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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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835B Meaning of associated.

(1) For the purposes of this Part—

(a) 2 persons are associated at any time if at that time—

(i) one of the persons is participating in the management, control or capital of the other, or

(ii) the same person is participating in the management, control or capital of each of the 2 persons,

and

(b) a person (in this paragraph referred to as the “first person”) is participating in the management, control or capital of another person at any time only if that other person is at that time—

(i) a company, and

(ii) controlled by the first person.

(2) (a) For the purposes of this section a company shall be treated as controlled by an individual if it is controlled by the individual and persons connected with the individual.

(b) For the purposes of this subsection a person is connected with an individual if that person is a relative (within the meaning of section 433(3)(a)) of that individual.

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835B Meaning of associated.

(1) For the purposes of this Part—

(a) 2 persons are associated at any time if at that time—

(i) one of the persons is participating in the management, control or capital of the other, or

(ii) the same person is participating in the management, control or capital of each of the 2 persons,

and

(b) a person (in this paragraph referred to as the “first person” ) is participating in the management, control or capital of another person at any time only if that other person is at that time—

(i) a company, and

(ii) controlled by the first person.

(2) (a) For the purposes of this section a company shall be treated as controlled by an individual if it is controlled by the individual and persons connected with the individual.

(b) For the purposes of this subsection a person is connected with an individual if that person is a relative (within the meaning of section 433(3)(a)) of that individual.

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Inserted by FA10 s42(1). This section applies for chargeable periods beginning on or after 1 January 2011 in relation to any arrangement (within the meaning of s835A(1)) other than any such arrangement the terms of which are agreed before 1 July 2010.

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Substituted by FA19 s27(1). (a) Subsection (1) shall apply for chargeable periods commencing on or after 1 January 2020. (b) Subsection (1) shall not apply as respects an allowance (other than a balancing allowance) to be made to a person in a chargeable period commencing on or after 1 January 2020 in respect of capital expenditure incurred on an asset before 1 January 2020.