VATA 1994 (groups: eligibility) is amended as follows. (2) In subsection (1), in the opening words— (a) for “bodies corporate” substitute “ UK bodies corporate ” ; (b) omit “each is established or has a fixed establishment in the United Kingdom and”. (3) Omit subsections (2) and (3). (4) At the end insert— (4) An individual carrying on a business and one or more UK bodies corporate are eligible to be treated as members of a group if the individual— (a) controls the UK body corporate or all of the UK bodies corporate, and (b) is established, or has a fixed establishment, in the United Kingdom in relation to the business. (5) Two or more relevant persons carrying on a business in partnership (“ the partnership ”) and one or more UK bodies corporate are eligible to be treated as members of a group if the partnership— (a) controls the UK body corporate or all of the UK bodies corporate, and (b) is established, or has a fixed establishment, in the United Kingdom in relation to the business. (6) In this section— (a) “ UK body corporate ” means a body corporate which is established or has a fixed establishment in the United Kingdom; (b) “ relevant person ” means an individual, a body corporate or a Scottish partnership. (7) Section 43AZA contains provision for determining for the purposes of this section whether a body corporate, individual or partnership controls a UK body corporate.