35 Trading income provided through third parties
Finance (No 2) Act 2017 (2017 c 32) | Legislation

35  Trading income provided through third parties

(1)     ITTOIA 2005 is amended as follows.

(2)     After section 23 insert—

“Trading income provided through third parties

23A Application of section 23E: conditions

(1)     Section 23E (tax treatment of relevant benefits) applies if Conditions A to E are met.

(2)     Condition A is that a person (“T”) is or has been carrying on a trade (the “relevant trade”) alone or in partnership.

(3)     Condition B is that—

(a)     there is an arrangement (“the arrangement”) in connection with the relevant trade to which T is a party or which otherwise (wholly or partly) covers or relates to T, and

(b)     it is reasonable to suppose that, in essence—

(i)     the arrangement, or

(ii)     the arrangement so far as it covers or relates to T,

is (wholly or partly) a means of providing, or is otherwise concerned with the provision of, relevant benefits.

(4)     Condition C is that—

(a)     a relevant benefit arises to T, or a person who is or has been connected with T, in pursuance of the arrangement, or

(b)     a relevant benefit arises to any other person in pursuance of the arrangement and any of the enjoyment conditions

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