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Posted by / 08-Jan-2018 20:02

Shareholders of most corporations are not taxed directly on corporate income, but must pay tax on dividends paid by the corporation.

However, shareholders of S corporations and mutual funds are taxed currently on corporate income, and do not pay tax on dividends.

In 2005 the House of Lords determined that HMRC's discretion to offer ESCs was limited, and as a result ESCs have on an ongoing basis either been scrapped or incorporated into legislation.

On 1 March 2012 the Enactment of Extra-Statutory Concessions Order 2012 came into force putting ESC C16 onto a legislative, if restrictive, basis.

regardless of the amount of the membership fee, the retailer sells its products for a lower price to a person who has paid the membership fee than to a person who has not paid the fee.

(2) The membership fees described in subdivision (a)(1)(A) or (a)(1)(B) are part of the gross receipts of the person selling tangible personal property to a member.

Corporations are also subject to a federal Alternative Minimum Tax and alternative state taxes.

Like individuals, corporations must file tax returns every year. Controlled groups of corporations may file a consolidated return. These include most formations and some types of mergers, acquisitions, and liquidations.

Taxable income may differ from book income both as to timing of income and tax deductions and as to what is taxable.

A non-qualified distribution that does not meet the above requirements may be subjected to income tax and/or the 10% early-distribution penalty.

The source of a non-qualified distribution determines the applicable tax treatment.

Extra-Statutory Concession (ESC) C16 was a concession granted by HM Revenue & Customs, that allowed the directors of a company to effectively wind up a solvent company themselves without appointing a liquidator and pass the surplus funds to the shareholders as capital receipts rather than dividends.

This had the dual benefits of a likely lower tax charge on the shareholders (capital gains tax rather than income tax, especially if Entrepreneurs Relief applied), and also avoiding the costs of appointing a liquidator.

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Article 16 of the Order inserts Sections 1030A and 1030B into the Corporation Tax Act 2010.

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