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Qualifying subsidiary exemption meaning

What does Qualifying subsidiary exemption mean?
In practice, this describes the statutory “parent guarantee” audit exemption available to UK group subsidiaries. Under the Companies Act 2006, sections 479A–479C, a subsidiary company may dispense with an audit of its individual accounts if specified conditions are met. These include: the company is a subsidiary undertaking; its parent is established under the law of the United Kingdom (post‑Brexit update); the subsidiary is included in the parent’s audited consolidated accounts for the relevant year; the parent files a section 479C guarantee covering all liabilities outstanding at the year end; required statements and filings are made with the registrar; and no member has required an audit under section 476. Statutory ineligibility rules apply. The exemption is widely used to reduce compliance costs where group audits are performed at parent level and is not limited by the subsidiary’s size. Usage and effect are uniform across England & Wales, Scotland and Northern Ireland, as they derive from UK‑wide legislation. In Ireland, there is no identical “qualifying subsidiary” audit exemption: audit relief is instead available for small companies/small groups under the Companies Act 2014, while the well‑known parent guarantee in section 357 CA 2014 relates to filing, not audit. Practitioners should check current thresholds, exclusions and...
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View the related Practice Notes about Qualifying subsidiary exemption

PRACTICE NOTES
UK LLP accounts: individual and group reporting requirements, content and exemptions under the Companies Act 2006 and Regulations

The Companies Act 2006 (CA 2006) provides comprehensive rules governing how a company prepares its annual accounts. Through the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (the 2008 Regulations), selected elements are extended to limited liability partnerships (LLPs), with suitable adaptations. The Limited Liability Partnerships, Partnerships and Groups (Accounts and Audit) Regulations 2016, SI 2016/575 (the 2016 Regulations) introduced a range of amendments to the accounting framework for LLPs and qualifying partnerships. Further alterations affecting LLPs and other bodies were made by the Statutory Auditors Regulations 2017, SI 2017/1164. In most cases, the changes take effect for LLPs with financial years commencing on or after 17 June 2016; however, the stricter conditions on the small LLPs’ exemption from preparing group accounts apply to periods starting on or after 1 January 2017. This Practice Note, read alongside Practice Note: LLP Accounts—an outline of the statutory framework, distils the key obligations contained within these statutory provisions...

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PRACTICE NOTES
Audit Exemption for Subsidiaries under the Companies Act 2006 (ss 479A–C): Conditions, Exclusions, Parent Guarantee and UK Listing Rules

Where a company produces annual accounts for a financial year, an audit is required unless an audit exemption applies. Qualifying subsidiary exemption from the requirement to audit accounts A subsidiary that meets specific criteria may claim an exemption from auditing its individual accounts for a given financial year. The necessary conditions are: it is a subsidiary undertaking its parent undertaking is constituted under the law of any part of the United Kingdom every member consents to the exemption for the financial year concerned its parent undertaking provides a guarantee for that financial year under section 479C of the Companies Act 2006, namely a statement guaranteeing all of the subsidiary’s outstanding liabilities at the end of the financial year until they are settled in full, which is enforceable against the parent by any person to whom the subsidiary is liable in respect of those liabilities it is included in the consolidated accounts prepared by the parent for that financial year, or to...

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PRACTICE NOTES
UK SEIS: issuing company and group eligibility conditions, limits and period A/B compliance

The seed enterprise investment scheme (SEIS) The seed enterprise investment scheme (SEIS), alongside the enterprise investment scheme (EIS), aims to stimulate investment backing for smaller, higher-risk trading businesses by granting various tax reliefs to individuals acquiring newly issued shares in the companies concerned themselves. SEIS operates to detailed rules and stipulates multiple conditions that must be satisfied, covering in particular the following areas: the individual investors the shares issued, the funds raised and the overall arrangements in general the issuing company itself This Practice Note concentrates on the requirements applicable to the issuing company and any group to which it belongs (if there is one). However, the issuer must also carefully consider all the other SEIS conditions set out in the additional Practice Notes mentioned below in full. These requirements are framed by reference to SEIS income tax relief as provided for in Part 5A of the Income Tax Act 2007 (ITA 2007). Capital gains tax (CGT) relief—whether via...

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