Finance Act 2008

Amendment of section 78A (relief for small breweries) of Finance Act 2003.

73.— Section 78A (inserted by section 63 of the Finance Act 2005 ) of the Finance Act 2003 is amended by substituting the following for subsection (4):

“(4) (a) For the purposes of subsection (1)(b) a brewery is not considered to be legally and economically independent of another brewery where such breweries are directly or indirectly owned or partly owned—

(i) by the same person, or

(ii) by associated companies within the meaning of section 432 of the Taxes Consolidation Act 1997 or by legal entities corresponding to such associated companies.

(b) Notwithstanding subsection (1)(b) and paragraph (a), where a person referred to in subparagraph (i) or (ii) of paragraph (a) directly or indirectly owns two or more breweries and the combined total quantity of the beer brewed in those breweries in the previous calendar year has not exceeded 20,000 hectolitres, they may be treated for the purposes of this section as a single brewery which is legally and economically independent of any other brewery.”.