835EA Small or medium-sized enterprise.

(1) This Part does not apply in computing for any chargeable period the profits or gains or losses of a person if that person is a small or medium-sized enterprise for that chargeable period.

(2) For the purposes of this section “small or medium-sized enterprise” means an enterprise which would fall within the category of micro, small and medium-sized enterprises as defined in the Annex to the Commission Recommendation (in this section referred to as the “Annex”) if—

(a) in the case of an enterprise which is in liquidation or administration, the rights of the liquidator or administrator (in that capacity) were left out of account when applying Article 3(3)(b) of the Annex in determining for the purposes of this Part whether—

(i) that enterprise, or

(ii) any other enterprise (including that of the liquidator or administrator),

is a small or medium-sized enterprise,

(b) Article 3 of the Annex had effect with the omission of paragraph 5 of that Article,

(c) the first sentence of Article 4(1) of the Annex had effect as if the data to apply to—

(i) the headcount of staff, and

(ii) the financial amounts,

were the data relating to the chargeable period referred to in subsection (1) (instead of the period described in the said first sentence of Article 4(1) of the Annex) and calculated on an annual basis, and

(d) Article 4 of the Annex had effect with the omission of the following provisions—

(i) the second sentence of paragraph 1 of that Article,

(ii) paragraph 2 of that Article, and

(iii) paragraph 3 of that Article.