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Associated companies

17 January 2008
Categories: Forum & Feedback
Ascertaining whether two companies are associated

I am puzzling over how TA 1988 s 13 would apply in relation to whether two companies are associated specifically in relation to how the 'minimum controlling interest combination' provisions operate in conjunction with the principles relating to 'attribution' that were brought out by the Newfields Developments Ltd case.

The shareholdings of each company are as follows:

                            Company X(%)       Company Y(%)
Mr A                    45                              40
Mrs A   
   (Mr A's wife)   35                              -
Mr B                    20                              40
Mr C                       -                              20
________________________________________

                           100                              100

Other than as indicated there is no connection between the shareholders.

Simply attributing the shares of Mrs A to Mr A would give Mr A on his own a minimum controlling interest of 80% in company X; and based on that alone company X would not be associated with company Y because Mr A...

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