Partnership and the BES

07/04/1992

Query

Would a company carrying on a qualifying trade in partnership be precluded per se from being considered to be a qualifying company?

Decision

No, provided that the company carrying on a trade in partnership invests the monies raised in ITSELF, then that company can be regarded as a qualifying company (provided the other conditions are met). If however, the BES monies raised are used to invest in a partnership trade then the company would not qualify. i.e. the BES money must be used for the BES company's trade.

Income Tax

Section 495, Taxes Consolidation Act, 1997

Origin: Direct Taxes International and Administration

File ref:322/92




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