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Special Committee Corporation Tax Bill, 1975 debate -
Wednesday, 18 Feb 1976

SECTION 32.

Question proposed: " That section 32 stands part of the Bill."

This section is concerned with the assessment to corporation tax of companies' partnership profits. The main feature of the existing income tax legislation is that a partner's share of the profits arising from a partnership trade is regarded as arising from a separate trade carried on by him, and he is assessed accordingly. This position is being preserved under corporation tax. The section is designed to secure that a company's share for an accounting period of the profits of a trade carried on in partnership will be assessable to corporation tax for that accounting period.

Just one question. What is the position in regard to a joint venture? A partnership is based on the 1890 Act. You can have a single transaction that is not a partnership of its nature.

I am not too sure what you mean by the term " joint venture ".

It could be an ad hoc arrangement between two companies for one particular type of transaction. It would not be classed as a partnership. I take it that is outside this legislation.

It would not be a partnership but you would have to look at each situation.

There has been a distinction made in case law in this country on this line.

Question put and agreed to.
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