The charge to ATED may apply to a company, a partnership which includes a company as a member or a collective investment scheme. See B6.705. This article discusses the meaning of a company, a partnership and a collective investment scheme for ATED purposes.
Company—meaning for ATED purpose
In the ATED legislation, 'company' means a body corporate, but does not include a corporation sole or any partnership (see below)1.
Proper officer
Everything to be done by a company in relation to ATED must be done by the company acting through the 'proper officer' (see below) of the company or another person who has the express, implied or apparent authority of the company to act on its behalf for the purpose2. In practice, a return, amended return or further return will be accepted by HMRC provided that it contains a signature and there is no reason to doubt the authority of the person signing. On this basis, the signature of any company official or employee can be accepted. This can include a member of an in-house
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