LegalizeReform history
Income and Corporation Taxes Act 1988
100 versions
· 1988-02-09
2022-07-14
Income and Corporation Taxes Act 1988
2019-07-05
Income and Corporation Taxes Act 1988
2019-02-12
Income and Corporation Taxes Act 1988
2017-11-16
Income and Corporation Taxes Act 1988
2017-04-27
Income and Corporation Taxes Act 1988
2017-04-06
Income and Corporation Taxes Act 1988
2016-12-14
Income and Corporation Taxes Act 1988
2016-09-15
Income and Corporation Taxes Act 1988
2016-08-12
Income and Corporation Taxes Act 1988
2016-06-16
Income and Corporation Taxes Act 1988
2015-03-26
Income and Corporation Taxes Act 1988
2015-02-12
Income and Corporation Taxes Act 1988
2014-08-01
Income and Corporation Taxes Act 1988
2014-07-17
Income and Corporation Taxes Act 1988
2014-01-01
Income and Corporation Taxes Act 1988
2013-07-17
Income and Corporation Taxes Act 1988
2013-04-06
Income and Corporation Taxes Act 1988
2012-07-17
Income and Corporation Taxes Act 1988
2012-04-01
Income and Corporation Taxes Act 1988
2012-03-14
Income and Corporation Taxes Act 1988
2011-08-11
Income and Corporation Taxes Act 1988
2011-07-19
Income and Corporation Taxes Act 1988
2011-06-16
Income and Corporation Taxes Act 1988
2011-02-25
Income and Corporation Taxes Act 1988
2010-12-16
Income and Corporation Taxes Act 1988
2010-10-01
Income and Corporation Taxes Act 1988
2010-07-27
Income and Corporation Taxes Act 1988
2010-04-08
Income and Corporation Taxes Act 1988
2010-04-01
Income and Corporation Taxes Act 1988
2009-12-01
Income and Corporation Taxes Act 1988
2009-11-11
Income and Corporation Taxes Act 1988
2009-10-01
Income and Corporation Taxes Act 1988
2009-09-01
Income and Corporation Taxes Act 1988
2009-08-13
Income and Corporation Taxes Act 1988
2009-07-21
Income and Corporation Taxes Act 1988
2009-06-01
Income and Corporation Taxes Act 1988
2009-04-23
Income and Corporation Taxes Act 1988
2009-04-22
Income and Corporation Taxes Act 1988
2009-04-06
Income and Corporation Taxes Act 1988
2009-04-01
Income and Corporation Taxes Act 1988
Changes on 2009-04-01
@@ -4,7 +4,7 @@
### Income tax
#### Case V income from land outside UK: corporation tax.
#### Relief for necessary expenses.
##### 1
@@ -16,13 +16,13 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 138.
#### Dealings in commodity futures etc: withdrawal of loss relief.
##### 3
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#### Terminal losses.
#### Section 432B apportionment: supplementary provisions.
##### 4
@@ -36,27 +36,23 @@
### Corporation tax
#### Spouses and civil partners.
#### Cessation of approval: general provisions.
##### 6
- (1) Corporation tax shall be charged on profits of companies, and the Corporation Tax Acts shall apply, for any financial year for which Parliament so determines, and where an Act charges corporation tax for any financial year the Corporation Tax Acts apply, without any express provision, for that year accordingly.
- (2) The provisions of the Income Tax Acts relating to the charge of income tax shall not apply to income of a company (not arising to it in a fiduciary or representative capacity) if—
- (a) the company is resident in the United Kingdom, or
- (b) the income is, in the case of a company not so resident, within the chargeable profits of the company as defined for the purposes of corporation tax by section 11(2).
- (3) A company shall not be chargeable to capital gains tax in respect of gains accruing to it so that it is chargeable in respect of them to corporation tax or would be so chargeable but for an exemption from corporation tax.
- (4) In this section, sections 7 to 12, 114, 115 (but subject to subsection (7)), . . . . . . and 248, Part VIII, Chapter IV of Part X and Part XI, except in so far as the context otherwise requires—
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In this section . . . , Part VIII, Chapter IV of Part X and Part XI, except in so far as the context otherwise requires—
- (a) “*profits*” means income and chargeable gains; and
- (b) “*trade*” includes “*vocation*”, and also includes an office or employment or the occupation of woodlands in any context in which the expression is applied to that in the Income Tax Acts.
- (4A) In sections 74(1), 79(1), 79A(1), 79B(1), 83A(1), 84(1), 86(1), 86A(2)(a), 87(1), (2) and (4), 88, 89, 90(1) and (3), 94(1), 100(2)(b), 101, 102, 401(1), 491(10), 577(7)(b), 579(2), 588(3), 589A(8) and 817(2), and in paragraph 5(11) of Schedule 30, “*profession*” includes vocation.
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Part VIII contains general provisions relating to the taxation of profits of companies.
@@ -78,14455 +74,12275 @@
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies: chargeable events.
#### Insurance companies carrying on more than one category of business: restriction of credit.
##### 8
- (1) Subject to any exceptions provided for by the Corporation Tax Acts, a company shall be chargeable to corporation tax on all its profits wherever arising.
- (2) A company shall be chargeable to corporation tax on profits accruing for its benefit under any trust, or arising under any partnership, in any case in which it would be so chargeable if the profits accrued to it directly; and a company shall be chargeable to corporation tax on profits arising in the winding up of the company, but shall not otherwise be chargeable to corporation tax on profits accruing to it in a fiduciary or representative capacity except as respects its own beneficial interest (if any) in those profits.
- (3) Corporation tax for any financial year shall be charged on profits arising in that year; but assessments to corporation tax shall be made on a company by reference to accounting periods, and the amount chargeable (after making all proper deductions) of the profits arising in an accounting period shall, where necessary, be apportioned between the financial years in which the accounting period falls.
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#### Appeals against Board’s notices under section 703.
##### 9
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Where . . . any enactment applies both to income tax and to corporation tax—
- (a) it shall not be affected in its operation by the fact that they are distinct taxes but, so far as is consistent with the Corporation Tax Acts, shall apply in relation to income tax and corporation tax as if they were one tax, so that, in particular, a matter which in a case involving two individuals is relevant for both of them in relation to income tax shall in a like case involving an individual and a company be relevant for him in relation to that tax and for it in relation to corporation tax; and
- (b) for that purpose references in any such enactment to a relief from or charge to income tax, or to a specified provision of the Income Tax Acts shall, in the absence of or subject to any express adaptation, be construed as being or including a reference to any corresponding relief from or charge to corporation tax, or to any corresponding provision of the Corporation Tax Acts.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief by agreement with other territories.
##### 10
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#### Reduction in chargeable profits: failure to qualify for exemptions
##### 11
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . Where a company not resident in the United Kingdom receives any payment on which it bears income tax by deduction, and the payment forms part of, or is to be taken into account in computing, the company’s income chargeable to corporation tax, the income tax thereon shall be set off against any corporation tax assessable on that income . . . for the accounting period in which the payment falls to be taken into account for corporation tax; and accordingly in respect of that payment the company shall not be entitled to a repayment of income tax before the assessment for that accounting period is finally determined and it appears that a repayment is due.
- (4) Subsection (3) above does not apply to a payment of relevant loan interest to which section 369 applies.
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##### 12
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals against Board’s notices under section 703.
##### 9
- (1) Except as otherwise provided by the Tax Acts, the amount of any income shall for purposes of corporation tax be computed in accordance with income tax principles, all questions as to the amounts which are or are not to be taken into account as income, or in computing income, or charged to tax as a person’s income, or as to the time when any such amount is to be treated as arising, being determined in accordance with income tax law and practice as if accounting periods were years of assessment.
- (2) For the purposes of this section “*income tax law*” means, in relation to any accounting period, the law applying, for the year of assessment in which the period ends, to the charge on individuals of income tax, except that it does not include —
- (a) such of the enactments of the Income Tax Acts as make special provision for individuals in relation to matters referred to in subsection (1) above, or
- (b) ITA 2007.
- (2A) But no income shall be computed, and no assessment shall be made, for purposes of corporation tax under ITTOIA 2005.
- (2B) Instead, income shall continue to be computed, and the assessment shall continue to be made, for purposes of corporation tax under Schedules A and D and the Cases of Schedule D.
- (2C) For (but only for) the purpose of continuing to apply for purposes of corporation tax, those Schedules and Cases are treated as if they were still part of income tax law (and therefore applied in accordance with subsection (1) above for purposes of corporation tax).
- (3) Accordingly, for purposes of corporation tax, income shall be computed, and the assessment shall be made, under—
- (a) Schedules A and D and the Cases of Schedule D. . . , and
- (b) the following provisions of ITEPA 2003 (which impose charges to income tax)—
- (i) Part 2 (employment income),
- (ii) Part 9 (pension income), and
- (iii) Part 10 (social security income),
and in accordance with the provisions applicable to those Schedules and Cases and those Parts, but (subject to the provisions of the Corporation Tax Acts) the amounts so computed for the several sources of income, if more than one, together with any amount to be included in respect of chargeable gains, shall be aggregated to arrive at the total profits.
- (4) Without prejudice to the generality of subsection (1) above, any provision of the Income Tax Acts (other than ITTOIA 2005 and ITA 2007) which confers an exemption from income tax, or which provides for a person to be charged to income tax on any amount (whether expressed to be income or not, and whether an actual amount or not), shall, except as otherwise provided, have the like effect for purposes of corporation tax.
- (5) Where, by virtue of this section or otherwise, any enactment applies both to income tax and to corporation tax—
- (a) it shall not be affected in its operation by the fact that they are distinct taxes but, so far as is consistent with the Corporation Tax Acts, shall apply in relation to income tax and corporation tax as if they were one tax, so that, in particular, a matter which in a case involving two individuals is relevant for both of them in relation to income tax shall in a like case involving an individual and a company be relevant for him in relation to that tax and for it in relation to corporation tax; and
- (b) for that purpose references in any such enactment to a relief from or charge to income tax, or to a specified provision of the Income Tax Acts shall, in the absence of or subject to any express adaptation, be construed as being or including a reference to any corresponding relief from or charge to corporation tax, or to any corresponding provision of the Corporation Tax Acts.
- (6) . . . Nothing in this section shall be taken to mean that income arising in any period is to be computed by reference to any other period (except in so far as this results from apportioning to different parts of a period income of the whole period).
#### Relief by agreement with other territories.
##### 10
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#### Reduction in chargeable profits: failure to qualify for exemptions
##### 11
- (1) A company not resident in the United Kingdom is within the charge to corporation tax if, and only if, it carries on a trade in the United Kingdom through a permanent establishment in the United Kingdom.
- (2) If it does so, it is chargeable to corporation tax, subject to any exceptions provided for by the Corporation Tax Acts, on all profits, wherever arising, that are attributable to its permanent establishment in the United Kingdom.
These profits, and these only, are the company’s “*chargeable profits*” for the purposes of corporation tax.
- (2A) The profits attributable to a permanent establishment for the purposes of corporation tax are—
- (a) trading income arising directly or indirectly through or from the establishment,
- (b) income from property or rights used by, or held by or for, the establishment, and
- (c) chargeable gains falling within section 10B of the 1992 Act—
- (i) by virtue of assets being used in or for the purposes of the trade carried on by the company through the establishment, or
- (ii) by virtue of assets being used or held for the purposes of the establishment or being acquired for use by or for the purposes of the establishment.
- (3) . . . Where a company not resident in the United Kingdom receives any payment on which it bears income tax by deduction, and the payment forms part of, or is to be taken into account in computing, the company’s income chargeable to corporation tax, the income tax thereon shall be set off against any corporation tax assessable on that income . . . for the accounting period in which the payment falls to be taken into account for corporation tax; and accordingly in respect of that payment the company shall not be entitled to a repayment of income tax before the assessment for that accounting period is finally determined and it appears that a repayment is due.
- (4) Subsection (3) above does not apply to a payment of relevant loan interest to which section 369 applies.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7B) . . .
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- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Where it appears to the inspector that the beginning or end of any accounting period of a company is uncertain, he may make an assessment on the company for such period, not exceeding 12 months, as appears to him appropriate, and that period shall be treated for all purposes as an accounting period of the company unless either—
- (a) the inspector on further facts coming to his knowledge sees fit to revise it; or
- (b) on an appeal against the assessment in respect of some other matter the company shows the true accounting periods;
and if on an appeal against an assessment made by virtue of this subsection the company shows the true accounting periods, the assessment appealed against shall, as regards the period to which it relates, have effect as an assessment or assessments for the true accounting periods, and there may be made such other assessments for any such periods or any of them as might have been made at the time when the assessment appealed against was made.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Small companies’ rate
#### Qualifying vehicles
##### 13
- (1) Where in any accounting period the profits of a company which—
- (a) is resident in the United Kingdom, and
- (b) is not a close investment-holding company (as defined in section 13A) at the end of that period.
do not exceed the lower relevant maximum amount, the company may claim that the corporation tax charged on its basic profits for that period shall be calculated as if the rate of corporation tax (instead of being the rate fixed for companies generally) were such lower rate (to be known as the “*small companies’ rate*”) as Parliament may from time to time determine.
- (2) Where in any accounting period the profits of any such company exceed the lower relevant maximum amount but do not exceed the upper relevant maximum amount, the company may claim that the corporation tax charged on its basic profits for that period shall be reduced by a sum equal to such fraction as Parliament may from time to time determine of the following amount—
$$(M-P)xIP$where—$
M is the upper relevant maximum amount;
P is the amount of the profits; and
I is the amount of the basic profits.
- (3) The lower and upper relevant maximum amounts mentioned above shall be determined as follows—
- (a) where the company has no associated company in the accounting period, those amounts are £300,000 and £1,500,000 respectively;
- (b) where the company has one or more associated companies in the accounting period, the lower relevant maximum amount is £300,000 divided by one plus the number of those associated companies, and the upper relevant maximum amount is £1,500,000 divided by one plus the number of those associated companies.
- (4) In applying subsection (3) above to any accounting period of a company, an associated company which has not carried on any trade or business at any time in that accounting period (or, if an associated company during part only of that accounting period, at any time in that part of that accounting period) shall be disregarded and for the purposes of this section a company is to be treated as an “*associated company*” of another at a given time if at that time one of the two has control of the other or both are under the control of the same person or persons.
- In this subsection “*control*” shall be construed in accordance with section 416 except that, in the application of subsection (6) of that section in relation to the company (“the taxpayer company”) and another company or companies for the purposes of this section, the references to an associate of a person (“P”) include a partner of the person only if the condition in subsection (4A) below is met.
- (4A) The condition referred to in subsection (4) above is that relevant tax planning arrangements have at any time had effect in relation to the taxpayer company (whether in connection with its formation or otherwise).
- (4B) In subsection (4A) above “*relevant tax planning arrangements*” means arrangements which—
- (a) involve P and the partner, and
- (b) secure a relevant tax advantage.
- (4C) In subsection (4B) above—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), other than any guarantee, security or charge given to or taken by a bank, and
- “*relevant tax advantage*” means a reduction of the taxpayer company's liability to corporation tax by virtue of an increase in relief under this section.
- (5) In determining how many associated companies a company has got in an accounting period or whether a company has an associated company in an accounting period, an associated company shall be counted even if it was an associated company for part only of the accounting period, and two or more associated companies shall be counted even if they were associated companies for different parts of the accounting period .
- (6) For an accounting period of less than 12 months the relevant maximum amounts determined in accordance with subsection (3) above shall be proportionately reduced.
- (7) For the purposes of this section the profits (but not the basic profits) of a company for an accounting period shall be taken to be the amount of its profits for that period on which corporation tax falls finally to be borne, with the addition of franked investment income other than franked investment income (if any) which the company (“the receiving company") receives from a company resident in the United Kingdom which is—
- (a) a 51 per cent. subsidiary of the receiving company or of a company . . . of which the receiving company is a 51 per cent. subsidiary; or
- (b) a trading or holding company which does not fall within subsection (7A) below and which is owned by a consortium the members of which include the receiving company.
which the company (if a member of a group) receives from companies within the group . . . ; and for this purpose distributions received by the company from another are to be treated as coming from within the company’s group if, but only if, dividends so received are group income or would be group income if the companies so elected.
- (7A) A company falls within this subsection if—
- (a) it is a 75 per cent subsidiary of any other company, or
- (b) arrangements of any kind (whether in writing or not) are in existence by virtue of which it could become such a subsidiary.
- (8) For the purposes of this section the basic profits of a company for an accounting period shall be taken to be the amount of its profits for that period on which corporation tax falls finally to be borne.
- (8AA) Section 13ZA applies for the interpretation of subsection (7) above.
- (8AB) The reference in subsection (7) above to franked investment income received by a company applies to any such income received by another person on behalf of or in trust for the company, but not to any such income received by the company on behalf of or in trust for another person.
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Advance corporation tax
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##### 12
- (1) Except as otherwise provided by the Corporation Tax Acts, corporation tax shall be assessed and charged for any accounting period of a company on the full amount of the profits arising in the period (whether or not received in or transmitted to the United Kingdom) without any other deduction than is authorised by those Acts.
- (2) An accounting period of a company shall begin for purposes of corporation tax whenever—
- (a) the company, not then being within the charge to corporation tax, comes within it, whether by the company becoming resident in the United Kingdom or acquiring a source of income, or otherwise; or
- (b) an accounting period of the company ends without the company then ceasing to be within the charge to corporation tax.
- (3) An accounting period of a company shall end for purposes of corporation tax on the first occurrence of any of the following—
- (a) the expiration of 12 months from the beginning of the accounting period;
- (b) an accounting date of the company or, if there is a period for which the company does not make up accounts, the end of that period;
- (c) the company beginning or ceasing to trade or to be, in respect of the trade or (if more than one) of all the trades carried on by it, within the charge to corporation tax;
- (d) the company beginning or ceasing to be resident in the United Kingdom;
- (da) the company ceasing to be in administration;
- (e) the company ceasing to be within the charge to corporation tax.
- (4) For the purposes of this section a company resident in the United Kingdom, if not otherwise within the charge to corporation tax, shall be treated as coming within the charge to corporation tax at the time when it commences to carry on business.
- (5) Subject to subsection (5A) below if a company carrying on more than one trade makes up accounts of any of them to different dates, and does not make up general accounts for the whole of the company’s activities, subsection (3)(b) above shall apply with reference to the accounting date of such one of the trades as the company may determine.
- (5A) If the Board is of the opinion, on reasonable grounds, that a date determined by a company for the purposes of subsection (5) above is inappropriate, they may by notice direct that the accounting date of such other of the trades referred to in that subsection as appears to them to be appropriate shall be used instead.
- (5B) For the purposes of subsection (3)(da) a company ceases to be in administration when it ceases to be in administration under Schedule B1 to the Insolvency Act 1986 or any corresponding event occurs otherwise than under that Act.
- (6) If a chargeable gain or allowable loss accrues to a company at a time not otherwise within an accounting period of the company, an accounting period of the company shall then begin for the purposes of corporation tax, and the gain or loss shall accrue in that accounting period.
- (7) Notwithstanding anything in subsections (1) to (6) above, where a company is wound up, an accounting period shall end and a new one begin with the commencement of the winding up, and thereafter, subject to subsection (7ZA) below and section 342(6), an accounting period shall not end otherwise than by the expiration of 12 months from its beginning or by the completion of the winding up.
- (7ZA) Notwithstanding anything in subsections (1) to (6) above, where a company enters administration—
- (a) an accounting period of the company shall end immediately before the day the company enters administration, and
- (b) if immediately before the company enters administration it is in the course of being wound up, subsection (7) ceases to apply at the end of that accounting period.
For this purpose a company enters administration when it enters administration under Schedule B1 to the Insolvency Act 1986 or is subject to any corresponding procedure otherwise than under that Act.
- (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7B) . . .
##### 14
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this Act “*qualifying distribution*” means any distribution other than—
- (a) a distribution which, in relation to the company making it, is a distribution by virtue only of section 209(2)(c); or
- (b) a distribution consisting of any share capital or security which the company making the distribution has directly or indirectly received from the company by which the share capital or security was issued and which, in relation to the latter company, is a distribution by virtue only of section 209(2)(c).
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The six Schedules
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##### 15
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#### Schedule B
##### 16
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#### Schedule C
##### 17
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#### Schedule D
##### 18
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#### Schedule E
##### 19
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#### Schedule F
##### 20
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## PART II — PROVISIONS RELATING TO THE SCHEDULE A CHARGE
### General
#### Persons chargeable
##### 21
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#### Assessments
##### 22
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#### Collection from lessees and agents
##### 23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Construction of Part II
##### 24
- (1) In this Part, except where the context otherwise requires—
- “*lease*” includes an agreement for a lease, and any tenancy, but does not include a mortgage or heritable security, and “*lessee*”, “*lessor*” and “*letting*” shall be construed accordingly;
- “*lessee*” and “*lessor*” include respectively the successors in title of a lessee or a lessor; and
- “*premises*” includes any land; and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In the application of this Part to Scotland—
- “*assignment*” means an assignation;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Where it appears to the inspector that the beginning or end of any accounting period of a company is uncertain, he may make an assessment on the company for such period, not exceeding 12 months, as appears to him appropriate, and that period shall be treated for all purposes as an accounting period of the company unless either—
- (a) the inspector on further facts coming to his knowledge sees fit to revise it; or
- (b) on an appeal against the assessment in respect of some other matter the company shows the true accounting periods;
and if on an appeal against an assessment made by virtue of this subsection the company shows the true accounting periods, the assessment appealed against shall, as regards the period to which it relates, have effect as an assessment or assessments for the true accounting periods, and there may be made such other assessments for any such periods or any of them as might have been made at the time when the assessment appealed against was made.
- (9) This section is subject to Schedule 10 to the Finance Act 2006.
### Small companies’ rate
#### Qualifying vehicles
##### 13
- (1) Where in any accounting period the profits of a company which—
- (a) is resident in the United Kingdom, and
- (b) is not a close investment-holding company (as defined in section 13A) at the end of that period.
do not exceed the lower relevant maximum amount, the company may claim that the corporation tax charged on its basic profits for that period shall be calculated as if the rate of corporation tax (instead of being the rate fixed for companies generally) were such lower rate (to be known as the “*small companies’ rate*”) as Parliament may from time to time determine.
- (2) Where in any accounting period the profits of any such company exceed the lower relevant maximum amount but do not exceed the upper relevant maximum amount, the company may claim that the corporation tax charged on its basic profits for that period shall be reduced by a sum equal to such fraction as Parliament may from time to time determine of the following amount—
$$(M-P)xIP$where—$
M is the upper relevant maximum amount;
P is the amount of the profits; and
I is the amount of the basic profits.
- (3) The lower and upper relevant maximum amounts mentioned above shall be determined as follows—
- (a) where the company has no associated company in the accounting period, those amounts are £300,000 and £1,500,000 respectively;
- (b) where the company has one or more associated companies in the accounting period, the lower relevant maximum amount is £300,000 divided by one plus the number of those associated companies, and the upper relevant maximum amount is £1,500,000 divided by one plus the number of those associated companies.
- (4) In applying subsection (3) above to any accounting period of a company, an associated company which has not carried on any trade or business at any time in that accounting period (or, if an associated company during part only of that accounting period, at any time in that part of that accounting period) shall be disregarded and for the purposes of this section a company is to be treated as an “*associated company*” of another at a given time if at that time one of the two has control of the other or both are under the control of the same person or persons.
- In this subsection “*control*” shall be construed in accordance with section 416 except that, in the application of subsection (6) of that section in relation to the company (“the taxpayer company”) and another company or companies for the purposes of this section, the references to an associate of a person (“P”) include a partner of the person only if the condition in subsection (4A) below is met.
- (4A) The condition referred to in subsection (4) above is that relevant tax planning arrangements have at any time had effect in relation to the taxpayer company (whether in connection with its formation or otherwise).
- (4B) In subsection (4A) above “*relevant tax planning arrangements*” means arrangements which—
- (a) involve P and the partner, and
- (b) secure a relevant tax advantage.
- (4C) In subsection (4B) above—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), other than any guarantee, security or charge given to or taken by a bank, and
- “*relevant tax advantage*” means a reduction of the taxpayer company's liability to corporation tax by virtue of an increase in relief under this section.
- (5) In determining how many associated companies a company has got in an accounting period or whether a company has an associated company in an accounting period, an associated company shall be counted even if it was an associated company for part only of the accounting period, and two or more associated companies shall be counted even if they were associated companies for different parts of the accounting period .
- (6) For an accounting period of less than 12 months the relevant maximum amounts determined in accordance with subsection (3) above shall be proportionately reduced.
- (7) For the purposes of this section the profits (but not the basic profits) of a company for an accounting period shall be taken to be the amount of its profits for that period on which corporation tax falls finally to be borne, with the addition of franked investment income other than franked investment income (if any) which the company (“the receiving company") receives from a company resident in the United Kingdom which is—
- (a) a 51 per cent. subsidiary of the receiving company or of a company . . . of which the receiving company is a 51 per cent. subsidiary; or
- (b) a trading or holding company which does not fall within subsection (7A) below and which is owned by a consortium the members of which include the receiving company.
which the company (if a member of a group) receives from companies within the group . . . ; and for this purpose distributions received by the company from another are to be treated as coming from within the company’s group if, but only if, dividends so received are group income or would be group income if the companies so elected.
- (7A) A company falls within this subsection if—
- (a) it is a 75 per cent subsidiary of any other company, or
- (b) arrangements of any kind (whether in writing or not) are in existence by virtue of which it could become such a subsidiary.
- (8) For the purposes of this section the basic profits of a company for an accounting period shall be taken to be the amount of its profits for that period on which corporation tax falls finally to be borne.
- (8AA) Section 13ZA applies for the interpretation of subsection (7) above.
- (8AB) The reference in subsection (7) above to franked investment income received by a company applies to any such income received by another person on behalf of or in trust for the company, but not to any such income received by the company on behalf of or in trust for another person.
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In Schedule A and in sections 25 to 31—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) “*rent*” includes a payment by the tenant to defray the cost of work of maintenance of, or repairs to, the demised premises, not being work required by the lease to be carried out by the tenant; . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Deductions and other allowances
#### Deductions from rent: general rules
##### 25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deductions from rent: land managed as one estate
##### 26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deductions from rent: maintenance funds for historic buildings
##### 27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deductions from receipts other than rent
##### 28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sporting rights
##### 29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenditure on making sea walls
##### 30
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 25 to 30
##### 31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital allowances for machinery and plant used in estate management
##### 32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Agricultural land: allowance for excess expenditure on maintenance
##### 33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Premiums, leases at undervalue etc
#### Treatment of premiums etc. as rent or Schedule D profits
##### 34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule D charge on assignment of lease granted at an undervalue
##### 35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule D charge on sale of land with right to reconveyance
##### 36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Premiums paid etc: deductions from premiums and rent received
##### 37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Rules for ascertaining duration of leases
##### 38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Saving for pre-1963 leases, and special relief for individuals
##### 39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary provisions
#### Tax treatment of receipts and outgoings on sale of land
##### 40
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for rent etc. not paid
##### 41
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals against determinations under sections 34 to 36
##### 42
- (1) Where it appears to the inspector that the determination of —
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) any amount that under Chapter 4 of Part 3 of ITTOIA 2005 (profits of property businesses: lease premiums etc.) is brought into account as a receipt in calculating the profits of a property business (within the meaning of that Act),
may affect the liability to income tax, corporation tax or capital gains tax of other persons he may give notice to those persons as well as to the first-mentioned person of the determination he proposes to make and of the rights conferred on them by this section.
- (2) Any person to whom such a notice is given may, within 30 days after the date on which it is given, object to the proposed determination by notice given to the inspector.
- (3) Where notices have been given under subsection (1) above and no notice of objection is duly given under subsection (2) above the inspector shall make the determination as proposed in his notices and the determination shall not be called in question in any proceedings.
- (4) Where a notice of objection is duly given the amount mentioned in subsection (1) above shall be determined in like manner as an appeal . . . .
- (5) All persons to whom notices have been given under subsection (1) above may be a party to any proceedings under subsection (4) above and in any appeal arising out of those proceedings and shall be bound by the determination made in the proceedings or on appeal, whether or not they have taken part in the proceedings; and their successors in title shall also be so bound.
- (6) A notice under subsection (1) above may, notwithstanding any obligation as to secrecy or other restriction on the disclosure of information, include a statement of the grounds on which the inspector proposes to make the determination.
- (7) An inspector may by notice require any person to give within the time specified in the notice such information as appears to the inspector to be required for deciding whether to give a notice under subsection (1) above to any person.
#### Non-residents
##### 43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART III — GOVERNMENT SECURITIES
### General
#### Income tax: mode of charge
##### 44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Part III
##### 45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Government securities: exemptions from tax
#### Savings certificates and tax reserve certificates
##### 46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### United Kingdom government securities held by non-residents
##### 47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Securities of foreign states
##### 48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Stock and dividends in name of Treasury etc
##### 49
- (1) No tax shall be chargeable in respect of the stock or dividends—
- (a) transferred, in pursuance of any Act of Parliament, to accounts in the books of the Bank of England in the name of the Treasury or the National Debt Commissioners, or
- (b) transferred, in pursuance of any Act of Parliament, to the Treasury or the National Debt Commissioners and in respect of which the Treasury or those Commissioners are entered as holder in the registers kept by the Registrar of Government Stock,
but the Bank of England and the Registrar of Government Stock shall each transmit to the Board an account of the total amount thereof in those books or registers as the case may be.
- (2) No tax shall be chargeable in respect of the stock or dividends belonging to the Crown, in whatever name they may stand in the books of the Bank of England or in the registers kept by the Registrar of Government Stock.
- (3) In this section “dividends” means any interest, public annuities, dividends or shares of annuities.
- (4) In this section “*Registrar of Government Stock*” means the person or persons appointed in accordance with regulations under section 47(1)(b) of the Finance Act 1942 (see regulation 3 of the Government Stock Regulations 2004).
### Government securities: interest payable without deduction of tax
#### United Kingdom securities: Treasury directions for payment without deduction of tax
##### 50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treasury directions as respects Northern Ireland securities
##### 51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of interest on converted government securities and interest which becomes subject to deduction
##### 52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART IV — PROVISIONS RELATING TO THE SCHEDULE D CHARGE
### CHAPTER I — SUPPLEMENTARY CHARGING PROVISIONS
#### Farming and other commercial occupation of land (except woodlands)
##### 53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Woodlands managed on a commercial basis
##### 54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Mines, quarries and other concerns
##### 55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions in deposits with and without certificates or in debts
##### 56
- (1) Subsection (2) below applies to the following rights—
- (a) the right to receive the amount, with or without interest, stated in a certificate of deposit;
- (b) the right to receive an amount payable with interest—
- (i) in a transaction in which no certificate of deposit or security is issued, and
- (ii) which is payable by a bank or similar institution or a person regularly engaging in similar transactions;
and the right to receive that interest.
- (2) Profits or gains arising to a company from the disposal of a right to which this subsection applies or, except so far as it is a right to receive interest, from the exercise of any such right (whether by the person to whom the certificate was issued or by some other person, or, as the case may be, by the person who acquired the right in the transaction referred to in subsection (1) above or by some person acquiring it directly or indirectly from that person), shall, if not falling to be taken into account as a trading receipt, be treated as an amount to which the charge to corporation tax on income applies.
- (3) Subsection (2) above and section 551 of ITTOIA 2005 (charge to income tax on profits from disposal of deposit rights) do not apply in the case of the disposal or exercise of a right to receive an amount stated in a certificate of deposit or interest on such an amount—
- (a) if the company disposing of the right acquired it before 7th March 1973;
- (b) to any profits or gains arising to a fund or scheme in the case of which provision is made by section 613(4) or 614(2) or (3) or section 186 of the Finance Act 2004 for exempting the whole or part of its income from income tax;
- (c) in so far as they are applied to charitable purposes only, to any profits or gains arising to a charitable company within the meaning of section 506.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) This section and section 56A shall not apply for the purposes of corporation tax except in relation to rights in existence before 1st April 1996.
- (4B) For the purposes of corporation tax, where any profits or gains arising from the disposal or exercise of a right in existence before 1st April 1996 are, or (if there were any) would be, chargeable under this section, nothing in Part 5 of CTA 2009 (loan relationships) shall require any amount relating to that disposal, or to the exercise of that right, to be brought into account for the purposes of that Part.
- (5) In this section—
- “*certificate of deposit*” means a document relating to money, in any currency, which has been deposited with the issuer or some other person, being a document which recognises an obligation to pay a stated amount to bearer or to order, with or without interest, and being a document by the delivery of which, with or without endorsement, the right to receive that stated amount, with or without interest, is transferable; and
- “*security*” has the same meaning as in section 132 of the 1992 Act.
#### Deep discount securities
##### 57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign pensions
##### 58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons chargeable
##### 59
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where, in accordance with section 12 of ITTOIA 2005, income tax is charged . . . on the profits of markets or fairs, or on tolls, fisheries or any other annual or casual profits not distrainable, the owner or occupier or receiver of the profits thereof shall be answerable for the tax so charged, and may retain and deduct the same out of any such profits.
- (4) Subsection (3) above shall not apply for the purposes of corporation tax.
### CHAPTER II — INCOME TAX: BASIS OF ASSESSMENT ETC.
### Cases I and II
#### Assessment on preceding year basis
##### 60
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special basis at commencement of trade, profession or vocation
##### 61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special basis for early years following commencement
##### 62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special basis on discontinuance
##### 63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Cases III, IV and V
#### Case III assessments: general
##### 64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cases IV and V assessments: general
##### 65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special rules for fresh income
##### 66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special rules where source of income disposed of or yield ceases
##### 67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special rules where property etc. situated in Republic of Ireland
##### 68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Case VI
#### Assessment on current year basis unless otherwise directed
##### 69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — CORPORATION TAX: BASIS OF ASSESSMENT ETC
#### Basis of assessment etc
##### 70
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — PROVISIONS SUPPLEMENTARY TO CHAPTERS II AND III
#### Computation of income tax where no profits in year of assessment
##### 71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Apportionments etc. for purposes of Cases I, II and VI
##### 72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Single assessments for purposes of Cases III, IV and V
##### 73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — COMPUTATIONAL PROVISIONS
### Deductions
#### General rules as to deductions not allowable
##### 74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses of management: investment companies
##### 75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses of management: insurance companies
##### 76
- (1) In computing for the purposes of corporation tax the profits for any accounting period of a company—
- (a) which carries on life assurance business, and
- (b) which is charged to tax in respect of that business under the I minus E basis,
sections 1219 to 1223 of CTA 2009 (expenses of management of a company's investment business) do not apply in computing the profits of that business, but a deduction for expenses payable (the “expenses deduction”) is to be allowed in accordance with the following provisions of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The expenses deduction is to be made from so much of the income and gains of the accounting period referable to basic life assurance and general annuity business as remains after any deduction falling to be made by virtue of section 388 of CTA 2009 (basic rule: deficit set off against income and gains of deficit period).
- (3) For the purposes of this section “*expenses payable*” means expenses brought into account in line 12, 22 or 25 of Form 40 (the revenue account) in the periodical return of the company for a period of account, but does not include any of the amounts falling within subsection (4), (5) or (6) below.
- (4) The amounts falling within this subsection are the following—
- (a) reinsurance premiums,
- (b) refunds of premiums,
- (c) profit commissions and profit participations (however described),
- (d) expenses or other amounts payable, to the extent that the company’s purpose in incurring the liability to make the payment is not a business or other commercial purpose of the company.
For the purposes of paragraph (d) above, it is not one of the business or commercial purposes of a company to incur a liability to pay an amount of commission or other expenses which exceeds the amount which it could reasonably be expected to pay if the company were charged to tax under section 35 of CTA 2009 (charge on trade profits) in respect of its life assurance business.
- (5) The amounts falling within this subsection are any amounts payable in connection with a policy or contract to—
- (a) a policy holder or annuitant under the policy or contract (except where the policy holder is an insurance company),
- (b) any other person who is entitled to receive benefits under the policy or contract,
- (c) any person acting on behalf of a person falling within paragraph (a) or (b) above,
- (d) the personal representatives of a deceased person who fell within paragraphs (a) to (c) above.
- (6) The amounts falling within this subsection are expenses of a capital nature.
But this subsection does not apply in the case of an amount which, by virtue of any provision of the Tax Acts other than this section, falls to be treated for the purposes of this section as expenses payable which fall to be brought into account at Step 1 in subsection (7) below (the reference to Step 1 being express in the provision).
- (7) The amount of the expenses deduction for an accounting period is found by taking the following steps—
- *Step 1*
- Find so much of the expenses payable as are—attributable to basic life assurance and general annuity business (see subsection (8) below), andreferable to the accounting period (see subsection (9) below).
- *Step 2*
- Reduce each of the amounts found at Step 1 by excluding so much of the amount as is—deductible in computing, for corporation tax purposes, the profits of a UK property business,deductible by virtue of section 85(2B) of the Finance Act 1989, . . . deductible by virtue of section 272 of CTA 2009 in computing income from the letting of rights to work minerals in the United Kingdom, orrequired to be deducted by subsection (9A) below.
- *Step 3*
- Find the amounts (so far as not included at Step 1) which fall to be treated for the purposes of this section as expenses payable for the accounting period by virtue of any of the following provisions—
- section 432AB(3) (Schedule A loss or an overseas property business loss referable to basic life assurance and general annuity business);
- section 437(1A) (relief for income element of new annuities);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- paragraph 16(1) of Schedule 7 to the Finance Act 1991 (transitional relief for old annuities);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 256(2)(a) of the Capital Allowances Act (capital allowances on plant and machinery used in the management of life assurance business);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 391(3)(b) of CTA 2009 (carried forward non-trading deficit on loan relationships);
- section 1080(2) of CTA 2009 (30% additional deduction for qualifying R&D expenditure of company carrying on life assurance business);
- section 1161 of CTA 2009 (150% relief for remediation expenditure on contaminated land owned by company carrying on life assurance business).
- *Step 4*
- Give effect to the provisions specified in Step 3 by adding together—so much of the amounts found at Step 1 as remains after making any reductions at Step 2, andthe amounts found at Step 3,
- and then deduct the amount of any reversal (wherever brought into account) of an expense included at Step 1 in a previous period,
- to give Subtotal 1.
- *Step 5*
- If the whole or any part of a loss arising to the company in respect of its life assurance business in the accounting period is set off under section 393A or 403(1)—find the amount (“amount L”) that is equal to so much of the loss as, in the aggregate, is so set off,find the amount (“amount S”) by which any losses for that period under section 436A fall to be reduced under section 434A(2)(b),from amount L deduct amount S, to give the adjusted loss deduction,
- then reduce Subtotal 1 by deducting from it the adjusted loss deduction,
- to give Subtotal 2.
- *Step 6*
- Give effect to subsection (6) of section 86 of the Finance Act 1989 (spreading of acquisition expenses) by—finding the amount that is equal to six-sevenths of the adjusted amount of the acquisition expenses (within the meaning of that section) for the accounting period, anddeducting that amount from Subtotal 2,
- to give Subtotal 3.
- *Step 7*
- Add together the following amounts—Subtotal 3, andany amounts carried forward to the accounting period under subsection (12) or (13) below (unrelieved excesses from earlier accounting periods),
- to give Subtotal 4.
- *Step 8*
- Give effect to subsections (8) and (9) of section 86 of the Finance Act 1989 (fraction of adjusted amount of acquisition expenses for earlier accounting periods) by adding together—Subtotal 4, andany amounts which are to be relieved under this section by virtue of those subsections,
- to give the expenses deduction.
- *Step 9*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- *Step 10: the amount of the expenses deduction*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of Step 1, the expenses that are attributable to basic life assurance and general annuity business are the expenses which are attributable to that business in accordance with proper internal accounting practice.
In this subsection “*proper internal accounting practice*” means the practice of insurance companies in allocating all the expenses of the company to particular categories of business in accordance with any applicable requirements of—
- (a) generally accepted accounting practice, . . .
- (b) the Prudential Sourcebook (Insurers), or
- (c) the Insurance Prudential Sourcebook.
- (9) The following rules have effect for determining for the purposes of Step 1 the expenses that are referable to an accounting period.
*Rule A*
Where a period of account coincides with an accounting period, the expenses brought into account for the period of account are the expenses referable to the accounting period.
*Rule B*
Where—
- (a) two or more accounting periods fall within the same period of account, and
- (b) that period of account is longer than 12 months,
section 834(4) (apportionment on time basis) is to apply.
*Rule C*
In any other case where two or more accounting periods fall within the same period of account, the expenses referable to any of those accounting periods are the expenses that would have been referable to that accounting period if—
- (a) the accounting period had coincided with a period of account, and
- (b) a separate periodical return had been made for that period of account,
and section 834(4) (apportionment on time basis) is not to apply.
*Rule D*
Rules A to C are subject to any provision of the Corporation Tax Acts which provides for an amount to be treated as expenses payable for, or referable to, a particular period.
- (9A) The amount required to be deducted at paragraph (d) of Step 2 is the total of the amounts (if any) arrived at under subsection (9C) below in relation to the fronting reinsurance contracts (if any) made by the company.
- (9B) A fronting reinsurance contract is a contract of reinsurance forming part of a fronting reinsurance arrangement; and a fronting reinsurance arrangement is an arrangement under which the company—
- (a) enters into a contract constituting term assurance with a person, and
- (b) reinsures all, or substantially all, of the liabilities under that contract with a reinsurer which—
- (i) does not meet the BLAGAB group reinsurance conditions in paragraph 1(3) of Schedule 19ABA to this Act, and
- (ii) is connected with that person or with a person entitled to commission from the company in respect of the contract.
- (9C) The amount referred to in subsection (9A) above in relation to any fronting reinsurance contract made by the company is the relevant reinsurance fraction of so much of the amount found at Step 1 as relates to policies and contracts which are relevant reinsured policies and contracts in relation to the fronting reinsurance contract.
- (9D) For the purposes of subsection (9C) above “the relevant reinsurance fraction” is—
$$RLTL$where—RL is so much of TL as is reinsured under the fronting reinsurance contract, andTL is the amount of the total liabilities under the relevant reinsured policies and contracts at the end of the accounting period.$
- (9E) For the purposes of subsections (9B) and (9C) above policies and contracts are relevant reinsured policies and contracts in relation to a fronting reinsurance contract if—
- (a) they are attributable to the company's basic life assurance and general annuity business, and
- (b) any or all of the risks under them are reinsured under the fronting reinsurance contract.
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) Where for any accounting period—
- (a) the amount of the expenses deduction (see Step 8), exceeds
- (b) the amount from which that deduction is to be made (see subsection (2) above),
the excess is to be carried forward to the next accounting period for which the company is charged to tax in respect of its life assurance business under the I minus E basis and brought into account for that period in accordance with Step 7.
- (13) Where for any accounting period excess adjusted Case I profits are charged to tax under section 85A of the Finance Act 1989, an amount equal to the profits is to be carried forward to the next accounting period for which the company is charged to tax in respect of its life assurance business under the I minus E basis and brought into account for that period in accordance with Step 7.
- (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (15) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*expenses payable*” has the meaning given by subsection (3) above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Incidental costs of obtaining loan finance
##### 77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Discounted bills of exchange
##### 78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Contributions to local enterprise agencies
##### 79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses connected with foreign trades etc
##### 80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Travel between trades etc
##### 81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest paid to non-residents
##### 82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Patent fees etc. and expenses
##### 83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments for technical education
##### 84
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments to trustees of approved profit sharing schemes
##### 85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employees seconded to charities and educational establishments
##### 86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxable premiums etc
##### 87
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments to Export Credit Guarantee Department
##### 88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Debts proving irrecoverable after event treated as discontinuance
##### 89
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional payments to redundant employees
##### 90
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cemeteries
##### 91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Treatment of regional development and other grants and debts released etc.
#### Regional development grants
##### 92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other grants under Industrial Development Act 1982 etc
##### 93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Debts deducted and subsequently released
##### 94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of dealer’s receipts on purchase by company of own shares
##### 95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Special provisions
#### Farming and market gardening: relief for fluctuating profits
##### 96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of farm animals etc
##### 97
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tied premises
##### 98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dealers in land
##### 99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — DISCONTINUANCE . . .
### Valuation of trading stock etc.
#### Valuation of trading stock at discontinuance of trade
##### 100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of work in progress at discontinuance of profession or vocation
##### 101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 100 and 101
##### 102
- (1) Any question arising under section 100(1)(a) or 101(1)(a) shall be determined, for the purpose of computing for any tax purpose the profits of both the trades or, as the case may be, the professions concerned, in like manner as an appeal.
- (2) Where, by virtue of section . . . 337(1), a trade or profession is treated as having been permanently discontinued for the purpose of computing corporation tax, it shall also be so treated for the purposes of sections 100 and 101. . . .
### Case VI charges on receipts
#### Receipts after discontinuance: earnings basis charge and related charge affecting conventional basis
##### 103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conventional basis: general charge on receipts after discontinuance or change of basis
##### 104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowable deductions
##### 105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of charges where rights to payments transferred
##### 106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Reliefs
#### Treatment of receipts as earned income
##### 107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Election for carry-back
##### 108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge under section 104: relief for individuals born before 6th April 1917
##### 109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplemental
#### Interpretation etc
##### 110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VII — PARTNERSHIPS AND SUCCESSIONS
### General
#### Partnership assessments to income tax
##### 111
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Partnerships controlled abroad
##### 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect, for income tax, of change in ownership of trade, profession or vocation
##### 113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Partnerships involving companies
#### Special rules for computing profits and losses
##### 114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 114
##### 115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Arrangements for transferring relief
##### 116
- (1) The provisions of subsection (2) below shall apply in relation to a company (“the partner company”) which is a member of a partnership carrying on a trade if arrangements are in existence (whether as part of the terms of the partnership or otherwise) whereby—
- (a) in respect of the whole or any part of the value of, or of any portion of, the partner company’s share in the profits or loss of any accounting period of the partnership, another member of the partnership or any person connected with another member of the partnership receives any payment or acquires or enjoys, directly or indirectly, any other benefit in money’s worth; or
- (b) in respect of the whole or any part of the cost of, or of any portion of, the partner company’s share in the loss of any accounting period of the partnership, the partner company or any person connected with that company receives any payment or acquires or enjoys, directly or indirectly, any other benefit in money’s worth, other than a payment in respect of group relief to the partner company by a company which is a member of the same group as the partner company for the purposes of group relief.
- (2) In any case where the provisions of this subsection apply in relation to the partner company—
- (a) the company’s share in the loss of the relevant accounting period of the partnership and its share in any charges on income, within the meaning of section 338, paid by the partnership in that accounting period shall not be available for set-off for the purposes of corporation tax except against its share in the profits of the trade carried on by the partnership; and
- (b) except in accordance with paragraph (a) above, no trading losses shall be available for set-off for the purposes of corporation tax against the company’s share in the profits of the relevant accounting period of the partnership; and
- (c) except in accordance with paragraphs (a) and (b) above, no amount which, apart from this subsection, would be available for relief against profits shall be available for set-off for the purposes of corporation tax against so much of the company’s total profits as consists of its share in the profits of the relevant accounting period of the partnership; and
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In subsection (2) above “*relevant accounting period of the partnership*” means any accounting period of the partnership in which any such arrangements as are specified in subsection (1) above are in existence or to which any such arrangements apply.
- (4) If a company is a member of a partnership and corporation tax in respect of any profits of the partnership is chargeable under or by virtue of any provision to which section 834A (miscellaneous charges) applies, this section shall apply in relation to the company’s share in the profits or loss of the partnership as if—
- (a) the profits or loss to which the company’s share is attributable were the profits of, or the loss incurred in, a trade carried on by the partnership; and
- (b) any allowance to be given effect under Part 2 of the Capital Allowances Act in respect of a special leasing of plant or machinery were an allowance to be given effect in calculating the profits of that trade.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In this section “*arrangements*” means arrangements of any kind whether in writing or not.
- (7) Section 839 shall apply for the purposes of this section.
### Limited partners
#### Restriction on relief: individuals
##### 117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction on relief: companies
##### 118
- (1) An amount which may be given . . . under section 338, 393A(1) or 403 below . . . —
- (a) in respect of a loss incurred by a company in a trade, or of charges paid by a company in connection with the carrying on of a trade, in a relevant accounting period; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may be given . . . to that company (“the partner company”) otherwise than against profits arising from the trade, or to another company, only to the extent that the amount given . . . or (as the case may be) the aggregate amount does not exceed the relevant sum.
- (2) In this section—
- “*limited partner*” means—a company which is carrying on a trade as a limited partner in a limited partnership registered under the Limited Partnerships Act 1907;a company which—is carrying on a trade as a general partner in a partnership;is not entitled to take part in the management of the trade; andis entitled to have its liabilities, or its liabilities beyond a certain limit, for debts or obligations incurred for the purposes of the trade discharged or reimbursed by some other person; ora company which carries on a trade jointly with others and which, under the law of any territory outside the United Kingdom—is not entitled to take part in the management of the trade; andis not liable beyond a certain limit for debts or obligations incurred for the purposes of the trade;
- “*relevant accounting period*” means an accounting period of the partner company at any time during which it carried on the trade as a limited partner . . . ;
- “*the aggregate amount*” means the aggregate of any amounts given . . . to the partner company or another company at any time under section 338, 393A(1) or 403 below . . . —in respect of a loss incurred by the partner company in the trade, or of charges paid by it in connection with carrying it on, in any relevant accounting period; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*the relevant sum*” means the amount of the partner company’s contribution . . . to the trade as at the appropriate time; and
- “*the appropriate time*” is the end of the relevant accounting period in which the loss is incurred or the charges paid or for which the allowance falls to be made (except that where the partner company ceased to carry on the trade during that accounting period it is the time when it so ceased).
- (3) A partner company's contribution to a trade at any time is the aggregate of—
- (a) the amount which the partner company has contributed to the trade as capital and has not, directly or indirectly, drawn out or received back (other than anything which it is or may be entitled so to draw out or receive back at any time when it carries on the trade as a limited partner or which it is or may be entitled to require another person to reimburse to it), and
- (b) the amount of any profits of the trade to which the partner company is entitled but which it has not received in money or money's worth.
### CHAPTER VIII — MISCELLANEOUS AND SUPPLEMENTAL
#### Rent etc. payable in connection with mines, quarries and similar concerns
##### 119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Rent etc. payable in respect of electric line wayleaves
##### 120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Management expenses of owner of mineral rights
##### 121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief in respect of mineral royalties
##### 122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign dividends
##### 123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on quoted Eurobonds
##### 124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual payments for non-taxable consideration
##### 125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treasury securities issued at a discount
##### 126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Enterprise allowance
##### 127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commodity and financial futures etc.: losses and gains
##### 128
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Stock lending
##### 129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “investment company” for purposes of Part IV
##### 130
In this Part of this Act —
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*investment company*”, means any company whose business consists wholly or mainly in the making of investments and the principal part of whose income is derived therefrom, but includes any savings bank or other bank for savings except any which, for the purposes of the Trustee Savings Bank Act 1985, is a successor or a further successor to a trustee savings bank.
## PART V — PROVISIONS RELATING TO THE SCHEDULE E CHARGE
### CHAPTER I — SUPPLEMENTARY CHARGING PROVISIONS OF GENERAL APPLICATION
### Miscellaneous provisions
#### Chargeable emoluments
##### 131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Place of performance, and meaning of emoluments received in the U.K
##### 132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Voluntary pensions
##### 133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Workers supplied by agencies
##### 134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Shareholdings, loans etc.
#### Gains by directors and employees from share options
##### 135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 135
##### 136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payment of tax under section 135 by instalments
##### 137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Share acquisitions by directors and employees
##### 138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 138
##### 139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further interpretation of sections 135 to 139
##### 140
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Vouchers etc.
#### Non-cash vouchers
##### 141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Credit-tokens
##### 142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cash vouchers taxable under P.A.Y.E
##### 143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions
##### 144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Living accommodation
#### Living accommodation provided for employee
##### 145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional charge in respect of certain living accommodation
##### 146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Occupation of Chevening House
##### 147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Payments on retirement, sick pay etc.
#### Payments on retirement or removal from office or employment
##### 148
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sick pay
##### 149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Job release scheme allowances, maternity pay and statutory sick pay
##### 150
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Income support etc
##### 151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notification of amount taxable under section 151
##### 152
- (1) A benefit officer may by notice notify a person who is taxable in respect of any unemployment benefit , Jobseeker’s allowance or income support of the amount on which he is taxable and any such notification shall state the date on which it is issued and shall inform the person to whom it is given that he may object to the notification by notice given within 60 days after the date of issue of the notification.
- (2) Where—
- (a) no objection is made to a notification of an amount under subsection (1) above within the period specified in that subsection (or such further period as may be allowed by virtue of subsection (5) below); or
- (b) an objection is made but is withdrawn by the objector by notice,
that amount shall not be questioned in any appeal against any assessment in respect of income including that amount.
- (3) Where—
- (a) an objection is made to a notification of an amount under subsection (1) above within the period specified in that subsection (or such further period as may be allowed by virtue of subsection (5) below), and
- (b) the benefit officer and the objector come to an agreement that the amount notified should be varied in a particular manner, and
- (c) the officer confirms the agreement to vary in writing,
then, subject to subsection (4) below, that amount as so varied shall not be questioned in any appeal against any assessment in respect of income including that amount.
- (4) Subsection (3) above shall not apply if, within 60 days from the date when the agreement was come to, the objector gives notice to the benefit officer that he wishes to repudiate or resile from the agreement.
- (5) An objection to a notification may be made later than 60 days after the date of the issue of the notification if, on an application for the purpose—
- (a) a benefit officer is satisfied that there was a reasonable excuse for not objecting within that time, and
- (b) the objection was made thereafter without unreasonable delay, and
- (c) the officer gives consent in writing;
and if the officer is not so satisfied he shall refer the application for determination by the tribunal.
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Where a benefit officer has notified an amount to a person under subsection (1) above, he may by another notice notify the person of an alteration in the amount previously notified and, if he does so, the original notification shall be cancelled and this section shall apply to such a subsequent notification as it applies to the original notification.
- (7) In this section “*benefit officer*” means the appropriate officer, in Great Britain, of the Department for Work and Pensions, or, in Northern Ireland, of the Department of Health and Social Services.
### CHAPTER II — EMPLOYEES EARNING £8,500 OR MORE AND DIRECTORS
### Expenses
#### Payments in respect of expenses
##### 153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Benefits in kind
#### General charging provision
##### 154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from the general charge
##### 155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cash equivalents of benefits charged under section 154
##### 156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cars available for private use
##### 157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Car fuel
##### 158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pooled cars
##### 159
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Beneficial loan arrangements
##### 160
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from section 160
##### 161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employee shareholdings
##### 162
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses connected with living accommodation
##### 163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Director’s tax paid by employer
##### 164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scholarships
##### 165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### General supplementary provisions
#### Notice of nil liability under this Chapter
##### 166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “director’s or higher-paid employment”
##### 167
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other interpretative provisions
##### 168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — PROFIT-RELATED PAY
### Preliminary
#### Interpretation
##### 169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of profit-related pay
##### 170
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The relief
#### Relief from tax
##### 171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from tax
##### 172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Registration
#### Persons who may apply for registration
##### 173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Excluded employments
##### 174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Applications for registration
##### 175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Registration
##### 176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change of scheme employer
##### 177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cancellation of registration
##### 178
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Administration
#### Recovery of tax from scheme employer
##### 179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual returns etc
##### 180
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other information
##### 181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals
##### 182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary
#### Partnerships
##### 183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Independent accountants
##### 184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — OTHER EXEMPTIONS AND RELIEFS
### Share option and profit sharing schemes
#### Approved share option schemes
##### 185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Approved profit sharing schemes
##### 186
- (1) The provisions of this section apply where, after 5th April 1979 and before 1st January 2003, the trustees of an approved profit sharing scheme appropriate shares—
- (a) which have previously been acquired by the trustees, and
- (b) as to which the conditions in Part II of Schedule 9 are fulfilled,
to an individual who participates in the scheme (“the participant”).
- (2) Notwithstanding that, by virtue of such an appropriation of shares as is mentioned in subsection (1) above, the beneficial interest in the shares passes to the participant to whom they are appropriated—
- (a) the value of the shares at the time of the appropriation shall be treated as not being income of his chargeable to tax under Schedule E; and
- (b) he shall not be chargeable to income tax under that Schedule by virtue of section 78 or 79 of the Finance Act 1988 in respect of the shares or by virtue of section 162 in any case where the shares are appropriated to him at an undervalue within the meaning of that section.
- (3) Subject to the provisions of this section and paragraph 4 of Schedule 10, if, in respect of or by reference to any of a participant’s shares, the trustees become or the participant becomes entitled, before the release date, to receive any money or money’s worth (“a capital receipt”), . . . the appropriate percentage (determined as at the time the trustees become or the participant becomes so entitled) of so much of the amount or value of the receipt as exceeds the appropriate allowance for that year, as determined under subsection (12) below counts as employment income of the participant for the year of assessment in which the entitlement arises.
- (4) If the trustees dispose of any of a participant’s shares at any time before the release date or, if it is earlier, the date of the participant’s death, then, subject to subsections (6) and (7) below, . . . the appropriate percentage of the locked-in value of the shares at the time of the disposal counts as employment income of the participant for the year of assessment in which the disposal takes place.
- (5) Subject to paragraphs 5 and 6(6) of Schedule 10, the locked-in value of a participant’s shares at any time is—
- (a) if prior to that time he has become entitled to a capital receipt (within the meaning of subsection (3) above) which is referable to those shares and—
- (i) an amount calculated by reference to that capital receipt counts as his employment income by virtue of subsection (3) above, or
- (ii) if the entitlement to the capital receipt arose before 6th April 2003, he was chargeable to income tax by virtue of that subsection (as it had effect before that date) in respect of that capital receipt,
the amount by which their initial market value exceeds the amount or value of that capital receipt or, if there has been more than one such receipt, the aggregate of them; and
- (b) in any other case, their initial market value.
- (6) Subject to subsection (7) below, if, on a disposal of shares falling within subsection (4) above, the proceeds of the disposal are less than the locked-in value of the shares at the time of the disposal, subsection (4) above shall have effect as if that locked-in value were reduced to an amount equal to the proceeds of the disposal.
- (7) If, at any time prior to the disposal of any of a participant’s shares, a payment was made to the trustees to enable them to exercise rights arising under a rights issue, then, subject to subsection (8) below, subsections (4) and (6) above shall have effect as if the proceeds of the disposal were reduced by an amount equal to that proportion of that payment or, if there was more than one, of the aggregate of those payments which, immediately before the disposal, the market value of the shares disposed of bore to the market value of all the participant’s shares held by the trustees at that time.
- (8) For the purposes of subsection (7) above—
- (a) no account shall be taken of any payment to the trustees if or to the extent that it consists of the proceeds of a disposal of rights arising under a rights issue; and
- (b) in relation to a particular disposal the amount of the payment or, as the case may be, of the aggregate of the payments referred to in that subsection shall be taken to be reduced by an amount equal to the total of the reduction (if any) previously made under that subsection in relation to earlier disposals;
and any reference in subsection (7) or paragraph (a) above to the rights arising under a rights issue is a reference to rights conferred in respect of a participant’s shares, being rights to be allotted, on payment, other shares or securities or rights of any description in the same company.
- (9) If at any time the participant’s beneficial interest in any of his shares is disposed of, the shares in question shall be treated for the purposes of the relevant provisions as having been disposed of at that time by the trustees for (subject to subsection (10) below) the like consideration as was obtained for the disposal of the beneficial interest; and for the purposes of this subsection there is no disposal of the participant’s beneficial interest if and at the time when—
- (a) in England and Wales or Northern Ireland, that interest becomes vested in any person on the insolvency of the participant or otherwise by operation of law, or
- (b) in Scotland, that interest becomes vested in a judicial factor, in a trustee on the participant’s sequestrated estate or in a trustee for the benefit of the participant’s creditors.
- (10) If—
- (a) a disposal of shares falling within subsection (4) above is a transfer to which paragraph 2(2)(c) of Schedule 9 applies, or
- (b) any other disposal falling within that subsection is not at arm’s length,
- (c) a disposal of shares falling within that subsection is one which is treated as taking place by virtue of subsection (9) above and takes place within the period of retention,
then for the purposes of the relevant provisions the proceeds of the disposal shall be taken to be equal to the market value of the shares at the time of the disposal.
- (11) Where the trustees of an approved scheme acquire any shares as to which the requirements of Part II of Schedule 9 are fulfilled and, within the period of 18 months beginning with the date of their acquisition, those shares are appropriated in accordance with the scheme, section 686 shall not apply to income consisting of dividends on those shares received by the trustees; and, for the purpose of determining whether any shares are appropriated within that period, shares which were acquired at an earlier time shall be taken to be appropriated before shares of the same class which were acquired at a later time.
- (12) For the purposes of subsection (3) above, “*the appropriate allowance*”, in relation to any year of assessment, means a sum which, subject to a maximum of £60, is the product of multiplying £20 by 1 plus the number of years which fall within the period of three years immediately preceding the year in question and in which shares were appropriated to the participant under the scheme; and if in any year (and before the release date) the trustees become or the participant becomes entitled, in respect of or by reference to any of his shares, to more than one capital receipt, the receipts shall be set against the appropriate allowance for that year in the order in which they are received.
- (13) Schedule 10 shall have effect with respect to profit sharing schemes.
#### Interpretation of sections 185 and 186 and Schedules 9 and 10
##### 187
- (1) In sections 185 and 186, this section and Schedules 9 and 10 “*the relevant provisions*” means those sections (including this section) and Schedules.
- (2) For the purposes of the relevant provisions, except where the context otherwise requires—
- “*appropriate percentage*” shall be construed in accordance with paragraph 3 of Schedule 10;
- “*approved*”, in relation to a scheme, means approved under Schedule 9;
- “*associated company*” has the same meaning as in section 416, except that, for the purposes of paragraph 23 of Schedule 9, subsection (1) of that section shall have effect with the omission of the words “ or at any time within one year previously ”;
- “*bonus date*” has the meaning given by paragraph 17 of Schedule 9;
- “*capital receipt*” means money or money’s worth to which the trustees of or a participant in a profit sharing scheme become or becomes entitled as mentioned in section 186(3), but subject to paragraph 4 of Schedule 10;
- “*certified contractual savings scheme*” has the meaning given by section 326;
- “*control*” has the same meaning as in section 840;
- “*grantor*”, in relation to any scheme, means the company which has established the scheme;
- “*group scheme*” and, in relation to such a scheme, “*participating company*” have the meanings given by paragraph 1(3) and (4) of Schedule 9;
- “*initial market value*”, in relation to shares in a profit sharing scheme, has the meaning given by paragraph 30(4) of Schedule 9;
- “*locked-in value*”, in relation to any shares, shall be construed in accordance with section 186(5);
- “*market value*” has the same meaning as in Part VIII of the 1992 Act;
- “*new holding*” has the meaning given by section 126(1)(b) of the 1992 Act;
- “*participant*”, in relation to a profit sharing scheme, means an individual to whom the trustees of the scheme have appropriated shares;
- “*participant’s shares*”, in relation to a participant in a profit sharing scheme, means, subject to paragraph 5(4) of Schedule 10, shares which have been appropriated to the participant by the trustees;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*period of retention*” has the meaning given by paragraph 2 of Schedule 10;
- “*release date*”, in relation to any of the shares of a participant in a profit sharing scheme, means the third anniversary of the date on which they were appropriated to him;
- “*relevant amount*”, in relation to a participant in a profit sharing scheme, means an amount which is not less than £3,000 and not more than £8,000 but which, subject to that, is 10 per cent. of his salary (determined under subsection (5) below) for the year of assessment in question or the preceding year of assessment, whichever is the greater;
- “*relevant requirements*” has the meaning given by paragraph 1 of Schedule 9;
- “*savings-related share option scheme*” has the meaning given by paragraph 1 of Schedule 9;
- “*scheme*” means a savings-related share option scheme, a share option scheme which is not a savings-related share option scheme or a profit sharing scheme, as the context may require;
- “*shares*” includes stock;
- “*specified age*”, in relation to a scheme, means the age specified in pursuance of paragraph 8A of Schedule 9 as the specified age for the purposes of the scheme;
- “*the trustees*”, in relation to an approved profit sharing scheme or the shares of a participant in such a scheme, means the body of persons for the establishment of which the scheme must provide as mentioned in paragraph 30 of Schedule 9; and
- “*just instrument*”, in relation to an approved profit sharing scheme, means the instrument referred to in paragraph 30(1)(c) of Schedule 9.
- (3) For the purposes of the application of the relevant provisions in relation to any share option scheme or profit sharing scheme, a person has a material interest in a company if he, either on his own or with one or more associates, or if any associate of his with or without such other associates,—
- (a) is the beneficial owner of, or able, directly or through the medium of other companies, or by any other indirect means to control, more than 25 per cent., or in the case of a share option scheme which is not a savings-related share option scheme more than 10 per cent., of the ordinary share capital of the company, or
- (b) where the company is a close company, possesses, or is entitled to acquire, such rights as would, in the event of the winding-up of the company or in any other circumstances, give an entitlement to receive more than 25 per cent., or in the case of a share option scheme which is not a savings-related share option scheme more than 10 per cent., of the assets which would then be available for distribution among the participators.
- In this subsection “*associate*” has the meaning given by section 417(3) and (4) and “*participator*” has the meaning given by section 417(1).
- (4) Subsection (3) above shall have effect subject to the provisions of Part VI of Schedule 9.
- (5) For the purposes of subsection (2) above, a participant’s salary for a year of assessment means such of the emoluments of the office or employment by virtue of which he is entitled to participate in a profit sharing scheme as are liable to be paid in that year under deduction of tax pursuant to section 203 after deducting therefrom amounts included by virtue of Chapter II of this Part.
- (6) Section 839 shall apply for the purposes of the relevant provisions.
- (7) For the purposes of the relevant provisions a company is a member of a consortium owning another company if it is one of a number of companies which between them beneficially own not less than three-quarters of the other company’s ordinary share capital and each of which beneficially owns not less than one-twentieth of that capital.
- (8) Where the disposal referred to in section 186(4) is made from a holding of shares which were appropriated to the participant at different times, then, in determining for the purposes of the relevant provisions—
- (a) the initial market value and the locked-in value of each of those shares, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) Any of the relevant provisions with respect to—
- (a) the order in which any of a participant’s shares are to be treated as disposed of for the purposes of those provisions, or
- (b) the shares in relation to which an event is to be treated as occurring for any such purpose,
shall have effect in relation to a profit sharing scheme notwithstanding any direction given to the trustees with respect to shares of a particular description or to shares appropriated to the participant at a particular time.
- (10) In the relevant provisions “*workers’ cooperative*” means a registered industrial and provident society , as defined in section 834(1), which is a cooperative society and the rules of which include provisions which secure—
- (a) that the only persons who may be members of it are those who are employed by, or by a subsidiary of, the society and those who are the trustees of its profit sharing scheme; and
- (b) that, subject to any provision about qualifications for membership which is from time to time made by the members of the society by reference to age, length of service or other factors of any description, all such persons may be members of the society;
and in this subsection “*cooperative society*” has the same meaning as in section 1 of the Industrial and Provident Societies Act 1965 or, as the case may be, the Industrial and Provident Societies Act (Northern Ireland) 1969.
### Retirement benefits etc.
#### Exemptions from section 148
##### 188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lump sum benefits on retirement
##### 189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments to Members of Parliament, Representatives to the European Parliament and others
##### 190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Job release scheme allowances not to be treated as income
##### 191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Foreign emoluments and earnings, pensions and certain travel facilities
#### Relief from tax for foreign emoluments
##### 192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign earnings and travel expenses
##### 193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other foreign travel expenses
##### 194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Travel expenses of employees not domiciled in the United Kingdom
##### 195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign pensions
##### 196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leave travel facilities for the armed forces
##### 197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Other expenses, subscriptions etc.
#### Relief for necessary expenses
##### 198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses necessarily incurred and defrayed from official emoluments
##### 199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses of Members of Parliament
##### 200
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fees and subscriptions to professional bodies, learned societies etc
##### 201
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Donations to charity: payroll deduction scheme
##### 202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — ASSESSMENT, COLLECTION, RECOVERY AND APPEALS
#### Pay as you earn
##### 203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### P.A.Y.E repayments
##### 204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Assessments unnecessary in certain circumstances
##### 205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional provision for certain assessments
##### 206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disputes as to domicile or ordinary residence
##### 207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART VI — COMPANY DISTRIBUTIONS, TAX CREDITS ETC
### CHAPTER I — TAXATION OF COMPANY DISTRIBUTIONS
#### U.K. company distributions not generally chargeable to corporation tax
##### 208
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — MATTERS WHICH ARE DISTRIBUTIONS FOR THE PURPOSES OF THE CORPORATION TAX ACTS
#### Meaning of “distribution”
##### 209
- (1) The following provisions of this Chapter, together with section 418, shall, subject to any express exceptions, have effect with respect to the meaning of “distribution” and for determining the persons to whom certain distributions are to be treated as made, but references in the Corporation Tax Acts to distributions of a company shall not apply to distributions made in respect of share capital in a winding up.
- (1A) If a company making a distribution as part of a merger to which section 140E or section 140F of the 1992 Act (cross-border mergers) applies ceases to exist in the course of the merger (without being wound up), the distribution shall be treated for the purposes of subsection (1) as a distribution in respect of share capital in a winding up.
- (2) In the Corporation Tax Acts “*distribution*”, in relation to any company, means—
- (a) any dividend paid by the company, including a capital dividend;
- (b) subject to subsections (5) and (6) below, any other distribution out of assets of the company (whether in cash or otherwise) in respect of shares in the company, except so much of the distribution, if any, as represents repayment of capital on the shares or is, when it is made, equal in amount or value to any new consideration received by the company for the distribution;
- (c) subject to section 230, any redeemable share capital or any security issued by the company in respect of shares in or securities of the company otherwise than wholly for new consideration, or such part of any redeemable share capital or any security so issued as is not properly referable to new consideration;
- (d) any interest or other distribution out of assets of the company in respect of securities of the company, where they are securities under which the consideration given by the company for the use of the principal thereby secured represents more than a reasonable commercial return for the use of that principal, except so much, if any, of any such distribution as represents that principal and so much as represents a reasonable commercial return for the use of that principal;
- (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) subject to subsection (6A), any interest or other distribution out of assets of the company in respect of securities of the company (except so much, if any, of any such distribution as represents the principal thereby secured and except so much of any distribution as falls within paragraph (d) . . . above), where the securities are—
- (i) securities issued as mentioned in paragraph (c) above, but excluding securities issued before 6th April 1965 in respect of shares and securities issued before 6th April 1972 in respect of securities; or
- (ii) securities convertible directly or indirectly into shares in the company or securities issued after 5th April 1972 and carrying any right to receive shares in or securities of the company, not being (in either case) securities listed on a recognised stock exchange nor issued on terms which are reasonably comparable with the terms of issue of securities so listed; or
- (iii) securities under which the consideration given by the company for the use of the principal secured is to any extent dependent on the results of the company’s business or any part of it; or
- (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (vi) securities which are connected with shares in the company, and for this purpose securities are so connected if, in consequence of the nature of the rights attaching to the securities or shares and in particular of any terms or conditions attaching to the right to transfer the shares or securities, it is necessary or advantageous for a person who has, or disposes of or acquires, any of the securities also to have, or to dispose of or to acquire, a proportionate holding of the shares or;
- (vii) equity notes issued by the company (“*the issuing company*”) and held by a company which is associated with the issuing company or is a funded company;
- (f) any such amount as is required to be treated as a distribution by subsection (4) below or section 210.
- (3) Without prejudice to section 254(11), no amount shall be regarded for the purposes of subsection (2)(d) . . . and (e) above as representing the principal secured by a security issued after 5th April 1972 in so far as it exceeds any new consideration which has been received by the company for the issue of the security.
- (3A) Where any security of a company is issued at a premium representing new consideration—
- (a) the references in subsection (2)(d) . . . and (e) above to so much of any distribution as represents, or is an amount representing, the principal secured by a security shall be construed, in relation to a distribution in respect of the security issued at a premium, as references to the aggregate of—
- (i) so much of the distribution as represents, or is an amount representing, that principal, and
- (ii) so much of it as represents, or is an amount representing, the premium;
- (b) the reference in subsection (2)(d) above to so much of any distribution as represents a reasonable commercial return for the use of the principal secured by a security shall be construed, in relation to a distribution in respect of the security issued at a premium, as a reference to the aggregate of—
- (i) so much of the distribution as represents a reasonable commercial return for the use of that principal, and
- (ii) so much of it as (when regard is had to the extent to which distributions represent the premium) represents a reasonable commercial return for the use of the premium.
- (3AA) If, in the case of any security issued by a company, the amount of new consideration received by the company for the issue of the security exceeds the amount of the principal secured by the security—
- (a) the amount of the principal so secured shall be treated for the purposes of paragraph (d) of subsection (2) above as increased to the amount of the new consideration so received; and
- (b) subsection (3A) above, so far as relating to that paragraph, shall not have effect in relation to the security;
but this subsection is subject to sections 209A and 209B.
- (3B) For the purposes of subsection (2)(e)(iii) above the consideration given by the company for the use of the principal secured shall not be treated as being to any extent dependent on the results of the company’s business or any part of it by reason only of the fact that the terms of the security provide—
- (a) for the consideration to be reduced in the event of the results improving, or
- (b) for the consideration to be increased in the event of the results deteriorating.
- (4) Where on a transfer of assets or liabilities by a company to its members or to a company by its members, the amount or value of the benefit received by a member (taken according to its market value) exceeds the amount or value (so taken) of any new consideration given by him, the company shall, subject to subsections (5) and (6) below, be treated as making a distribution to him of an amount equal to the difference.
- (5) Subsection (4) above shall not apply where the company and the member receiving the benefit are both resident in the United Kingdom and either the former is a subsidiary of the latter or both are subsidiaries of a third company also so resident; and any amount which would apart from this subsection be a distribution shall not constitute a distribution by virtue of subsection (2)(b) above.
- (6) No transfer of assets (other than cash) or of liabilities between one company and another shall constitute, or be treated as giving rise to, a distribution by virtue of subsection (2)(b) or (4) above if they are companies—
- (a) both of which are resident in the United Kingdom and neither of which is a 51 per cent. subsidiary of a company not so resident; and
- (b) which, neither at the time of the transfer nor as a result of it, are under common control.
- (6A) Relevant alternative finance return shall not be treated as a distribution for the purposes of the Corporation Tax Acts by virtue of subsection (2)(e)(iii).
In this subsection “*relevant alternative finance return*”—
- (a) for corporation tax purposes means anything that is alternative finance return for the purposes of Part 6 of CTA 2009 as a result of section 513 of that Act or any part of the redemption payment under arrangements to which section 507 of that Act applies (investment bond arrangements), and
- (b) for income tax purposes means anything that is alternative finance return for the purposes of Chapter 5 of Part 2 of the Finance Act 2005 as a result of section 48B(1), 49(2) or 49A(2) of that Act or any part of the redemption payment under arrangements to which section 48A of that Act applies (alternative finance investment bonds).
- (7) The question whether one body corporate is a subsidiary of another for the purpose of subsection (5) above shall be determined as a question whether it is a 51 per cent. subsidiary of that other, except that that other shall be treated as not being the owner—
- (a) of any share capital which it owns directly in a body corporate, if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) of any share capital which it owns indirectly, and which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt; or
- (c) of any share capital which it owns directly or indirectly in a body corporate not resident in the United Kingdom.
- (8) For the purposes of subsection (2)(c) above—
- (a) the value of any redeemable share capital shall be taken to be the amount of the share capital together with any premium payable on redemption, or in a winding up, or in any other circumstances; and
- (b) the value of any security shall be taken to be the amount of the principal thereby secured (including any premium payable at maturity or in a winding up, or in any other circumstances);
and in determining the amount of the distribution constituted by the issue of any redeemable share capital or any security, the capital or security shall be taken at that value.
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) For the purposes of subsection (2)(e)(vii) above a security is an equity note if as regards the whole of the principal or as regards any part of it—
- (a) the security’s terms contain no particular date by which it is to be redeemed,
- (b) under the security’s terms the date for redemption, or the latest date for redemption, falls after the expiry of the permitted period,
- (c) under the security’s terms redemption is to occur after the expiry of the permitted period if a particular event occurs and the event is one which (judged at the time of the security’s issue) is certain or likely to occur, or
- (d) the issuing company can secure that there is no particular date by which the security is to be redeemed or that the date for redemption falls after the expiry of the permitted period;
and the permitted period is the period of 50 years beginning with the date of the security’s issue.
- (10) For the purposes of subsection (2)(e)(vii) above and subsection (11) below a company is associated with the issuing company if—
- (a) the issuing company is a 75 per cent. subsidiary of the other company,
- (b) the other company is a 75 per cent. subsidiary of the issuing company, or
- (c) both are 75 per cent. subsidiaries of a third company.
- (11) For the purposes of subsection (2)(e)(vii) above a company is a funded company if there are arrangements involving the company being put in funds (directly or indirectly) by the issuing company or a company associated with the issuing company.
#### Bonus issue following repayment of share capital
##### 210
- (1) Where a company—
- (a) repays any share capital or has done so at any time after 6th April 1965, and
- (b) at or after the time of that repayment issues any share capital as paid up otherwise than by the receipt of new consideration,
the amount so paid up shall, except as provided by any provision of the Corporation Tax Acts, be treated as a distribution made in respect of the shares on which it is paid up, except in so far as that amount exceeds the amount or aggregate amount of share capital so repaid less any amounts previously so paid up and treated by virtue of this subsection as distributions.
- (2) Subsection (1) above shall not apply where the repaid share capital consists of fully paid preference shares—
- (a) if those shares existed as issued and fully paid preference shares on 6th April 1965 and throughout the period from that date until the repayment those shares continued to be fully paid preference shares, or
- (b) if those shares were issued after 6th April 1965 as fully paid preference shares wholly for new consideration not derived from ordinary shares and throughout the period from their issue until the repayment those shares continued to be fully paid preference shares.
- (3) Except in relation to a company within paragraph D of section 704, subsection (1) above shall not apply if the issue of share capital mentioned in paragraph (b) of that subsection—
- (a) is of share capital other than redeemable share capital; and
- (b) takes place after 5th April 1973 and more than ten years after the repayment of share capital mentioned in paragraph (a) of that subsection.
- (4) In this section—
- “*ordinary shares*” means shares other than preference shares;
- “*preference shares*” means shares—which do not carry any right to dividends other than dividends at a rate per cent. of the nominal value of the shares which is fixed, andwhich carry rights in respect of dividends and capital which are comparable with those general for fixed-dividend shares included in the official UK list; and
- “*new consideration not derived from ordinary shares*” means new consideration other than consideration—consisting of the surrender, transfer or cancellation of ordinary shares of the company or any other company or consisting of the variation of rights in ordinary shares of the company or any other company, orderived from a repayment of share capital paid in respect of ordinary shares of the company or of any other company.
#### Matters to be treated or not to be treated as repayments of share capital
##### 211
- (1) Where—
- (a) a company issues any share capital as paid up otherwise than by the receipt of new consideration, or has done so after 6th April 1965; and
- (b) any amount so paid up does not fall to be treated as a qualifying distribution or, where the issue took place before 6th April 1973, did not fall to be treated as a distribution;
then, except as otherwise provided by any provision of the Corporation Tax Acts, for the purposes of sections 209 and 210, distributions afterwards made by the company in respect of shares representing that share capital shall not be treated as repayments of share capital, except to the extent to which those distributions, together with any relevant distributions previously so made, exceed the amounts so paid up (then or previously) on such shares after 6th April 1965 and not falling to be treated as qualifying distributions or, where the share capital was issued before 6th April 1973, as distributions.
- (2) Except in relation to a company within paragraph D of section 704, subsection (1) above shall not prevent a distribution being treated as a repayment of share capital if it is made—
- (a) more than ten years after the issue of share capital mentioned in paragraph (a) of that subsection; and
- (b) in respect of share capital other than redeemable share capital.
- (3) In subsection (1) above “*relevant distribution*” means so much of any distribution made in respect of shares representing the relevant share capital as apart from that subsection would be treated as a repayment of share capital, but by virtue of that subsection cannot be so treated.
- (4) For the purposes of subsection (1) above all shares of the same class shall be treated as representing the same share capital, and where shares are issued in respect of other shares, or are directly or indirectly converted into or exchanged for other shares, all such shares shall be treated as representing the same share capital.
- (5) Where share capital is issued at a premium representing new consideration, the amount of the premium is to be treated as forming part of that share capital for the purpose of determining under this Chapter whether any distribution made in respect of shares representing the share capital is to be treated as a repayment of share capital.
- (6) Subsection (5) above shall not have effect in relation to any part of the premium after that part has been applied in paying up share capital.
- (7) Subject to subsection (5) above, premiums paid on redemption of share capital are not to be treated as repayments of capital.
### CHAPTER III — MATTERS WHICH ARE NOT DISTRIBUTIONS FOR THE PURPOSES OF THE CORPORATION TAX ACTS
### Payments of interest
#### Interest etc. paid in respect of certain securities
##### 212
- (1) Any interest or other distribution—
- (a) which is paid out of the assets of a company (“the borrower”) to another company which is within the charge to corporation tax; and
- (b) which is so paid in respect of securities of the borrower which fall within . . . any of sub-paragraphs (i) to (iii) and (vi) and (vii) of paragraph (e) of section 209(2); and
- (c) which does not fall within paragraph (d) of section 209(2),
shall not be a distribution for the purposes of the Corporation Tax Acts unless the application of this subsection is excluded by subsection (2) or (3) below.
- (2) Subsection (1) above does not apply in the case of any interest or other distribution which is paid in respect of a security of the borrower falling within section 209(2)(e)(iii) if—
- (a) the principal secured does not exceed £100,000; and
- (b) the borrower is under an obligation to repay the principal and interest before the expiry of the period of five years beginning on the date on which the principal was paid to the borrower; and
- (c) that obligation either was entered into before 9th March 1982 or was entered into before 1st July 1982 pursuant to negotiations which were in progress on 9th March 1982; and
- (d) where the period for repayment of either principal or interest is extended after 8th March 1982 (but paragraph (b) above still applies), the interest or other distribution is paid within the period which was applicable immediately before that date;
and for the purposes of paragraph (c) above negotiations shall not be regarded as having been in progress on 9th March 1982 unless, before that date, the borrower had applied to the lender for a loan and had supplied the lender with any documents required by him to support the application.
- (3) . . . Subsection (1) above does not apply in a case where the company to which the interest or other distribution is paid is entitled under any enactment, other than section 1285 of CTA 2009 (exemption for UK company distributions), to an exemption from tax in respect of that interest or distribution . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Demergers
#### Exempt distributions
##### 213
- (1) The provisions of this section and sections 214 to 218 have effect for facilitating certain transactions whereby trading activities carried on by a single company or group are divided so as to be carried on by two or more companies not belonging to the same group or by two or more independent groups.
- (2) References in the Corporation Tax Acts to distributions of a company shall not apply to any distribution—
- (a) which falls within subsection (3) below, and
- (b) in respect of which the conditions specified in subsections (4) to (12) below are satisfied;
and any such distribution is referred to in this section as an “exempt distribution”.
- (3) The following distributions fall within this subsection—
- (a) a distribution consisting of the transfer to all or any of its members by a company (“the distributing company”) of shares in one or more companies which are its 75 per cent. subsidiaries;
- (b) a distribution consisting of the transfer by a company (“the distributing company”) to one or more other companies (“the transferee company or companies”) of—
- (i) a trade or trades; or
- (ii) shares in one or more companies which are 75 per cent. subsidiaries of the distributing company,
and the issue of shares by the transferee company or companies to all or any of the members of the distributing company;
and in this section and sections 214 to 217 references to a relevant company are to the distributing company, to each subsidiary whose shares are transferred as mentioned in paragraph (a) or (b) (ii) above and to each transferee company mentioned in paragraph (b) above.
- (4) Each relevant company must be resident in the United Kingdom at the time of the distribution.
- (5) The distributing company must at the time of the distribution be either a trading company or a member of a trading group and each subsidiary whose shares are transferred as mentioned in subsection (3)(a) or (b)(ii) above must at that time be either a trading company or the holding company of a trading group.
- (6) In a case within subsection (3)(a) above—
- (a) the shares must not be redeemable, must constitute the whole or substantially the whole of the distributing company’s holding of the ordinary share capital of the subsidiary and must confer the whole or substantially the whole of the distributing company’s voting rights in the subsidiary; and
- (b) subject to subsections (7) and (12)(b) below, the distributing company must after the distribution be either a trading company or the holding company of a trading group.
- (7) Subsection (6)(b) above does not apply if the transfer relates to two or more 75 per cent. subsidiaries of the distributing company and that company is dissolved without there having been after the distribution any net assets of the company available for distribution in a winding up or otherwise.
- (8) In a case within subsection (3)(b) above—
- (a) if a trade is transferred the distributing company must either not retain any interest or retain only a minor interest in that trade;
- (b) if shares in a subsidiary are transferred those shares must constitute the whole or substantially the whole of the distributing company’s holding of the ordinary share capital of the subsidiary and must confer the whole or substantially the whole of the distributing company’s voting rights in the subsidiary;
- (c) the only or main activity of the transferee company or each transferee company after the distribution must be the carrying on of the trade or the holding of the shares transferred to it;
- (d) the shares issued by the transferee company or each transferee company must not be redeemable, must constitute the whole or substantially the whole of its issued ordinary share capital and must confer the whole or substantially the whole of the voting rights in that company; and
- (e) subject to subsections (9) and (12)(b) below, the distributing company must after the distribution be either a trading company or the holding company of a trading group.
- (9) Subsection (8)(e) above does not apply if there are two or more transferee companies each of which has a trade or shares in a separate 75 per cent. subsidiary of the distributing company transferred to it and the distributing company is dissolved without there having been after the distribution any net assets of the company available for distribution in a winding up or otherwise.
- (10) The distribution must be made wholly or mainly for the purpose of benefiting some or all of the trading activities which before the distribution are carried on by a single company or group and after the distribution will be carried on by two or more companies or groups.
- (11) The distribution must not form part of a scheme or arrangements the main purpose or one of the main purposes of which is—
- (a) the avoidance of tax (including stamp duty or stamp duty land tax); or
- (b) without prejudice to paragraph (a) above, the making of a chargeable payment, as defined by section 214, or what would be such a payment if any of the companies mentioned in that section were an unquoted company; or
- (c) the acquisition by any person or persons other than members of the distributing company of control of that company, of any other relevant company or of any company which belongs to the same group as any such company; or
- (d) the cessation of a trade or its sale after the distribution.
- In paragraph (c) above “*group*” means a company which has one or more 51 per cent. subsidiaries together with that or those subsidiaries.
- (12) Where the distributing company is a 75 per cent. subsidiary of another company—
- (a) the group (or, if more than one, the largest group) to which the distributing company belongs at the time of the distribution must be a trading group;
- (b) subsections (6)(b) and (8)(e) above shall not apply; and
- (c) the distribution must be followed by one or more other distributions falling within subsection (3)(a) or (b)(ii) above which satisfy the conditions of this section and result in members of the holding company of the group (or, if more than one, the largest group) to which the distributing company belonged at the time of the distribution becoming members of—
- (i) the transferee company or each transferee company to which a trade was transferred by the distributing company; or
- (ii) the subsidiary or each subsidiary whose shares were transferred by the distributing company; or
- (iii) a company (other than that holding company) of which the company or companies mentioned in sub-paragraph (i) or (ii) above are 75 per cent. subsidiaries.
#### Chargeable payments connected with exempt distributions
##### 214
- (1) If within five years after the making of an exempt distribution there is a chargeable payment—
- (a) the amount or value of the payment shall be treated as income . . . ;
- (ab) that income shall be chargeable to tax;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the payment shall be regarded as a distribution for the purposes of section 1305(1) of CTA 2009 (denial of deduction for distributions); and
- (d) the payment shall not (if it otherwise would) be treated as a repayment of capital for the purposes of section 210 or 211.
- (1A) Income tax chargeable by virtue of subsection (1) shall be charged on the full amount or value of the payment made in the year of assessment; and the person liable for any tax so charged is the person receiving or entitled to the payment.
- (1B) So far as relating to corporation tax, the charge to tax under subsection (1) has effect as an application of the charge to corporation tax on income.
- (2) In this section “*a chargeable payment*” means any payment made otherwise than for bona fide commercial reasons or forming part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax (including stamp duty or stamp duty land tax), being a payment which—
- (a) a company concerned in an exempt distribution makes directly or indirectly to a member of that company or of any other company concerned in that distribution; and
- (b) is made in connection with, or with any transaction affecting, the shares in that or any such company; and
- (c) is not a distribution or exempt distribution or made to another company which belongs to the same group as the company making the payment.
- (3) Where a company concerned in an exempt distribution is an unquoted company subsection (2)(a) above shall have effect as if any reference to the making of a payment by, or to a member of, a company concerned in the exempt distribution included a reference to the making of a payment by or to any other person in pursuance of a scheme or arrangements made with the unquoted company or, if the unquoted company is—
- (a) under the control of five or fewer persons; and
- (b) not under the control of (and only of) a company which is not itself under the control of five or fewer persons,
with any of the persons mentioned in paragraph (a) above.
- (4) References in this section to a company concerned in an exempt distribution are to any relevant company and to any other company which was connected with any such company for the whole or any part of the period beginning with the exempt distribution and ending with the making of the payment which is in question under this section.
- (5) For the purposes of subsection (4) above and this subsection a company shall be deemed to have been connected in the period referred to in that subsection with each company to which a company connected with it was connected in that period.
- (6) References in this section to a payment include references to a transfer of money’s worth including the assumption of a liability.
#### Advance clearance by Board of distributions and payments
##### 215
- (1) A distribution shall be treated as an exempt distribution in any case in which, before the distribution is made, the Board have, on the application of the distributing company, notified that company that the Board are satisfied that it will be such a distribution.
- (2) A payment shall not be treated as a chargeable payment in any case in which, before the payment is made, the Board have, on the application of the person intending to make it, notified him that they are satisfied that it will be made for bona fide commercial reasons and will not form part of any scheme or arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax (including stamp duty or stamp duty land tax).
- (3) A company which becomes or ceases to be connected with another company may make an application under subsection (2) above as respects any payments that may be made by it at any time after becoming or ceasing to be so connected (whether or not there is any present intention to make any payments); and where a notification is given by the Board on such an application no payment to which the notification relates shall be treated as a chargeable payment by reason only of the company being or having been connected with the other company.
- (4) References in subsections (2) and (3) above to a payment shall be construed as in section 214.
- (5) Any application under this section shall be in writing and shall contain particulars of the relevant transactions and the Board may, within 30 days of the receipt of the application or of any further particulars previously required under this subsection, by notice require the applicant to furnish further particulars for the purposes of enabling the Board to make their decision; and if any such notice is not complied with within 30 days or such longer period as the Board may allow, the Board need not proceed further on the application.
- (6) The Board shall notify their decision to the applicant within 30 days of receiving the application or, if they give a notice under subsection (5) above, within 30 days of the notice being complied with.
- (7) If the Board notify the applicant that they are not satisfied as mentioned in subsection (1) or (2) above or do not notify their decision to the applicant within the time required by subsection (6) above, the applicant may within 30 days of the notification or of that time require the Board to transmit the application, together with any notice given and further particulars furnished under subsection (5) above, to the tribunal; and in that event any notification by the tribunal shall have effect for the purposes of this section as if it were a notification by the Board.
- (8) If any particulars furnished under this section do not fully and accurately disclose all facts and circumstances material for the decision of the Board or the tribunal, any resulting notification that the Board or the tribunal are satisfied as mentioned in subsection (1) or (2) above shall be void.
#### Returns
##### 216
- (1) Where a company makes an exempt distribution it shall within 30 days after the distribution make a return to the inspector giving particulars of the distribution and of the circumstances by reason of which it is exempt.
- (2) Where within five years after the making of an exempt distribution a person makes a chargeable payment which consists of a transfer of money’s worth, he shall within 30 days after the transfer make a return to the inspector giving particulars—
- (a) of the transaction effecting the transfer;
- (b) of the name and address of the recipient or each recipient and the value of what is transferred to him or each of them; and
- (c) if the transfer is accompanied by a chargeable payment consisting of a payment of money, of that payment.
- (3) Subject to subsection (4) below, where within five years after the making of an exempt distribution a person makes a payment or a transfer of money’s worth which would be a chargeable payment but for the fact that it is made for bona fide commercial reasons and does not form part of any such scheme or arrangements as are mentioned in section 214(2), that person shall within 30 days after making the payment or transfer make a return to the inspector giving particulars—
- (a) in the case of a transfer, of the transaction by which it is effected;
- (b) of the name and address of the recipient or each recipient and the amount of the payment made, or the value of what is transferred, to him or each of them; and
- (c) of the circumstances by reason of which the payment or transfer is not a chargeable payment.
- (4) Subsection (3) above does not apply where the payment or transfer is one in relation to which a notification under section 215(3) has effect.
#### Information
##### 217
- (1) Where a distribution falling within section 213(3) has been made and the inspector has reason to believe that it may form part of any such scheme or arrangements as are mentioned in section 213(11), he may by notice require any relevant company or any person controlling any such company to furnish him within such time, not being less than 30 days, as may be specified in the notice with—
- (a) a declaration in writing stating whether or not, according to information which the company or that person has or can reasonably obtain, any such scheme or arrangements exist or have existed;
- (b) such other information as the inspector may reasonably require for the purposes of section 213(11) and the company or that person has or can reasonably obtain.
- (2) If the inspector has reason to believe that a person has not delivered an account or made a return which he is required to deliver or make—
- (a) by virtue of section 216(2) or (3), in respect of any payment or transfer, or
- (b) by virtue of any of sections 949(2), 950(2) and 963(2) of ITA 2007, in respect of a payment to which section 928 of that Act (chargeable payments connected with exempt distributions) applies,
he may by notice require that person to furnish him within such time, not being less than 30 days, as may be specified in the notice with such information relating to the payment or transfer as he may reasonably require for the purposes of section 214 of this Act or section 928 of ITA 2007 or Chapter 15 (collection: deposit-takers, building societies and certain companies) or Chapter 16 (collection: certain payments by other persons) of Part 15 of that Act.
- (3) If the inspector has reason to believe that a payment or transfer has been made within five years after the making of an exempt distribution and that the payment or transfer is a chargeable payment by reason of the existence of any such scheme or arrangements as are mentioned in section 214(3), he may by notice require the person making the payment or transfer or, if that person is a company, any person controlling it to furnish him within such time, not being less than 30 days, as may be specified in the notice with—
- (a) a declaration in writing stating whether or not, according to information which that person has, or can reasonably obtain, any such scheme or arrangements exist or have existed;
- (b) such other information as the inspector may reasonably require for the purposes mentioned in subsection (2) and that person has or can reasonably obtain.
- (4) Any recipient of a chargeable payment and any person on whose behalf such a payment is received shall, if so required by the inspector, state whether the payment received by him or on his behalf is received on behalf of any person other than himself and, if so, the name and address of that person.
#### Interpretation of sections 213 to 217
##### 218
- (1) In sections 213 to 217—
- “*chargeable payment*” has the meaning given by section 214(2);
- “*control*” shall be construed in accordance with section 416(2) to (6);
- “*distributing company*” means a company to which section 213(3)(b) or 213A(1)(a) applies;
- “*exempt distribution*” means a distribution falling within section 213(2) or 213A;
- “*group*”, except in section 213(11)(c), means a company which has one or more 75 per cent. subsidiaries together with that or those subsidiaries;
- “*holding company*” means a company whose business (disregarding any trade carried on by it) consists wholly or mainly of the holding of shares or securities of one or more companies which are its 75 per cent. subsidiaries;
- “member”, where the reference is to a member of a company, does not, except in section 214(2)(a), include a person who is a member otherwise than by virtue of holding shares forming part of the company’s ordinary share capital;
- “*relevant company*” means a company falling within section 213(3) or 213A(3);
- “*shares*” includes stock;
- “*trade*”, except in subsection (3) below, does not include dealing in shares, securities, land, trades or commodity futures and “*trading activities*” shall be construed accordingly;
- “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
- “*trading group*” means a group the business of whose members, taken together, consists wholly or mainly in the carrying on of a trade or trades; and
- “*unquoted company*” means a company which does not satisfy the condition that its shares or some class thereof (disregarding debenture or loan stock, preferred shares or preferred stock) are listed in the Official List of the Stock Exchange and are dealt in on the Stock Exchange regularly or from time to time, so however that this definition does not apply to a company under the control of (and only of) one or more companies to which this definition does not apply.
- (2) In determining for the purposes of section 213(3) to (9) whether a company whose shares are transferred by the distributing company is a 75 per cent. subsidiary of the distributing company there shall be disregarded any share capital of the first-mentioned company which is owned indirectly by the distributing company.
- (3) In determining for the purposes of sections 213 to 217 whether one company is a 75 per cent. subsidiary of another, the other company shall be treated as not being the owner of—
- (a) any share capital which it owns directly in a body corporate if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) any share capital which it owns indirectly and which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt.
- (4) Section 839 applies for the purposes of sections 213 to 217.
### Purchase of own shares
#### Purchase by unquoted trading company of own shares
##### 219
- (1) References in the Corporation Tax Acts to distributions of a company shall not include references to a payment made by a company on the redemption, repayment or purchase of its own shares if the company is an unquoted trading company or the unquoted holding company of a trading group and either—
- (a) the redemption, repayment or purchase is made wholly or mainly for the purpose of benefiting a trade carried on by the company or by any of its 75 per cent. subsidiaries, and does not form part of a scheme or arrangement the main purpose or one of the main purposes of which is—
- (i) to enable the owner of the shares to participate in the profits of the company without receiving a dividend, or
- (ii) the avoidance of tax; and
the conditions specified in sections 220 to 224, so far as applicable, are satisfied in relation to the owner of the shares; or
- (b) the whole or substantially the whole of the payment (apart from any sum applied in paying capital gains tax charged on the redemption, repayment or purchase) is applied by the person to whom it is made in discharging a liability of his for inheritance tax charged on a death and is so applied within the period of two years after the death;
and in sections 220 to 224—
- “*the purchase*” means the redemption, repayment or purchase referred to in subsection (1)(a) above; and
- “*the vendor*” means the owner of the shares at the time it is made.
- (2) Where, apart from this subsection, a payment falls within subsection (1)(b) above, subsection (1) above shall not apply to the extent that the liability in question could without undue hardship have been discharged otherwise than through the redemption, repayment or purchase of shares in the company or another unquoted company which is a trading company or the holding company of a trading group.
#### Conditions as to residence and period of ownership
##### 220
- (1) The vendor must be resident and ordinarily resident in the United Kingdom in the year of assessment in which the purchase is made and if the shares are held through a nominee the nominee must also be so resident and ordinarily resident.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The residence and ordinary residence of personal representatives shall be taken for the purposes of this section to be the same as the residence and ordinary residence of the deceased immediately before his death.
- (4) The references in this section to a person’s ordinary residence shall be disregarded in the case of a company.
- (5) The shares must have been owned by the vendor throughout the period of five years ending with the date of the purchase.
- (6) If at any time during that period the shares were transferred to the vendor by a person who was then his spouse or civil partner living with him then, unless that person is alive at the date of the purchase but is no longer the vendor’s spouse or civil partner living with him, any period during which the shares were owned by that person shall be treated for the purposes of subsection (5) above as a period of ownership by the vendor.
- (7) Where the vendor became entitled to the shares under the will or on the intestacy of a previous owner or is the personal representative of a previous owner—
- (a) any period during which the shares were owned by the previous owner or his personal representatives shall be treated for the purposes of subsection (5) above as a period of ownership by the vendor, and
- (b) that subsection shall have effect as if it referred to three years instead of five.
- (8) In determining whether the condition in subsection (5) above is satisfied in a case where the vendor acquired shares of the same class at different times—
- (a) shares acquired earlier shall be taken into account before shares acquired later, and
- (b) any previous disposal by him of shares of that class shall be assumed to be a disposal of shares acquired later rather than of shares acquired earlier.
- (9) If for the purposes of capital gains tax the time when shares were acquired would be determined under any provision of Chapter II of Part IV of the 1992 Act (reorganisation of share capital, conversion of securities, etc.) then, unless the shares were allotted for payment or were comprised in share capital to which section 249 applies, it shall be determined in the same way for the purposes of this section.
#### Reduction of vendor’s interest as shareholder
##### 221
- (1) If immediately after the purchase the vendor owns shares in the company, then, subject to section 224, the vendor’s interest as a shareholder must be substantially reduced.
- (2) If immediately after the purchase any associate of the vendor owns shares in the company then, subject to section 224, the combined interests as shareholders of the vendor and his associates must be substantially reduced.
- (3) The question whether the combined interests as shareholders of the vendor and his associates are substantially reduced shall be determined in the same way as is (under the following subsections) the question whether a vendor’s interest as a shareholder is substantially reduced, except that the vendor shall be assumed to have the interests of his associates as well as his own.
- (4) Subject to subsection (5) below, the vendor’s interest as a shareholder shall be taken to be substantially reduced if and only if the total nominal value of the shares owned by him immediately after the purchase, expressed as a fraction of the issued share capital of the company at that time, does not exceed 75 per cent. of the corresponding fraction immediately before the purchase.
- (5) The vendor’s interest as a shareholder shall not be taken to be substantially reduced where—
- (a) he would, if the company distributed all its profits available for distribution immediately after the purchase, be entitled to a share of those profits, and
- (b) that share, expressed as a fraction of the total of those profits, exceeds 75 per cent. of the corresponding fraction immediately before the purchase.
- (6) In determining for the purposes of subsection (5) above the division of profits among the persons entitled to them, a person entitled to periodic distributions calculated by reference to fixed rates or amounts shall be regarded as entitled to a distribution of the amount or maximum amount to which he would be entitled for a year.
- (7) In subsection (5) above “*profits available for distribution*” has the same meaning as it has for the purposes of Part 23 of the Companies Act 2006, except that for the purposes of that subsection the amount of the profits available for distribution (whether immediately before or immediately after the purchase) shall be treated as increased—
- (a) in the case of every company, by £100, and
- (b) in the case of a company from which any person is entitled to periodic distributions of the kind mentioned in subsection (6) above, by a further amount equal to that required to make the distribution to which he is entitled in accordance with that subsection;
and where the aggregate of the sums payable by the company on the purchase and on any contemporaneous redemption, repayment or purchase of other shares of the company exceeds the amount of the profits available for distribution immediately before the purchase, that amount shall be treated as further increased by an amount equal to the excess.
- (8) References in this section to entitlement are, except in the case of trustees and personal representatives, references to beneficial entitlement.
#### Conditions applicable where purchasing company is member of group
##### 222
- (1) Subject to section 224, where the company making the purchase is immediately before the purchase a member of a group and—
- (a) immediately after the purchase the vendor owns shares in one or more other members of the group (whether or not he then owns shares in the company making the purchase), or
- (b) immediately after the purchase the vendor owns shares in the company making the purchase and immediately before the purchase he owned shares in one or more other members of the group,
the vendor’s interest as a shareholder in the group must be substantially reduced.
- (2) In subsections (5) to (7) below “*relevant company*” means the company making the purchase and any other member of the group in which the vendor owns shares immediately before or immediately after the purchase, but subject to subsection (4) below.
- (3) Subject to section 224, where the company making the purchase is immediately before the purchase a member of a group and at that time an associate of the vendor owns shares in any member of the group, the combined interests as shareholders in the group of the vendor and his associates must be substantially reduced.
- (4) The question whether the combined interests as shareholders in the group of the vendor and his associates are substantially reduced shall be determined in the same way as is (under the following subsections) the question whether a vendor’s interest as a shareholder in a group is substantially reduced, except that the vendor shall be assumed to have the interests of his associates as well as his own (and references in subsections (5) to (7) below to a relevant company shall be construed accordingly).
- (5) The vendor’s interest as a shareholder in the group shall be ascertained by—
- (a) expressing the total nominal value of the shares owned by him in each relevant company as a fraction of the issued share capital of the company,
- (b) adding together the fractions so obtained, and
- (c) dividing the result by the number of relevant companies (including any in which he owns no shares).
- (6) Subject to subsection (7) below, the vendor’s interest as a shareholder in the group shall be taken to be substantially reduced if and only if it does not exceed 75 per cent. of the corresponding interest immediately before the purchase.
- (7) The vendor’s interest as a shareholder in the group shall not be taken to be substantially reduced if—
- (a) he would, if every member of the group distributed all its profits available for distribution immediately after the purchase (including any profits received by it on a distribution by another member), be entitled to a share of the profits of one or more of them, and
- (b) that share, or the aggregate of those shares, expressed as a fraction of the aggregate of the profits available for distribution of every member of the group which is—
- (i) a relevant company, or
- (ii) a 51 per cent. subsidiary of a relevant company,
exceeds 75 per cent. of the corresponding fraction immediately before the purchase.
- (8) Subsections (6) and (7) of section 221 shall apply for the purposes of subsection (7) above as they apply for the purposes of subsection (5) of that section.
- (9) Subject to the following subsections, in this section “*group*” means a company which has one or more 51 per cent. subsidiaries, but is not itself a 51 per cent. subsidiary of any other company, together with those subsidiaries.
- (10) Where the whole or a significant part of the business carried on by an unquoted company (“the successor company”) was previously carried on by—
- (a) the company making the purchase, or
- (b) a company which is (apart from this subsection) a member of a group to which the company making the purchase belongs, the successor company and any company of which it is a 51 per cent. subsidiary shall be treated as being a member of the same group as the company making the purchase (whether or not, apart from this subsection, the company making the purchase is a member of a group).
- (11) Subsection (10) above shall not apply if the successor company first carried on the business there referred to more than three years before the time of the purchase.
- (12) For the purposes of this section a company which has ceased to be a 51 per cent. subsidiary of another company before the time of the purchase shall be treated as continuing to be such a subsidiary if at that time there exist arrangements under which it could again become such a subsidiary.
#### Other conditions
##### 223
- (1) Subject to section 224, the vendor must not immediately after the purchase be connected with the company making the purchase or with any company which is a member of the same group as that company.
- In this subsection “*group*” has the same meaning as it has for the purposes of section 222.
- (2) Subject to section 224, the purchase must not be part of a scheme or arrangement which is designed or likely to result in the vendor or any associate of his having interests in any company such that, if he had those interests immediately after the purchase, any of the conditions in sections 221 and 222 and subsection (1) above could not be satisfied.
- (3) A transaction occurring within one year after the purchase shall be deemed for the purposes of subsection (2) above to be part of a scheme or arrangement of which the purchase is also part.
#### Relaxation of conditions in certain cases
##### 224
Where—
- (a) any of the conditions in sections 221 to 223 which are applicable are not satisfied in relation to the vendor, but
- (b) he proposed or agreed to the purchase in order that the condition in section 221(2) or 222(3) could be satisfied in respect of the redemption, repayment or purchase of shares owned by a person of whom he is an associate,
then, to the extent that that result is produced by virtue of the purchase, section 219(1)(a) shall have effect as if the conditions in sections 221 to 223 were satisfied in relation to the vendor.
#### Advance clearance of payments by Board
##### 225
- (1) A payment made by a company on the redemption, repayment or purchase of its own shares shall be deemed—
- (a) to be one to which section 219 applies if, before it is made, the Board have on the application of the company notified the company that they are satisfied that the section will apply; and
- (b) to be one to which section 219 does not apply if, before it is made, the Board have on the application of the company notified the company that they are satisfied that the section will not apply.
- (2) An application under this section shall be in writing and shall contain particulars of the relevant transactions; and the Board may, within 30 days of the receipt of the application or of any further particulars previously required under this subsection, by notice require the applicant to furnish further particulars for the purpose of enabling the Board to make their decision.
- (3) If a notice under subsection (2) above is not complied with within 30 days or such longer period as the Board may allow, the Board need not proceed further on the application.
- (4) The Board shall notify their decision to the applicant within 30 days of receiving the application or, if they give a notice under subsection (2) above, within 30 days of the notice being complied with.
- (5) If particulars furnished under this section do not fully and accurately disclose all facts and circumstances material for the decision of the Board, any resulting notification by the Board shall be void.
#### Returns and information
##### 226
- (1) A company which treats a payment made by it as one to which section 219 applies shall within 60 days after making the payment make a return to the inspector giving particulars of the payment and of the circumstances by reason of which that section is regarded as applying to it.
- (2) Where a company treats a payment made by it as one to which section 219(1)(a) applies, any person connected with the company who knows of any such scheme or arrangement affecting the payment as is mentioned in section 223(2) shall, within 60 days after he first knows of both the payment and the scheme or arrangement, give a notice to the inspector containing particulars of the scheme or arrangement.
- (3) Where the inspector has reason to believe that a payment treated by the company making it as one to which section 219(1)(a) applies may form part of a scheme or arrangement of the kind referred to therein or in section 223(2), he may by notice require the company or any person who is connected with the company to furnish him within such time, not being less than 60 days, as may be specified in the notice with—
- (a) a declaration in writing stating whether or not, according to information which the company or that person has or can reasonably obtain, any such scheme or arrangement exists or has existed, and
- (b) such other information as the inspector may reasonably require for the purposes of the provision in question and the company or that person has or can reasonably obtain.
- (4) The recipient of a payment treated by the company making it as one to which section 219 applies, and any person on whose behalf such a payment is received, shall if so required by the inspector state whether the payment received by him or on his behalf is received on behalf of any person other than himself and, if so, the name and address of that person.
#### Associated persons
##### 227
- (1) Any question whether a person is an associate of another in relation to a company shall be determined for the purposes of sections 219 to 226 and 228 in accordance with the following provisions of this section.
- (2) A husband and wife living together , or civil partners of each other living together, are associates of one another, a person under the age of 18 is an associate of his parents, and his parents are his associates.
- (3) A person connected with a company is an associate of the company and of any company controlled by it, and the company and any company controlled by it are his associates.
- (4) Where a person connected with one company has control of another company, the second company is an associate of the first.
- (5) Where shares in a company are held by the trustees of a settlement then in relation to that company, but subject to subsection (8) below, the trustees are associates of—
- (a) any person who directly or indirectly provided property to the trustees or has made a reciprocal arrangement for another to do so,
- (b) any person who is, by virtue of subsection (2) above, an associate of a person within paragraph (a) above, and
- (c) any person who is or may become beneficially entitled to a significant interest in the shares;
and any such person is an associate of the trustees.
- (6) Where shares in a company are comprised in the estate of a deceased person, then in relation to that company the deceased’s personal representatives are associates of any person who is or may become beneficially entitled to a significant interest in the shares, and any such person is an associate of the personal representatives.
- (7) Where one person is accustomed to act on the directions of another in relation to the affairs of a company, then in relation to that company the two persons are associates of one another.
- (8) Subsection (5) above shall not apply to shares held on trusts which—
- (a) relate exclusively to a registered pension scheme, or
- (b) are exclusively for the benefit of the employees, or the employees and directors, of the company referred to in that subsection or of companies in a group to which that company belongs, or their dependants (and are not wholly or mainly for the benefit of directors or their relatives);
and for the purposes of this subsection “*group*” means a company which has one or more 51 per cent. subsidiaries, together with those subsidiaries.
- (9) For the purposes of subsections (5) and (6) above a person’s interest is significant if its value exceeds 5 per cent. of the value of all the the settled property or, as the case may be, comprised in the estate concerned, excluding any property in which he is not and cannot become beneficially entitled to an interest.
#### Connected persons
##### 228
- (1) Any question whether a person is connected with a company shall be determined for the purposes of sections 219 to 227 in accordance with the following provisions of this section.
- (2) A person is connected with a company if he directly or indirectly possesses or is entitled to acquire more than 30 per cent. of—
- (a) the issued ordinary share capital of the company, or
- (b) the loan capital and issued share capital of the company, or
- (c) the voting power in the company.
- (3) Where a person—
- (a) acquired or became entitled to acquire loan capital of a company in the ordinary course of a business carried on by him, being a business which includes the lending of money, and
- (b) takes no part in the management or conduct of the company,
his interest in that loan capital shall be disregarded for the purposes of subsection (2) above.
- (4) A person is connected with a company if he directly or indirectly possesses or is entitled to acquire such rights as would, in the event of the winding up of the company or in any other circumstances, entitle him to receive more than 30 per cent. of the assets of the company which would then be available for distribution to equity holders of the company; and for the purposes of this subsection—
- (a) the persons who are equity holders of the company, and
- (b) the percentage of the assets of the company to which a person would be entitled,
shall be determined in accordance with paragraphs 1 and 3 of Schedule 18, taking references in paragraph 3 to the first company as references to an equity holder and references to a winding up as including references to any other circumstances in which assets of the company are available for distribution to its equity holders.
- (5) A person is connected with a company if he has control of it.
- (6) References in this section to the loan capital of a company are references to any debt incurred by the company—
- (a) for any money borrowed or capital assets acquired by the company, or
- (b) for any right to receive income created in favour of the company, or
- (c) for consideration the value of which to the company was (at the time when the debt was incurred) substantially less than the amount of the debt (including any premium thereon).
- (7) For the purposes of this section a person shall be treated as entitled to acquire anything which he is entitled to acquire at a future date or will at a future date be entitled to acquire.
- (8) For the purposes of this section a person shall be assumed to have the rights or powers of his associates as well as his own.
#### Other interpretative provisions
##### 229
- (1) In sections 219 to 228—
- “*control*” has the meaning given by section 840;
- “*holding company*” means a company whose business (disregarding any trade carried on by it) consists wholly or mainly of the holding of shares or securities of one or more companies which are its 75 per cent. subsidiaries;
- “*personal representatives*” means persons responsible for administering the estate of a deceased person;
- “*quoted company*” means a company whose shares (or any class of whose shares) are listed in the official list of a stock exchange;
- “*shares*” includes stock;
- “*trade*” does not include dealing in shares, securities, land or futures and “*trading activities*” shall be construed accordingly;
- “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
- “*trading group*” means a group the business of whose members, taken together, consists wholly or mainly of the carrying on of a trade or trades, and for this purpose “*group*” means a company which has one or more 75 per cent. subsidiaries together with those subsidiaries; and
- “*unquoted company*” means a company which is neither a quoted company nor a 51 per cent. subsidiary of a quoted company.
- (2) References in sections 219 to 228 to the owner of shares are references to the beneficial owner except where the shares are settled property or are comprised in the estate of a deceased person, and in such a case are references to the trustees of the settlement or, as the case may be, to the deceased’s personal representatives.
- (3) References in sections 219 to 228 to a payment made by a company include references to anything else that is, or would but for section 219 be, a distribution.
### Stock dividends
#### Stock dividends: distributions
##### 230
Any share capital to which section 249 applies and which is issued by a company . . . in a case where section 410(2), (3) or (4) of ITTOIA 2005 applies—
- (a) shall, notwithstanding section 209(2)(c), not constitute a distribution within the meaning of section 209(2); and
- (b) for purposes of sections 210 and 211 shall not be treated as issued “as paid up otherwise than by the receipt of new consideration”.
### CHAPTER IV — TAX CREDITS
#### Tax credits for certain recipients of qualifying distributions
##### 231
- (1) Subject to sections 231AA and 231AB of this Actand section 219(4B) of the Finance Act 1994,for corporation tax purposes where a company resident in the United Kingdom makes a qualifying distribution and the person receiving the distribution is another such company . . . , the recipient of the distribution shall be entitled to a tax credit equal to such proportion of the amount or value of the distribution as corresponds to the tax credit fraction in force when the distribution is made.
- (1A) The tax credit fraction is one-ninth.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a distribution mentioned in subsection (1) above is, or falls to be treated as, or under any provision of the Tax Acts is deemed to be, the income of a person other than the recipient, that person shall be treated for the purposes of this section as receiving the distribution (and accordingly the question whether that person is entitled to a tax credit in respect of it shall be determined by reference to where that person, and not the actual recipient, is resident);*and where any such distribution is income of a United Kingdom trust the trustees shall be entitled to a tax credit in respect of it if no other person falls to be treated for the purposes of this section as receiving the distribution*.
- (5) *In subsection* (4)*above “*United Kingdom trust*” means a trust administered under the law of any part of the United Kingdom, not being a trust the general administration of which is ordinarily carried on outside the United Kingdom and the trustees, or a majority of the trustees, of which are resident or ordinarily resident outside the United Kingdom*.
#### Tax credits for non-U.K. residents
##### 232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of certain recipients of distributions and in respect of non-qualifying distributions
##### 233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information relating to distributions
##### 234
- (1) Without prejudice to section 234A. . . , a company which makes a qualifying distribution shall, if the recipient so requests in writing, furnish to him a statement in writing showing the amount or value of the distribution and (whether or not the recipient is a person entitled to a tax credit in respect of the distribution) the amount of the tax credit to which a recipient who is such a person is entitled in respect of that distribution.
- (2) The duty imposed by subsection (1) above shall be enforceable at the suit or instance of the person requesting the information.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Where a company makes a distribution which is not a qualifying distribution it shall make a return to the inspector—
- (a) within 14 days from the end of the accounting period in which the distribution is made; or
- (b) if the distribution is made on a date not falling in an accounting period, within 14 days from that date.
- (6) A return under subsection (5) above shall contain—
- (a) particulars of the transaction giving rise to the distribution; and
- (b) the name and address of the person, or each of the persons, receiving the distribution, and the amount or value of the distribution received by him or by each of them.
- (7) Where it is not in the circumstances apparent whether a transaction gives rise to a distribution in respect of which a return is required to be made under subsection (5) above, the company shall—
- (a) within the time within which such a return would be required to be made if the transaction did give rise to such a distribution, make a return to the inspector containing particulars of the transaction in question; and
- (b) if required by a notice served on the company by the inspector, furnish him within the time specified in the notice with such further information in relation to the transaction as he may reasonably require.
- (8) If it appears to the inspector that particulars of any transaction ought to have been and have not been included in a return under subsection (5) or (7) above, he may by a notice served on the company require the company to furnish him within the time specified in the notice with such information relating thereto as he may reasonably require.
- (9) Any power which the inspector may exercise under paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 for the purposes of the relevant provisions (as defined in paragraph 1 of that Schedule) may be exercised by him for the purposes of subsections (5) to (8) above.
#### Distributions of exempt funds etc
##### 235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 235
##### 236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of reliefs in respect of bonus issues
##### 237
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — ADVANCE CORPORATION TAX AND FRANKED INVESTMENT INCOME
#### Interpretation of terms and collection of ACT
##### 238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of ACT against liability to corporation tax
##### 239
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of company’s surplus ACT against subsidiary’s liability to corporation tax
##### 240
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Calculation of ACT where company receives franked investment income
##### 241
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of losses etc. against surplus of franked investment income
##### 242
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of loss brought forward, or terminal loss
##### 243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further provisions relating to claims under section 242 or 243
##### 244
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Calculation etc. of ACT on change of ownership of company
##### 245
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge of ACT at previous rate until new rate fixed, and changes of rate
##### 246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — MISCELLANEOUS AND SUPPLEMENTAL
### Group income
#### Dividends etc. paid by one member of a group to another
##### 247
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 247
##### 248
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Stock dividends
#### Stock dividends treated as income
##### 249
- (1) Subject to subsections (8) and (9) below, this section applies (and accordingly section 230 above and section 410 of ITTOIA 2005 apply) to any of the following share capital, that is to say—
- (a) any share capital issued by a company resident in the United Kingdom in consequence of the exercise by any person of an option conferred on him to receive in respect of shares in the company (whether the last-mentioned shares were issued before or after the coming into force of this section) either a dividend in cash or additional share capital; and
- (b) any bonus share capital issued by a company so resident in respect of any shares in the company of a relevant class (whether the last-mentioned shares were issued before or after the coming into force of this section).
- (2) For the purposes of subsection (1)(b) above a class of shares is a relevant class if—
- (a) shares of that class carry the right to receive bonus share capital in the company of the same or a different class; and
- (b) that right is conferred by the terms on which shares of that class were originally issued or by those terms as subsequently extended or otherwise varied.
- (3) Where a company issues any share capital in a case in which two or more persons are entitled thereto, the following provisions of this section*and paragraph* 12(1)*to* (3)*of Schedule* 19 shall have effect as if the company had issued to each of those persons separately a part of that share capital proportionate to his interest therein on the due date of issue.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Where, in a case within section 410(2), (3) or (4) of ITTOIA 2005, the share capital in question is issued in respect of shares in the company issued before 6th April 1975 which confer on the holder a right to convert or exchange them into or for shares of a different class, this section shall not apply to so much (if any) of any bonus share capital issued by the company after 5th April 1976 in connection with an exercise of that right as would have been issued if that right had been exercised so as to effect the conversion or exchange of the shares on the earliest possible date after 5th April 1975; . . . .
- (9) Where any bonus share capital falling within subsection (1)(b) above is after 5th April 1975 converted into or exchanged for shares in the company in question of a different class, then—
- (a) this section shall not apply to any shares in the company issued, in connection with the conversion or exchange, in consideration of the cancellation, extinguishment or acquisition by the company of that bonus share capital; but
- (b) section 230(a) and (b) shall apply to any shares in the company issued, in connection with the conversion or exchange, in consideration of the cancellation, extinguishment or acquisition by the company of so much of that bonus share capital as caused income to be treated as arising to an individual as a result of section 410(2) of ITTOIA 2005 on the due date of issue (or would have done so if the case had been one in which an individual was beneficially entitled to that share capital).
#### Returns
##### 250
- (1) A company shall for each of its accounting periods make, in accordance with this section, returns to the inspector of all share capital to which section 249 applies (“relevant share capital”) and which was issued by it in that period.
- (2) A return shall be made for—
- (a) each complete quarter falling within the accounting period, that is to say, each of the periods of three months ending with 31st March, 30th June, 30th September or 31st December which falls within that period;
- (b) each part of the accounting period which is not a complete quarter and ends on the first (or only), or begins immediately after the last (or only), of those dates which falls within the accounting period;
- (c) if none of those dates falls within the accounting period, the whole accounting period.
- (3) A return for any period for which a return is required to be made under this section (a “return period”) shall be made within 30 days from the end of that period.
- (4) No return need be made under this section by a company for any period in which it has issued no relevant share capital.
- (5) The return made by a company for any return period shall state—
- (a) the date on which any relevant share capital issued by it in the period was issued and, if different, the date on which the company was first required to issue it;
- (b) particulars of the terms on which any such share capital so issued by it was issued; and
- (c) what is, in relation to any such share capital so issued, the cash equivalent of the share capital in accordance with section 412 of ITTOIA 2005.
- (6) If it appears to the inspector that a company ought to have, but has not, made a return for any return period, he may (notwithstanding subsection (4) above) by notice require the company to make a return for that period within such time (not being less than 30 days) as may be specified in the notice; and a return required to be made under this subsection shall, if such be the case, state that no relevant share capital was issued in the period in question.
- (7) As regards any share capital included in a return made under this section by a company, the inspector may by notice require the company to furnish him within such time (not being less than 30 days) as may be specified in the notice with such further information relating thereto as he may reasonably require for the purposes of sections 230 and 249, this section and section 251 . . . of this Act or Chapter 5 of Part 4 of ITTOIA 2005.
#### Interpretation of sections 249 and 250
##### 251
- (1) For the purposes of sections 249 and 250 —
- (a) “*bonus share capital*”, in relation to a company, means share capital issued by the company otherwise than wholly for new consideration or such part of any share capital so issued as is not properly referable to new consideration;
- (b) “*due date of issue*”, in relation to any share capital issued by a company, means the earliest date on which the company was required to issue that share capital;
- (c) an option to receive either a dividend in cash or additional share capital is conferred on a person not only where he is required to choose one or the other, but also where he is offered the one subject to a right, however expressed, to choose the other instead, and a person’s abandonment of, or failure to exercise, such a right is to be treated as an exercise of the option;
and in section 254 the definition of “*security*” (in subsection (1)) and subsections (5) and (11) shall not apply.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplemental
#### Rectification of excessive set-off etc. of ACT or tax credit
##### 252
- (1) If an inspector discovers that—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) any set-off or payment of tax credit,
ought not to have been made, or is or has become excessive, the inspector may make any such assessments as may in his judgment be required for recovering any tax that ought to have been paid or any payment of tax credit that ought not to have been made and generally for securing that the resulting liabilities to tax (including interest on unpaid tax) of the persons concerned are what they would have been if only such set-offs or payments had been made as ought to have been made.
- (2) In any case where—
- (a) interest has been paid under section 826 on a payment of tax credit; and
- (b) interest ought not to have been paid on that payment, either at all or to any extent,
an assessment under this section may be made for recovering any interest that ought not to have been paid.
- (3) Where—
- (a) an assessment is made under this section to recover tax credit paid to a company in respect of franked investment income received by the company in an accounting period; and
- (b) more than one payment of tax credit has been made in respect of that period,
any sum recovered shall as far as possible be treated as relating to a payment of tax credit made later rather than to a payment made earlier.
- (4) Subsections (2) and (3) above shall have effect in relation to payments of tax credit claimed in respect of accounting periods ending after such day as may be appointed for the purpose of those subsections by order made by the Treasury, not being earlier than 31st March 1992.
- (5) The Management Act shall apply to any assessment under this section for recovering a payment of tax credit or interest on such a payment as if it were an assessment to income tax for the year of assessment, or in the case of a company, corporation tax for the accounting period, in respect of which the payment was claimed, and as if that payment represented a loss of tax to the Crown; and any sum charged by any such assessment shall, subject to any appeal against the assessment, be due within 14 days after the issue of the notice of assessment.
#### Power to modify or replace section 234(5) to (9) and Schedule 13
##### 253
- (1) The Board may by regulations—
- (a) modify, supplement or replace any of the provisions of subsections (5) to (9) of section 234 for the purpose of requiring companies resident in the United Kingdom to make returns and give information to the inspector in respect of distributions made by them, whether before or after the passing of this Act, which are not qualifying distributions;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and references in this Act and in any other enactment to section 234(5) to (9) . . . shall be construed as including references to any such regulations.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Regulations under this section may—
- (a) make different provision for different descriptions of companies and for different circumstances and may authorise the Board, where in their opinion there are special circumstances justifying it, to make special arrangements as respects . . . the repayment of income tax borne by a company or the payment to a company of amounts in respect of any tax credit to which it is entitled;
- (b) include such transitional and other supplemental provisions as appear to the Board to be expedient or necessary.
- (4) The Board shall not make any regulations under this section unless a draft of them has been laid before and approved by a resolution of the House of Commons.
#### Interpretation of Part VI
##### 254
- (1) In this Part, except where the context otherwise requires—
- “*new consideration*” means, subject to subsections (5) and (6) below, consideration not provided directly or indirectly out of the assets of the company, and in particular does not include amounts retained by the company by way of capitalising a distribution;
- “*security*” includes securities not creating or evidencing a charge on assets, and interest paid by a company on money advanced without the issue of a security for the advance, or other consideration given by a company for the use of money so advanced, shall be treated as if paid or given in respect of a security issued for the advance by the company;
- “*share*” includes stock, and any other interest of a member in a company;
and in this section “*a 90 per cent. group*” means a company and all of its 90 per cent. subsidiaries.
- (2) In this Part, the expressions “*in respect of shares in the company*” and “*in respect of securities of the company*”, in relation to a company which is a member of a 90 per cent. group, mean respectively in respect of shares in that company or any other company in the group and in respect of securities of that company or any other company in the group.
- (3) Without prejudice to section 209(2)(b) as extended by subsection (2) above, in relation to a company which is a member of a 90 per cent. group, “*distribution*” includes anything distributed out of assets of the company (whether in cash or otherwise) in respect of shares in or securities of another company in the group.
- (4) Nothing in subsections (2) and (3) above shall require a company to be treated as making a distribution to any other company which is in the same group and is resident in the United Kingdom.
- (5) Where share capital has been issued at a premium representing new consideration, any part of that premium afterwards applied in paying up share capital shall be treated as new consideration also for that share capital, except in so far as the premium has been taken into account under section 211(5) so as to enable a distribution to be treated as a repayment of share capital.
- (6) Subject to subsection (7) below, no consideration derived from the value of any share capital or security of a company, or from voting or other rights in a company, shall be regarded for the purposes of this Part as new consideration received by the company unless the consideration consists of—
- (a) money or value received from the company as a qualifying distribution;
- (b) money received from the company as a payment which for those purposes constitutes a repayment of that share capital or of the principal secured by the security; or
- (c) the giving up of the right to the share capital or security on its cancellation, extinguishment or acquisition by the company.
- (7) No amount shall be regarded as new consideration by virtue of subsection (6)(b) or (c) above in so far as it exceeds any new consideration received by the company for the issue of the share capital or security in question or, in the case of share capital which constituted a qualifying distribution on issue, the nominal value of that share capital.
- (8) Where two or more companies enter into arrangements to make distributions to each other’s members, all parties concerned (however many) may for the purposes of this Part be treated as if anything done by any one of those companies had been done by any of the others.
- (9) A distribution shall be treated under this Part as made, or consideration as provided, out of assets of a company if the cost falls on the company.
- (10) References in this Part to issuing share capital as paid up apply also to the paying up of any issued share capital.
- (11) Where securities are issued at a price less than the amount repayable on them, and are not listed on a recognised stock exchange, the principal secured shall not be taken for the purposes of this Part to exceed the issue price, unless the securities are issued on terms reasonably comparable with the terms of issue of securities so listed.
- (12) For the purposes of this Part a thing is to be regarded as done in respect of a share if it is done to a person as being the holder of the share, or as having at a particular time been the holder, or is done in pursuance of a right granted or offer made in respect of a share; and anything done in respect of shares by reference to share holdings at a particular time is to be regarded as done to the then holders of the shares or the personal representatives of any share holder then dead.
#### “Gross rate” and “gross amount” of distributions to include ACT
##### 255
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART VII — GENERAL PROVISIONS RELATING TO TAXATION OF INCOME OF INDIVIDUALS
### CHAPTER I — PERSONAL RELIEFS
### The reliefs
#### General
##### 256
- (1) An individual who makes a claim in that behalf or, in the case of relief under section 266, who satisfies the conditions of that section, shall be entitled to such relief as is specified in sections 257 to 274, subject however to the provisions of section 278 and 287 and 288.
- (2) Where under any provision of this Chapter the relief to which a person is entitled for any year of assessment consists in a tax reduction calculated by reference to a specified amount, the amount of the tax reduction is equal to 10 per cent. of the specified amount.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Personal relief
##### 257
- (1) The claimant shall be entitled to a personal allowance of £3,005.
- (2) If the claimant . . . is at any time within the year of assessment of the age of 65 or upwards, he shall be entitled to a personal allowance of £3,670 (instead of the allowance provided for by subsection (1) above).
- (3) If the claimant . . . is at any time within the year of assessment of the age of 75 or upwards, he shall be entitled to a personal allowance of £3,820 (instead of the allowance provided for by subsection (1) or (2) above).
- (4) For the purposes of subsections (2) and (3) above a person who would have been of or over a specified age within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
- (5) In relation to a claimant whose adjusted net income for the year of assessment exceeds £12,300, subsections (2) and (3) above shall apply as if the amounts specified in them were reduced by one half of the excess (but not so as to reduce those amounts below that specified in subsection (1) above).]
- (6) An allowance under this section is given effect at Step 3 of the calculation in section 23 of ITA 2007.
#### Widower’s or widow’s housekeeper
##### 258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional relief in respect of children
##### 259
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Apportionment of relief under section 259
##### 260
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Claims under sections 258 and 259 for year of marriage
##### 261
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Widows' bereavement allowance
##### 262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dependent relatives
##### 263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Claimant depending on services of a son or daughter
##### 264
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for blind persons
##### 265
- (1) If the claimant . . . is a registered blind person for the whole or any part of the year of assessment, he shall be entitled to a blind person's allowance of £1,280. . . .
- (1A) Section 257C (indexation) shall have effect (using the rounding up rule in subsection (1)(b) of that section) for the application of this section for the year 1998-99 and any subsequent year of assessment as it has effect for the application of sections 257 and 257A.
- (2) Where—
- (a) a person entitled to an allowance under subsection (1) above is a person whose spouse or civil partner is living with him for the whole of any part of the year of assessment, but
- (b) the amount to which the person is entitled exceeds the person's remaining relievable income,
his spouse or civil partner shall be entitled to an allowance of an amount equal to the excess.
- (2A) The person's remaining relievable income is the amount found by—
- (a) taking the amount of the individual's net income, and
- (b) subtracting any personal allowance to which the person is entitled.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsection (2) above shall not apply for a year of assessment unless the person entitled to an allowance under subsection (1) has given to the inspector written notice that it is to apply; and any such notice—
- (a) shall be given on or before the fifth anniversary of the 31st January next following the end of the year of assessment to which it relates,
- (b) shall be in such form as the Board may determine, and
- (c) shall be irrevocable.
- (6) A notice given under subsection (5) above in relation to a year of assessment by a spouse or civil partner shall have effect also as a notice under section 257BB(2).
- (7) In this section “*registered blind person*” means a person registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 or, in the case of a person ordinarily resident in Scotland or Northern Ireland, a person who is a blind person within the meaning of section 64(1) of that Act.
- (8) An allowance under this section is given effect at Step 3 of the calculation in section 23 of ITA 2007.
#### Life assurance premiums
##### 266
- (1) Subject to the provisions of this section, section 274 and Schedules 14 and 15 and sections 192 to 194 of the Finance Act 2004, an individual who pays any such premium as is specified in subsection (2) below or makes a payment falling within subsection (7) below shall (without making any claim) be entitled to relief under this section.
- (2) The premiums referred to in subsection (1) above are any premiums paid by an individual under a policy of insurance or contract for a deferred annuity, where—
- (a) the payments are made to —
- (i) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 or under paragraph 15 of Schedule 3 to that Act (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of long-term insurance; or
- (ii) a member of the Society who effects or carries out contracts of long-term insurance in accordance with Part 19 of the Financial Services and Markets Act 2000;
- (iv) in the case of a deferred annuity, the National Debt Commissioners; and
- (b) the insurance or, as the case may be, the deferred annuity is on the life of the individual or on the life of his spouse or civil partner; and
- (c) the insurance or contract was made by him or his spouse or civil partner.
- (3) Subject to subsections (7), (10) and (11) below, no relief under this section shall be given—
- (a) except in respect of premiums payable under policies for securing a capital sum on death, whether in conjunction with any other benefit or not;
- (b) in respect of premiums payable under any policy issued in respect of an insurance made after 19th March 1968 unless the policy is a qualifying policy;
- (c) in respect of premiums payable under any policy issued in respect of an insurance made after 13th March 1984 . . . ;
- (d) in respect of premiums payable during the period of deferment in respect of a policy of deferred assurance.
- (4) Subject to subsections (7) and (8) below, relief under this section in respect of any premiums paid by an individual in a year of assessment shall be given by making good to the person to whom they are paid any deficiency arising from the deductions authorised under subsection (5) below; and this section and Schedule 14 shall have effect in relation to any premium or part of a premium which is paid otherwise than in the year of assessment in which it becomes due and payable as if it were paid in that year.
- (5) Subject to the provisions of Schedule 14—
- (a) an individual resident in the United Kingdom who is entitled to relief under this section in respect of any premium may deduct from any payment in respect of the premium and retain an amount equal to 12.5 per cent. of the payment; and
- (b) the person to whom the payment is made shall accept the amount paid after the deduction in discharge of the individual’s liability to the same extent as if the deduction had not been made and may recover the deficiency from the Board.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Where a person makes a payment to a trade union as defined in section 28(1) of the Trade Union and Labour Relations Act 1974, and part of that payment is attributable to the provision of superannuation, life insurance or funeral benefits, he shall be entitled to relief under this section in respect of that part of the payment, but—
- (a) subsection (4) above shall not apply; and
- (b) in calculating his net income there shall be deducted an amount equal to one-half of that part of the payment.
- (8) Where the individual is not resident in the United Kingdom and is entitled to relief by virtue of section 278(2) or (2ZA), subsection (4) above shall not apply but . . . the like relief shall be given to him under paragraph 6 of Schedule 14.
- (9) Subsections (5) and (8) above shall apply in relation to an individual who is not resident in the United Kingdom but is a member of the armed forces of the Crown or the spouseor civil partner of such a member as if the individual were so resident.
- (10) Subsection (3)(b) above shall not apply—
- (a) to any policy of life insurance having as its sole object the provision on an individual’s death or disability of a sum substantially the same as any amount then outstanding under a mortgage of his residence, or of any premises occupied by him for the purposes of a business, being a mortgage the principal amount secured by which is repayable by instalments payable annually or at shorter regular intervals; or
- (b) to any policy of life insurance issued in connection with an approved scheme as defined in Chapter I of Part XIV.
- (11) Subsection (3)(a) and (d) above shall not affect premiums payable—
- (a) under policies or contracts made in connection with any superannuation or bona fide pension scheme for the benefit of the employees of any employer, or of persons engaged in any particular trade, profession, vocation or business, or for the benefit of the spouse, civil partner, widow, widower , surviving civil partner or children or other dependants of any such employee or person, or
- (b) under policies taken out by teachers in the schools known in the year 1918 as secondary schools, pending the establishment of a superannuation or pension scheme for those teachers.
- (12) Schedule 14 shall have effect for the purpose of modifying, for certain cases, and supplementing the provisions of this section.
- (13) In . . . Schedule 14, “*friendly society*” means the same as in the Friendly Societies Act 1992 (and includes any society that by virtue of section 96(2) of that Act is to be treated as a registered friendly society within the meaning of that Act).
- (14) In subsection (2)(a)—
- “contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; and
- “member of the society” has the same meaning as in Lloyd’s Act 1982 .
#### Qualifying policies
##### 267
Schedule 15, Part I of which contains the basic rules for determining whether or not a policy is a qualifying policy, Part II of which makes provision for the certification etc. of policies as qualifying policies and Part III of which modifies Parts I and II in their application to certain policies issued by non-resident companies, shall have effect for the purpose of determining whether or not a policy is a qualifying policy; and, accordingly, any reference in this Act to a qualifying policy shall be construed in accordance with that Schedule.
#### Early conversion or surrender of life policies
##### 268
- (1) Where a policy of life insurance to which this section applies has been issued and, within four years from the making of the insurance in respect of which it was issued, any of the following events happens, that is to say—
- (a) the surrender of the whole or part of the rights conferred by the policy;
- (b) the falling due (otherwise than on death) of a sum payable in pursuance of a right conferred by the policy to participate in profits; and
- (c) the conversion of the policy into a paid-up or partly paid-up policy;
the body by whom the policy was issued shall pay to the Board, out of the sums payable by reason of the surrender or, as the case may be, out of the sum falling due or out of the fund available to pay the sums which will be due on death or on the maturity of the policy, a sum determined in accordance with the following provisions of this section, unless the body is wound up and the event is a surrender or conversion effected in connection with the winding-up.
- (2) The sum payable under subsection (1) above shall, subject to the following provisions of this section, be equal to the lower of the following, that is to say—
- (a) the appropriate percentage of the premiums payable under the policy up to the happening of the event; and
- (b) the surrender value of the policy at the time of the happening of the event less the complementary percentage of the premiums mentioned in paragraph (a) above.
- (3) If the event is one of those mentioned below, the sum payable to the Board shall not exceed the following limit, that is to say—
- (a) if it is the surrender of part of the rights conferred by the policy, the value of the rights surrendered at the time of the surrender;
- (b) if it is the conversion of the policy into a partly paid-up policy, the surrender value at the time of the conversion, of so much of the policy as is paid up; and
- (c) if it is the falling due of a sum, that sum.
- (4) If the event was preceded by the happening of such an event as is mentioned in subsection (1) above, subsection (2) above shall apply—
- (a) as if the lower of the amounts mentioned therein were reduced by the sum paid under this section in respect of the earlier event; and
- (b) if the earlier event was such an event as is mentioned in paragraph (a) or (c) of subsection (3) above, as if the surrender value of the policy were increased by the amount which, under that paragraph, limited or might have limited the sum payable under this section in respect of the earlier event.
- (5) For the purposes of this section the appropriate percentage, in relation to any event, is the percentage equal to the following fraction of the percentage found by doubling that mentioned in section 266(5)(a) as in force for the year of assessment in which the event happened, that is to say—
- (a) if the event happens in the first two of the four years mentioned in subsection (1) above, three-sixths;
- (b) if it happens in the third of those years, two-sixths; and
- (c) if it happens in the last of those years, one-sixth;
and the complementary percentage, in relation to any event, is 100 per cent. less the appropriate percentage.
- (6) Where the annual amount of the premiums payable under a policy of life insurance is at any time increased (whether under the policy or by any contract made after its issue) so as to exceed by more than 25 per cent.—
- (a) if the insurance was made on or before 26th March 1974, the annual amount as at that date, or
- (b) in the case of any other insurance, the first annual amount so payable,
the additional rights attributable to the excess shall be treated for the purposes of this section as conferred by a new policy issued in respect of an insurance made at that time, and the excess shall be treated as premiums payable under the new policy.
- (7) This section applies to any policy of life insurance which is a qualifying policy unless—
- (a) it is a policy in respect of the premiums on which relief under section 266 is not available by virtue of subsection (3)(c) of that section; or
- (b) it is a policy of life insurance issued in connection with a registered pension scheme;
and in relation to a policy of life insurance issued in respect of an insurance made before 27th March 1974 applies only in accordance with subsection (6) above.
#### Surrender etc. of policies after four years
##### 269
- (1) Where a policy of life insurance to which this section applies has been issued and, in the fifth or any later year from the making of the insurance in respect of which it was issued, either of the following events happens, that is to say—
- (a) the surrender of the whole or part of the rights conferred by the policy; and
- (b) the falling due (otherwise than on death or maturity) of a sum payable in pursuance of a right conferred by the policy to participate in profits;
then, if either of those events has happened before, the body by whom the policy was issued shall pay to the Board, out of the sums payable by reason of the surrender, or, as the case may be, out of the sum falling due, a sum determined in accordance with the following provisions of this section.
- (2) The sum payable under subsection (1) above shall, subject to the following provisions of this section, be equal to the applicable percentage of the lower of the following—
- (a) the total of the premiums which are payable in that year under the policy; and
- (b) the sums payable by reason of the surrender or, as the case may be, the sum falling due;
and the percentage to be applied for this purpose shall be a percentage equal to that mentioned in section 266(5)(a) as in force for the year of assessment in which the event happens.
- (3) Where, after a sum has become payable under subsection (1) above, and within the same year from the making of the insurance, another such event happens as is mentioned therein, the sums payable under that subsection in respect of both or all of the events shall not exceed the applicable percentage of the total mentioned in subsection (2)(a) above.
- (4) Where, on the happening of an event in the fifth or any later year from the making of the insurance, any sum is payable under subsection (1) of section 268 as applied by subsection (6) of that section as well as under subsection (1) above, subsection (2) above shall apply as if the sums or sum mentioned in paragraph (b) thereof were reduced by the sum payable under that section.
- (5) This section applies to any policy of life insurance which is a qualifying policy unless—
- (a) it is a policy in respect of the premiums on which relief under section 266 is not available by virtue of subsection (3)(c) of that section; or
- (b) it is a policy issued in the course of an industrial insurance business; or
- (c) it was issued in respect of an insurance made before 27th March 1974.
#### Provisions supplementary to sections 268 and 269
##### 270
- (1) Where on the happening of an event in relation to a policy of life insurance a sum is payable under section 268 or 269, relief under section 266 in respect of the relevant premiums paid under the policy shall be reduced by the sum so payable or, as the case may be, by so much of the sum as does not exceed the amount of that relief (or as does not exceed so much of that amount as remains after any previous reduction under this section).
- (2) For the purposes of this section the relevant premiums are—
- (a) in relation to a sum payable under section 268, the premiums payable under the policy up to the happening of the event by reason of which the sum is payable; and
- (b) in relation to a sum payable under section 269, the premiums payable in the year (from the making of the insurance) in which the event happens by reason of which the sum is payable.
- (3) Where the relevant premiums are payable in more than one year of assessment the reduction in relief under this section shall, so far as possible, reduce relief for an earlier year of assessment before reducing relief for a later one.
- (4) Any sum paid under section 268 or 269 by reason of any event shall be treated—
- (a) as between the parties, as received by the person by whom the premiums under the policy were paid; and
- (b) for the purposes of section 266, as a sum paid by that person in satisfaction of his liability resulting from the reduction of relief under this section;
and where that sum exceeds that liability he shall be entitled, on a claim made by him not later than six years after the end of the year of assessment in which the event happens, to repayment of the excess.
#### Deemed surrender in cases of certain loans
##### 271
- (1) Where—
- (a) by virtue of section 465 of ITTOIA 2005 a gain arising in connection with a policy . . . would be treated as forming part of an individual’s total income; and
- (b) the policy was issued in respect of an insurance made after 26th March 1974 . . .; and
- (c) any sum is at any time after the making of the insurance . . . lent to or at the direction of that individual by or by arrangement with the body issuing the policy . . .;
then, subject to subsection (2) below, the same results shall follow under sections 268 to 270 as if at the time the sum was lent there had been a surrender of part of the rights conferred by the policy . . . and the sum had been paid as consideration for the surrender (and if the policy is a qualifying policy, whether or not the premiums under it are eligible for relief under section 266, those results shall follow under section 269, whether or not a gain would be treated as arising on the surrender).
- (2) Subsection (1) above does not apply—
- (a) in relation to a policy if—
- (i) it is a qualifying policy; and
- (ii) either interest at a commercial rate is payable on the sum lent or the sum is lent to a full-time employee of the body issuing the policy for the purpose of assisting him in the purchase or improvement of a dwelling used or to be used as his only or main residence; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Collection of sums payable under sections 268 and 269
##### 272
- (1) Any body by whom a policy to which section 268 or 269 applies has been issued shall, within 30 days of the end of each period of 12 months ending with 31st March in every year, make a return to the collector of the sums which, in that period, have become payable by it under either of those sections.
- (2) Any sum which is to be included in a return made under subsection (1) above shall be due at the time by which the return is to be made and shall be paid without being demanded.
- (3) Where any sum which was or ought to have been included in such a return is not paid by the end of the period for which the return was to be made, it may be recovered by an assessment as if it were income tax for the year of assessment in which that period ends; and where it appears to the inspector that a sum which ought to have been so included had not been included or that a return is not correct he may make such an assessment to the best of his judgment.
- (4) All the provisions of the Income Tax Acts relating to the assessment and collection of tax, interest on unpaid tax, appeals and penalties shall, with the necessary modifications, apply in relation to sums due under this section; and for the purposes of those provisions so far as they relate to interest on unpaid tax, a sum assessed in pursuance of this section shall be treated as having been payable when it would have been payable had it been included in a return under subsection (1) above.
- (5) Where, on an appeal against an assessment made in pursuance of this section, it is determined that a greater sum has been assessed than was payable, the excess, if paid, shall be repaid.
- (6) Where a body has paid a sum which is payable under section 268 or 269 it shall give within 30 days to the person by whom the sum is, under section 270(4), treated as received a statement specifying that sum and showing how it has been arrived at.
- (7) The Board or an inspector may, by notice served on the body by whom a policy to which section 268 or 269 applies has been issued, require the body, within such time, not being less than 30 days, as may be specified in the notice—
- (a) to furnish such particulars; or
- (b) to make available for inspection by an officer authorised by the Board such books and other documents in the possession or under the control of the body;
as the Board or officer may reasonably require for the purposes of those sections or this section.
#### Payments securing widows' and children’s annuities
##### 273
- (1) Subject to subsection (2) below, section 274 of this Act and sections 192 to 194 of the Finance Act 2004, if the claimant is, under any Act of Parliament or under any terms and conditions of employment, liable to the payment of any sum, or to the deduction from any salary or stipend of any sum, for the purpose of securing a deferred annuity to a widow or widower or surviving civil partner of the claimant or provision for the claimant’s children after the claimant dies, the claimant shall be entitled to a tax reduction equal to income tax at the basic rate on the amount of the sum which he or she has paid or which has been deducted from his or her salary or stipend.
- (2) There is no entitlement to a tax reduction under this section in respect of any contribution paid by any person under Part 1 of the Social Security Contributions and Benefits Act 1992 or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
- (3) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
#### Limits on relief under sections 266 and 273
##### 274
- (1) The aggregate of the premiums or other sums in respect of which relief is given to any person under section 266 shall not exceed £1,500 in any year of assessment or one-sixth of that person’s total income, whichever is the greater.
- (2) The aggregate of the relief given under sections 266 and 273 in respect of premiums or sums payable for securing any benefits other than capital sums on death shall not exceed the amount of the income tax calculated at the appropriate rate on £100.
- (3) In subsection (2) above “*the appropriate rate*”—
- (a) in relation to premiums to which section 266 applies, means 12.5 per cent.;
- (b) in relation to other payments, means the basic rate of income tax.
- (4) War insurance premiums shall not be taken into account in calculating the limits of one-sixth of total income or of £100 mentioned in this section.
### Supplemental
#### Meaning of “relative”
##### 275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect on relief of charges on income
##### 276
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Partners
##### 277
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Non-residents
##### 278
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Subject to subsection (2ZA) below, relief under this Chapter shall be given only to an individual who . . . —
- (za) is not resident in the United Kingdom,
- (zb) does not meet the condition in section 56(3) of ITA 2007, and
- (a) is a Commonwealth citizen . . . ;. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2ZA) Relief under section 266 above (except relief given by virtue of subsection (7) of that section) may also be given to an individual who—
- (a) is resident in the United Kingdom, or
- (b) meets the condition in section 56(3) of ITA 2007.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) *No relief under this Chapter shall be given so as to reduce the amount of the income tax payable by the individual below the amount which results from applying the fraction*—
$$AB$*to the amount which would have been payable by him by way of income tax if the tax were chargeable on his total income from all sources (including income which is not subject to income tax charged in the United Kingdom) where*—$
A*is the amount of his income subject to income tax charged in the United Kingdom; and*
B*is the amount of his total income*.
- (4) *Subsection* (3)*above shall have effect as if the amount of any relief to which an individual is entitled under section* 266(4)*were an amount by which his liability to income tax is reduced*.
- (5) *For the purposes of subsection* (3)*above as it applies to an individual whose income includes income eligible for double taxation relief*—
- (a) *in computing the amount of the income tax payable by the individual, the tax chargeable in respect of the income eligible for double taxation relief shall be disregarded;*
- (b) *in computing the amount of his income subject to income tax charged in the United Kingdom, the income eligible for double taxation relief shall be disregarded; and*
- (c) *in computing his total income from all sources, including income which is not subject to income tax charged in the United Kingdom, income eligible for double taxation relief shall be included, and the income tax which would be chargeable on that total income shall be computed without regard to the double taxation relief available in respect of the income eligible for double taxation relief;*
*and, accordingly, where this subsection applies, the amount of the tax chargeable in respect of the income eligible for double taxation relief shall not be affected by subsections* (2)*and* (3)*above*.
- (6) *Subsection* (5)*shall not operate so as to make the tax payable by an individual for a year of assessment higher than it would have been if the double taxation relief had not been available*.
- (7) *In subsection* (5)*above “*income eligible for double taxation relief*” means any dividends, interest, royalties or other profits which are chargeable to income tax but in respect of which relief (other than credit) is available under an Order in Council under section* 788*so as to limit the rate of income tax so chargeable (but not so as to confer an exemption and make it income which is not subject to income tax charged in the United Kingdom)*.
- (8) Any claim which an individual is entitled to make by virtue of subsection (2) above shall be made to the Board.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Advance corporation tax
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 14
### CHAPTER II — TAXATION OF INCOME OF SPOUSES AND CIVIL PARTNERS
### General rules
#### Aggregation of wife’s income with husband's
##### 279
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of reliefs
##### 280
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax repayments to wives
##### 281
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Construction of references to married women living with their husbands
##### 282
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Separate assessments
#### Option for separate assessment
##### 283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of separate assessment on personal reliefs
##### 284
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Collection from wife of tax assessed on husband but attributable to her income
##### 285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right of husband to disclaim liability for tax on deceased wife’s income
##### 286
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Separate taxation
#### Separate taxation of wife’s earnings
##### 287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Elections under section 287
##### 288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — ENTERPRISE INVESTMENT SCHEME
#### The relief
##### 289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Minimum and maximum subscriptions
##### 290
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Individuals qualifying for relief
##### 291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Parallel trades
##### 292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
##### 293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Companies with interests in land
##### 294
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of interests in land for purposes of section 294(1)(b)
##### 295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 294 disapplied where amounts raised total £50,000 or less
##### 296
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trades
##### 297
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 293 and 297
##### 298
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disposal of shares
##### 299
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Value received from company
##### 300
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 300
##### 301
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Replacement capital
##### 302
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Value received by persons other than claimants
##### 303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Husband and wife
##### 304
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reorganisation of share capital
##### 305
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Claims
##### 306
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of relief
##### 307
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to subsidiaries
##### 308
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further provisions as to subsidiaries
##### 309
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information
##### 310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Nominees, bare trustees and approved investment funds
##### 311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Chapter III
##### 312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — SPECIAL PROVISIONS
#### Taxation of consideration for certain restrictive undertakings
##### 313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Divers and diving supervisors
##### 314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Wounds and disability pensions
##### 315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowances, bounties and gratuities
##### 316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Victoria Cross and other awards
##### 317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other pensions in respect of death due to war service etc
##### 318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Crown servants: foreign service allowance
##### 319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commonwealth Agents-General and official agents etc
##### 320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consuls and other official agents
##### 321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consular officers and employees
##### 322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Visiting forces
##### 323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Designated international organisations
##### 324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on deposits with National Savings Bank
##### 325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest etc. under contractual savings schemes
##### 326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disabled person’s vehicle maintenance grant
##### 327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Funds in court
##### 328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on damages for personal injuries
##### 329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Compensation for National-Socialist persecution
##### 330
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scholarship income
##### 331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenditure and houses of ministers of religion
##### 332
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this Act “*qualifying distribution*” means any distribution other than—
- (a) a distribution which, in relation to the company making it, is a distribution by virtue only of section 209(2)(c); or
- (b) a distribution consisting of any share capital or security which the company making the distribution has directly or indirectly received from the company by which the share capital or security was issued and which, in relation to the latter company, is a distribution by virtue only of section 209(2)(c).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Personal equity plans
##### 333
Regulations under Chapter 3 of Part 6 of ITTOIA 2005 (income from individual investment plans) may include provision generally for the purpose of the administration of corporation tax in relation to plans.
### CHAPTER V — RESIDENCE OF INDIVIDUALS
#### Commonwealth citizens and others temporarily abroad
##### 334
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Residence of persons working abroad
##### 335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Temporary residents in the United Kingdom
##### 336
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART VIII — TAXATION OF INCOME AND CHARGEABLE GAINS OF COMPANIES
### Taxation of income
#### Companies beginning or ceasing to carry on a trade
##### 337
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowance of charges on income and capital
##### 338
- (1) Charges on income are allowed as deductions from a company’s total profits in computing the corporation tax chargeable for an accounting period.
- (2) They are deducted from the company’s total profits for the period as reduced by any other relief from tax other than group relief.
- (3) The amount of the deduction is limited to the amount that reduces the company’s total profits for the period to nil.
- (4) Except as otherwise provided, a deduction is allowed only in respect of payments made by the company in the accounting period concerned.
- (5) The above provisions are subject to any express exceptions in the Corporation Tax Acts.
#### Charges on income: donations to charity
##### 339
- (1) A qualifying donation is a payment made by a company to a charity, other than—
- (a) a payment which, by reason of any provision of the Taxes Acts (within the meaning of the Management Act) except section 209(4), is to be regarded as a distribution (but see subsections (1A) and (1B) below); and
- (b) a payment which is deductible in computing profits or any description of profits for purposes of corporation tax.
- (1A) In determining whether a payment is to be regarded as a distribution for the purposes of subsection (1)(a) above, the words in section 209(5) from “; and any amount” to the end are to be disregarded.
- (1B) A payment (other than a dividend) made by a company which is wholly owned by a charity is not to be regarded as a distribution for the purposes of subsection (1)(a) above.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) A payment made by a company is not a qualifying donation if—
- (a) it is made subject to a condition as to repayment, or
- (b) the company or a connected person receives a benefit in consequence of making it and either the relevant value in relation to the payment exceeds the limit imposed by subsection (3DA) below or the amount to be taken into account for the purposes of this paragraph in relation to the payment exceeds £500.
- (3C) For the purposes of subsections (3B) above and (3D) below, the relevant value in relation to a payment to a charity is—
- (a) where there is one benefit received in consequence of making it which is received by the company or a connected person, the value of that benefit;
- (b) where there is more than one benefit received in consequence of making it which is received by the company or a connected person, the aggregate value of all the benefits received in consequence of making it which are received by the company or a connected person.
- (3D) The amount to be taken into account for the purposes of subsection (3B)(b) above in relation to a payment to a charity is an amount equal to the aggregate of—
- (a) the relevant value in relation to the payment, and
- (b) the relevant value in relation to each payment already made to the charity by the company in the accounting period in which the payment is made which is a qualifying donation within the meaning of this section.
- (3DA) The limit imposed by this subsection is—
- (a) where the amount of the payment does not exceed £100, 25 per cent of the amount of the payment;
- (b) where the amount of the payment exceeds £100 but does not exceed £1,000, £25;
- (c) where the amount of the payment exceeds £1,000, 5 per cent of the amount of the payment.
- (3DB) Where a benefit received in consequence of making a payment—
- (a) consists of the right to receive benefits at intervals over a period of less than twelve months;
- (b) relates to a period of less than twelve months; or
- (c) is one of a series of benefits received at intervals in consequence of making a series of payments at intervals of less than twelve months,
the value of the benefit shall be adjusted for the purposes of subsection (3C) above and the amount of the payment shall be adjusted for the purposes of subsection (3DA) above.
- (3DC) Where a benefit, other than a benefit which is one of a series of benefits received at intervals, is received in consequence of making a payment which is one of a series of payments made at intervals of less than twelve months, the amount of the payment shall be adjusted for the purposes of subsection (3DA) above.
- (3DD) Where the value of a benefit, or the amount of a payment, falls to be adjusted under subsection (3DB) or (3DC) above, the value or amount shall be multiplied by 365 and the result shall be divided by—
- (a) in a case falling within subsection (3DB)(a) or (b) above, the number of days in the period of less than twelve months;
- (b) in a case falling within subsection (3DB)(c) or (3DC) above, the average number of days in the intervals of less than twelve months;
and the reference in subsection (3DB) to subsection (3C) above is a reference to that subsection as it applies for the purposes of subsection (3B) above.
- (3E) A payment made by a company is not a qualifying donation if it is conditional on, or associated with, or part of an arrangement involving, the acquisition of property by the charity, otherwise than by way of gift, from the company or a connected person.
- (3F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3G) A payment made by a company is not a qualifying donation if the company is itself a charity.
- (4) Where a company gives a sum of money to a charity—
- (a) if the charity is a charitable company, a body mentioned in section 507 or an Association of a description specified in section 508, the gift shall in the hands of the charitable company be treated for the purposes of this Act as if it were an annual payment, and
- (b) if the charity is a trust established for charitable purposes only, see section 522 of ITA 2007 (gifts of money from companies).
- (5) *In any accounting period of a company, the maximum amount allowable under section* 338*by virtue of subsection* (2)(b)*of that section in respect of qualifying donations made by the company shall be a sum equal to* 3*per cent. of the dividends paid on the company’s ordinary share capital in that accounting period* .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7AA) Where—
- (a) a qualifying donation to a charity is made by a company which is wholly owned by a charity, and
- (b) the company makes a claim for the donation, or any part of it, to be deemed for the purposes of section 338 to be a charge on income paid in an accounting period falling wholly or partly within the period of nine months ending with the date of the making of the donation,
the donation or part shall be deemed for those purposes to be a charge on income paid in that accounting period, and not in any later period.
A claim under this subsection must be made within the period of two years immediately following the accounting period in which the donation is made, or such longer period as the Board may allow.
- (7AB) For the purposes of this section a company is wholly owned by a charity if it is either—
- (a) a company with an ordinary share capital every part of which is owned by a charity (whether or not the same charity); or
- (b) a company limited by guarantee in whose case every person who—
- (i) is beneficially entitled to participate in the divisible profits of the company, or
- (ii) will be beneficially entitled to share in any net assets of the company available for distribution on its winding up,
is or must be a charity or a company wholly owned by a charity.
- (7AC) For the purposes of subsection (7AB) above ordinary share capital of a company shall be taken to be owned by a charity if there is a charity which—
- (a) within the meaning of section 838 directly or indirectly owns that share capital; or
- (b) would be taken so to own that share capital if references in that section to a body corporate included references to a charity which is not a body corporate.
- (7A) In subsections (3B) to (3E) above references to a connected person are to a person connected with—
- (a) the company, or
- (b) a person connected with the company;
and section 839 applies for the purposes of this subsection.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) For the purposes of this section “charity” includes each of the bodies mentioned in section 507, and . . . any Association of a description specified in section 508, but, subject to that, in this section “charity” has the same meaning as in section 506.
- (10) In this section “*charitable company*” has the same meaning as in section 506.
#### Charges on income: interest payable to non-residents
##### 340
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments of interest etc. between related companies
##### 341
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax on company in liquidation
##### 342
- (1) In this section references to a company’s final year are references to the financial year in which the affairs of the company are completely wound up, and references to a company’s penultimate year are references to the last financial year preceding its final year.
- (2) Subject to subsection (3) or (3A) below—
- (a) corporation tax shall be charged on the profits of the company arising in the winding-up in its final year at the rate of corporation tax fixed or proposed for the penultimate year; but
- (b) where the corporation tax charged on the company’s income included in those profits falls to be calculated or reduced in accordance with section 13, it shall be so calculated or reduced in accordance with such rate or fraction fixed or proposed for the penultimate year as is applicable under that section.
- (3) If, before the affairs of the company are completely wound up, any of the rates or fractions mentioned in subsection (2) above has been fixed or proposed for the final year, that subsection shall have effect in relation to that rate or fraction as if for the references to the penultimate year there were substituted references to the final year.
- (3A) If, in the case of the company’s final accounting period, the income (if any) which consists of interest received or receivable by the company under section 826 does not exceed £2,000, that income shall not be subject to corporation tax.
In this subsection “*the company’s final accounting period*” means the accounting period of the company which, in accordance with section 12(4) of CTA 2009, ends by reason of the completion of the winding up.
- (4) An assessment on the company’s profits for an accounting period which falls after the commencement of the winding-up shall not be invalid because made before the end of the accounting period.
- (5) In making an assessment after the commencement of the winding-up of the company but before the date when its affairs are completely wound up, the liquidator may act on an assumption as to when that date will fall, so far as it governs section 12(4) of CTA 2009.
- (6) The assumption of the wrong date shall not alter the company’s final and penultimate year, and, if the right date is later, an accounting period shall end on the date assumed, and a new accounting period shall begin and section 12(4) of CTA 2009 shall thereafter apply as if the winding-up had commenced with the beginning of that new accounting period.
- (7) References in this section to a rate or fraction fixed or proposed are references to a rate or fraction fixed by an Act passed before the completion of the winding-up or, if not so fixed, proposed by a Budget resolution (and without regard to any subsequent Act); except that if a rate or fraction so fixed is proposed to be altered by a Budget resolution any such reference to it is a reference to it as proposed to be so altered.
- In this subsection “*Budget resolution*” means a resolution of the House of Commons for fixing any such rate or fraction as is mentioned in this section.
- (8) Where the winding-up commenced before the company’s final year, paragraphs (a) and (b) of subsection (2) (but not subsection (3)) above shall apply in relation to the company’s profits arising at any time in its penultimate year.
- (9) Any assessment made by virtue of section 8(4) shall be subject to any such adjustment by discharge or repayment of tax or by a further assessment as may be required to give effect to this section.
#### Company reconstructions without a change of ownership
##### 343
- (1) Where, on a company (“*the predecessor*”) ceasing to carry on a trade, another company (“*the successor*”) begins to carry it on, and—
- (a) on or at any time within two years after that event the trade or an interest amounting to not less than a three-fourths share in it belongs to the same persons as the trade or such an interest belonged to at some time within a year before that event; and
- (b) the trade is not, within the period taken for the comparison under paragraph (a) above, carried on otherwise than by a company which is within the charge to tax in respect of it;
then the Corporation Tax Acts shall have effect subject to subsections (2) to (6) below.
- (2) In the circumstances mentioned in subsection (1)—
- (a) there shall be made to or on the successor in accordance with the Capital Allowances Act (including enactments which under this Act are to be treated as contained in that Act) all such allowances and charges as would, if the predecessor had continued to carry on the trade, have fallen to be made to or on it; and
- (b) the amount of any such allowance or charge shall be computed as if—
- (i) the successor had been carrying on the trade since the predecessor began to do so, and
- (ii) everything done to or by the predecessor had been done to or by the successor (but so that no sale or transfer which on the transfer of the trade is made to the successor by the predecessor of any assets in use for the purpose of the trade shall be treated as giving rise to any such allowance or charge).
- (3) . . . Subject to subsection (4) below and to any claim made by the predecessor under section 393A(1)(including a case where section 393B applies), the successor shall be entitled to relief under section 393(1), as for a loss sustained by the successor in carrying on the trade, for any amount for which the predecessor would have been entitled to . . . relief if it had continued to carry on the trade.
- (4) Where the amount of relevant liabilities exceeds the value of relevant assets, the successor shall be entitled to relief by virtue of subsection (3) above only if, and only to the extent that, the amount of that excess is less than the amount mentioned in that subsection.
- (4A) Subsection (2A) of section 393A shall not apply to any loss which (but for this subsection) would fall within subsection (2B) of that section by virtue of the predecessor’s ceasing to carry on the trade, and subsection (7) of that section shall not apply for the computation of any such loss.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The six Schedules
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 15
- (1) The Schedule referred to as Schedule A is as follows:—
- (1)
- (1) Tax is charged under this Schedule on the annual profits arising from a business carried on for the exploitation, as a source of rents or other receipts, of any estate, interest or rights in or over land in the United Kingdom.
- (2) To the extent that any transaction is entered into for the exploitation, as a source of rents or other receipts, of any estate, interest or rights in or over land in the United Kingdom, it is taken to be entered into in the course of such a business.
- (3) All businesses and transactions carried on or entered into by a particular person or partnership, so far as they are businesses or transactions the profits of which are chargeable to tax under this Schedule, are treated for the purposes of this Schedule as, or as entered into in the course of carrying on, a single business.
There are qualifications to this rule in the case of—
- (a) companies not resident in the United Kingdom (see subsection (1A) below); and
- (b) insurance companies (see sections 432AA and 441B(2A)).
- (4) The receipts referred to in the expression “*as a source of rents or other receipts*” include—
- (a) payments in respect of a licence to occupy or otherwise to use land or the exercise of any other right over land, and
- (b) rentcharges . . . and other annual payments reserved in respect of, or charged on or issuing out of, the land.
- (2)
- (1) This Schedule does not apply to profits arising from the occupation of land.
- (2) This Schedule does not apply to—
- (a) profits charged to tax under Case I of Schedule D under—
- section 53(1) (farming and market gardening), or
- section 55 (mines, quarries and other concerns);
- (b) receipts or expenses taken into account as trading receipts or expenses under section 98 (tied premises);
- (c) rent charged to tax under Schedule D under—
- section 119 (rent, etc. payable in connection with mines, quarries and other concerns), or
- section 120(1) (certain rent, etc. payable in respect of electric line wayleaves).
- (3) The profits of a Schedule A business carried on by a company shall be computed without regard to items giving rise to—
- credits or debits within Chapter II of Part IV of the Finance Act 1996 (loan relationships), or
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Where the successor ceases to carry on the trade within the period taken for the comparison under subsection (1)(a) above and on its doing so a third company begins to carry on the trade, . . ., subsections (2) to (5) above shall apply both in relation to that event (together with the new predecessor and successor) and to the earlier event (together with the original predecessor and successor), but so that—
- (a) in relation to the earlier event “successor” shall include the successor at either event; and
- (b) in relation to the later event “predecessor” shall include the predecessor at either event;
and if the conditions of this subsection are thereafter again satisfied, it shall apply again in like manner.
- (8) Where, on a company ceasing to carry on a trade, another company begins to carry on the activities of the trade as part of its trade, then that part of the trade carried on by the successor shall be treated for the purposes of this section as a separate trade, if the effect of so treating it is that subsection (1) or (7) above has effect on that event in relation to that separate trade; and where, on a company ceasing to carry on part of a trade, another company begins to carry on the activities of that part as its trade or part of its trade, the predecessor shall for purposes of this section be treated as having carried on that part of its trade as a separate trade if the effect of so treating it is that subsection (1) or (7) above has effect on that event in relation to that separate trade.
- (9) Where under subsection (8) above any activities of a company’s trade fall, on the company ceasing or beginning to carry them on, to be treated as a separate trade, such apportionments of receipts, expenses, assets or liabilities shall be made as may be just.
- (10) Where, by virtue of subsection (9) above, any item falls to be apportioned and, at the time of the apportionment, it appears that it is material as respects the liability to tax (for whatever period) of two or more companies, any question which arises as to the manner in which the item is to be apportioned shall be determined, for the purposes of the tax of all those companies in like manner as an appeal, and all those companies shall be entitled to be a party to those proceedings.
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) Any relief obtainable under this section by way of discharge or repayment of tax shall be given on the making of a claim.
- (12) In the application of this section to any case in relation to which subsection (4) above does not apply—
- (a) subsection (9) above shall have effect with the substitution for the words following “separate trade” of the words “ any necessary apportionment shall be made of receipts or expenses ”; and
- (b) subsection (10) above shall have effect with the substitution for “item” of “ sum ”.
#### Company reconstructions: supplemental
##### 344
- (1) For the purposes of section 343—
- (a) a trade carried on by two or more persons shall be treated as belonging to them in the shares in which they are entitled to the profits of the trade;
- (b) a trade or interest in a trade belonging to any person as trustee (otherwise than for charitable or public purposes) shall be treated as belonging to the persons for the time being entitled to the income under the trust; and
- (c) a trade or interest in a trade belonging to a company shall, where the result of so doing is that subsection (1) or (7) of section 343 has effect in relation to an event, be treated in any of the ways permitted by subsection (2) below.
- (2) For the purposes of section 343, a trade or interest in a trade which belongs to a company engaged in carrying it on may be regarded—
- (a) as belonging to the persons owning the ordinary share capital of the company and as belonging to them in proportion to the amount of their holdings of that capital, or
- (b) in the case of a company which is a subsidiary company, as belonging to a company which is its parent company, or as belonging to the persons owning the ordinary share capital of that parent company, and as belonging to them in proportion to the amount of their holdings of that capital,
and any ordinary share capital owned by a company may, if any person or body of persons has the power to secure by means of the holding of shares or the possession of voting power in or in relation to any company, or by virtue of any power conferred by the articles of association or other document regulating any company, that the affairs of the company owning the share capital are conducted in accordance with his or their wishes, be regarded as owned by the person or body of persons having that power.
- (3) For the purposes of subsection (2) above—
- (a) references to ownership shall be construed as references to beneficial ownership;
- (b) a company shall be deemed to be a subsidiary of another company if and so long as not less than three-quarters of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies;
- (c) the amount of ordinary share capital of one company owned by a second company through another company or other companies, or partly directly and partly through another company or other companies, shall be determined in accordance with section 838(5) to (10); and
- (d) where any company is a subsidiary of another company, that other company shall be considered as its parent company unless both are subsidiaries of a third company.
- (4) In determining, for the purposes of section 343, whether or to what extent a trade belongs at different times to the same persons, persons who are relatives of one another and the persons from time to time entitled to the income under any trust shall respectively be treated as a single person, and for this purpose “*relative*” means husband, wife, civil partner, ancestor, lineal descendant, brother or sister.
- (5) For the purposes of section 343(4), relevant assets are—
- (a) assets which were vested in the predecessor immediately before it ceased to carry on the trade, which were not transferred to the successor and which, in a case where the predecessor was the predecessor on a previous application of section 343, were not by virtue of subsection (9) of that section apportioned to a trade carried on by the company which was the successor on that application; and
- (b) consideration given to the predecessor by the successor in respect of the change of company carrying on the trade;
and for the purposes of paragraph (b) above the assumption by the successor of any liabilities of the predecessor shall not be treated as the giving of consideration to the predecessor by the successor.
- (6) For the purposes of section 343(4), relevant liabilities are liabilities which were outstanding and vested in the predecessor immediately before it ceased to carry on the trade, which were not transferred to the successor and which, in a case where the predecessor was the predecessor on a previous application of section 343, were not by virtue of subsection (9) of that section apportioned to a trade carried on by the company which was the successor on that application; but a liability representing the predecessor’s share capital, share premium account, reserves or relevant loan stock is not a relevant liability.
- (7) For the purposes of section 343(4)—
- (a) the value of assets (other than money) shall be taken to be the price which they might reasonably be expected to have fetched on a sale in the open market immediately before the predecessor ceased to carry on the trade; and
- (b) the amount of liabilities shall be taken to be their amount at that time.
- (8) Where the predecessor transferred a liability to the successor but the creditor concerned agreed to accept settlement of part of the liability as settlement of the whole, the liability shall be treated for the purposes of subsection (6) above as not having been transferred to the successor except as to that part.
- (9) A liability representing the predecessor’s share capital, share premium account, reserves or relevant loan stock shall, for the purposes of subsection (6) above, be treated as not doing so if, in the period of one year ending with the day on which the predecessor ceased to carry on the trade, the liability arose on a conversion of a liability not representing its share capital, share premium account, reserves or relevant loan stock.
- (10) Where a liability of the predecessor representing its relevant loan stock is not a relevant liability for the purposes of section 343(4) but is secured on an asset of the predecessor not transferred to the successor, the value of the asset shall, for the purposes of section 343(4), be reduced by an amount equal to the amount of the liability.
- (11) In this section “*relevant loan stock*” means any loan stock or similar security (whether secured or unsecured) except any in the case of which subsection (12) below applies.
- (12) This subsection applies where, at the time the liability giving rise to the loan stock or other security was incurred, the person who was the creditor was carrying on a trade of lending money.
### Chargeable gains
#### Computation of chargeable gains
##### 345
#### Capital distribution of chargeable gains: recovery of tax from shareholder
##### 346
#### Tax on one member of group recoverable from another member
##### 347
## PART IX — ANNUAL PAYMENTS AND INTEREST
### Annual payments
#### Payments out of profits or gains brought into charge to income tax: deduction of tax
##### 348
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments not out of profits or gains brought into charge to income tax, and annual interest
##### 349
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax where payments made under section 349
##### 350
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Small maintenance payments
##### 351
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Certificates of deduction of tax
##### 352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Relief for payments of interest (excluding MIRAS)
#### General provision
##### 353
- (1) Where a person pays interest in any year of assessment, that person, if he makes a claim to the relief, shall for that year of assessment be entitled (subject to . . . section 52 of ITTOIA 2005) to relief in accordance with this section in respect of so much (if any) of the amount of that interest as is eligible for relief under this section by virtue of section 365.
- (1A) Where a person is entitled for a year of assessment to relief under this section in respect of an amount of interest which is eligible for relief by virtue of section 365, the relief is given as a tax reduction for that tax year.
- (1AA) The amount of the tax reduction is 23% of the amount of the interest.
- (1AB) The tax reduction is given effect at Step 6 of the calculation in section 23 of ITA 2007.
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1E) Where any person is entitled for any year of assessment to relief . . . in respect of any amount of interest as is eligible for that relief partly as mentioned in subsection (1A) above and partly as mentioned in section 383 of ITA 2007 (relief for interest payments), that amount of interest shall be apportioned between the cases to which each of those provisions applies without regard to what parts of the total amount borrowed remain outstanding but according to . . . —
- (a) the proportions of the total amount borrowed which were applied for different purposes; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and subsection (1A) above or section 383 of ITA 2007 shall apply accordingly to the case in which that subsection or section applies.
- (1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1H) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) This section does not apply to a payment of relevant loan interest to which section 369 applies.
- (3) Relief under this section shall not be given in respect of—
- (a) interest on a debt incurred by overdrawing an account or by debiting the account of any person as the holder of a credit card or under similar arrangements; or
- (b) where interest is paid at a rate in excess of a reasonable commercial rate, so much of the interest as represents the excess.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loans to buy land etc
##### 354
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Matters excluded from section 354
##### 355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Job-related accommodation
##### 356
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Limit on amount of loan eligible for relief by virtue of section 354
##### 357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief where borrower deceased
##### 358
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy machinery or plant
##### 359
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy interest in close company
##### 360
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy interest in co-operative or employee-controlled company
##### 361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy into partnership
##### 362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 360 to 362
##### 363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to pay inheritance tax
##### 364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy life annuity
##### 365
- (1) Subject to the following provisions of this section, interest is eligible for relief under section 353 if it is interest on a loan in respect of which the following conditions are satisfied—
- (aa) that the loan was made before 9th March 1999;
- (a) that the loan was made as part of a scheme under which not less than nine-tenths of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (“*the annuitants*”) who include the person to whom the loan was made;
- (b) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 years;
- (c) that the loan was secured on land in the United Kingdom or the Republic of Ireland and the person to whom it was made or one of the annuitants owns an estate or interest in that land; and
- (d) that, if the loan was made after 26th March 1974, the person to whom it was made or each of the annuitants used the land on which it was secured as his only or main residence immediately before 9th March 1999 .
- (1AA) Where—
- (a) a loan made on or after 9th March 1999 was made in pursuance of an offer made by the lender before that date, and
- (b) the offer was either in writing or evidenced by a note or memorandum made by the lender before that date,
the loan shall be deemed for the purposes of subsection (1)(aa) above to have been made before that date.
- (1AB) Subject to subsection (1AC) below, the conditions in paragraphs (aa) and (a) of subsection (1) above shall be treated as satisfied in relation to a loan (“*the new loan*”) if—
- (a) the new loan was made on or after the day on which the Finance Act 1999 was passed;
- (b) the new loan was made as part of a scheme (“*the scheme*”) under which the whole or any part of the proceeds of the loan was used to defray money applied in paying off another loan (“*the old loan*”); and
- (c) the conditions in subsection (1) above were, or were treated by virtue of this subsection as, satisfied with respect to the old loan.
- (1AC) If only part of the proceeds of the new loan was used to defray money applied in paying off the old loan, subsection (1AB) above applies only if, under the scheme, not less than nine-tenths of the remaining part of the proceeds of the new loan was applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons who include him.
- (1AD) In subsection (1AC) above “*the remaining part*” means the part of the proceeds of the new loan that was not used to defray money applied in paying off the old loan.
- (1A) The condition in subsection (1)(d) above shall be treated as satisfied in relation to a loan if—
- (a) the person to whom the loan was made, or any of the annuitants, ceased to use the land as his only or main residence at a time falling within the period of twelve months ending with 8th March 1999, and
- (b) the intention at that time of the person to whom the loan was made, or each of the annuitants owning an estate or interest in the land, was to take steps, before the end of the period of twelve months after the day on which the land ceased to be so used, with a view to the disposal of his estate or interest.
- (1B) If it appears to the Board reasonable to do so, having regard to all the circumstances of a particular case, they may direct that in relation to that case subsection (1A) above shall have effect as if for the reference to 12 months there were substituted a reference to such longer period as meets the circumstances of that case.
- (2) Interest is not eligible for relief by virtue of this section unless it is payable by the person to whom the loan was made or by one of the annuitants.
- (3) If the loan was made after 26th March 1974 interest on it is eligible for relief by virtue of this section only to the extent that the amount on which it is payable does not exceed the sum of £30,000; and if the interest is payable by two or more persons the interest payable by each of them is so eligible only to the extent that the amount on which it is payable does not exceed such amount as bears to that sum the same proportion as the interest payable by him bears to the interest payable by both or all of them.
#### Information
##### 366
- (1) A person who claims relief under section 353 in respect of any payment of interest shall furnish to the inspector a statement in writing by the person to whom the payment is made, showing—
- (a) the date when the debt was incurred;
- (b) the amount of the debt when incurred;
- (c) the interest paid in the year of assessment for which the claim is made . . . ; and
- (d) the name and address of the debtor.
- (2) Where any such interest as is mentioned in section 353 is paid, the person to whom it is paid shall, if the person who pays it so requests in writing, furnish him with such statement as regards that interest as is mentioned in subsection (1) above; and the duty imposed by this subsection shall be enforceable at the suit or instance of the person making the request.
- (3) Subsections (1) and (2) above do not apply to interest paid to a building society, or to a local authority.
#### Provisions supplementary to sections 354 to 366
##### 367
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In section 365(3) references to the qualifying maximum for the year of assessment are references to such sum as Parliament may determine for the purpose for that year.
#### Exclusion of double relief etc
##### 368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Mortgage interest relief at source
#### Mortgage interest payable under deduction of tax
##### 369
- (1) If a person who is a qualifying borrower makes a payment of relevant loan interest to which this section applies, he shall be entitled, on making the payment, to deduct and retain out of it a sum equal to the applicable percentage thereof.
- (1A) In subsection (1) above “*the applicable percentage*” means 23 per cent..
- (2) Where a sum is deducted under subsection (1) above from a payment of relevant loan interest—
- (a) the person to whom the payment is made shall allow the deduction on receipt of the residue;
- (b) the borrower shall be acquitted and discharged of so much money as is represented by the deduction as if the sum had been actually paid; and
- (c) the sum deducted shall be treated as income tax paid by the person to whom the payment is made.
- (3) The following payments, that is to say—
- (a) payments of relevant loan interest to which this section applies, and
- (b) payments which would be such payments but for section 373(5),
shall not be allowable as deductions for any purpose of the Income Tax Acts except in so far as they fall to be treated as such payments by virtue only of section 375(2) and would be allowable apart from this subsection.
- (6) Any person by whom a payment of relevant loan interest to which this section applies is received shall be entitled to recover from the Board, in accordance with regulations, an amount which by virtue of subsection (2)(c) above is treated as income tax paid by him; and any amount so recovered shall be treated for the purposes of the Tax Acts in like manner as the payment of relevant loan interest to which it relates.
- (7) The following provisions of the Management Act, namely—
- (a) section 29(1)(c) (excessive relief) as it has effect apart from section 29(2) to (10) of that Act;
- (b) section 30 (tax repaid in error etc.) apart from subsection (1B) ,
- (c) section 86 (interest), and
- (d) section 95 (incorrect return or accounts),
shall apply in relation to an amount which is paid to any person by the Board as an amount recoverable in accordance with regulations made by virtue of subsection (6) above but to which that person is not entitled as if it were income tax which ought not to have been repaid and, where that amount was claimed by that person, as if it had been repaid as respects a chargeable period as a relief which was not due.
- (8) In the application of section 86 of the Management Act by virtue of subsection (7) above in relation to sums due and payable by virtue of an assessment made for the whole or part of a year of assessment (“the relevant year of assessment”) under section 29(1)(c) or 30 of that Act, as applied by that subsection, the relevant date—
- (a) is 1st January in the relevant year of assessment in a case where the person falling within subsection (6) above has made a relevant interim claim; and
- (b) in any other case, is the later of the following dates, that is to say—
- (i) 1st January in the relevant year of assessment; or
- (ii) the date of the making of the payment by the Board which gives rise to the assessment.
- (9) In this section—
- “*financial year*”, in relation to any person, means a financial year of that person for the purposes of the relevant regulations;
- “*interim claim*” means an interim claim within the meaning of the relevant regulations;
- “*relevant interim claim*” means, in relation to an assessment made for a period coterminous with, or falling wholly within, a person’s financial year, an interim claim made for a period falling wholly or partly within that financial year; and
- “*the relevant regulations*” means regulations made under section 378(3) for the purposes of subsection (6) above.
#### Relevant loan interest
##### 370
- (1) Subject to this section and sections 373 to 376, in this Part “*relevant loan interest*” means interest which is paid and payable in the United Kingdom to a qualifying lender and to which subsection (2) . . . below applies.
- (2) Subject to subsection (4) below, this subsection applies to interest if, disregarding section 353(2) and any other provision applying to interest falling to be treated as relevant loan interest—
- (a) it is interest falling within section . . . 365; and
- (b) apart (where applicable) from section . . . 365(3), the whole of the interest would be eligible for relief under section 353;. . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In determining whether subsection (2) above applies to any interest, section 365 shall have effect as if the words “or the Republic of Ireland” were omitted.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Second loans
##### 371
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Home improvement loans
##### 372
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loans in excess of the qualifying maximum, and joint borrowers
##### 373
- (1) The provisions of this section have effect in relation to a loan where, by virtue of . . . section 365(3), only part of the interest on the loan would (apart from section 353(2)) be eligible for relief under section 353; and in this section any such loan is referred to as a “*limited loan*”.
- (2) None of the interest on a limited loan is relevant loan interest unless—
- (a) the loan is made on or after 6th April 1987; or
- (b) the qualifying lender to whom the interest is payable has given notice to the Board in accordance with regulations that he is prepared to have limited loans of a description which includes that limited loan brought within the tax deduction scheme.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Where the condition in paragraph (a) or (b) of subsection (2) above is fulfilled . . . only so much of the interest as (apart from section 353(2)) would be eligible for relief under section 353 is relevant loan interest.
- (6) Where a loan on which interest is payable by the borrower was made jointly to the borrower and another person who is not the borrower’s husband or wife, the interest on the loan is not relevant loan interest unless—
- (a) each of the persons to whom the loan was made is a qualifying borrower; and
- (b) in relation to each of them considered separately, the whole of that interest is relevant loan interest, in accordance with section 370 and this section.
- (7) In subsection (6) above references to the borrower’s husband or wife do not include references to a separated husband or wife . . . .
#### Conditions for application of section 369
##### 374
- (1) Section 369 does not apply to any relevant loan interest unless—
- (a) in the case of a loan of a description specified by regulations for the purposes of this paragraph, the borrower or, in the case of joint borrowers, each of them has given notice to the lender in the prescribed form certifying—
- (i) that he is a qualifying borrower; and
- (ii) that the interest is relevant loan interest; and
- (iii) such other matters as may be prescribed; or
- (b) the Board have given notice to the lender and the borrower that the interest may be paid under deduction of tax; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the loan to which the interest relates is of a description specified by regulations for the purposes of this paragraph and was made—
- (i) if sub-paragraph (2) of paragraph 2 of Schedule 7 to the Finance Act 1982 applied to interest on the loan which became due on or after a date earlier than 6th April 1983, being a date specified by the Board in pursuance of sub-paragraph (5) of that paragraph, before that earlier date; or
- (ii) if the qualifying lender is a building society or a local authority, before 1st April 1983; or
- (iii) if sub-paragraphs (i) and (ii) above do not apply and the interest falls within section 370(2), before 6th April 1983.
- (2) Where notice has been given as mentioned in paragraph (a) or (b) of subsection (1) above, section 369 applies to any relevant loan interest to which the notice relates and which becomes due on or after the relevant date, as defined by subsection (3) below; and in a case falling within paragraph . . . (d) of subsection (1) above, section 369 applies to the relevant loan interest referred to in that paragraph.
- (3) In subsection (2) above “*the relevant date*” means—
- (a) in the case of a notice under subsection (1)(a) above, the date the notice is given, and
- (b) in the case of a notice under subsection (1)(b) above, a date specified in the notice as being the relevant date (which may be earlier than the date so specified as the date from which the interest may be paid under deduction of tax).
#### Interest ceasing to be relevant loan interest, etc
##### 375
- (1) If at any time—
- (a) the interest on a loan ceases to be relevant loan interest; or
- (b) a person making payments of relevant loan interest ceases to be a qualifying borrower;
the borrower shall give notice of the fact to the lender.
- (2) Without prejudice to subsection (3) below, in relation to a payment of interest—
- (a) which is due after the time referred to in subsection (1) above and before the date on which notice is given under that subsection, and
- (aa) as respects which any of the conditions mentioned in section 374(1) is fulfilled, and
- (b) from which a deduction was made as mentioned in section 369(1),
section 369 shall have effect as if the payment were a payment of relevant loan interest made by a qualifying borrower.
- (3) Nothing in subsection (2) above shall be taken as regards the borrower as entitling him to any deduction or to retain any amount deducted and, accordingly, where any amount that has been deducted exceeds the amount which ought to have been deducted, he shall be liable to make good the excess and an inspector may make such assessments as may in his judgment be required for recovering the excess.
- (4) The Management Act shall apply to an assessment under subsection (3) above as if it were an assessment to income tax for the year of assessment in which the deduction was made.
- (4A) If there is any unreasonable delay in the giving of a notice under subsection (1) above, the borrower shall be liable to a penalty not exceeding so much of the aggregate amount that he is liable to make good under subsection (3) above as is attributable to that delay.
- (5) If, as a result of receiving a notice under subsection (1) above or otherwise, a qualifying lender has reason to believe that any interest is no longer relevant loan interest or that a borrower is no longer a qualifying borrower, the lender shall furnish the Board with such information as is in his possession with respect to those matters.
- (6) Where it appears to the Board that any of the provisions of sections 370 to 373 is not or may not be fulfilled with respect to any interest, or that a qualifying borrower has or may have ceased to be a qualifying borrower, they shall give notice of that fact to the lender and the borrower specifying the description of relevant loan interest concerned or, as the case may be, that the borrower has or may have ceased to be a qualifying borrower.
- (7) Section 369 shall not apply to any payment of relevant loan interest of a description to which a notice under subsection (6) above relates and which becomes due or is made after such date as may be specified in the notice and before such date as may be specified in a further notice given by the Board to the lender and the borrower.
- (8) In any case where—
- (a) section 369 applies to any relevant loan interest by virtue of a notice under section 374(1)(b), and
- (b) the relevant date specified in the notice is earlier than the date from which the interest begins to be paid under deduction of tax, and
- (c) a payment of that interest was made on or after the relevant date but not under deduction of tax,
regulations may provide for a sum to be paid by the Board of an amount equal to that which the borrower would have been able to deduct from that payment by virtue of section 369 if it had been made after the relevant date.
- (8A) In any case where an amount to which a person is not entitled is paid to him by the Board in pursuance of regulations made by virtue of subsection (8) above, regulations may—
- (a) provide for an officer of the Board to make such assessments as may in his judgment be required for recovering that amount from that person; and
- (b) make provision corresponding to that made by subsection (4A) above and subsections (4) and (5) of section 374A.
- (8B) Subsections (1), (5) and (6) above shall not apply where interest ceases to be relevant loan interest by virtue of section 38 of the Finance Act 1999.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying borrowers and qualifying lenders
##### 376
- (1) Subject to subsection (2) below, an individual is a qualifying borrower with respect to the interest on any loan.
- (2) In relation to interest paid at a time when the borrower or the borrower’s husband or wife holds an office or employment which would, but for some special exemption or immunity from tax, be a taxable employment under Part 2 of ITEPA 2003 (as defined by section 66(3) of that Act), the borrower is not a qualifying borrower.
- (3) In subsection (2) above references to the borrower’s husband or wife do not include references to a separated husband or wife . . . .
- (4) The following bodies are qualifying lenders:—
- (a) a building society;
- (b) a local authority;
- (c) the Bank of England;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;
- (f) any company to which property and rights belonging to a trustee savings bank were transferred by section 3 of the Trustee Savings Bank Act 1985;
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) a development corporation within the meaning of the New Towns Act 1981 or the New Towns (Scotland) Act 1968;
- (j) the Homes and Communities Agency;
- (k) the Housing Corporation;
- (ka) the Secretary of State if the loan is made by him under section 79 of the Housing Associations Act 1985;
- (l) the Northern Ireland Housing Executive;
- (m) the Scottish Special Housing Association;
- (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (o) the Church of England Pensions Board;
- (p) any body which is for the time being registered under section 376A.
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Variation of terms of repayment of certain loans
##### 377
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary regulations
##### 378
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The Board may by regulations make provision—
- (a) for the purposes of any provision of sections 369 to 376A which relates to any matter or thing to be specified by or done in accordance with regulations;
- (b) for the application of those sections in relation to loan interest paid by personal representatives and trustees;
- (c) with respect to the furnishing of information by borrowers or lenders, including, in the case of lenders, the inspection of books, documents and other records on behalf of the Board;
- (d) for, and with respect to, appeals to the tribunal against the refusal of the Board to issue a notice under section 374(1)(b) or the issue of a notice under section 375(6) or (7); and
- (e) generally for giving effect to sections 369 to 376A.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 369 to 378
##### 379
In sections 369 to 378—
- “contracts of general insurance” means contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contracts of long-term insurance” means contracts which fall within Part II of that Schedule;
- “*prescribed*” . . . means prescribed by the Board;
- “*qualifying borrower*” has the meaning given by section 376(1) to (3);
- “*qualifying lender*” has the meaning given by section 376(4) . . . ;
- “*regulations*” . . . means regulations made by the Board under section 378;
- “*relevant loan interest*” has the meaning given by section 370(1);
- “*separated*” means separated under an order of a court of competent jurisdiction or by deed of separation or in such circumstances that the separation is likely to be permanent.
## PART X — LOSS RELIEF AND GROUP RELIEF
### CHAPTER I — LOSS RELIEF: INCOME TAX
### Trade etc. losses
#### Set-off against general income
##### 380
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further relief for individuals for losses in early years of trade
##### 381
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 380 and 381
##### 382
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Extension of right of set-off to capital allowances
##### 383
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restrictions on right of set-off
##### 384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward against subsequent profits
##### 385
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward where business transferred to a company
##### 386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward as losses of amounts taxed under section 350
##### 387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-back of terminal losses
##### 388
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions relating to carry-back of terminal losses
##### 389
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of interest as a loss for purposes of carry-forward and carry-back
##### 390
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Losses from trade etc. carried on abroad
##### 391
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Case VI losses
#### Case VI losses
##### 392
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — LOSS RELIEF: CORPORATION TAX
### Trade etc. losses
#### Losses other than terminal losses
##### 393
- (1) Where in any accounting period a company carrying on a trade incurs a loss in the trade, the company may make a claim requiring that the loss be set off for the purposes of corporation tax against any trading income from the trade in succeeding accounting periods; and (so long as the company continues to carry on the trade) its trading income from the trade in any succeeding accounting period shall then be treated as reduced by the amount of the loss, or by so much of that amount as cannot be relieved under this subsection, or (if a claim is made under section 393A(1)) under section 393A(1) or 393B(3), against income or profits of an earlier accounting period.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The amount of a loss incurred in a trade in an accounting period shall be computed for the purposes of this section in the same way as trading income from the trade in that period would have been computed.
- (8) For the purposes of this section “*trading income*” means, in relation to any trade, the income which falls or would fall to be included in respect of the trade in the total profits of the company; but where—
- (a) in an accounting period a company incurs a loss in a trade in respect of which it is within the charge to corporation tax under Chapter 2 of Part 3 of CTA 2009, and
- (b) in any later accounting period to which the loss or any part of it is carried forward under subsection (1) above relief in respect thereof cannot be given, or cannot wholly be given, because the amount of the trading income of the trade is insufficient,
any interest or dividends on investments which would fall to be taken into account as trading receipts in computing that trading income but for the fact that they have been subjected to tax under other provisions shall be treated for the purposes of subsection (1) above as if they were trading income of the trade.
- (9) Where in an accounting period the charges on income paid by a company—
- (a) exceed the amount of the profits against which they are deductible, and
- (b) include payments made wholly and exclusively for the purposes of a trade carried on by the company,
then, up to the amount of that excess or of those payments, whichever is the less, the charges on income so paid shall in computing a loss for the purposes of subsection (1) above be deductible as if they were trading expenses of the trade.
- (10) In this section references to a company carrying on a trade refer to the company carrying it on so as to be within the charge to corporation tax in respect of it.
- (11) A claim under subsection (1) above must be made within six years after the end of the accounting period in which the loss is incurred, and must be so made notwithstanding that relief cannot be given in respect of the loss until after the end of that period of six years; . . ..
#### Terminal losses
##### 394
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leasing contracts and company reconstructions
##### 395
- (1) Subject to the provisions of this section, if—
- (a) under a contract entered into on or after 6th March 1973 a company (“*the first company*”) incurs capital expenditure on the provision of plant or machinery which the first company lets to another person by another contract (a “*leasing contract*”); and
- (b) apart from this subsection, the first company would be entitled under section 393(1) or in pursuance of a claim under section 393A(1) to relief in respect of losses incurred on the leasing contract; and
- (c) in the accounting period for which an annual investment allowance or a first-year allowance, within the meaning of Part 2 of the Capital Allowances Act, in respect of the expenditure referred to in paragraph (a) above is made to the first company, arrangements are in existence by virtue of which, at some time during or after the expiry of that accounting period, a successor company will be able to carry on any part of the first company’s trade which consists of or includes the performance of all or any of the obligations which, apart from the arrangements, would be the first company’s obligations under the leasing contract,
then, in the accounting period specified in paragraph (c) above and in any subsequent accounting period, the first company shall not be entitled . . . as mentioned in paragraph (b) above except in computing its profits (if any) arising under the leasing contract.
- (2) For the purposes of this section a company is a successor of the first company if the circumstances are such that—
- (a) section 343 applies in relation to the first company and the other company as the predecessor and the successor within the meaning of that section; or
- (b) the two companies are connected with each other within the terms of section 839.
- (3) For the purposes of this section losses incurred on a leasing contract and profits arising under such a contract shall be computed as if the performance of the leasing contract were a trade begun to be carried on by the first company, separately from any other trade which it may carry on, at the commencement of the letting under the leasing contract.
- (4) In determining whether the first company would be entitled . . . as mentioned in subsection (1)(b) above, any losses incurred on the leasing contract shall be treated as incurred in a trade carried on by that company separately from any other trade which it may carry on.
- (5) In this section “*arrangements*” means arrangements of any kind whether in writing or not.
### Case VI losses
#### Case VI losses
##### 396
- (1) Subject to subsection (2) below, where in any accounting period a company incurs a loss in a transaction in respect of which the company is within the charge to corporation tax under or by virtue of a relevant provision, the company may make a claim requiring that the loss be set off against the amount of any income arising from transactions in respect of which the company is assessed to corporation tax charged under or by virtue of a provision to which section 834A (miscellaneous charges) applies for the same or any subsequent accounting period; and the company’s income in any accounting period from such transactions shall then be treated as reduced by the amount of the loss, or by so much of that amount as cannot be relieved under this section against income of an earlier accounting period.
- (2) In this section “*relevant provision*” means any provision to which section 834A applies, except section 761(1)(b)(ii) (offshore income gains).
- (2A) Subsection (2B) applies to any loss made by a company in a transaction if—
- (a) the transaction was of such a nature that, if any profits had arisen from it, the company would have been liable to corporation tax in respect of the profits under Case VI of Schedule D for an accounting period ending before 1 April 2009, and
- (b) the transaction—
- (i) did not fall within section 34, 35 or 36 (lease premiums etc), and
- (ii) was not a disposal made after 31 March 2007 to which Chapter 5 of Part 17 (offshore funds) applied.
- (2B) So far as relief for the loss has not previously been given, the loss is to be treated as a loss to be set off against income in accordance with subsection (1).
- (3) A claim under this section must be made within six years after the end of the accounting period in which the loss is incurred and must be so made notwithstanding that relief cannot be given in respect of the loss until after the end of that period of six years .
### CHAPTER III — LOSS RELIEF: MISCELLANEOUS PROVISIONS
#### Restriction of relief in case of farming and market gardening
##### 397
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Any loss incurred in any accounting period by a company in carrying on a trade of farming or market gardening shall be excluded from section 393(2) if a loss, computed without regard to capital allowances, was incurred in carrying on that trade in that accounting period, and in each of the chargeable periods wholly or partly comprised in the prior five years.
- (3) This section shall not restrict relief for any loss or for any capital allowance in any case—
- (a) where the whole of the farming or market gardening activities in the year next following the prior five years are of such a nature, and carried on in such a way, as would have justified a reasonable expectation of the realisation of profits in the future if they had been undertaken by a competent farmer or market gardener, but
- (b) where, if that farmer or market gardener had undertaken those activities at the beginning of the prior period of loss, that farmer or market gardener could not reasonably have expected the activities to become profitable until after the end of the year next following the prior period of loss.
- (4) This section shall not restrict relief where the carrying on of the trade forms part of, and is ancillary to, a larger trading undertaking.
- (5) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- credits or debits within Schedule 26 to the Finance Act 2002 (derivative contracts).
- This Schedule does not affect the operation of those provisions.
- (3)
- (1) For the purposes of this Schedule a right to use a caravan or houseboat, where the use to which the caravan or houseboat may be put in pursuance of the right is confined to use at a single location in the United Kingdom, is treated as a right deriving from an estate or interest in land in the United Kingdom.
- (2) In sub-paragraph (1)—
- “*caravan*” has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960; and
- “*houseboat*” means a boat or similar structure designed or adapted for use as a place of human habitation.
- (4)
- (1) In the case of a furnished letting, any sum payable for the use of furniture shall be taken into account in computing the profits chargeable to tax under this Schedule in the same way as rent.
Expenses in connection with the provision of furniture shall similarly be taken into account in the same way as expenses in connection with the premises.
- (2) A furnished letting means where—
- (a) a sum is payable in respect of the use of premises, and
- (b) the tenant or other person entitled to the use of the premises is also entitled, in connection with that use, to the use of furniture.
- (3) This paragraph does not apply if the receipts and expenses are taken into account in computing the profits of a trade consisting in, or involving, making furniture available for use in premises.
- (4) In this paragraph—
- (a) any reference to a sum includes the value of consideration other than money, and references to a sum being payable shall be construed accordingly; and
- (b) “*premises*” includes a caravan or houseboat within the meaning of paragraph 3.
- (1A) In the case of a company which is not resident in the United Kingdom—
- (a) businesses carried on and transactions entered into by it the profits of which are within the charge to corporation tax under Schedule A, and
- (b) businesses carried on and transactions entered into by it the profits of which are the profits of a UK property business within the charge to income tax under Chapter 3 of Part 3 of ITTOIA 2005,
are treated for the purposes of those charges as separate businesses.
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*prior five years*” means, in relation to a loss incurred in a company's accounting period, the last five years before the beginning of that period;
- “*prior period of loss*” means the prior five years, except that, if losses were incurred in the trade in successive . . . chargeable periods amounting in all to a period longer than five years (and ending when the prior five years end), it means that longer period, and for this purpose“*losses*” means losses computed without regard to capital allowances; and
- “*farming*” and “*market gardening*” shall be construed in accordance with the definitions in section 832, but as if those definitions were not restricted to activities in the United Kingdom.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In ascertaining for the purposes of this section whether a loss was incurred in any part of the prior five years or earlier, the rules applicable to the calculation of the profits of a trade in Part 3 of CTA 2009 (or in Part 2 of ITTOIA 2005) shall be applied; and in this section “*loss computed without regard to capital allowances*” means . . . a loss so ascertained, but disregarding—
- (a) any allowance or charge under the Capital Allowances Act (including enactments which under this Act are to be treated as contained in that Act); and
- (b) any provision of that Act requiring allowances and charges to be treated as expenses and receipts of the trade.
- (8) This section shall not restrict relief for any loss or capital allowance if the trade was set up and commenced within the prior five years, and, for the purposes of this subsection a trade shall be treated as discontinued, and a new trade set up in the event of any of the following—
- (a) a company starting or ceasing to be within the charge to corporation tax in respect of a trade;
- (b) a change in the persons carrying on a trade which involves all of the persons carrying it on before the change permanently ceasing to carry it on; or
- (c) a change in the persons carrying on a trade not falling within paragraph (b) if—
- (i) immediately before the change, the trade is carried on by persons who include a company and after the change, no company that carried on the trade in partnership immediately before the change continues to carry it on in partnership, or
- (ii) immediately before the change, no company carries on the trade in partnership, and immediately after the change, the trade is carried on in partnership by persons who include a company.
- (9) For the purposes of subsection (8) above a trade shall not be treated as discontinued if the change in the persons carrying on the trade is a cessation to which section 343(1) applies.
- (10) Where at any time there has been a change in the persons carrying on a trade, this section shall, notwithstanding subsection (8) above, apply as if—
- (a) a husband and his wife were the same person, . . .
- (ab) two civil partners of each other were the same person,
- (b) a husband or his wife were the same person as any company of which either the husband or the wife has control, or of which the two of them have control; and
- (c) a civil partner of another were the same person as any company of which either of the civil partners has control, or of which the two of them have control;
and accordingly relief . . . may be restricted under this section by reference to losses (computed without regard to capital allowances) some of which are incurred in an accounting period wholly or partly comprised in the prior five years and some of which are incurred in a year of assessment wholly or partly comprised in the prior five years.
#### Transactions in deposits with and without certificates or in debts
##### 398
Where a company sustains a loss on the exercise or disposal of a right to receive any amount, being a right to which section 56(2) . . . applies, in a case where—
- (a) if a profit had arisen from that exercise or disposal, that profit would have been chargeable to corporation tax by virtue of section 56(2) . . . , and
- (b) the company is chargeable to corporation tax under Part 5 of CTA 2009 (loan relationships) in respect of interest payable on that amount,
then the amount of that interest shall be included in the amounts against which the amount of its loss may be set off under section 396..
#### Dealings in commodity futures etc: withdrawal of loss relief
##### 399
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Relief shall not be given to any company under section393A(1) in respect of a loss sustained in a trade of dealing in commodity futures if—
- (a) the loss was sustained in a trade carried on in partnership . . . ; and
- (b) a scheme has been effected or arrangements have been made (whether by the partnership agreement or otherwise) such that the sole or main benefit that might be expected to accrue to that company from its interest in the partnership was the obtaining of a reduction in corporation tax liability by means of any such relief.
- (3) Where relief has been given in a case to which subsection (2) above applies it shall be withdrawn by the making of an assessment to corporation tax . . . .
- (4) Subsection (2) above does not apply where the scheme was effected or the arrangements were made wholly before 6th April 1976.
- (5) In this section “*commodity futures*”, “*financial futures*” and “*qualifying options*” have the same meanings as in section 143 of the 1992 Act. . . .
#### Write-off of government investment
##### 400
- (1) Where any amount of government investment in a body corporate is written-off on or after 6th April 1988, an amount equal to the amount written-off shall be set off against the body’s tax losses as at the end of the accounting period ending last before the write-off date and, to the extent to which that amount exceeds those losses, against the body’s tax losses as at the end of the next accounting period and so on.
- (2) For the purposes of subsection (1) above a body’s tax losses as at the end of an accounting period are—
- (a) any losses which under section 393(1) are . . . available for relief against its trading income for the next accounting period;
- (b) in the case of a company with investment business, within the meaning of Part 16 of CTA 2009, any excess that falls to be deducted under section 1223(3) of that Act;
- (bb) any losses which—
- (i) under section 392A(2) or 392B are carried forward to the next accounting period, or
- (ii) under section 392A(3) are to be carried forward to the next accounting period and treated for the purposes of Chapter 2 of Part 16 of CTA 2009 as if they were expenses of management deductible for that period;
- (c) any allowances which under section 260(2) of the Capital Allowances Act are available for carry forward to the next accounting period;
- (d) any amount paid by way of charges on income so far as it exceeds the company’s profit for the period and is not taken into account under section 393(9) of this Act or section 1223 of CTA 2009; and
- (e) any allowable losses available under 8 of the 1992 Act so far as not allowed in that or a previous accounting period.
- (3) The set off to be made under subsection (1) above for any accounting period shall be made first against the amounts in paragraphs (a) to (d) of subsection (2) above and, so far as it cannot be so made, against the amount in paragraph (e) of that subsection.
- (4) For the purposes of subsection (1) above there shall be excluded from a body’s tax losses as at the end of the accounting period ending last before the write-off date any amounts in respect of which a claim has been made before the write-off date under section 393A(1) or 402 of this Act or section 260(3) of the Capital Allowances Act but the body’s tax losses as at the end of any subsequent accounting period shall be determined as if no such claim had been made on or after that date.
- (5) Any amount that could be set off under subsection (1) above against a body’s tax losses as at the end of an accounting period (or could be so set off if that body then had any such losses) may be set off against the tax losses of any other body corporate which at the end of that period is a member of the same group as the first-mentioned body, or partly against the tax losses of one member of that group and partly against those of the other or any of the others, as may be just and reasonable.
- (6) Expenditure shall not be treated for the purposes of section 532 or 536 of the Capital Allowances Act or section 50 of the 1992 Act as met by the Crown by reason only of the writing-off of any government investment in the body in question and a sum shall not by reason only of any such writing-off be treated as not having been deductible in computing the profits of that body for the purposes of Part 3 of CTA 2009.
- (7) For the purposes of this section an amount of government investment in a body corporate is written-off—
- (a) if its liability to repay any money lent to it out of public funds by a Minister of the Crown or the Scottish Ministers is extinguished;
- (b) if any of its shares for which a Minister of the Crown has , or the Scottish Ministers have, subscribed out of public funds are cancelled; or
- (c) if its commencing capital debt is reduced otherwise than by being paid off or its public dividend capital is reduced otherwise than by being repaid (including, in either case, a reduction to nil);
and the amount written-off and the write-off date are the amount in respect of which the liability is extinguished and the date on which it is extinguished, the amount subscribed for the shares that are cancelled and the date of cancellation or the amount of reduction in the commencing capital debt or public dividend capital and the date of the reduction, as the case may be.
- (8) In subsection (7) above “*commencing capital debt*” means any debt to a Minister of the Crown or the Scottish Ministers assumed as such under an enactment and “*public dividend capital*” means any amount paid by a Minister of the Crown or the Scottish Ministers under an enactment in which that amount is so described or under an enactment corresponding to an enactment in which a payment made on similar terms to another body is so described.
- (9) This section shall not have effect in relation to any amount written-off if and to the extent to which it is replaced by money lent, or a payment made, out of public funds or by shares subscribed for, whether for money or money’s worth, by a Minister of the Crown or the Scottish Ministers.
- (9A) Nothing in section 464(1) of CTA 2009 (matters to be brought into account in the case of loan relationships only under Part 5 of that Act) shall be construed as preventing this section from applying where a government investment in a body corporate is written off by the extinguishment, in whole or in part, of any liability under a loan relationship.
- (10) In this section—
- “*body corporate*” means any body corporate which is a company for the purposes of corporation tax;
- “*group*” means a company having one or more 51 per cent. subsidiaries and that or those subsidiaries; and
- “*Minister of the Crown*” includes a Northern Ireland department.
#### Relief for pre-trading expenditure
##### 401
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — GROUP RELIEF
#### Surrender of relief between members of groups and consortia
##### 402
- (1) Subject to and in accordance with this Chapter and section 492(8)—
- (a) relief for trading losses and other amounts eligible for relief from corporation tax, or
- (b) losses and other amounts not eligible for relief from corporation tax,
may, in the cases set out in subsections (2) and (3) below, be surrendered by a company (“*the surrendering company*”) and, on the making of a claim by another company (“*the claimant company*”) may be allowed to the claimant company by way of a relief from corporation tax called “*group relief*”.
- (2) In respect of amounts falling within subsection (1)(a) above, group relief shall be available in a case where—
- (a) the surrendering company and the claimant company are both members of the same group,
- (b) the surrendering company is resident in the United Kingdom or is not so resident but carries on a trade there through a permanent establishment, and
- (c) the claimant company is resident in the United Kingdom or is not so resident but carries on a trade there through a permanent establishment,
and, in respect of amounts falling within subsection (1)(b) above, group relief shall be available in a case where the condition in subsection (2A) below is satisfied.
A claim made by virtue of this subsection is referred to as a “*group claim*”.
- (2A) The condition in this subsection is satisfied if the surrendering company is within the charge to tax under the law of any EEA territory and—
- (a) the surrendering company is a 75 per cent. subsidiary of the claimant company and the claimant company is resident in the United Kingdom, or
- (b) both the surrendering company and the claimant company are 75 per cent. subsidiaries of a third company that is resident in the United Kingdom.
- (2B) For the purposes of subsection (2A) above, the surrendering company is within the charge to tax under the law of any EEA territory if—
- (a) it is a non-resident company which is resident in any EEA territory, or
- (b) it is a non-resident company which is not resident in any EEA territory but which carries on a trade in any EEA territory through a permanent establishment.
- (3A) A consortium claim shall not be made unless the following condition is satisfied in the case of both the surrendering company and the claimant company.
- (3B) The condition is that the company is resident in the United Kingdom or is a non-resident company carrying on a trade in the United Kingdom through a permanent establishment.
- (4) A consortium claim shall not be made . . . if a profit on a sale of the share capital of the other company or its holding company which the member owns would be treated as a trading receipt of that member.
- (5) Subject to the provisions of this Chapter, two or more claimant companies may make claims relating to the same surrendering company, and to the same accounting period of that surrendering company.
- (6) A payment for group relief—
- (a) shall not be taken into account in computing profits or losses of either company for corporation tax purposes, and
- (b) shall not for any of the purposes of the Corporation Tax Acts be regarded as a distribution . . . ;
and in this subsection “*a payment for group relief*” means a payment made by the claimant company to the surrendering company in pursuance of an agreement between them as respects an amount surrendered by way of group relief, being a payment not exceeding that amount.
#### Losses etc. which may be surrendered by way of group relief
##### 403
- (1) If in an accounting period (the “surrender period") the surrendering company has—
- (a) trading losses, excess capital allowances or a non-trading deficit on its loan relationships, or
- (b) charges on income, UK property business losses, management expenses or a non-trading loss on intangible fixed assets available for group relief,
the amount may, subject to the provisions of this Chapter, be set off for the purposes of corporation tax against the total profits of the claimant company for its corresponding accounting period.
- (2) Trading losses, excess capital allowances and a non-trading deficit on the company’s loan relationships are eligible for surrender as group relief even if the surrendering company has other profits of the surrender period against which they could be set.
Further provision about relief in respect of amounts eligible for surrender under this subsection is contained in sections 403ZA to 403ZC.
- (3) Charges on income, UK property business losses, management expenses and a non-trading loss on intangible fixed assets are available for surrender as group relief only to the extent that in aggregate they exceed the surrendering company’s gross profits for the surrender period.
Any excess surrendered shall be taken to consist first of charges on income, then UK property business losses, management expenses and finally a non-trading loss on intangible fixed assets.
Further provision about relief in respect of amounts available for surrender under this subsection is contained in section 403ZD.
- (4) This section has effect subject to—
- section 404 (limitation of group relief in relation to certain dual resident companies), and
- sections 492(8) and 494A (oil extraction activities: availability of group relief against ring fence profits), and
- section 785ZA (restrictions on use of losses: leasing partnerships), and
- paragraph 38 of Schedule 10 to the Finance Act 2006 (sale etc of lessor companies etc: anti-avoidance).
#### Limitation of group relief in relation to certain dual resident companies
##### 404
- (1) Notwithstanding any other provision of this Chapter, no loss or other amount shall be available for set off by way of group relief in accordance with section 403 if, in the material accounting period of the company which would otherwise be the surrendering company, that company is for the purposes of this section a dual resident investing company.
- (2) In this section “*the material accounting period*” means, according to the kind of group relief which would be appropriate, the accounting period—
- (a) in which the trading loss or UK property business loss is incurred; or
- (aa) in which the non-trading deficit on the company’s loan relationships arises; or
- (b) for which the capital allowances fall to be made; or
- (c) for which the expenses of management are deductible; or
- (d) for which the amount is paid by way of charges on income;
but subsection (1) above does not have effect unless the material accounting period begins on or after 1st April 1987.
- (3) In Schedule 17—
- (a) Part I has effect where an accounting period of a company in which it is a dual resident investing company begins before and ends on or after 1st April 1987 and references in subsections (1) and (2) above to the material accounting period shall be construed accordingly; and
- (b) Part II has effect with respect to the time at which certain interest and other payments are to be treated as paid.
- (4) A company is for the purposes of this section a dual resident company in any accounting period in which—
- (a) it is resident in the United Kingdom; and
- (b) it is also within a charge to tax under the laws of a territory outside the United Kingdom—
- (i) because it derives its status as a company from those laws; or
- (ii) because its place of management is in that territory; or
- (iii) because under those laws it is for any other reason regarded as resident in that territory for the purposes of that charge.
- (5) In any accounting period throughout which it is not a trading company, a dual resident company is for the purposes of this section an investing company.
- (6) In any accounting period of a dual resident company in which it is a trading company, the company is nevertheless for the purposes of this section an investing company if—
- (a) in that period it carries on a trade of such a description that its main function or one of its main functions consists of all or any of the following, namely—
- (i) acquiring and holding, directly or indirectly, shares, securities or investments of any other description, including interests in companies (resident outside, as well as in, the United Kingdom) with which the dual resident company is connected, within the terms of section 839;
- (ia) making payments in relation to which, being payments under loan relationships, any debits fall to be brought into account for the purposes of Part 5 of CTA 2009;
- (ii) making payments which, by virtue of any enactment, are charges on income for the purposes of corporation tax;
- (iii) making payments (of interest or other sums) which are similar to those referred to in sub-paragraph (ii) above but which are deductible in computing the profits of the company for the purposes of corporation tax;
- (iv) obtaining funds (by borrowing or in any other manner whatsoever) for the purpose of, or otherwise in connection with, any of the activities referred to in sub-paragraphs (i) to (iii) above; or
- (b) it does not fall within paragraph (a) above, but in that accounting period it carries on all or any of the activities referred to in sub-paragraphs (i) to (iv) of that paragraph and does so—
- (i) to an extent which does not appear to be justified by any trade which it does carry on; or
- (ii) for a purpose which does not appear to be appropriate to any such trade; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In this section “*debtor relationship*” has the same meaning as in Part 5 of CTA 2009 (see section 302(6) of that Act).
#### Claims relating to losses etc. of members of both group and consortium
##### 405
- (1) For the purposes of a consortium claim in respect of the loss or other amount of any relevant accounting period of a group/consortium company, that loss or other amount shall be treated as reduced (or, as the case may be, extinguished) by first deducting therefrom the potential relief attributable to group claims.
- (2) Subject to subsection (3) below, in relation to the loss or other amount of a relevant accounting period of a group/consortium company, the potential relief attributable to group claims is the aggregate amount of group relief that would be claimed if every company which, as a member of the same group of companies as the group/consortium company, could make a group claim in respect of that loss or other amount made such a claim for an amount which, when set against the claimant company’s total profits for its corresponding accounting period, would equal those profits.
- (3) Where for any accounting period another member of the group of companies of which the group/consortium company is a member has a loss or other amount available for relief and one or more group claims is or are in fact made in respect of that loss or other amount, account shall be taken of the relief so claimed before determining (in relation to the loss or other amount of the group/consortium company) the potential relief attributable to group claims under subsection (2) above.
- (4) In any case where—
- (a) a consortium claim is made by a group/consortium company in respect of a loss or other amount of an accounting period of a member of the consortium, and
- (b) the corresponding accounting period of the group/consortium company is a relevant accounting period,
the total profits of the corresponding accounting period of the group/consortium company against which an amount may by virtue of that claim be set off by way of group relief shall be treated as reduced (or as the case may be extinguished) by deducting therefrom the potential relief available to the group/consortium company by way of group claims.
- (5) Subject to subsection (6) below, in relation to a relevant accounting period of a group/consortium company, the potential relief available to the company by way of group claims is the maximum amount of group relief that could be claimed by the company for that accounting period on group claims relating to the losses or other amounts available for relief of other members of the group of companies of which the group/consortium company is a member.
- (6) Where another member of the group of companies of which the group/consortium company is a member in fact makes one or more group claims in respect of losses or other amounts of other members of the group, account shall be taken of the relief already claimed by that company in determining the potential relief available to the group/consortium company by way of group claims under subsection (5) above.
#### Claims relating to losses etc. of consortium company or group member
##### 406
- (1) In this section—
- (a) “*link company*” means a company which is a member of a consortium and is also a member of a group of companies; and
- (b) “*consortium company*”, in relation to a link company, means a company owned by the consortium of which the link company is a member; and
- (c) “*group member*”, in relation to a link company, means a company which is a member of the group of which the link company is also a member but is not itself a member of the consortium of which the link company is a member.
- (2) Subject to subsections (3) and (4) below, where the link company could (disregarding any deficiency of profits) make a consortium claim in respect of the loss or other amount eligible for relief of a relevant accounting period of a consortium company, a group member may make any consortium claim which could be made by the link company; and the fraction which is the relevant fraction for the purposes of section 403C where a group member is the claimant company shall be the same as it would be if the link company were the claimant company.
- (3) Sections 403A to 403C shall have effect in relation to a consortium claim made by a group member by virtue of subsection (2) above as if any time when the claimant company was not a member of the group—
- (a) were not comprised in the period which is the overlapping period in the case of that claim; and
- (b) were to be treated instead as if it constituted a part of the claim period which did not coincide with any part of the accounting period of the surrendering company to which the claim relates.
- (4) The maximum amount of relief which, in the aggregate, may be claimed by group members and the link company by consortium claims relating to the loss or other amount of a relevant accounting period of a consortium company shall not exceed the relief which could have been claimed by the link company (disregarding any deficiency of profits) if subsections (2) and (3) above had not been enacted.
- (5) Subject to subsections (6) to (8) below, where a group member has for a relevant accounting period a loss or other amount available for relief, a consortium company may make any claim in respect of that loss or other amount which it could make if the group member were a member of the consortium at all times when the link company was such a member, but not at any other time.
- (6) The fraction which is the relevant fraction for the purposes of section 403C in relation to a consortium claim made by virtue of subsection (5) above shall be the same as it would be if the link company were the surrendering company, except that the overlapping period in respect of which the relevant fraction is to be ascertained shall be that of the group member which is in fact the surrendering company.
- (7) Sections 403A to 403C shall have effect in relation to a consortium claim made by a consortium company by virtue of subsection (5) above as if any time when the surrendering company was not a member of the group—
- (a) were not comprised in the period which is the overlapping period in the case of that claim; and
- (b) were to be treated instead as if it constituted a part of the claim period that did not coincide with any part of the accounting period of the surrendering company to which the claim relates.
- (8) For any accounting period of a consortium company (“*the claimant company’s accounting period*”) the maximum amount of relief which, in the aggregate, may be claimed by that company by consortium claims relating to the losses or other amounts of accounting periods of the link company and group members shall not exceed the maximum amount of relief available to the claimant company on a consortium claim in respect of which—
- (a) the link company was the surrendering company; and
- (b) the link company’s accounting period was the same as the claimant company’s accounting period.
#### Relationship between group relief and other relief
##### 407
- (1) Group relief for an accounting period shall be allowed as a deduction against the claimant company’s total profits for the period—
- (a) before reduction by any relief derived from a subsequent accounting period, but
- (b) as reduced by any other relief from tax (including relief in respect of charges on income under section 338(1) of this Act or by virtue of section 388, 389 or 391 or Chapter 16 of Part 5 of CTA 2009 (non-trading deficits)) determined on the assumption that the company makes all relevant claims under section 393A(1) of this Act and section 260(3) of the Capital Allowances Act(set-off of capital allowances against total profits).
- (2) For the purposes of this section “*relief derived from a subsequent accounting period*” means—
- (a) relief under section 393A(1)(b) in respect of a loss incurred in an accounting period after the accounting period the profits of which are being computed; and
- (b) relief under section 260(3) of the Capital Allowances Act in respect of capital allowances falling to be made for an accounting period after the accounting period the profits of which are being computed; and
- (c) relief in pursuance of a claim under section 389 or 459 of CTA 2009 (non-trading deficits) in respect of any deficit for a deficit period after the accounting period the profits of which are being computed.
- (3) The reductions to be made in total profits of an accounting period against which any relief derived from a subsequent accounting period is to be set off shall include any group relief for that first-mentioned accounting period.
#### Corresponding accounting periods
##### 408
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Companies joining or leaving group or consortium
##### 409
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Arrangements for transfer of company to another group or consortium
##### 410
- (1) If, apart from this section, two companies (“*the first company*” and “*the second company*”) would be treated as members of the same group of companies and—
- (a) in an accounting period one of the two companies has trading losses or other amounts eligible for relief from corporation tax which it would, apart from this section, be entitled to surrender by way of group relief; and
- (b) arrangements are in existence by virtue of which, at some time during or after the expiry of that accounting period—
- (i) the first company or any successor of it could cease to be a member of the same group of companies as the second company and could become a member of the same group of companies as a third company; or
- (ii) any person has or could obtain, or any persons together have or could obtain, control of the first company but not of the second; or
- (iii) a third company could begin to carry on the whole or any part of a trade which, at any time in that accounting period, is carried on by the first company and could do so either as a successor of the first company or as a successor of another company which is not a third company but which, at some time during or after the expiry of that accounting period, has begun to carry on the whole or any part of that trade;
then, for the purposes of this Chapter, the first company shall be treated as not being a member of the same group of companies as the second company.
- (2) If a trading company is owned by a consortium or is a 90 per cent. subsidiary of a holding company which is owned by a consortium and—
- (a) in any accounting period the trading company or a member of the consortium has trading losses or other amounts eligible for relief from corporation tax which it would, apart from this section, be entitled to surrender by way of group relief; and
- (b) arrangements are in existence by virtue of which—
- (i) the trading company or any successor of it could, at some time during or after the expiry of that accounting period, become a 75 per cent. subsidiary of a third company; or
- (ii) any person who owns, or any persons who together own, less than 50 per cent. of the ordinary share capital of the trading company has or together have, or could at some time during or after the expiry of that accounting period obtain, control of the trading company; or
- (iii) any person, other than a holding company of which the trading company is a 90 per cent. subsidiary, either alone or together with connected persons, holds or could obtain, or controls or could control the exercise of not less than 75 per cent. of the votes which may be cast on a poll taken at a general meeting of that trading company in that accounting period or in any subsequent accounting period; or
- (iv) a third company could begin to carry on, at some time during or after the expiry of that accounting period, the whole or any part of a trade which, at any time in that accounting period, is carried on by the trading company and could do so either as a successor of the trading company or as a successor of another company which is not a third company but which, at some time during or after the expiry of that accounting period, has begun to carry on the whole or any part of that trade;
then, for the purposes of this Chapter, the trading company shall be treated as though it did not (as the surrendering company or the claimant company) fall within section 402(3).
- (3) In any case where a trading company is a 90 per cent. subsidiary of a holding company which is owned by a consortium, any reference in subsection (2) above to the trading company, other than a reference in paragraph (b)(iv), shall be construed as including a reference to the holding company.
- (4) In this section “*third company*” means a company which, apart from any provision made by or under any such arrangements as are specified in paragraph (b) of either subsection (1) or subsection (2) above, is not a member of the same group of companies as the first company or, as the case may be, the trading company or the holding company to which subsection (2) above applies.
- (5) In subsections (1) and (2) above—
- “*arrangements*” means arrangements of any kind whether in writing or not;
- “*connected persons*” shall be construed in accordance with section 839 but as if subsection (7) of that section (persons acting together to control a company are connected) were omitted; and
- “*control*” has the meaning assigned by section 840.
- (6) For the purposes of subsections (1) and (2) above a company is the successor of another if it carries on a trade which, in whole or in part, the other company has ceased to carry on and the circumstances are such that—
- (a) section 343 applies in relation to the two companies as the predecessor and the successor within the meaning of that section; or
- (b) the two companies are connected with each other within the meaning of section 839.
- (7) Where by virtue of any enactment a Minister of the Crown or Northern Ireland department has power to give directions to a statutory body as to the disposal of assets belonging to, or to a subsidiary of, that body, the existence of that power shall not be regarded as constituting or as having at any time constituted an arrangement within the meaning of this section.
#### Exclusion of double allowances
##### 411
- (1) Relief shall not be given more than once in respect of the same amount, whether by giving group relief and by giving some other relief (in any accounting period) to the surrendering company, or by giving group relief more than once.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) Subsection (1) applies for corporation tax purposes (and does not apply for income tax purposes except so far as necessary to ensure its application for corporation tax purposes by virtue of section 9).
- (4) Part II contains further provisions relating to the charge to tax under Schedule A and under Chapter 3 of Part 3 of ITTOIA 2005 (profits of a property business).
#### Schedule B
##### 16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule C
##### 17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule D
##### 18
- (1) The Schedule referred to as Schedule D is as follows:—
- SCHEDULE D
- Tax under this Schedule shall be charged in respect of—the annual profits or gains arising or accruing—to any person residing in the United Kingdom from any kind of property whatever, whether situated in the United Kingdom or elsewhere, andto any person residing in the United Kingdom from any trade, profession or vocation, whether carried on in the United Kingdom or elsewhere, andto any person, whether a Commonwealth citizen or not, although not resident in the United Kingdom from any property whatever in the United Kingdom or from any trade, profession or vocation exercised within the United Kingdom, andall interest of money, annuities and other annual profits or gains not charged under Schedule A or under ITEPA 2003 as employment income, pension income or social security income, and not specially exempted from tax.
- (2) Tax under Schedule D shall be charged under the Cases set out in subsection (3) below, and subject to and in accordance with the provisions of the Tax Acts applicable to those Cases respectively.
- (3) The Cases are—
| Case I: | tax in respect of any trade carried on in the United Kingdom or elsewhere but not contained in Schedule A; |
| --- | --- |
| Case II: | tax in respect of any profession or vocation not contained in any other Schedule; |
| Case III: | tax in respect of— |
| | (a) any interest of money, whether yearly or otherwise, or any annuity or other annual payment, whether such payment is payable within or out of the United Kingdom, either as a charge on any property of the person paying the same by virtue of any deed or will or otherwise, or as a reservation out of it, or as a personal debt or obligation by virtue of any contract, or whether the same is received and payable half-yearly or at any shorter or more distant periods, but not including any payment chargeable under Schedule A, and |
| | (b) all discounts, and |
| | (c) income from securities which is payable out of the public revenue of the United Kingdom or Northern Ireland; |
| Case IV: | tax in respect of income arising from securities out of the United Kingdom . . . ; |
| Case V: | tax in respect of income arising from possessions out of the United Kingdom not being employment income, pension income or social security income on which tax is charged under ITEPA 2003; |
| Case VI: | tax in respect of any annual profits or gains not falling under any other Case of Schedule D and not charged by virtue of Schedule A or by virtue of ITEPA 2003 as employment income, pension income or social security income. |
- (3A) For the purposes of corporation tax subsection (3) above shall have effect as if the following Case were substituted for Cases III and IV, that is to say—
| Case III: | tax in respect of—(a) profits and gains which, as profits and gains arising from loan relationships, are to be treated as chargeable under this Case by virtue of Chapter II of Part IV of the Finance Act 1996;(b) any annuity or other annual payment which—(i) is payable (whether inside or outside the United Kingdom and whether annually or at shorter or longer intervals) in respect of anything other than a loan relationship; and(ii) is not a payment chargeable under Schedule A;(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
| --- | --- |
and as if Case V did not include tax in respect of any income falling within paragraph (a) of the substituted Case III.
- (3B) The references in Case IV of Schedule D to income arising from securities out of the United Kingdom, and in Case V of Schedule D to income arising from possessions out of the United Kingdom, shall be taken, in the case of relevant foreign holdings, to include references to the following—
- (a) any proceeds of such a sale or other realisation of coupons for foreign dividends as is effected by a bank in the United Kingdom which pays the proceeds over or carries them into an account;
- (b) any proceeds of a sale of such coupons to a dealer in coupons in the United Kingdom by a person who is not a bank or another dealer in coupons.
- (3C) In this section “*relevant foreign holdings*” means—
- (a) any securities issued by or on behalf of a government or a public or local authority in a country outside the United Kingdom; or
- (b) any shares or securities issued by or on behalf of a body of persons not resident in the United Kingdom;
and “securities” here includes loan stock and similar securities.
- (3D) In this section “*foreign dividends*” means—
- (a) in relation to relevant foreign holdings falling within subsection (3C)(a) above, interest or annual payments payable out of the revenue of the government or authority in question; and
- (b) in relation to relevant foreign holdings falling within subsection (3C)(b) above, any dividends, interest or annual payments payable in respect of the holdings in question.
- (3E) In this section—
- (a) “bank” has the meaning given by section 840A; and
- (b) references to coupons include, in relation to any foreign dividends, warrants for and bills of exchange purporting to be drawn or made in payment of those dividends.
- (4) The provisions of Schedule D and of subsection (2) above are without prejudice to any other provision of the Tax Acts directing tax to be charged under Schedule D or under one or other of the Cases set out in subsection (3) above, and tax directed to be so charged shall be charged accordingly.
- (4A) Subsections (1) to (4) apply for corporation tax purposes (and do not apply for income tax purposes except so far as necessary to ensure their application for corporation tax purposes by virtue of section 9).
- (5) Parts III and IV contain further provisions relating to the charge to tax under Schedule D and under ITTOIA 2005 (see, in particular, the charge under Chapter 2 of Part 2 of that Act (trade profits)).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule E
##### 19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule F
##### 20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART II — PROVISIONS RELATING TO THE SCHEDULE A CHARGE
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . Any reference in the Capital Allowances Act, except Parts 6 and 10, to an allowance made includes a reference to an allowance which would be made but for the granting of group relief, or but for that and but for an insufficiency of profits or other income against which to make it.
#### Claims and adjustments
##### 412
- (1) Claims for group relief are dealt with in Part VIII of Schedule 18 to the Finance Act 1998.
- (2) Paragraph 76 of that Schedule provides for assessments or other adjustments where group relief has been given which is or has become excessive.
#### Interpretation of Chapter IV
##### 413
- (1) The following provisions of this section have effect for the interpretation of this Chapter.
- (2) In this Chapter—
- “*claimant company*” has the meaning given by section 402(1);
- “*company*” means any body corporate;
- “*consortium claim*” means a claim for group relief made by virtue of section 402(3);
- “*EEA territory*”, in relation to any time, means a territory outside the United Kingdom which is within the European Economic Area at that time;
- “*group claim*” means a claim for group relief made by virtue of section 402(2);
- “*group/consortium company*” means a company which is both a member of a group of companies and a company owned by a consortium;
- “*group relief*” has the meaning given by section 402(1);
- “*non-resident company*” means a company that is not resident in the United Kingdom;
- “*relevant accounting period*” means an accounting period beginning after 31st July 1985; and
- “*surrendering company*” has the meaning given by section 402(1).
- (2A) For the purposes of group relief an accounting period of the claimant company which falls wholly or partly within an accounting period of the surrendering company shall be taken to correspond to that accounting period of the surrendering company.
- (3) For the purposes of this Chapter—
- (a) two companies shall be deemed to be members of a group of companies if one is the 75 per cent. subsidiary of the other or both are 75 per cent. subsidiaries of a third company;
- (b) “*holding company*” means a company the business of which consists wholly or mainly in the holding of shares or securities of companies which are its 90 per cent. subsidiaries and which are trading companies; and
- (c) “*trading company*” means a company the business of which consists wholly or mainly in the carrying on of a trade or trades.
- (4) In applying for the purposes of this Chapter the definition of “*75 per cent. subsidiary*” in section 838, any share capital of a registered industrial and provident society shall be treated as ordinary share capital.
- (5) . . . In determining for the purposes of this Chapter whether one company is a 75 per cent. subsidiary of another, the other company shall be treated as not being the owner—
- (a) of any share capital which it owns directly in a body corporate if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) of any share capital which it owns indirectly, and which is owned directly by a body corporate for which a profit on a sale of the shares would be a trading receipt;. . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) References to a company being owned by a consortium shall be construed in accordance with paragraph (a) below except for the purposes of the definition of “*group consortium company*” in subsection (2) above and of sections 403ZA(3), 406(1)(b) and 409(5), (6) and (7), and for those purposes shall be construed in accordance with paragraph (b) below—
- (a) a company is owned by a consortium if three-quarters or more of the ordinary share capital of the company is beneficially owned between them by companies of which none beneficially owns less than one-twentieth of that capital;
- (b) a company is owned by a consortium if—
- (i) it is either such a trading company as is referred to in paragraph (a) or (b) of subsection (3) of section 402 or such a holding company as is referred to in paragraph (c) of that subsection, and
- (ii) three-quarters or more of the ordinary share capital of the company or, in the case of a company within section 402(3)(b), of its holding company is beneficially owned between them by companies of which none beneficially owns less than one-twentieth of that capital;
and the companies which so own three-quarters or more of that ordinary share capital are in this Chapter called the members of the consortium.
- (7) Notwithstanding that at any time a company (“*the subsidiary company*”) is a 75 per cent. subsidiary or a 90 per cent. subsidiary of another company (“*the parent company*”) it shall not be treated at that time as such a subsidiary for the purposes of this Chapter unless, additionally at that time—
- (a) the parent company is beneficially entitled to not less than 75 per cent. or, as the case may be, 90 per cent. of any profits available for distribution to equity holders of the subsidiary company; and
- (b) the parent company would be beneficially entitled to not less than 75 per cent. or, as the case may be, 90 per cent. of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Schedule 18 shall have effect for supplementing this section.
## PART XI — CLOSE COMPANIES
### CHAPTER I — INTERPRETATIVE PROVISIONS
#### Close companies
##### 414
- (1) For the purposes of the Corporation Tax Acts, a “*close company*” is one which is under the control of five or fewer participators, or of participators who are directors, except that the expression does not apply—
- (a) to a company not resident in the United Kingdom;
- (b) to a registered industrial and provident society . . . or to a building society;
- (c) to a company controlled by or on behalf of the Crown, and not otherwise a close company; or
- (d) to a company falling within section 415 or subsection (5) below.
- (2) Subject to section 415 and subsection (5) below, a company resident in the United Kingdom (but not falling within subsection (1)(b) above) is also a close company if five or fewer participators, or participators who are directors, together possess or are entitled to acquire—
- (a) such rights as would, in the event of the winding-up of the company (“*the relevant company*”) on the basis set out in subsection (2A) below, entitle them to receive the greater part of the assets of the relevant company which would then be available for distribution among the participators, or
- (b) such rights as would in that event so entitle them if any rights which any of them or any other person has as a loan creditor (in relation to the relevant company or any other company) were disregarded.
- (2A) In the notional winding-up of the relevant company, the part of the assets available for distribution among the participators which any person is entitled to receive is the aggregate of—
- (a) any part of those assets which he would be entitled to receive in the event of the winding-up of the company, and
- (b) any part of those assets which he would be entitled to receive if—
- (i) any other company which is a participator in the relevant company and is entitled to receive any assets in the notional winding-up were also wound up on the basis set out in this subsection, and
- (ii) the part of the assets of the relevant company to which the other company is entitled were distributed among the participators in the other company in proportion to their respective entitlement to the assets of the other company available for distribution among the participators.
- (2B) In the application of subsection (2A) above to the notional winding-up of the other company and to any further notional winding-up required by paragraph (b) of that subsection (or by any further application of that paragraph), references to “*the relevant company*” shall have effect as references to the company concerned.
- (2C) In ascertaining under subsection (2) above whether five or fewer participators, or participators who are directors, together possess or are entitled to acquire rights such as are mentioned in paragraph (a) or (b) of that subsection—
- (a) a person shall be treated as a participator in or director of the relevant company if he is a participator in or director of any other company which would be entitled to receive assets in the notional winding-up of the relevant company on the basis set out in subsection (2A) above, and
- (b) except in the application of subsection (2A) above, no account shall be taken of a participator which is a company unless the company possesses or is entitled to acquire the rights in a fiduciary or representative capacity.
- (2D) Subsections (4) to (6) of section 416 apply for the purposes of subsections (2) and (2A) above as they apply for the purposes of subsection (2) of that sections.
- (3) *In ascertaining under subsection* (2)*above whether any amount could be apportioned among five or fewer participators or among participators who are directors, account shall, in cases where an original apportionment and any sub-apportionment are involved, be taken only of persons among whom that amount could finally be apportioned as the result of the whole process of original apportionment and sub-apportionment and those persons shall be treated as participators or directors if they are participators or directors of any company in the case of which either an original apportionment or any sub-apportionment could be made*.
- (4) For the purposes of this section—
- (a) a company is to be treated as controlled by or on behalf of the Crown if, but only if, it is under the control of the Crown or of persons acting on behalf of the Crown, independently of any other person, and
- (b) where a company is so controlled, it shall not be treated as being otherwise a close company unless it can be treated as a close company as being under the control of persons acting independently of the Crown.
- (5) A company is not to be treated as a close company—
- (a) if—
- (i) it is controlled by a company which is not a close company, or by two or more companies none of which is a close company; and
- (ii) it cannot be treated as a close company except by taking as one of the five or fewer participators requisite for its being so treated a company which is not a close company;
- (b) if it cannot be treated as a close company except by virtue of paragraph (a) of subsection (2) above or paragraph (c) of section 416(2) and it would not be a close company if the references in those paragraphs to participators did not include loan creditors who are companies other than close companies.
- (6) References in subsection (5) above to a close company shall be treated as applying to any company which, if resident in the United Kingdom, would be a close company.
- (7) If shares in any company (“*the first company*”) are held on trust for a registered pension scheme, then, unless the scheme is established wholly or mainly for the benefit of persons who are, or are dependants of, directors or employees or past directors or employees of—
- (a) the first company; or
- (b) an associated company of the first company; or
- (c) a company which is under the control of any director or associate of a director of the first company or of two or more persons each of whom is such a director or associate; or
- (d) a close company;
the persons holding the shares shall, for the purposes of subsection (5) above, be deemed to be the beneficial owners of the shares and, in that capacity, to be a company which is not a close company.
#### Certain quoted companies not to be close companies
##### 415
- (1) Subject to the following provisions of this section, a company is not to be treated as being at any time a close company if—
- (a) shares in the company carrying not less than 35 per cent. of the voting power in the company (and not being shares entitled to a fixed rate of dividend, whether with or without a further right to participate in profits) have been allotted unconditionally to, or acquired unconditionally by, and are at that time beneficially held by, the public, and
- (b) any such shares have within the preceding 12 months been the subject of dealings on a recognised stock exchange, and the shares have within those 12 months been listedon a recognised stock exchange.
- (2) Subsection (1) above shall not apply to a company at any time when the total percentage of the voting power in the company possessed by all of the company’s principal members exceeds 85 per cent.
- (3) For the purposes of subsection (1) above shares in a company shall be deemed to be beneficially held by the public if, and only if, they—
- (a) fall within subsection (4) below, and
- (b) are not within the exceptions in subsection (5) below,
and a corresponding construction shall be given to the reference to shares which have been allotted unconditionally to, or acquired unconditionally by, the public.
- (4) Shares shall fall within this subsection (as being beneficially held by the public)—
- (a) if beneficially held by a company resident in the United Kingdom which is not a close company, or by a company not so resident which would not be a close company if it were so resident, or
- (b) if held on trust for a registered pension scheme, or
- (c) If they are not comprised in a principal member’s holding.
- (5) Shares shall not be deemed to be held by the public if they are held—
- (a) by any director or associate of a director of the company, or
- (b) by any company which is under the control of any such director or associate, or of two or more persons each of whom is such a director or associate, or
- (c) by any associated company of the company, or
- (d) as part of any fund the capital or income of which is applicable or applied wholly or mainly for the benefit of, or of the dependants of, the employees or directors, or past employees or directors, of the company, or of any company within paragraph (b) or (c) above.
- (6) For the purposes of this section—
- (a) a person is a principal member of a company if he possesses a percentage of the voting power in the company of more than 5 per cent. and, where there are more than five such persons, if he is one of the five persons who possess the greatest percentages or if, because two or more persons possess equal percentages of the voting power in the company, there are no such five persons, he is one of the six or more persons (so as to include those two or more who possess equal percentages) who possess the greatest percentages, and
- (b) a principal member’s holding consists of the shares which carry the voting power possessed by him.
- (7) In arriving at the voting power which a person possesses, there shall be attributed to him any voting power which, for the purposes of section 416, would be attributed to him under subsection (5) or (6) of that section.
- (8) In this section “*shares*” include stock.
#### Meaning of “associated company” and “control”
##### 416
- (1) For the purposes of this Part,*except paragraphs* 2*and* 9(1)(a), (2)(a)*and* (3)(a)*of Schedule* 19 , a company is to be treated as another’s “*associated company*” at a given time if, at that time or at any other time within one year previously, one of the two has control of the other, or both are under the control of the same person or persons.
- (2) For the purposes of this Part, a person shall be taken to have control of a company if he exercises, or is able to exercise or is entitled to acquire, direct or indirect control over the company’s affairs, and in particular, but without prejudice to the generality of the preceding words, if he possesses or is entitled to acquire—
- (a) the greater part of the share capital or issued share capital of the company or of the voting power in the company; or
- (b) such part of the issued share capital of the company as would, if the whole of the income of the company were in fact distributed among the participators (without regard to any rights which he or any other person has as a loan creditor), entitle him to receive the greater part of the amount so distributed; or
- (c) such rights as would, in the event of the winding-up of the company or in any other circumstances, entitle him to receive the greater part of the assets of the company which would then be available for distribution among the participators.
- (3) Where two or more persons together satisfy any of the conditions of subsection (2) above, they shall be taken to have control of the company.
- (4) For the purposes of subsection (2) above a person shall be treated as entitled to acquire anything which he is entitled to acquire at a future date, or will at a future date be entitled to acquire.
- (5) For the purposes of subsections (2) and (3) above, there shall be attributed to any person any rights or powers of a nominee for him, that is to say, any rights or powers which another person possesses on his behalf or may be required to exercise on his direction or behalf.
- (6) For the purposes of subsections (2) and (3) above, there may also be attributed to any person all the rights and powers of any company of which he has, or he and associates of his have, control or any two or more such companies, or of any associate of his or of any two or more associates of his, including those attributed to a company or associate under subsection (5) above, but not those attributed to an associate under this subsection; and such attributions shall be made under this subsection as will result in the company being treated as under the control of five or fewer participators if it can be so treated.
#### Meaning of “participator”, “associate”, “director” and “loan creditor”
##### 417
- (1) For the purposes of this Part, a “*participator*” is, in relation to any company, a person having a share or interest in the capital or income of the company, and, without prejudice to the generality of the preceding words, includes—
- (a) any person who possesses, or is entitled to acquire, share capital or voting rights in the company;
- (b) any loan creditor of the company;
- (c) any person who possesses, or is entitled to acquire, a right to receive or participate in distributions of the company (construing “distributions” without regard to section 418) or any amounts payable by the company (in cash or in kind) to loan creditors by way of premium on redemption; and
- (d) any person who is entitled to secure that income or assets (whether present or future) of the company will be applied directly or indirectly for his benefit.
- (2) The provisions of subsection (1) above are without prejudice to any particular provision of this Part requiring a participator in one company to be treated as being also a participator in another company.
- (3) “*associate*” means, in relation to a participator—
- (a) any relative or partner of the participator;
- (b) the . . . trustees of any settlement in relation to which the participator is, or any relative of his (living or dead) is or was, a settlor . . . ; and
- (c) where the participator is interested in any shares or obligations of the company which are subject to any trust, or are part of the estate of a deceased person—
- (i) the . . . trustees of the settlement concerned or, as the case may be, the personal representatives of the deceased; and
- (ii) if the participator is a company, any other company interested in those shares or obligations;
and has a corresponding meaning in relation to a person other than a participator.
- (4) In subsection (3) above “*relative*” means spouse or civil partner, parent or remoter forebear, child or remoter issue, or brother or sister.
- (5) For the purposes of this Part “*director*” includes any person occupying the position of director by whatever name called, any person in accordance with whose directions or instructions the directors are accustomed to act, and any person who—
- (a) is a manager of the company or otherwise concerned in the management of the company’s trade or business, and
- (b) is, either on his own or with one or more associates, the beneficial owner of, or able, directly or through the medium of other companies or by any other indirect means, to control 20 per cent. or over of the ordinary share capital of the company.
- (6) In subsection (5)(b) above the expression “*either on his own or with one or more associates*” requires a person to be treated as owning or, as the case may be, controlling what any associate owns or controls, even if he does not own or control share capital on his own.
- (7) Subject to subsection (9) below, for the purposes of this Part “*loan creditor*”, in relation to a company, means a creditor in respect of any debt incurred by the company—
- (a) for any money borrowed or capital assets acquired by the company; or
- (b) for any right to receive income created in favour of the company; or
- (c) for consideration the value of which to the company was (at the time when the debt was incurred) substantially less than the amount of the debt (including any premium thereon);
or in respect of any redeemable loan capital issued by the company.
- (8) Subject to subsection (9) below, a person who is not the creditor in respect of any debt or loan capital to which subsection (7) above applies but nevertheless has a beneficial interest therein shall, to the extent of that interest, be treated for the purposes of this Part as a loan creditor in respect of that debt or loan capital.
- (9) A person carrying on a business of banking shall not be deemed to be a loan creditor in respect of any loan capital or debt issued or incurred by the company for money lent by him to the company in the ordinary course of that business.
### Additional matters to be treated as distributions
#### “Distribution” to include certain expenses of close companies
##### 418
- (1) Subject to such exceptions as are mentioned in section 209(1), in the Corporation Tax Acts “*distribution*”, in relation to a close company, includes, unless otherwise stated, any such amount as is required to be treated as a distribution by subsection (2) below.
- (2) Subject to subsection (3) below, where a close company incurs expense in or in connection with the provision for any participator of living or other accommodation, of entertainment, of domestic or other services, or of other benefits or facilities of whatever nature, the company shall be treated as making a distribution to him of an amount equal to so much of that expense as is not made good to the company by the participator.
- (3) Subsection (2) above shall not apply to expense incurred in or in connection with the provision—
- (a) for a person employed in employment to which Part 3 of ITEPA 2003 applies (earnings and benefits etc. treated as employment income) without the exclusion in section 216 of that Act (provisions not applicable to lower-paid employment) of such benefits as are mentioned in any of Chapters 6 to 10 of Part 3 and section 223 of that Act (cars and vans, loans, shares, other benefits, and payments on account of director’s tax); or
- (b) of living accommodation for any person if the accommodation is (within the meaning of Chapter 5 of Part 3 of ITEPA 2003) provided by reason of his employment; or
- (c) for the spouse or civil partner, children or dependants of a person employed by the company of any pension, annuity, lump sum, gratuity or other like benefit to be given on that person’s death or retirement.
- (4) The amount of the expense to be taken into account under subsection (2) above as a distribution shall be the same as would under Chapters 6 to 10 of Part 3 of ITEPA 2003 be the cash equivalent of the resultant benefit to the participator.
- (5) Subsection (2) above shall not apply if the company and the participator are both resident in the United Kingdom and—
- (a) one is a subsidiary of the other or both are subsidiaries of a third company also so resident, and
- (b) the benefit to the participator arises on or in connection with a transfer of assets or liabilities by the company to him, or to the company by him.
- (6) The question whether one body corporate is a subsidiary of another for the purposes of subsection (5) above shall be determined as a question whether it is a 51 per cent. subsidiary of that other, except that that other shall be treated as not being the owner—
- (a) of any share capital which it owns directly in a body corporate if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) of any share capital which it owns indirectly, and which is owned directly by a body corporate for which a profit on a sale of the shares would be a trading receipt; or
- (c) of any share capital which it owns directly or indirectly in a body corporate not resident in the United Kingdom.
- (7) Where each of two or more close companies makes a payment to a person who is not a participator in that company, but is a participator in another of those companies, and the companies are acting in concert or under arrangements made by any person, then each of those companies and any participator in it shall be treated as if the payment made to him had been made by that company.
- (8) For the purposes of this section any reference to a participator includes an associate of a participator, and any participator in a company which controls another company shall be treated as being also a participator in that other company.
### CHAPTER II — CHARGES TO TAX IN CONNECTION WITH LOANS
#### Loans to participators etc
##### 419
- (1) Subject to the following provisions of this section and section 420, where a close company, otherwise than in the ordinary course of a business carried on by it which includes the lending of money, makes any loan or advances any money to an individual who is a participator in the company or an associate of a participator, there shall be assessed on and recoverable from the company, as if it were an amount of corporation tax chargeable on the company for the accounting period in which the loan or advance is made, an amount equal to 25 per cent. of the amount of the loan or advance.
- (2) For the purposes of this section the cases in which a close company is to be regarded as making a loan to any person include a case where—
- (a) that person incurs a debt to the close company; or
- (b) a debt due from that person to a third party is assigned to the close company;
and then the close company shall be regarded as making a loan of an amount equal to the debt.
- (3) Tax due by virtue of this section in relation to any loan or advance shall be due and payable in accordance with section 59D of the Management Act on the day following the expiry of nine months from the end of the accounting period in which the loan or advance was made.
- (4) Where a close company has made a loan or advance which gave rise to a charge to tax on the company under subsection (1) above and
- (a) the loan or advance or any part of it is repaid to the company,or
- (b) the whole or part of the debt in respect of the loan or advance is released or written off,
relief shall be given from that tax, or a proportionate part of it . . . .
- (4A) Where
- (a) the repayment of the whole or any part of a loan or advance occurs on or after the day on which tax by virtue of this section becomes due in relation to that loan or advance, or
- (b) the release or writing off of the whole or any part of the debt in respect of a loan or advance occurs on or after the day on which tax by virtue of this section becomes due in relation to that loan or advance,
relief in respect of the repayment , release or writing off shall not be given under subsection (4) above at any time before the expiry of nine months from the end of the accounting period in which the repayment , release or writing off occurred.
- (4B) Schedule 1A to the Taxes Management Act 1970 (claims and elections not included in return) applies to a claim for relief under subsection (4) above unless—
- (a) the claim is included (by amendment or otherwise) in the return for the period in which the loan or advance was made, and
- (b) the relief may be given at the time the claim is made.
- (5) Where, under arrangements made by any person otherwise than in the ordinary course of a business carried on by him—
- (a) a close company makes a loan or advance which, apart from this subsection, does not give rise to any charge on the company under subsection (1) above, and
- (b) some person other than the close company makes a payment or transfers property to, or releases or satisfies (in whole or in part) a liability of, an individual who is a participator in the company or an associate of a participator,
then, unless in respect of the matter referred to in paragraph (b) above there falls to be included in the total income of the participator or associate an amount not less than the loan or advance, this section shall apply as if the loan or advance had been made to him.
- (6) In subsections (1) and (5)(b) above the references to an individual shall apply also to a company receiving the loan or advance in a fiduciary or representative capacity . . . .
- (7) For the purposes of this section any participator in a company which controls another company shall be treated as being also a participator in that other company.
#### Exceptions from section 419
##### 420
- (1) Section 419(2)(a) shall not apply to a debt incurred for the supply by the close company of goods or services in the ordinary course of its trade or business unless the credit given exceeds six months or is longer than that normally given to the company’s customers.
- (2) Section 419(1) shall not apply to a loan made to a director or employee of a close company, or of an associated company of the close company, if—
- (a) neither the amount of the loan, nor that amount when taken together with any other outstanding loans which—
- (i) were made by the close company or any of its associated companies to the borrower*or the wife or husband of the borrower* ; and
- (ii) if made before 31st March 1971, were made for the purpose of purchasing a dwelling which was or was to be the borrower’s only or main residence;
exceeds £15,000 and the outstanding loans falling within sub-paragraph (ii) above do not together exceed £10,000; and
- (b) the borrower works full-time for the close company or any of its associated companies; and
- (c) the borrower does not have a material interest in the close company or in any associated company of the close company;
but if the borrower acquires such a material interest at a time when the whole or part of any such loan made after 30th March 1971 remains outstanding the close company shall be regarded as making to him at that time a loan of an amount equal to the sum outstanding.
#### Taxation of borrower when loan under section 419 released etc
##### 421
- (1) Subject to the following provisions of this section, where a company is assessed or liable to be assessed under section 419 in respect of a loan or advance made to the trustees of a settlement and after the settlement has ended releases or writes off the whole or part of the debt in respect of it, then—
- (a) for the purpose of computing the income of the person from whom the debt was due (“*the debtor*”) for corporation tax purposes, a sum equal to the amount so released or written off shall be treated as income received by the debtor after deduction of income tax at the dividend ordinary rate from a corresponding gross amount;
- (b) no repayment of income tax shall be made in respect of that income and the debtor shall not be liable to pay corporation tax at the dividend ordinary rate on that income;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) This section shall be construed as one with section 419.
#### Extension of section 419 to loans by companies controlled by close companies
##### 422
- (1) Subject to subsection (4) below, where a company which is controlled by a close company makes a loan which, apart from this section, does not give rise to a charge under subsection (1) of section 419, that section and section 420 shall apply as if the loan had been made by the close company.
- (2) Subject to subsection (4) below, where a company which is not controlled by a close company makes a loan which, apart from this section, does not give rise to a charge under subsection (1) of section 419 and a close company subsequently acquires control of it, that section and section 420 shall apply as if the loan had been made by the close company immediately after the time when it acquired control.
- (3) Where two or more close companies together control the company that makes or has made the loan, subsections (1) and (2) above shall have effect—
- (a) as if each of them controlled that company; and
- (b) as if the loan had been made by each of those close companies,
but the loan shall be apportioned between those close companies in such proportion as may be appropriate having regard to the nature and amount of their respective interests in the company that makes or has made the loan.
- (4) Subsections (1) and (2) above do not apply if it is shown that no person has made any arrangements (otherwise than in the ordinary course of a business carried on by him) as a result of which there is a connection—
- (a) between the making of the loan and the acquisition of control; or
- (b) between the making of the loan and the provision by the close company of funds for the company making the loan;
and the close company shall be regarded as providing funds for the company making the loan if it directly or indirectly makes any payment or transfers any property to, or releases or satisfies (in whole or in part) a liability of, the company making the loan.
- (5) Where, by virtue of this section, sections 419 and 420 have effect as if a loan made by one company had been made by another, any question under those sections or section 421 whether—
- (a) the company making the loan did so otherwise than in the ordinary course of a business carried on by it which includes the lending of money;
- (b) the loan or any part of it has been repaid to the company;
- (c) the company has released or written off the whole or part of the debt in respect of the loan,
shall be determined by reference to the company that makes the loan.
- (6) This section shall be construed as one with section 419 and section 420 and in this section—
- (a) “*loan*” includes advance; and
- (b) references to a company making a loan include references to cases in which the company is, or if it were a close company would be, regarded as making a loan by virtue of section 419(2).
### CHAPTER III — APPORTIONMENT OF UNDISTRIBUTED INCOME ETC.
#### Apportionment of certain income, deductions and interest
##### 423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exclusions from section 423
##### 424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Manner of apportionment
##### 425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to income tax where apportionment is to an individual
##### 426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction of charge under section 426 in certain cases
##### 427
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Increase of apportioned sum etc. by reference to ACT
##### 428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payment and collection of income tax
##### 429
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consequences of apportionment: ACT
##### 430
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XII — SPECIAL CLASSES OF COMPANIES AND BUSINESSES
### CHAPTER I — INSURANCE COMPANIES, UNDERWRITERS AND CAPITAL REDEMPTION BUSINESS
### Insurance companies: general
#### Interpretative provisions relating to insurance companies
##### 431
- (1) This section has effect for the interpretation of the life assurance provisions of the Corporation Tax Acts.
- (2) Unless the context otherwise requires—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*basic life assurance and general annuity business*” has the meaning given by section 431F;
- “*brought into account*” has the meaning given by section 83A of the Finance Act 1989;
- “*child trust fund business*” has the meaning given by section 431BA;
- “*closing*” and “*opening*”, in relation to a period of account, refer respectively to the position at the end and at the beginning of the period and, in relation to an accounting period, refer respectively to the position at the end and at the beginning of the period of account in which the accounting period falls;
- “*closing liabilities*” includes liabilities assumed at the end of the period of account concerned in consequence of the declaration of reversionary bonuses or a reduction in premiums;
- “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contract of long-term insurance” means any contract which falls within Part II of Schedule 1 to that Order;
- “*deposit back arrangements*” means arrangements by which an amount is deposited by the reinsurer under a contract of reinsurance with the cedant;
- “*fair value*”, in relation to assets, means the amount which would be obtained from an independent person purchasing them or, if the assets are money, its amount;
- “*foreign business assets*”, in relation to an insurance company, means assets, other than linked assets, which either—are shown in the records of the company as being primarily attributable to liabilities of the company's foreign business, orare attributable, under the law of a country or territory outside the United Kingdom, to a permanent establishment of the company in that country or territory through which it carries on foreign business;and for this purpose “*foreign business*” means overseas life assurance business or life reinsurance business to the extent that it consists of the reinsurance of overseas life assurance business;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*free assets amount*”, in relation to an insurance company, means the excess of the value of the assets of the company's long-term business , other than any structural assets (within the meaning of section 83XA of the Finance Act 1989), over the aggregate of —the value of the liabilities of that business,any money debts (within the meaning of Part 5 of CTA 2009 (see section 303 of that Act)) of the company not within paragraph (a) above which are owed in respect of that business, andthe amount of the shareholders' excess assets within the meaning given by section 432A(8)(b));
- “*General Prudential Sourcebook*” means the General Prudential Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
- “*gross roll-up business*” has the meaning given by section 431EA;
- “*the I minus E basis*” means the basis under which a company carrying on life assurance business is charged to tax on the relevant profits (within the meaning of section 88(3) of the Finance Act 1989) of that business otherwise than under section 35 of CTA 2009 (charge on trade profits);
- “*immediate needs annuities business*” means business which consists of the effecting or carrying out of immediate needs annuities (within the meaning of section 725 of ITTOIA 2005);
- “*individual savings account business*” has the meaning given by section 431BB;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*insurance business transfer scheme*” means—a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 , 4 or 5 of subsection (3) of that section, ora scheme which would fall within that section but for subsection (1)(b) of that section;
- “insurance company” means—a person (other than a friendly society) who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, oran EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act or a firm qualifying for authorisation under Schedule 4 to that Act which—carries on business which consists of the effecting or carrying out of contracts of insurance, andcarries on that business through a branch or agency in the United Kingdom,but does not include an insurance special purpose vehicle;
- “*the Insurance Prudential Sourcebook*” means the Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000;
- “*insurance special purpose vehicle*” means any undertaking which assumes risks from insurance or reinsurance undertakings and which fully funds its exposure to such risks through the proceeds of a debt issue or some other financing mechanism where the repayment rights of the providers of such debt or other financing mechanism are subordinated to the reinsurance obligations of the undertaking;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*internal linked fund*”, in relation to an insurance company, means an account—to which linked assets are appropriated by the company, andwhich may be divided into units the value of which is determined by the company by reference to the value of those assets;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*liabilities*”, in relation to an insurance company, means—the mathematical reserves of the company as determined in accordance with section 1.2 of the Insurance Prudential Sourcebook, andliabilities of the company (whose value falls to be determined in accordance with section 1.3 of the General Prudential Sourcebook) which arise from deposit back arrangements;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*life assurance business*” means business which—consists of the effecting or carrying out of contracts of insurance which fall within paragraph I, II, III or VII(b) of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, oris capital redemption business,other than immediate needs annuities business;
- “*the life assurance provisions of the Corporation Tax Acts*” means—the provisions of this Chapter so far as relating to life assurance business, companies carrying on such business and friendly societies, andany other provisions of the Corporation Tax Acts making separate provision by reference to whether or not the business of a company is or includes life assurance business or any category of business that includes life assurance business;
- “*life assurance trade profits provisions*” means the provisions applicable for the purposes of the taxation under section 35 of CTA 2009 (charge on trade profits) of the profits of life assurance business carried on by an insurance company;
- “*life reinsurance business*” has the meaning given by section 431C;
- “*linked assets*”, and related expressions, shall be construed in accordance with section 432ZA;
- “long-term business” means business which consists of the effecting or carrying out of contracts of long-term insurance;
- “*long-term insurance fund*” means the fund maintained by an insurance company in respect of its long-term business . . . ;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*net value*”, in relation to any assets, means the excess of the value of the assets over the value of money debts (within the meaning of Part 5 of CTA 2009: see section 303 of that Act) attributable to an internal linked fund which are not owed in respect of liabilities;
- “*non-profit company*”, in relation to a period of account, means a company carrying on long-term business where, at the end of the period—none of the liabilities of that business, ornone but an insignificant proportion of those liabilities,are with-profits liabilities;
- “*non-profit fund*” means a fund that is not a with-profits fund;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*overseas life assurance business*” has the meaning given by section 431D;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*overseas life insurance company*” means an insurance company not resident in the United Kingdom but carrying on life assurance business through a branch or agency in the United Kingdom; . . .
- “*pension business*” has the meaning given by section 431B;
- “*periodical return*”, in relation to an insurance company, means a return deposited with the Financial Services Authority under section 9.6 of the Prudential Sourcebook (Insurers)(and does not include the Forms mentioned in Rule 9.3(5)).
- “*period of account*” means the period covered by a periodical return;
- “*PHI business*” means long-term business other than life assurance business (including the reinsurance of such long-term business);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000;
- “*reinsurance*” includes retrocession;
- “*shareholders' excess assets*” has the meaning given by section 432A(8)(b));
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*value*”, in relation to an asset of an insurance company, means the value of the asset as determined in accordance with section 1.3 of the General Prudential Sourcebook, as read with section 2.1 of the Insurance Prudential Sourcebook;
- “*with-profits fund*” has the meaning given by the Prudential Sourcebook (Insurers);
- “*with-profits liabilities*” means liabilities in respect of policies or contracts under which the policy holders or annuitants are eligible to participate in surplus;
- (2YA) Where an insurance company becomes an insurance special purpose vehicle otherwise than on the last day of a period of account, it shall be treated as an insurance special purpose vehicle from the beginning of that period.
- (2YB) “*BLAGAB profits*”, in relation to an accounting period of an insurance company, means the company's BLAGAB income and gains for the period reduced (but not below nil) by the company's BLAGAB deductions for the period.
- (2YC) “*BLAGAB income and gains*”, in relation to an accounting period of an insurance company, means the aggregate of—
- (a) income chargeable for the period . . . so far as referable (in accordance with section 432A) to the company's basic life assurance and general annuity business, and
- (b) chargeable gains so far as so referable accruing to the company in the period, but (subject to section 210A of the 1992 Act) after deducting—
- (i) any allowable losses so referable and so accruing, and
- (ii) so far as they have not been allowed as a deduction from chargeable gains in any previous accounting period, any allowable losses so referable previously accruing to the company.
- (2YD) “*BLAGAB deductions*”, in relation to an accounting period of an insurance company, means the aggregate of—
- (a) amounts falling in respect of any non-trading deficits on the company's loan relationships to be brought into account in the period in accordance with sections 387 to 391 of CTA 2009, and
- (b) the expenses deduction given by Step 8 in section 76(7) for the period.
- (2ZA) Subsections (2ZB) and (2ZC) below apply where an insurance business transfer scheme has effect to transfer long-term business from one person (“*the transferor*”) to another (“*the transferee*”).
- (2ZB) If the transfer takes place otherwise than on the last day of a period of account of the transferor, references to—
- (a) opening liabilities of the transferor,
- (b) opening values or net values of assets of the transferor, . . . or
- (c) the opening amount of the free assets amount of the transferor, . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the period of account, so far as relating to the business transferred, are to the part of those liabilities, values or amounts which bears to the whole the proportion A/C.
- (2ZC) If the transfer takes place otherwise than on the first day of a period of account of the transferee, references to—
- (a) closing liabilities of the transferee,
- (b) closing values or net values of assets of the transferee, . . . or
- (c) the closing amount of the free assets amount of the transferee, . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the period of account, so far as relating to the business transferred, are to the part of those liabilities, values or amounts which bears to the whole the proportion B/C.
- (2ZD) For the purposes of subsection (2ZC) above—
- (a) closing liabilities of the transferee are to be taken not to relate to the business transferred to the extent that they are liabilities which, immediately before the transfer, were reinsured by the transferor with the transferee, but
- (b) closing liabilities of the transferee are to be taken to relate to the business transferred to the extent that they are liabilities which, immediately before the transfer, were reinsured by the transferee with the transferor if the business transferred consists of or includes that reinsurance business.
- (2ZE) In subsections (2ZB) and (2ZC) above—
- A is the number of days in the period beginning with the period of account and ending with the day of the transfer,
- B is the number of days in the period beginning with the day of the transfer and ending with the period of account, and
- C is one-half of the number of days in the period of account.
- (2ZF) In this Chapter “*capital redemption business*” means any business of a company carrying on insurance business in so far as it consists of the effecting on the basis of actuarial calculations, and the carrying out, of contracts under which, in return for one or more fixed payments, a sum or series of sums of a specified amount become payable at a future time or over a period.
- (2ZG) The Treasury may by order amend the definition of “insurance business transfer scheme” given by subsection (2) above where it is expedient to do so in consequence of any amendment of section 105 of the Financial Services and Markets Act 2000.
- (2ZH) The power conferred by subsection (2ZG) above includes power to make incidental, supplementary, consequential or transitional provisions and savings (including provision amending any provision of the Corporation Tax Acts relating to insurance companies).
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Separation of different classes of business
##### 432
- (1) Where an insurance company carries on life assurance business in conjunction with insurance business of any other category, the life assurance business shall, for the purposes of the Corporation Tax Acts, be treated as a separate business from any other category of business carried on by the company.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Profits reserved for policy holders and annuitants
##### 433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Franked investment income etc
##### 434
- (1) Where an insurance company makes a payment representative of a distribution made by a company resident in the United Kingdom in respect of an asset of its long-term insurance fund, the payment is to be taken into account in computing its profits in accordance with the life assurance trade profits provisions unless the amount taken into account in accordance with section 83(2)(a) of the Finance Act 1989 includes the amount of the payment.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) So much of the policy holders' share of the franked investment income from investments of a company’s long-term insurance fund as is referable to its life assurance business shall be left out of account in determining, under subsection (7) of section 13, the franked investment income forming part of the company’s profits for the purposes of that section.
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) *Subject to subsection* (5)*below, the specified part shall be, in the case of any unrelieved income, the same fraction of it as the fraction which, on a computation of the profits of the company in respect of its life assurance business in accordance with the provisions applicable to Case* I*of Schedule D* (*whether or not the company is in fact charged to tax under that Case for the relevant accounting period or periods*),*would be connoted by the words in section* 433 “*such part of those profits as belongs or is allocated to, or is reserved for, or expended on behalf of, policy holders or annuitants*”.
- (5) *If the income exceeds the profits as computed in accordance with the provisions applicable to Case* I*of Schedule D other than section 433, the specified part shall be that fraction of the income so far as not exceeding the profits, together with the amount of the excess*.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) For the purposes of this section—
- (a) “*the policy holders’ share*” of any franked investment income is so much of that income as is not the shareholders’ share within the meaning of section 89 of the Finance Act 1989, . . .
- (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ac) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of gains reserved for policy holders and annuitants
##### 435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity business and pension business: separate charge on profits
##### 436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General annuity business
##### 437
- (1A) In the computation under the I minus E basis of the relevant profits (within the meaning of section 88(1) of the Finance Act 1989) of an insurance company for any accounting period, new annuities paid by the company in that period shall be brought into account by treating an amount equal to the income limit for that period as expenses payable which fall to be brought into account for that period at Step 3 in section 76(7).
- (1C) For the purposes of this section (but subject to subsections (1CA) to (1CD) below)—
- (a) “*new annuity*” means any annuity, so far as paid under a contract made by an insurance company in an accounting period beginning on or after 1st January 1992 and so far as referable to the company’s basic life assurance and general annuity business;
- (b) “*the income limit*” for an accounting period of an insurance company is the difference between—
- (i) the total amount of the new annuities paid by the company in that accounting period; and
- (ii) the total of the . . . amounts exempt under section 717 of ITTOIA 2005 contained in the new annuities so paid; . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and
- (d) the amounts exempt under section 717 of ITTOIA 2005 are so much of the payments under the new annuities as would be within the exemption in subsection (1) of that section if—
- (i) section 718 of that Act were omitted, and
- (ii) that exemption were an exemption applying in relation to companies as well as individuals.
- (1CA) Where a new annuity (“*the actual annuity*”) is a steep-reduction annuity, the income limit for an accounting period of the company paying the annuity shall be computed for the purposes of this section as if—
- (a) the contract providing for the actual annuity provided instead for the annuities identified by subsections (1CB) and (1CC) below; and
- (b) the consideration for each of those annuities were to be determined by the making of a just and reasonable apportionment of the consideration for the actual annuity.
- (1CB) The annuities mentioned in subsection (1CA)(a) above are—
- (a) an annuity the payments in respect of which are confined to the payments in respect of the actual annuity that fall to be made before the earliest time for the making in respect of the actual annuity of a reduced payment such as is mentioned in section 437A(1)(c); and
- (b) subject to subsection (1CC) below, an annuity the payments in respect of which are all the payments in respect of the actual annuity other than those mentioned in paragraph (a) above.
- (1CC) Where an annuity identified by paragraph (b) of subsection (1CB) above (“*the later annuity*”) would itself be a steep-reduction annuity, the annuities mentioned in subsection (1CA)(a) above—
- (a) shall not include the later annuity; but
- (b) shall include, instead, the annuities which would be identified by subsection (1CB) above (with as many further applications of this subsection as may be necessary for securing that none of the annuities mentioned in subsection (1CA)(a) above is a steep-reduction annuity) if references in that subsection to the actual annuity were references to the later annuity.
- (1CD) Subsections (1CA) to (1CC) above shall be construed in accordance with section 437A.
- (1D) In any case where—
- (a) a payment in respect of an annuity is made by an insurance company under a group annuity contract made in an accounting period beginning before 1st January 1992,
- (b) the company’s liabilities first include an amount in respect of that annuity in an accounting period beginning on or after that date, and
- (c) the company’s liability in respect of that annuity is referable to its basic life assurance and general annuity business,
the payment shall be treated for the purposes of this section, other than this subsection, as if the group annuity contract had been made in an accounting period beginning on or after 1st January 1992 (and, accordingly, as payment of a new annuity).
- (1E) In any case where—
- (a) a payment in respect of an annuity is made by a reinsurer under a reinsurance treaty made in an accounting period beginning before 1st January 1992,
- (b) the reinsurer’s liabilities first include an amount in respect of that annuity in an accounting period beginning on or after that date, and
- (c) the reinsurer’s liability in respect of that annuity is referable to its basic life assurance and general annuity business,
the payment shall, as respects the reinsurer, be treated for the purposes of this section, other than this subsection, as if the reinsurance treaty had been made in an accounting period beginning on or after 1st January 1992 (and, accordingly, as payment of a new annuity).
- (1F) In this section—
- “*group annuity contract*” means a contract between an insurance company and some other person under which the company undertakes to become liable to pay annuities to or in respect of such persons as may subsequently be specified or otherwise ascertained under or in accordance with the contract (whether or not annuities under the contract are also payable to or in respect of persons who are specified or ascertained at the time the contract is made);
- “*reinsurance treaty*” means a contract under which one insurance company is obliged to cede, and another (in this section referred to as a “*reinsurer*”) to accept, the whole or part of a risk of a class or description to which the contract relates.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pension business: exemption from tax
##### 438
- (1) Exemption from corporation tax shall be allowed in respect of income from assets solely linked to pension business.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restricted government securities
##### 439
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Identification or exchange of long term assets
##### 440
- (1) If at any time an asset (or a part of an asset) held by an insurance company ceases to be within one of the categories set out in subsection (4) below and comes within another of those categories, the company shall for the purposes of corporation tax be deemed to have disposed of and immediately re-acquired the asset (or part) for a consideration equal to its fair value at that time.
- (2) Where—
- (a) an asset is acquired by a company as a result of an insurance business transfer scheme which has effect to transfer long-term business from any person (“the transferor”) to the company, and
- (b) the asset (or part of it) is within one of the categories set out in subsection (4) below immediately before the acquisition and is within another of those categories immediately afterwards,
the transferor shall for the purposes of corporation tax be deemed to have disposed of and immediately re-acquired the asset (or part) immediately before the acquisition for a consideration equal to its fair value at that time.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where, apart from this subsection, section 171 or 173 the 1992 Act (transfers within a group) would apply to a disposal or acquisition by an insurance company of an asset (or part of an asset) which, immediately before the disposal or (as the case may be) immediately after the acquisition, is within one of the categories set out in paragraphs (a), (d) and (e) of subsection (4) below, that section shall not apply to the disposal or acquisition.
- (4) The categories referred to in subsections (1) to (3) above are—
- (a) assets which are linked solely to gross roll-up business or are foreign business assets;
- (d) assets linked solely to basic life assurance and general annuity business;
- (e) assets of the long-term insurance fund not within either of the preceding paragraphs;
- (f) other assets.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In a case where the profits of a company’s life assurance business are charged to tax under section 35 of CTA 2009 (charge on trade profits) this section has effect with the modification specified in section 440B(3).
#### Foreign life assurance funds
##### 441
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Overseas business of U.K. companies
##### 442
- (1) Subsections (2) and (3) below apply where a company resident in the United Kingdom carries on insurance business outside the United Kingdom through a permanent establishment and—
- (a) that business, or part of it, together with the whole assets of the company used for the purposes of that business or part (or together with the whole of those assets other than cash), is transferred to a company not resident in the United Kingdom;
- (b) the business or part is so transferred wholly or partly in exchange for shares, or for shares and loan stock, issued by the transferee company to the transferor company; and
- (c) the shares so issued, either alone or taken together with any other shares in the transferee company already held by the transferor company, amount in all to not less than one quarter of the ordinary share capital of the transferee company.
- (2) In making any computation in accordance with the provisions applicable for the purposes of section 35 of CTA 2009 (charge on trade profits) of the profits or losses of the transferor company for the accounting period in which the transfer occurs, there shall be disregarded any profit or loss in respect of any asset transferred which, apart from this subsection, would fall to be taken into account in making that computation.
- (3) Where by virtue of subsection (2) above any profit or loss is disregarded in making any computation . . . the profit or loss shall be treated for the purposes of the 1992 Act as a chargeable gain or allowable loss accruing to the transferor company on the transfer.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies carrying rights not in money
##### 443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies issued before 5th August 1965
##### 444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Provisions applying only to overseas life insurance companies
#### Charge to tax on investment income
##### 445
#### Annuity business
##### 446
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of income tax and tax credits against corporation tax
##### 447
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying distributions and tax credits
##### 448
#### Double taxation agreements
##### 449
### Underwriters
#### Assessment, set-off of losses and reinsurance
##### 450
#### Regulations
##### 451
#### Special reserve funds
##### 452
#### Payments into premiums trust fund on account of losses
##### 453
#### Income tax consequences on payments into and out of special reserve fund
##### 454
#### Income tax consequences on death of underwriter
##### 455
#### Unearned income, variation of arrangements and cancellation of approval etc
##### 456
#### Interpretation of sections 450 to 456
##### 457
### Capital redemption business
#### Capital redemption business
##### 458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — FRIENDLY SOCIETIES, TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS
### Unregistered friendly societies
#### Exemption from tax
##### 459
An unregistered friendly society (that is, a friendly society which is neither an incorporated friendly society nor a registered friendly society) whose income does not exceed £160 a year shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains).
### Registered friendly societies
#### Exemption from tax in respect of life or endowment business
##### 460
- (1) Subject to subsection (2) below, a friendly society shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains) on its profits arising from life or endowment business.
- (2) Subsection (1) above—
- (a) shall not, subject to section 462, exempt a registered friendly society registered after 31st December 1957 which at any time in the period of three months ending 3rd May 1966 entered into any transaction in return for a single premium, being a transaction forming part of its life or endowment business;
- (aa) shall not, subject to section 462, exempt an incorporated friendly society which, before its incorporation, was a registered friendly society such as is mentioned in paragraph (a) above;
- (b) shall not apply to profits arising from gross roll-up business;
- (c) shall not apply to profits arising from life or endowment business consisting—
- (zai) where the profits relate to contracts made on or after the day on which the Finance Act 1995 was passed, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £270 or of the granting of annuities of annual amounts exceeding £156;
- (ai) where the profits relate to contracts made on or after the day on which the Finance Act 1991 was passed but before the day on which the Finance Act 1995 was passed, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £200 or of the granting of annuities of annual amounts exceeding £156;
- (i) where the profits relate to contracts made after 31st August 1990 but before the day on which the Finance Act 1991 was passed, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £150 or of the granting of annuities of annual amounts exceeding £156;
- (ia) where the profits relate to contracts made after 31st August 1987 but before 1st September 1990, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £100 or of the granting of annuities of annual amounts exceeding £156.
- (ii) where the profits relate to contracts made after 13th March 1984 but before 1st September 1987, of the assurance of gross sums exceeding £750 or of the granting of annuities of annual amounts exceeding £156;
- (iii) where the profits relate to contracts made before 14th March 1984, of the assurance of gross sums exceeding £500 or of the granting of annuities of annual amounts exceeding £104;
- (ca) shall not apply to so much of the profits arising from life or endowment business as is attributable to contracts for the assurance of gross sums made on or after 20th March 1991 and expressed at the outset not to be made in the course of tax exempt life or endowment business;and
- (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) as respects other life or endowment business (“tax exempt life or endowment business”), has effect subject to the following provisions of this Chapter.
- (3) In determining for the purposes of subsection (2)(c)(zai), (ai), (i) or (ia) above the total premiums payable in any period of 12 months—
- (a) where those premiums are payable more frequently than annually, there shall be disregarded an amount equal to 10 per cent. of those premiums; and
- (b) so much of any premium as is charged on the ground that an exceptional risk of death or disability is involved shall be disregarded;
and in applying the limit of £156 in subsection (2)(c)(zai), (ai), (i) or (ia) above, any bonus or addition declared upon an annuity shall be disregarded.
- (4) In applying the limits referred to in subsection (2)(c)(ii) and (iii) above, any bonus or addition which either is declared upon an assurance of a gross sum or annuity or accrues upon such an assurance by reference to an increase in the value of any investments shall be disregarded.
- (4A) Subsection (4B) below applies to contracts for the assurance of gross sums under tax exempt life or endowment business made after 31st August 1987 and before the day on which the the Finance Act 1995 was passed.
- (4B) Where the amount payable by way of premium under a contract to which this subsection applies is increased by virtue of a variation made—
- (a) in the period beginning with 25th July 1991 and ending with 31st July 1992, or
- (b) in the period beginning with the day on which the Finance Act 1995 was passed and ending with 31st March 1996,
the contract shall, for the purposes of subsection (2)(c) above, be treated, in relation to any profits relating to it as varied, as made at the time of the variation.
- (5) A friendly society is within this subsection if its rules make no provision for it to carry on life or endowment business consisting of the assurance of gross sums exceeding £2,000 or of the granting of annuities of annual amounts exceeding £416.
- (6) In the case of a friendly society within subsection (5) above—
- (a) subsection (2)(c)(iii) above shall have effect with the substitution of references to £2,000 and £416 respectively for the references to £500 and £104; and
- (b) references in this Chapter to tax exempt life or endowment business shall be construed accordingly.
- (7) Where at any time a friendly society within subsection (5) above amends its rules so as to cease to be within that subsection, any part of its life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
shall thereafter continue to be tax exempt life or endowment business for the purposes of this Chapter.
- (8) Where at any time a friendly society not within subsection (5) above amends its rules so as to bring itself within that subsection, any part of its life or endowment business consisting of business which—
- (a) related to contracts made before that time; and
- (b) immediately before that time was not tax exempt life or endowment business,
shall thereafter continue not to be tax exempt life or endowment business for the purposes of this Chapter.
- (9) Where at any time a friendly society not within subsection (5) above acquires by way of transfer of engagements or amalgamation from another friendly society any life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
that business shall thereafter continue to be tax exempt life or endowment business for the purposes of this Chapter.
- (10) Where at any time a friendly society within subsection (5) above acquires by way of transfer of engagements or amalgamation from another friendly society any life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was not tax exempt life or endowment business,
that business shall thereafter continue not to be tax exempt life or endowment business for the purposes of this Chapter.
- (10A) Where at any time an insurance business transfer scheme has effect to transfer to a friendly society long-term business, any life or endowment business which relates to contracts included in the transfer , other than any to which subsection (11) or (12) below applied immediately before the transfer had effect, shall not thereafter be tax exempt life or endowment business for the purposes of this Chapter.
- (10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) Where at any time a friendly society ceases . . . by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act, any part of its life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
shall continue to be exempt from corporation tax (whether on income or chargeable gains) on profits arising from it.
- (12) Where at any time an insurance company acquires by way of transfer of engagements from a friendly society any life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
that business shall continue to be exempt from corporation tax (whether on income or chargeable gains) on profits arising from it.
- (13) But if any contracts constituting or forming part of the business of a company covered by subsection (11) or (12) above are varied during an accounting period of the company so as to increase the premiums payable under them, the business relating to those contracts is not exempt from corporation tax for that or any subsequent accounting period.
- (14) For the purposes of the Corporation Tax Acts any part of a company's business which is exempt from corporation tax by virtue of subsection (11) or (12) above shall be treated as a separate business from any other business carried on by the company.
- (15) The Treasury may by regulations provide that, where any part of the business of a company is exempt from corporation tax by virtue of subsection (11) or (12) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (16) Regulations under subsection (15) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
#### Taxation in respect of other business
##### 461
- (1) Subject to the following provisions of this section, a registered friendly society other than a society to which subsection (2) below applies shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains) on its profits other than those arising from life or endowment business.
- (2) This subsection applies to any society registered after 31st May 1973 unless—
- (a) its business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by the Board; or
- (b) it was registered before 27th March 1974 and its rules limit the aggregate amount which may be paid by a member by way of contributions and deposits to not more than £1 per month or such greater amount as the Board may authorise for the purposes of this section;
and also applies to any society registered before 1st June 1973 with respect to which a direction under subsection (7) below is in force.
- (3) If a society to which subsection (2) above applies, after 26th March 1974 or such later date as may be specified in a direction under this section, makes a payment to a member in respect of his interest in the society and the payment is made otherwise than in the course of life or endowment business and exceeds the aggregate of any sums paid by him to the society by way of contributions or deposits, after deducting from that aggregate the amount of—
- (a) any previous payment so made to him by the society after that date, and
- (b) any earlier repayment of such sums paid by him,
the excess shall be treated for the purposes of corporation tax and income tax as a qualifying distribution.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a registered friendly society—
- (a) at any time ceases . . . by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act; and
- (b) immediately before that time was exempt from . . . corporation tax on profits arising from any business carried on by it other than life or endowment business,
the company into which the society is converted shall be so exempt on its profits arising from any part of that business which relates to contracts made before that time so long as there is no increase in the scale of benefits which it undertakes to provide in the course of carrying on that part of its business.
- (4A) Where—
- (a) at any time an insurance company acquires by way of transfer of engagements from a registered friendly society any business other than life or endowment business, and
- (b) immediately before that time the society was exempt from corporation tax on profits arising from that business,
the insurance company shall be exempt from corporation tax on its profits arising from any part of that business which relates to contracts made before that time.
- (4B) But if during an accounting period of the insurance company there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on any such part of that business, the company shall not be exempt from corporation tax by virtue of subsection (4A) above for that or any subsequent accounting period.
- (5) For the purposes of the Corporation Tax Acts any part of a company’s business in respect of the profits from which the company is exempt by virtue of subsection (4) or (4A) above shall be treated as a separate business from any other business carried on by the company.
- (6) If—
- (a) a friendly society registered before 1st June 1973 begins after 26th March 1974 to carry on business other than life or endowment business or, in the opinion of the Board, begins to carry on business other than life or endowment business on an enlarged scale or of a new character; and
- (b) it appears to the Board, having regard to the restrictions imposed by this section on friendly societies registered later, that for the protection of the revenue it is expedient to do so;
the Board may give a direction to the society under subsection (7) below.
- (7) A direction under this subsection is that (and has the effect that) the society to which it is given is to be treated for the purposes of this Act as a society registered after 31st May 1973 with respect to business carried on after the date of the direction.
- (8) A society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction . . . on the ground that—
- (a) it has not begun to carry on business as mentioned in subsection (6)(a) above; or
- (b) the direction is not necessary for the protection of the revenue.
- (9) If a registered friendly society in respect of which a direction is in force under subsection (7) above becomes an incorporated friendly society, the direction shall continue to have effect, so that the incorporated friendly society shall be treated for the purposes of this Act as a society registered after 31st May 1973.
- (10) For the purposes of this section a registered friendly society formed on the amalgamation of two or more friendly societies shall be treated as registered before 1st June 1973 if at the time of the amalgamation subsection (2) above did not apply to any of the societies amalgamated, but otherwise shall be treated as registered at that time.
- (11) For the purposes of this section and section 461C—
- (a) any group of persons which was approved for the purposes of this section (as mentioned in subsection (2)(a) above) immediately before 1st December 2001 shall be treated as having been approved for the purposes of this section by the Board on that date;
- (b) any greater amount which was authorised for the purposes of this section (as mentioned in subsection (2)(b) above) immediately before 1st December 2001 shall be treated as having been authorised for the purposes of this section by the Board on that date; and
- (c) where a direction that subsection (2) above applies to a society was in force immediately before 1st December 2001, a direction in relation to that society shall be treated as having been made under subsection (7) above by the Board on that date.
- (12) The Treasury may by regulations provide that, where any part of the business of a company is exempt from corporation tax by virtue of subsection (4) or (4A) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (13) Regulations under subsection (12) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
#### Conditions for tax exempt business
##### 462
- (1) Subject to subsection (2) below, section 460 does not afford any exemption from corporation tax in relation to so much of the profits arising to a friendly society or insurance company from any business as is attributable to a policy which—
- (a) is not a qualifying policy (by virtue of sub-paragraph (2) of paragraph 6 of Schedule 15) and is not an excluded policy, and
- (b) would not be a qualifying policy (by virtue of that sub-paragraph) if all excluded policies were left out of account.
- (1A) For the purposes of subsection (1) above a policy is an excluded policy if—
- (a) it is a policy held otherwise than with the friendly society or insurance company, or
- (b) the person who has the contract effecting the policy acquired the rights under it on an assignment (or, in Scotland, assignation) otherwise than for money or money's worth.
- (2) Section 460(2)(a) or (aa) and subsection (1) above shall not withdraw exemption in relation to profits arising from any part of a business relating to contracts made not later than 3rd May 1966.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life or endowment business: application of the Corporation Tax Acts
##### 463
- (1) Subject to section 460(1), the Corporation Tax Acts shall apply to long-term business carried on by friendly societies in the same way as they apply to mutual life assurance business (or other long-term business) carried on by insurance companies, so however that the Treasury may by regulations provide that those Acts as so applied shall have effect subject to such modifications and exceptions as may be prescribed by the regulations, and those regulations may in particular require any part of any business to be treated as a separate business.
- (2) The provisions of the Corporation Tax Acts which apply on the transfer of the whole or part of the long-term business of an insurance company shall apply in the same way—
- (a) on the transfer of the whole or part of the business of a friendly society to another friendly society (and on the amalgamation of friendly societies), and
- (b) on the transfer of the whole or part of the business of a friendly society to a company which is not a friendly society (and on the conversion of a friendly society into such a company),
so however that the Treasury may by regulations provide that those provisions as so applied shall have effect subject to such modifications and exceptions as may be prescribed by the regulations.
- (3) The Treasury may by regulations provide that the provisions of the Corporation Tax Acts which apply on the transfer of the whole or part of the long-term business of an insurance company to another company shall have effect where the transferee is a friendly society subject to such modifications and exceptions as may be prescribed by the regulations.
- (4) Regulations under this section may make different provision for different cases and may include provision having retrospective effect.
#### Maximum benefits payable to members
##### 464
- (1) Subject to subsections (2) and (3) below, a person is not entitled to have at any time outstanding contracts with any one or more friendly societies, registered branches or insurance companies which (taking them all together) are for the assurance of—
- (a) more than £750 by way of gross sum under business which is afforded exemption from corporation tax by section 460, or
- (b) more than £156 by way of annuity under such business.
In any case where the member’s outstanding contracts were all made before 14th March 1984 this subsection shall have effect with the substitution for “£750” and “£156” of “ £2,000 ” and “ £416 ” respectively.
- (2) Subsection (1)(a) above shall not apply as respects sums assured under contracts made after 31st August 1987.
- (3) With respect to contracts for the assurance of gross sums under business which is afforded exemption from corporation tax by section 460, a person is not entitled to have outstanding at any time with any one or more friendly societies, registered branches or insurance companies—
- (zza) contracts under which the total premiums payable in any period of 12 months exceed £270; or
- (za) contracts made before the day on which the Finance Act 1995 was passed and under which the total premiums payable in any period of 12 months exceed £200; or
- (a) contracts made before the day on which the Finance Act 1991 was passed and under which the total premiums payable in any period of 12 months exceed £150; or
- (b) contracts made before 1st September 1990 under which the total premiums payable in any period of 12 months exceed £100,
unless all those contracts were made before 1st September 1987.
- (4) In applying the limits in subsection (3) above, the premiums under any contract for an annuity which was made before 1st June 1984 by a new society shall be brought into account as if the contract were for the assurance of a gross sum.
- (4A) Subsection (4B) below applies to contracts for the assurance of gross sums under business which is afforded exemption from corporation tax by section 460 if they are made after 31st August 1987 and before the day on which the Finance Act 1995 was passed.
- (4B) Where the amount payable by way of premium under a contract to which this subsection applies is increased by virtue of a variation made—
- (a) in the period beginning with 25th July 1991 and ending with 31st July 1992, or
- (b) in the period beginning with the day on which the Finance Act 1995 was passed and ending with 31st March 1996,
the contract shall, for the purposes of subsection (3) above, be treated, in relation to times when the contract has effect as varied, as made at the time of the variation.
- (5) In applying the limits in this section there shall be disregarded—
- (a) any bonus or addition which either is declared upon assurance of a gross sum or annuity or accrues upon such an assurance by reference to an increase in the value of any investments;
- (b) any policy of insurance or annuity contract by means of which the benefits to be provided under an occupational pension scheme (within the meaning of section 150(5) of the Finance Act 2004) are secured or any annuity contract which constitutes a registered pension scheme or is issued or held in connection with a registered pension scheme other than such an occupational pension scheme;
- (c) any increase in a benefit under a friendly society contract, as defined in section 6 of the Decimal Currency Act 1969, resulting from the adoption of a scheme prescribed or approved in pursuance of subsection (3) of that section; and
- (d) so far as concerns the total premiums payable in any period of 12 months—
- (i) 10 per cent. of the premiums payable under any contract under which the premiums are payable more frequently than annually; and
- (ii) £10 of the premiums payable under any contract made before 1st September 1987 by a friendly society other than a new society; and
- (iii) so much of any premium as is charged on the ground that an exceptional risk of death is involved.
- (6) In applying the limits in this section in any case where a person has outstanding with one or more societies, branches or companies one or more contracts made after 13th March 1984 and one or more contracts made on or before that date, any contract for an annuity which was made before 1st June 1984 by a new society shall be regarded not only as a contract for the annual amount concerned but also as a contract for the assurance of a gross sum equal to 75 per cent. of the total premiums which would be payable under the contract if it were to run for its full term or, as the case may be, if the member concerned were to die at the age of 75 years.
- (7) A friendly society , registered branch or insurance company may require a person to make and sign a statutory declaration that the total amount assured under outstanding contracts entered into by that person with any one or more friendly societies, registered branches or insurance companies (taken together) does not exceed the limits applicable by virtue of this section and that the total premiums under those contracts do not exceed those limits.
#### Old societies
##### 465
- (1) In this section “*old society*” means a friendly society which is not a new society.
- (2) This section applies if, on or after 19th March 1985, an old society—
- (a) begins to carry on tax exempt life or endowment business; or
- (b) in the opinion of the Board begins to carry on such business on an enlarged scale or of a new character.
- (3) If it appears to the Board, having regard to the restrictions placed on qualifying policies issued by new societies by paragraphs 3(1)(b) . . . and 4(3)(b) of Schedule 15, that for the protection of the revenue it is expedient to do so, the Board may give a direction to the old society under subsection (4) below.
- (4) A direction under this subsection is that (and has the effect that) the old society to which it is given is to be treated for the purposes of this Act as a new society with respect to business carried on after the date of the direction.
- (5) An old society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction . . . on the ground that—
- (a) it has not begun to carry on business as mentioned in subsection (2) above; or
- (b) that the direction is not necessary for the protection of the revenue.
- (6) If a registered friendly society in respect of which a direction is in force under subsection (4) above becomes an incorporated friendly society, the direction shall continue to have effect, so that the incorporated friendly society shall be treated for the purposes of this Act as a new society.
#### Interpretation of Chapter II
##### 466
- (1) In this Chapter “*life or endowment business*” means, subject to subsections (1A) and (1B) below—
- (a) any life assurance business, and
- (b) any PHI business (as defined in section 431) if—
- (i) the contract is one made before 1 September 1996, or
- (ii) the contract is one made on or after that date and the effecting and carrying out of the business also constitutes business within paragraphs I, II or III of Part II of Schedule 1 to the Financial Services and Markets Act (Regulated Activities) Order 2001.
- (1A) Life or endowment business does not include the issue, in respect of a contract made before 1st September 1996, of a policy affording provision for sickness or other infirmity (whether bodily or mental), unless—
- (a) the policy also affords assurance for a gross sum independent of sickness or other infirmity;
- (b) not less than 60 per cent. of the amount of the premiums is attributable to the provision afforded during sickness or other infirmity; and
- (c) there is no bonus or addition which may be declared or accrue upon the assurance of the gross sum.
- (1B) Life or endowment business does not include the assurance of any annuity the consideration for which consists of sums obtainable on the maturity, or on the surrender, of any other policy of assurance issued by the friendly society, being a policy of assurance forming part of the tax exempt life or endowment business of the friendly society.
- (2) In this Chapter—
- “*friendly society*”, without qualification, means (except in section 459) an incorporated friendly society or a registered friendly society;
- “*gross roll-up business*” shall be construed in accordance with section 431;
- “*incorporated friendly society*” means a society incorporated under the Friendly Societies Act 1992;
- “*insurance company*” shall be construed in accordance with section 431;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*long-term business*” shall be construed in accordance with section 431;
- “*new society*” means—a registered friendly society which was registered after 3rd May 1966 or which was registered in the period of three months ending on that date but which at no time earlier than that date carried on any life or endowment business, oran incorporated friendly society other than one which, before its incorporation, was a registered friendly society not within paragraph (a) above;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*policy*”, in relation to life or endowment business, includes an instrument evidencing a contract to pay an annuity upon human life;
- “*registered branch*” means the same as in the Friendly Societies Act 1992 (and includes any branch that by virtue of section 96(3) of that Act is to be treated as a registered branch);
- “*registered friendly society*” means the same as in the Friendly Societies Act 1992 (and includes any society that by virtue of section 96(2) of that Act is to be treated as a registered friendly society);
- . . .
- “*tax exempt life or endowment business*” has, subject to subsections (7) to (10A) of section 460, the meaning given by subsection (2)(d) of that section, that is to say, it means (subject to those subsections) life or endowment business other than business profits arising from which are excluded from subsection (1) of that section by subsection (2)(b) or (c) of that section (read, where appropriate, with subsection (6) of that section);
and references in sections 460 to 465 and this subsection to a friendly society include, in the case of a registered friendly society, references to any branch of that society.
- (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) It is hereby declared that for the purposes of this Chapter (except where provision to the contrary is made) a friendly society formed on the amalgamation of two or more friendly societies is to be treated as different from the amalgamated societies.
- (4) A registered friendly society formed on the amalgamation of two or more friendly societies shall, for the purposes of this Chapter, be treated as registered not later than 3rd May 1966 if at the time of the amalgamation—
- (a) all the friendly societies amalgamated were registered friendly societies eligible for the exemption conferred by section 460(1); and
- (b) at least one of them was not a new society;
or, if the amalgamation took place before 19th March 1985, the society was treated as registered not later than 3rd May 1966 by virtue of the proviso to section 337(4) of the 1970 Act.
- (5) An incorporated friendly society formed on the amalgamation of two or more friendly societies shall, for the purposes of this Chapter, be treated as a society which, before its incorporation, was a registered friendly society registered not later than 3rd May 1966 if at the time of the amalgamation—
- (a) all the friendly societies amalgamated were registered friendly societies eligible for the exemption conferred by section 460(1); and
- (b) at least one of them was not a new society.
### Trade unions and employers’ associations
#### Exemption for trade unions and employers' associations
##### 467
- (1) A trade union which is precluded by Act of Parliament or by its rules from assuring to any person a sum exceeding £4,000 by way of gross sum or £825 by way of annuity shall on making a claim be entitled to exemption from corporation tax—
- (a) . . . in respect of its income which is not trading income and which is applicable and applied for the purpose of provident benefits;
- (b) . . . in respect of chargeable gains which are applicable and applied for the purpose of provident benefits.
- (2) In this section “*provident benefits*” includes any payment, expressly authorised by the rules of the trade union, which is made to a member during sickness or incapacity from personal injury or while out of work, or to an aged member by way of superannuation, or to a member who has met with an accident, or has lost his tools by fire or theft, and includes a payment in discharge or aid of funeral expenses on the death of a member or the spouseor civil partner of a member or as provision for the children of a deceased member.
- (3) In determining for the purposes of this section whether a trade union is by Act of Parliament or its rules precluded from assuring to any person a sum exceeding £825 by way of annuity, there shall be disregarded any annuity contract which constitutes a registered pension scheme or is issued or held in connection with a registered pension scheme other than an occupational pension scheme (within the meaning of section 150(5) of the Finance Act 2004).
- (3A) The Treasury may by order substitute for any figure for the time being specified in this section such greater figure as may be specified in the order; and any amendment made in exercise of the power conferred by this subsection shall have effect in relation to such income or gains as may be specified in the order.
- (4) In this section “*trade union*” means—
- (a) any trade union the name of which is entered in the list of trade unions maintained by the Certification Officer under section 2 of the Trade Union and Labour Relations (Consolidation) Act 1992;
- (b) any employers’ association the name of which is entered in the list of employers’ associations maintained by the Certification Officer under section 123 of the Trade Union and Labour Relations (Consolidation) Act 1992 and which on 30th September 1971 was a registered trade union for the purposes of section 338 of the 1970 Act;
- (ba) any trade union the name of which is entered in the list of trade unions maintained by the Certification Officer for Northern Ireland under Article 5 of the Industrial Relations (Northern Ireland) Order 1992;
- (bb) any employers’ association the name of which is entered in the list of employers’ associations maintained by the Certification Officer for Northern Ireland under Article 5 of the Industrial Relations (Northern Ireland) Order 1992 and which immediately before the coming into operation of that Article was a trade union for the purposes of this section; and
- (c) the Police Federation for England and Wales, the Police Federation for Scotland, the Police Federation for Northern Ireland and any other organisation of persons in police service which has similar functions.
### CHAPTER III — UNIT TRUST SCHEMES, DEALERS IN SECURITIES ETC.
### Unit trust schemes
#### Authorised unit trusts
##### 468
- (1) In respect of income arising to the trustees of an authorised unit trust, and for the purposes of the provisions relating to relief for capital expenditure, the Tax Acts shall have effect as if—
- (a) the trustees were a company resident in the United Kingdom; and
- (b) the rights of the unit holders were shares in the company;
but paragraph (b) above is without prejudice to the making of distributions which are interest distributions (within the meaning of regulations made under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see regulation 18(3) of the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964))) to unit holders.
- (1A) In relation to any authorised unit trust the rate of corporation tax for the financial year 1996 and subsequent financial years shall be deemed to be the rate at which income tax at the basic rate is charged for the year of assessment which begins on 6th April in the financial year concerned and section 13 shall not apply.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) References in the Corporation Tax Acts to a body corporate shall be construed in accordance with subsection (1) above, and section 234A shall apply with any necessary modifications.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Subject to subsections (7) to (9) below in this section—
- “*authorised unit trust*” means, as respects an accounting period, a unit trust scheme in the case of which an order under section 243 of the Financial Services and Markets Act 2000 is in force during the whole or part of that accounting period;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*unit holder*” means a person entitled to a share of the investments subject to the trusts of a unit trust scheme; . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Each of the parts of an umbrella scheme shall be regarded for the purposes of this Chapter as an authorised unit trust and the scheme as a whole shall not be so regarded.
- (8) In this section, “*umbrella scheme*” means a unit trust scheme—
- (a) which provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are to be made to them;
- (b) under which the participants are entitled to exchange rights in one pool for rights in another; and
- (c) in the case of which an order under section 243 of the Financial Services and Markets Act 2000 is in force;
and any reference to a part of an umbrella scheme is a reference to such of the arrangements as relate to a separate pool.
- (9) In relation to a part of an umbrella scheme, any reference—
- (a) to investments subject to the trusts of an authorised unit trust, shall have effect as a reference to such of the investments as under the arrangements form part of the separate pool to which the part of the umbrella scheme relates; and
- (b) to a unit holder, shall have effect as a reference to a person for the time being having rights in that separate pool.
#### Other unit trusts
##### 469
- (1) This section applies to—
- (a) any unit trust scheme that is an unauthorised unit trust within the meaning of section 989 of ITA 2007; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
except where the trustees of the scheme are not resident in the United Kingdom.
- (2) Income arising to the trustees of the scheme shall be regarded for the purposes of the Corporation Tax Acts as income of the trustees (and not as income of the unit holders) ; and the trustees (and not the unit holders) shall be regarded as the persons to or on whom allowances or charges are to be made under the provisions of those Acts relating to relief for capital expenditure. . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) This section shall have effect in relation to distribution periods beginning on or after 6th April 1987.
#### Transitional provisions relating to unit trusts
##### 470
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Dealers in securities, banks and insurance businesses
#### Exchange of securities in connection with conversion operations, nationalisation etc
##### 471
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Distribution of securities issued in connection with nationalisation etc
##### 472
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conversion etc. of securities held as circulating capital
##### 473
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of tax-free income
##### 474
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax-free Treasury securities: exclusion of interest on borrowed money
##### 475
- (1) This section has effect where a banking business, an insurance business or a business consisting wholly or partly in dealing in securities—
- (a) is carried on in the United Kingdom by a person not ordinarily resident there; and
- (b) in computing for any of the purposes of the Income Tax Acts the profits arising from, or loss sustained, in the business, any amount which would otherwise be brought into account is disregarded by virtue of a condition subject to which any 3½% War Loan 1952 or after was issued;
and for this purpose insurance business includes insurance business of any category.
- (2) Up to the amount determined under this section (“*the amount ineligible for relief*”), interest on money borrowed for the purposes of the business—
- (a) shall be excluded in any computation under the Income Tax Acts of the profits (or losses) arising from the business . . . , . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to subsection (4) below, in determining the amount ineligible for relief, account shall be taken of all money borrowed for the purposes of the business which is outstanding in the accounting or basis period, up to the total cost of the 3½% War Loan 1952 or after held for the purpose of the business in that period.
- (4) Where the person carrying on the business is a company, account shall not be taken of any borrowed money carrying interest which, apart from subsection (2) above, does not fall to be included in the computations under paragraph (a) of that subsection . . . .
- (5) . . . The amount ineligible for relief shall be equal to a year’s interest on the amount of money borrowed which is to be taken into account under subsection (3) above at a rate equal to the average rate of interest in the accounting or basis period on money borrowed for the purposes of the business, except that in the case of a period of less than 12 months interest shall be taken for that shorter period instead of for a year.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of this section the cost of a holding of 3½% War Loan 1952 or after which has fluctuated in the accounting or basis period shall be the average cost of acquisition of the initial holding, and of any subsequent acquisitions in the accounting or basis period, applied to the average amount of the holding in the accounting or basis period, . . . .
- (9) In this section “*accounting or basis period*” means the company’s accounting period or the period by reference to which the profits or gains arising in the year of assessment are to be computed.
### CHAPTER IV — BUILDING SOCIETIES, BANKS, SAVINGS BANKS, INDUSTRIAL AND PROVIDENT SOCIETIES AND OTHERS
#### Building societies: regulations for payment of tax
##### 476
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Investments becoming or ceasing to be relevant building society investments
##### 477
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Building societies: time for payment of tax
##### 478
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest paid on deposits with banks etc
##### 479
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deposits becoming or ceasing to be composite rate deposits
##### 480
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### “Deposit-taker”, “deposit” and “relevant deposit”
##### 481
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions
##### 482
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Determination of reduced rate for building societies and composite rate for banks etc
##### 483
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) If the order made under section 26 of the Finance Act 1984 in the year 1987-88 is made in pursuance of subsection (4) of that section, that order shall, notwithstanding that that subsection is not re-enacted by this Act, apply for the purposes of sections 476 and 479 for the year 1988-89.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Savings banks: exemption from tax
##### 484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Savings banks: supplemental
##### 485
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Industrial and provident societies and co-operative associations
##### 486
- (1) Notwithstanding anything in the Tax Acts, share interest or loan interest paid by a registered industrial and provident society shall not be treated as a distribution for the purposes of corporation tax. . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) If in the course of, or as part of, a union or amalgamation of two or more registered industrial and provident societies, or a transfer of engagements from one registered industrial and provident society to another, there is a disposal of an asset by one society to another, both shall be treated for the purposes of corporation tax in respect of chargeable gains as if the asset were acquired from the society making the disposal for a consideration of such amount as would secure that neither a gain nor a loss would accrue to that society on the disposal.
- (9) Subsections (1) and (8) above shall have effect as if references to a registered industrial and provident society included any co-operative association established and resident in the United Kingdom, and having as its object or primary object to assist its members in the carrying on of agricultural or horticultural businesses on land occupied by them in the United Kingdom or in the carrying on of businesses consisting in the catching or taking of fish or shellfish.
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) In this section—
- “*co-operative association*” means a body of persons having a written constitution from which the Minister is satisfied, having regard to the provision made as to the manner in which the income of the body is to be applied for the benefit of its members and all other relevant provisions, that the body is in substance a co-operative association;
- “*the Minister*” means—
- the Secretary of State, as regards England and Wales;
- the Secretary of State, as regards Scotland; and
- the Department of Agriculture for Northern Ireland, as regards Northern Ireland;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*share interest*” means any interest, dividend, bonus or other sum payable to a shareholder of the society by reference to the amount of his holding in the share capital of the society;
- “*loan interest*” means any interest payable by the society in respect of any mortgage, loan, loan stock or deposit;
and references to the payment of share interest or loan interest include references to the crediting of such interest.
#### Credit unions
##### 487
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Co-operative housing associations
##### 488
- (1) Where a housing association makes a claim in that behalf for any year or part of a year of assessment during which the association was approved for the purposes of this section—
- (a) rent to which the association was entitled from its members for the year or part shall be disregarded for tax purposes; and
- (b) any yearly interest payable by the association for the year or part shall be treated for tax purposes in relation to the association as if there were no interest so payable.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Where the property, or any of the properties, to which any such interest as is mentioned in paragraph (b) of subsection (1) above relates is for any period not subject to a tenancy—
- (a) that paragraph shall not apply in relation to so much of the interest as is attributable to the property not subject to a tenancy;. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a claim under subsection (1) above has effect, any adjustment of the liability to tax of . . . the association which is required in consequence of the claim may be made by an assessment or by repayment or otherwise, as the case may require.
- (5) Where a housing association makes a claim in that behalf for an accounting period or part of an accounting period during which it was approved for the purposes of this section, the housing association shall be exempt from corporation tax on chargeable gains accruing to it in the accounting period or part on the disposal by way of sale of any property which has been or is being occupied by a tenant of the housing association.
- (6) References in this section to the approval of an association shall be construed as references to approval—
- (a) by the Secretary of State in the case of a housing association in Great Britain;
- (b) by the Head of the Department of the Environment for Northern Ireland in the case of a housing association in Northern Ireland;
and an association shall not be approved unless the approving authority is satisfied—
- (i) that the association is, or is deemed to be, duly registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, and is a housing association within the meaning of the Housing Associations Act 1985 or Article 3 of the Housing (Northern Ireland) Order 1992;
- (ii) that the rules of the association restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assignment (or, in Scotland, the granting or assignation) of tenancies to persons other than members; and
- (iii) that the association satisfies such other requirements as may be prescribed by the Secretary of State as respects Great Britain, or the Head of the Department for Social Development for Northern Ireland as respects Northern Ireland, and will comply with such conditions as may for the time being be so prescribed.
- (7) An approval given for the purposes of this section shall have effect as from such date (whether before or after the giving of the approval) as may be specified by the approving authority and shall cease to have effect if revoked.
- (7A) The Secretary of State may delegate any of his functions under subsections (6) and (7)—
- (a) to the Housing Corporation, in the case of a body registered as a social landlord in the register maintained by the Housing Corporation under Part I of the Housing Act 1996, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to such extent and subject to such conditions as he may specify.
- (8) The Secretary of State as respects Great Britain, or the Head of the Department of the Environment for Northern Ireland as respects Northern Ireland, may make regulations for the purpose of carrying out the provisions of this section; and, from the coming into operation of regulations under this subsection prescribing requirements or conditions for the purposes of subsection (6)(iii) above, “prescribed” in subsection (6)(iii) above shall mean prescribed by or under such regulations.
- (9) A claim under this section may be made at any time not later than two years after the end of the year of assessment or accounting period to which, or to a part of which, it relates.
- (10) Subject to subsection (11) below, no claim shall be made under this section unless during the year or accounting period, or part thereof, to which the claim relates—
- (a) no property belonging to the association making the claim was let otherwise than to a member of the association;
- (b) no property let by the association, and no part of such property, was occupied, whether solely or as joint occupier, by a person not being a member of the association;
- (c) the association making the claim satisfies the conditions specified in subsection (6)(i) and (ii) above and has complied with the conditions prescribed under subsection (6)(iii) for the time being in force; and
- (d) any covenants required to be included in grants of tenancies by those conditions have been observed.
- (11) A housing association may make a claim under this section notwithstanding anything in subsection (10) above, if the association reasonably considers that the requirements of that subsection are substantially complied with.
- (11A) If as a result of an enquiry—
- (a) into a company tax return, in which a claim under this section by a housing association is included, or
- (b) under paragraph 5 of Schedule 1A to that Act into a claim under this section by a housing association, or an amendment of such a claim,
an amendment is made to the association’s return or, as the case may be, to the claim, the liability of the association to tax for all relevant years or accounting periods may also be adjusted by the making of assessments or otherwise.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Self-build societies
##### 489
- (1) Where a self-build society makes a claim in that behalf for any year or part of a year of assessment during which the society was approved for the purposes of this section, rent to which the society was entitled from its members for the year or part shall be disregarded for tax purposes.
- (2) Where a claim under subsection (1) above has effect, any adjustment of the society’s liability to tax which is required in consequence of the claim may be made by an assessment or by repayment or otherwise, as the case may require.
- (3) Where a self-build society makes a claim in that behalf for an accounting period or part during which it was approved for the purposes of this section, the society shall be exempt from corporation tax on chargeable gains accruing to it in the accounting period or part thereof on the disposal of any land to a member of the society.
- (4) References in this section to the approval of a self-build society are references to its approval by the Secretary of State, and the Secretary of State shall not approve a self-build society for the purposes of this section unless he is satisfied—
- (a) that the society is, or is deemed to be, duly registered under the Industrial and Provident Societies Act 1965; and
- (b) that the society satisfies such other requirements as may be prescribed by or under regulations under subsection (6) below and will comply with such conditions as may for the time being be so prescribed.
- (5) An approval given for the purposes of this section shall have effect as from such date (whether before or after the giving of the approval) as may be specified by the Secretary of State and shall cease to have effect if revoked by him.
- (5A) The Secretary of State may delegate any of his functions under subsections (4) and (5) to—
- (a) the Housing Corporation, where the society has its registered office in England for the purposes of the Industrial and Provident Societies Act 1965,. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to such extent and subject to such conditions as he may specify.
- (6) The Secretary of State may by statutory instrument make regulations for the purpose of carrying out the provisions of this section; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.
- (7) A claim under this section may be made at any time not later than two years after the end of the year of assessment or accounting period to which, or to a part of which, it relates.
- (8) Subject to subsection (9) below, no claim shall be made under this section unless during the year or accounting period, or part thereof, to which the claim relates—
- (a) no land owned by the society was occupied, in whole or in part and whether solely or as joint occupier, by a person who was not, at the time of his occupation, a member of the society; and
- (b) the society making the claim satisfies the condition specified in paragraph (a) of subsection (4) above and has complied with the conditions prescribed under paragraph (b) of that subsection and for the time being in force;
and for the purposes of paragraph (a) above, occupation by any other person in accordance with the will, or the provisions applicable on the intestacy, of a deceased member, shall be treated during the first six months after the death as if it were occupation by a member.
- (9) A self-build society may make a claim under this section notwithstanding anything in subsection (8) above, if the society reasonably considers that the requirements of that subsection are substantially complied with.
- (9A) If as a result of an enquiry—
- (a) into a company tax return, in which a claim under this section by a self-build society is included, or
- (b) under paragraph 5 of Schedule 1A to that Act into a claim under this section by a self-build society or an amendment of such a claim,
an amendment is made to the society’s return or, as the case may be, to the claim, the society’s liability to tax for all relevant years or accounting periods may also be adjusted by the making of assessments or otherwise.
- (10) A claim under this section shall be in such form and contain such particulars as may be prescribed by the Board.
- (11) In this section—
- “*self-build society*” has the same meaning as in the Housing Associations Act 1985 or, in Northern Ireland, Part VII of the Housing (Northern Ireland) Order 1981; and
- “*rent*” includes any sums to which a self-build society is entitled in respect of the occupation of any of its land under a licence or otherwise.
- (12) In the application of this section to Northern Ireland—
- (a) any reference in subsections (4) and (5) above to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland;
- (b) the reference in subsection (4)(a) to the Industrial and Provident Societies Act 1965 shall be construed as a reference to the Industrial and Provident Societies Act (Northern Ireland) 1969; and
- (c) for subsection (6) there shall be substituted the following subsection—
> (6) the Department of the Environment for Northern Ireland may by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 make regulations for the purpose of carrying out the provisions of this section; and a statutory rule containing any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
#### Companies carrying on a mutual business or not carrying on a business
##### 490
- (1) Subject to subsection (2) below, where a company carries on any business of mutual trading or mutual insurance or other mutual business the provisions of the Tax Acts relating to distributions shall apply to distributions made by the company notwithstanding that they are made to persons participating in the mutual activities of that business and derive from those activities, but shall so apply only to the extent to which the distributions are made out of profits of the company which are brought into charge to corporation tax or out of franked investment income . . . . . . .
- (2) In the case of a company carrying on any mutual life assurance business, the provisions of the Tax Acts relating to distributions shall not apply to distributions made to persons participating in the mutual activities of that business and derived from those activities . . . .
- (3) Subject to subsections (1) and (2) above, the fact that a distribution made by a company carrying on any such business is derived from the mutual activities of that business and the recipient is a person participating in those activities shall not affect the character which the payment or other receipt has for purposes of corporation tax or income tax in the hands of the recipient.
- (4) Where a company does not carry on, and never has carried on, a trade or a business of holding investments, and is not established for purposes which include the carrying on of a trade or of such a business, the provisions of the Tax Acts relating to distributions shall apply to distributions made by the company only to the extent to which the distributions are made out of profits of the company which are brought into charge to corporation tax or out of franked investment income . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Distribution of assets of body corporate carrying on mutual business
##### 491
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V
#### Treatment of oil extraction activities etc. for tax purposes
##### 492
those activities shall be treated for the purposes of the charge of corporation tax on income as a separate trade, distinct from all other activities carried on by him as part of the trade.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Relief in respect of a loss incurred by a person shall not be given under section 393A(1) against his ring fence profits except to the extent that the loss arises from oil extraction activities or from oil rights.
- (3A) No deduction under section 1219 of CTA 2009 (expenses of management of investment business) shall be allowed from a company's ring fence profits.
- (4) In any case where—
- (a) in any accounting period a company incurs a loss in activities (“separate activities”) which, for that or any subsequent accounting period, are treated by virtue of subsection (1) above as a separate trade for the purposes specified in that subsection, and
- (b) in any subsequent accounting period any of its trading income is derived from activities (“related activities”) which are not part of the separate activities but which, apart from subsection (1) above, would together with those activities constitute a single trade,
then, notwithstanding anything in subsection (1) above, the amount of the loss may be set off, in accordance with section 393(1), against so much of its trading income in any subsequent accounting period as is derived from the related activities.
- (5) Subject to subsection (7) below, a capital allowance which is to be given to any person by discharge or repayment of tax shall not to any extent be given effect under section 258 of the Capital Allowances Act by deduction from or set off against his ring fence income.
- (6) Subject to subsection (7) below, a capital allowance which is to be given to any person by discharge or repayment of tax shall not to any extent be given effect under section 259 or 260 of the Capital Allowances Act by deduction from or set off against his ring fence profits.
- (7) Subsection (5) or (6) above shall not apply to a capital allowance which falls to be made to a company for any accounting period in respect of an asset used in the relevant accounting period by a company associated with it and so used in carrying on oil extraction activities. For the purposes of this subsection, the relevant accounting period is that in which the allowance in question first falls to be made to the company (whether or not it can to any extent be given effect in that period under section 259 of the Capital Allowances Act.
- (8) On a claim for group relief made by a claimant company in relation to a surrendering company, group relief shall not be allowed against the claimant company’s ring fence profits except to the extent that the claim relates to losses incurred by the surrendering company that arose from oil extraction activities or from oil rights.
#### Valuation of oil disposed of or appropriated in certain circumstances
##### 493
- (A1) Where the conditions in subsection (A2) below are met in the case of a disposal of oil by a person, section 2(5A) of the Oil Taxation Act 1975 (“*the 1975 Act*”) (transportation etc) is to apply in determining the amount which the person is to bring into account for the purposes of the charge to corporation tax on income in respect of the disposal as it applies (or would apply) for the purposes of petroleum revenue tax.
- (A2) The conditions are that—
- (a) the oil is oil won from an oil field in the United Kingdom,
- (b) the disposal is a disposal of the oil by the person crude in a sale at arm's length, as defined in paragraph 1 of Schedule 3 to the 1975 Act,
- (c) the circumstances are such that the price received or receivable—
- (i) falls to be taken into account under section 2(5)(a) of that Act in computing for the purposes of petroleum revenue tax the assessable profit or allowable loss accruing to the person in any chargeable period from the oil field, or
- (ii) would fall to be so taken into account, had the oil field been a taxable field, as defined in section 185 of the Finance Act 1993,
- (d) the terms of the contract are such as are described in the opening words of section 2(5A) of the 1975 Act,
- (e) apart from subsection (A1) above, the person is not entitled to a transportation allowance in respect of the oil (see subsection (A3)) in computing his ring fence profits,
- (f) the person does not claim a transportation allowance in respect of the oil in computing for the purposes of corporation tax any profits of his that are not ring fence profits.
- (A3) In subsection (A2) above “*transportation allowance*”, in relation to any oil, means any of the following—
- (a) a deduction in respect of the expense of transporting the oil as mentioned in the opening words of section 2(5A) of the 1975 Act,
- (b) a deduction in respect of any costs of or incidental to the transportation of the oil as there mentioned,
- (c) any such reduction in the price to be regarded as received or receivable for the oil as would result from the application of section 2(5A) of the 1975 Act, if that provision applied for the purposes of corporation tax.
- (1) Where a person disposes of any oil in circumstances such that the market value of that oil . . . falls to be taken into account under section 2 of the 1975 Act, otherwise than by virtue of paragraph 6 of Schedule 3 to that Act, in computing for the purposes of petroleum revenue tax the assessable profit or allowable loss accruing to him in any chargeable period from an oil field (or as would so fall but for section 10 of that Act), then—
- (a) for all purposes of income tax, and
- (b) for the purposes of the charge of corporation tax on income,
the disposal of the oil and its acquisition by the person to whom it was disposed of shall be treated as having been for a consideration equal to the market value of the oil as so taken into account under section 2 of that Act (or as would have been so taken into account under that section but for section 10 of that Act).
- (1A) Where an excess of nominated proceeds in a chargeable period (within the meaning given by section 61 of the Finance Act 1987) is taken into account in computing a person's profits under section 2(5)(e) of the 1975 Act (or would be taken into account if the person were chargeable to tax under that Act in respect of a field)—
- (a) for the purposes of subsection (1) the amount of the excess shall be added to the consideration which the person is deemed to have received in respect of oil disposed of by him in the period, and
- (b) for the purposes of corporation tax, that amount shall be available to the person as a deduction in computing the profits of any trade to which section 492(1) does not apply.
- (2) Where a person makes a relevant appropriation of any oil without disposing of it and does so in circumstances such that the market value of that oil . . . falls to be taken into account under section 2 of the 1975 Act in computing for the purposes of petroleum revenue tax the assessable profit or allowable loss accruing to him in any chargeable period from an oil field (or would so fall but for section 10 of that Act), then for all the purposes of income tax and for the purposes of the charge of corporation tax on income, he shall be treated—
- (a) as having, at the time of the appropriation—
- (i) sold the oil in the course of the separate trade consisting of activities falling within the definition of “oil-related activities” in section 16(2) of ITTOIA 2005 or within section 492(1)(a) or (b) above; and
- (ii) bought it in the course of the separate trade consisting of activities not so falling; and
- (b) as having so sold and bought it at a price equal to its market value as so taken into account under section 2 of the 1975 Act (or as would have been so taken into account under that section but for section 10 of that Act).
In this subsection “*relevant appropriation*” has the meaning given by section 12(1) of the 1975 Act.
- (3) Where—
- (a) a person disposes otherwise than in a sale at arm’s length (as defined in paragraph 1 of Schedule 3 to the 1975 Act) of oil acquired by him in the course of oil extraction activities carried on by him or by virtue of oil rights held by him, and
- (b) subsection (1) above does not apply in relation to the disposal,
then, for all purposes of income tax and for the purposes of the charge of corporation tax on income, the disposal of the oil and its acquisition by the person to whom it was disposed of shall be treated as having been for a consideration equal to the market value of the oil . . . .
- (4) If a person appropriates oil acquired by him in the course of oil extraction activities carried on by him or by virtue of oil rights held by him and the appropriation is to refining or to any use except for production purposes of an oil field, within the meaning of Part I of the 1975 Act, then, unless subsection (2) above applies, for all purposes of income tax and for the purposes of the charge of corporation tax on income—
- (a) he shall be treated as having, at the time of the appropriation, sold and bought the oil as mentioned in subsection (2)(a)(i) and (ii) above; and
- (b) that sale and purchase shall be deemed to have been at a price equal to the market value of the oil . . . .
- (5) For the purposes of subsections (3) and (4) above, paragraph 2 of Schedule 3 to the 1975 Act shall apply as it applies for the purposes of Part 1 of that Act, but with the following modifications—
- (a) sub-paragraph (4) shall be treated as omitted;
- (b) any reference in paragraphs 2 and 2A to oil being relevantly appropriated shall be construed as a reference to its being appropriated as mentioned in section 493(4) of the Taxes Act; and
- (c) any reference in paragraph 2 to the notional delivery day for the actual oil shall be construed as a reference to the day on which the oil is disposed of or appropriated as mentioned in subsection (3) or (4) above.
- (6) In subsections (3) and (4) above the references to the market value of any oil in the calendar month in which a disposal of the oil was made or, as the case may be, in which it was appropriated shall each have effect in relation to light gases (within the meaning of the 1975 Act) as a reference to the amount which, if paragraph 3A of Schedule 3 to the 1975 Act applied, would be the market value of that oil in relation to the disposal or appropriation in question.
#### Charges on income
##### 494
- (1) . . . Part 5 of CTA 2009 (loan relationships) shall have effect subject to the following provisions of this section.
- (2) Debits shall not be brought into account for the purposes of Part 5 of CTA 2009 in respect of any loan relationship of a company in any manner that results in a reduction of what would otherwise be the company’s ring fence profits except—
- (a) to the extent that the loan relationship is in respect of money borrowed by the company which has been—
- (i) used to meet expenditure incurred by the company in carrying on oil extraction activities or in acquiring oil rights otherwise than from a connected person; or
- (ii) appropriated to meeting expenditure to be so incurred by the company;
- (b) in the case of debits falling to be brought into account by virtue of section 329 of that Act in respect of a loan relationship that has not been entered into, to the extent that the relationship would have been one entered into for the purpose of borrowing money to be used or appropriated as mentioned in paragraph (a) above; and
- (c) in the case of debits in respect of a relationship to which Chapter 2 of Part 6 (relevant non-lending relationships) of that Act applies, to the extent that—
- (i) the payment of interest under that relationship is expenditure incurred as mentioned in sub-paragraph (i) of paragraph (a) above; or
- (ii) the exchange loss arising from that relationship is in respect of a money debt on which the interest payable (if any) is, or would be, such expenditure;
as the case may be;. . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- In this subsection “*debtor relationship*” and “*creditor relationship*” have the same meanings as in Part 5 of CTA 2009, and references to a loan relationship, in relation to the borrowing of money, do not include references to any relationship to which Chapter 2 of Part 6 (relevant non-lending relationships) of that Act applies.
- Section 839 shall apply for the purposes of this subsection.
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2ZA) Credits in respect of exchange gains from a company’s loan relationships shall not be brought into account for the purposes of Part 5 of CTA 2009 in respect of any loan relationship of a company in any manner that results in an increase of what would otherwise be the company’s ring fence profits, except to the extent that, if the credit had been a debit in respect of an exchange loss from the relationship, it would have been brought into account by virtue of any of paragraphs (a) to (c) of subsection (2) above.
- (2A) Where any debit or credit—
- (a) falls to be brought into account for the purposes of Part 5 of CTA 2009 in respect of any loan relationship of a company, but
- (b) in accordance with subsection (2) or (2ZA) above cannot be brought into account in a manner that results in any reduction or, as the case may be, increase of what would otherwise be the company’s ring fence profits,
then (notwithstanding anything in section 297 of that Act) that debit or credit shall be brought into account for those purposes as a non-trading debit or, as the case may be, non-trading credit.
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Regional development grants
##### 495
- (1) Subsection (2) below applies in any case where—
- (a) a person has incurred expenditure (by way of purchase, rent or otherwise) on the acquisition of an asset in a transaction to which paragraph 2 of Schedule 4 to the 1975 Act applies (transactions between connected persons and otherwise than at arm’s length), and
- (b) the expenditure incurred by the other person referred to in that paragraph in acquiring, bringing into existence or enhancing the value of the asset as mentioned in that paragraph has been or is to be met by a regional development grant and, in whole or in part, falls to be taken into account Part 2 . . . or 6 of the Capital Allowances Act (capital allowances relating to plant and machinery . . . or research and development).
- (2) Where this subsection applies, for the purposes of the charge of income tax or corporation tax on the income arising from those activities of the person referred to in paragraph (a) of subsection (1) above which are treated by virtue of section 16(1) of ITTOIA 2005 or section 492(1) above as a separate trade for those purposes, the expenditure referred to in that paragraph shall be treated as reduced by the amount of the regional development grant referred to in paragraph (b) of that subsection.
- (3) Subsections (4) to (6) below apply where—
- (a) expenditure incurred by any person in relation to an asset in any relevant period (“*the initial period*”) has been or is to be met by a regional development grant; and
- (b) notwithstanding the provisions of section 137 of the Finance Act 1982 and subsections (1) and (2) above, in determining that person’s liability to income tax or corporation tax for the initial period the whole or some part of that expenditure falls to be taken into account Part 2 . . . or 6 of the Capital Allowances Act; and
- (c) in a relevant period subsequent to the initial period either expenditure on the asset becomes allowable under section 3 or 4 of the 1975 Act or the proportion of any such expenditure which is allowable is different as compared with the initial period;
and in subsections (4) to (6) below the subsequent relevant period referred to in paragraph (c) above is referred to as “*the adjustment period*”.
- (4) Where this subsection applies—
- (a) there shall be redetermined for the purposes of subsections (5) and (6) below the amount of the expenditure referred to in subsection (3)(a) above which would have been taken into account as mentioned in subsection (3)(b) if the circumstances referred to in subsection (3)(c) had existed in the initial period; and
- (b) according to whether the amount as so redetermined is greater or less than the amount actually taken into account as mentioned in subsection (3)(b), the difference is in subsections (5) and (6) below referred to as the increase or the reduction in the allowance.
- (5) If there is an increase in the allowance, then, for the purposes of the provisions referred to in subsection (3)(b) above, an amount of capital expenditure equal to the increase shall be deemed to have been incurred by the person concerned in the adjustment period on an extension of or addition to the asset referred to in subsection (3)(a) above.
- (6) If there is a reduction in the allowance, then, for the purpose of determining the liability to income tax or corporation tax of the person concerned, he shall be treated as having received in the adjustment period, as income of the trade in connection with which the expenditure referred to in subsection (3)(a) above was incurred, a sum equal to the amount of the reduction in the allowance.
- (7) In this section—
- “*regional development grant*” means a grant falling within section 534(1) of the Capital Allowances Act; and
- “*relevant period*” means an accounting period of a company or a year of assessment.
#### Tariff receipts
##### 496
- (1) Any sum which—
- (a) constitutes a tariff receipt or tax-exempt tariffing receipt of a person who is a participator in an oil field, and
- (b) constitutes consideration in the nature of income rather than capital, and
- (c) would not, apart from this subsection, be treated for the purposes of this Chapter as a receipt of the separate trade referred to in section 16(1) of ITTOIA 2005 or section 492(1) above,
shall be so treated for those purposes.
- (2) To the extent that they would not otherwise be so treated, the activities of a participator in an oil field or a person connected with him in making available an asset in a way which gives rise to tariff receipts or tax-exempt tariffing receipts of the participator shall be treated for the purposes of this Chapter as oil extraction activities.
- (3) In determining for the purposes of subsection (1) above whether any sum constitutes a tariff receipt or tax-exempt tariffing receipt of a person who is a participator, no account shall be taken of any sum which—
- (a) is in fact received or receivable by a person connected with the participator, and
- (b) constitutes a tariff receipt or tax-exempt tariffing receipt of the participator,
but in relation to the person by whom such a sum is actually received, subsection (1) above shall have effect as if he were a participator and as if the condition in paragraph (a) of that subsection were fulfilled.
- (4) References in this section to a person connected with a participator include references to a person with whom the person is associated within the meaning of paragraph 11 of Schedule 2 to the Oil Taxation Act 1983.
#### Restriction on setting ACT against income from oil extraction activities etc
##### 497
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Limited right to carry back surrendered ACT
##### 498
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Surrender of ACT where oil extraction company etc. owned by a consortium
##### 499
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deduction of PRT in computing income for corporation tax purposes
##### 500
- (1) Where a participator in an oil field has paid any petroleum revenue tax with which he was chargeable for a chargeable period, then, in computing for corporation tax the amount of his income arising in the relevant accounting period from oil extraction activities or oil rights, there shall be deducted an amount equal to that petroleum revenue tax.
- (2) There shall be made all such adjustments of assessments to corporation tax as are required in order to give effect to subsection (1) above.
- (3) For the purposes of subsection (1) above, the relevant accounting period, in relation to any petroleum revenue tax paid by a company, is—
- (a) the accounting period of the company in or at the end of which the chargeable period for which that tax was charged ends; or
- (b) if that chargeable period ends after the accounting period of the company in or at the end of which the company—
- (i) ceases to carry on the trade giving rise to the income referred to above, or
- (ii) ceases to be within the charge to corporation tax in respect of that trade,
that accounting period.
- (4) Subject to the following provisions of this section if some or all of the petroleum revenue tax in respect of which a deduction has been made under subsection (1) above is subsequently repaid, that deduction shall be reduced or extinguished accordingly; and any additional assessment to corporation tax required in order to give effect to this subsection may be made at any time not later than six years after the end of the calendar year in which the first-mentioned tax was repaid.
- (5) If, in a case where paragraph 17 of Schedule 2 to the 1975 Act applies, an amount of petroleum revenue tax in respect of which a deduction has been made under subsection (1) above is repaid by virtue of an assessment under that Schedule or an amendment of such an assessment, then, so far as concerns so much of that repayment as constitutes the appropriate repayment,—
- (a) subsection (4) above shall not apply; and
- (b) the following provisions of this section shall apply in relation to the company which is entitled to the repayment.
- (6) In subsection (5) above and the following provisions of this section—
- (a) “*the appropriate repayment*” has the meaning assigned by sub-paragraph (2) of paragraph 17 of Schedule 2 to the 1975 Act;
- (b) in relation to the appropriate repayment, a “*carried back loss*” means an allowable loss which falls within sub-paragraph (1)(a) of that paragraph and which (alone or together with one or more other carried back losses) gives rise to the appropriate repayment;
- (c) in relation to a carried back loss, “*the operative chargeable period*” means the chargeable period in which the loss accrued; and
- (d) in relation to the company which is entitled to the appropriate repayment, “*the relevant accounting period*”means—
- (i) the accounting period in or at the end of which ends the operative chargeable period, or
- (ii) if the company ceases to carry on its ring fence trade (or to be within the charge to corporation tax in respect of that trade) before the end of the operative chargeable period, the last accounting period of that trade (or, as the case requires, the accounting period during or at the end of which the company ceased to be within the charge to corporation tax in respect of that trade).
- (7) In computing for corporation tax the amount of the company’s income arising in the relevant accounting period from oil extraction activities or oil rights there shall be added an amount equal to the appropriate repayment; but this subsection has effect subject to subsection (8) below in any case where—
- (a) two or more carried back losses give rise to the appropriate repayment; and
- (b) the operative chargeable period in relation to each of the carried back losses is not the same; and
- (c) if subsection (6)(d) above were applied separately in relation to each of the carried back losses there would be more than one relevant accounting period.
- (8) Where paragraphs (a) to (c) of subsection (7) above apply, the appropriate repayment shall be treated as apportioned between each of the relevant accounting periods referred to in paragraph (c) of that subsection in such manner as to secure that the amount added by virtue of that subsection in relation to each of those relevant accounting periods is what it would have been if—
- (a) relief for each of the carried back losses for which there is a different operative chargeable period had been given by a separate assessment or amendment of an assessment under Schedule 2 to the 1975 Act; and
- (b) relief for a carried back loss accruing in an earlier chargeable period had been so given before relief for a carried back loss accruing in a later chargeable period.
- (9) Any additional assessment to corporation tax required in order to give effect to the addition of an amount by virtue of subsection (7) above may be made at any time not later than six years after the end of the calendar year in which is made the repayment of petroleum revenue tax comprising the appropriate repayment.
- (10) In this section “*allowable loss*” and “*chargeable period*” have the same meaning as in Part I of the 1975 Act and “*calendar year*” means a period of twelve months beginning on 1st January.
#### Interest on repayment of PRT
##### 501
Where any amount of petroleum revenue tax paid by a participator in an oil field is, under any provision of Part I of the 1975 Act, repaid to him with interest, the amount of the interest paid to him shall be disregarded in computing the amount of his income for the purposes of corporation tax.
#### Interpretation of Chapter V
##### 502
- (1) In this Chapter—
- “*the 1975 Act*” means the Oil Taxation Act 1975 ;
- “*oil*” means any substance won or capable of being won under the authority of a licence granted under either Part I of the Petroleum Act 1998 or the Petroleum (Production) Act (Northern Ireland) 1964, other than methane gas won in the course of operations for making and keeping mines safe;
- “*oil extraction activities*” means any activities of a person—in searching for oil in the United Kingdom or a designated area or causing such searching to be carried out for him; orin extracting or causing to be extracted for him oil at any place in the United Kingdom or a designated area under rights authorising the extraction and held by him or, if the person in question is a company, by the company or a company associated with it; orin transporting or causing to be transported for him . . . oil extracted at any such place not on dry land under rights authorising the extraction and so held where the transportation is—to the place where the oil is first landed in the United Kingdom, orto the place in the United Kingdom or, in the case of oil first landed in another country, the place in that or any other country (other than the United Kingdom) at which the seller in a sale at arm’s length could reasonably be expected to deliver it or, if there is more than one such place, the one nearest to the place of extraction; orin effecting or causing to be effected for him the initial treatment or initial storage of oil won from any oil field under rights authorising its extraction and so held;
- “*oil field*” has the same meaning as in Part I of the 1975 Act;
- “*oil rights*” means rights to oil to be extracted at any place in the United Kingdom or a designated area, or to interests in or to the benefit of such oil;
- “*participator*” has the same meaning as in Part I of the 1975 Act; and
- “*ring fence income*” means income arising from oil extraction activities or oil rights; and
- “*ring fence profits*” has the meaning given by subsection (1A) below or, in any case where that subsection does not apply, means ring fence income; and
- “*ring fence trade*” means activities which—fall within the definition of “oil-related activities” in section 16(2) of ITTOIA 2005 or within section 492(1) above; andconstitute a separate trade (whether by virtue of section 16(1) of ITTOIA 2005 or section 492(1) above or otherwise).
- (1A) Where in accordance with section 197(3) of the 1992 Act a person has an aggregate gain for any chargeable period, that gain and his ring fence income (if any) for that period together constitute his ring fence profits for the purposes of this Chapter.
- (2) For the purposes of subsection (1) above—
- (a) “*designated area*” means an area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964;
- (b) “*initial treatment*” has the same meaning as in Part I of the 1975 Act; and
- (c) the definition of “*initial storage*” in section 12(1) of the 1975 Act shall apply but, in its application for those purposes in relation to the person mentioned in subsection (1)(d) above and to oil won from any one oil field shall have effect as if the reference to the maximum daily production rate of oil for the field as there mentioned were a reference to that person’s share of that maximum daily production rate, that is to say, a share thereof proportionate to his share of the oil won from that field.
- (3) For the purposes of this Chapter two companies are associated with one another if—
- (a) one is a 51 per cent. subsidiary of the other;
- (b) each is a 51 per cent. subsidiary of a third company; or
- (c) one is owned by a consortium of which the other is a member.
- (3A) Section 413(6) applies for the purposes of subsection (3)(c) above but as if section 413 were modified as follows—
- (a) as if the definition of “company" in subsection (2) were omitted;
- (b) as if at the beginning of subsection (5) there were inserted “References in this Chapter to a company apply only to bodies corporate resident in the United Kingdom; and"; and
- (c) as if in that subsection, after the word “*receipt*”, in the second place where it occurs, there were inserted “; or
- (c) of any share capital which it owns directly or indirectly in a body corporate not resident in the United Kingdom.”
- (4) Without prejudice to subsection (3) above, for the purposes of this Chapter, two companies are also associated with one another if one has control of the other or both are under the control of the same person or persons; and in this subsection “control” shall be construed in accordance with section 416.
### CHAPTER VI — MISCELLANEOUS BUSINESSES AND BODIES
#### Letting of furnished holiday accommodation treated as a trade
##### 503
- (1) For the purposes of Chapter 2 of Part 10 (loss relief for corporation tax)—
- (a) a UK property business which consists in, or so far as it consists in, the commercial letting of furnished holiday accommodation . . . shall be treated as if it were a trade carried on wholly or partly in the United Kingdom the profits of which are chargeable to corporation tax under Part 3 of CTA 2009, and
- (b) all such lettings made by a particular company or partnership shall be treated as one trade.
The “*commercial letting of furnished holiday accommodation*” is defined below in section 504.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where there is a letting of accommodation only part of which is holiday accommodation, such apportionments shall be made for the purposes of this section as are just and reasonable.
- (5) Relief shall not be given for the same loss, or the same portion of a loss, both under a provision of Chapter 2 of Part 10 as applied by this section and under any other provision of the Corporation Tax Acts.
#### Supplementary provisions
##### 504
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charities: general
##### 505
- (1) Subject to subsections (2) and (3) below, the following exemptions shall be granted on a claim in that behalf to the Board—
- (a) exemption from tax under Parts 3 and 4 of CTA 2009. . . in respect of any profits or gains arising in respect of rents or other receipts from an estate, interest or right in or over any land (whether situated in the United Kingdom or elsewhere) to the extent that the profits or gains—
- (i) arise in respect of rents or receipts from an estate, interest or right vested in any person for charitable purposes; and
- (ii) are applied to charitable purposes only;
- (aa) exemption from tax under Parts 3 and 4 of CTA 2009, or under Parts 2 and 3 of ITTOIA 2005, in respect of distributions to which section 121 of the Finance Act 2006 (Real Estate Investment Trusts: distributions) applies to the extent that the distributions—
- (i) arise in respect of shares vested in a person for charitable purposes; and
- (ii) are applied to charitable purposes only;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) exemption—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) from tax under section 299 of CTA 2009 (non-trading profits in respect of loan relationships),
- (iiza) from tax under Chapter 5 of Part 10 of that Act (distributions from unauthorised unit trusts),
- (iizb) from tax under Chapter 7 of that Part (annual payments not otherwise charged),
- (iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iiaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iib) from tax under Chapter 2 of Part 10 of CTA 2009 (dividends of non-UK resident companies) or from tax under Chapter 8 of that Part (income not otherwise charged) so far as it applies to relevant foreign distributions,
- (iic) from tax under Part 8 of CTA 2009 in respect of non-trading gains on intangible fixed assets,
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where the income in question forms part of the income of a charitable company, or is, according to rules or regulations established by Act of Parliament, charter, decree, deed of trust or will, applicable to charitable purposes only, and so far as it is applied to charitable purposes only;
- (d) exemption from tax . . . . . . in respect of public revenue dividends on securities which are in the name of trustees, to the extent that the dividends are applicable and applied only for the repair of—
- (i) any cathedral, college, church or chapel, or
- (ii) any building used only for the purposes of divine worship;
- (e) exemption from tax under Part 3 of CTA 2009. . . in respect of the profits of any trade carried on by a charitable company(whether in the United Kingdom or elsewhere), if the profits are applied solely to the purposes of the charitable company and either—
- (i) the trade is exercised in the course of the actual carrying out of a primary purpose of the charitable company; or
- (ii) the work in connection with the trade is mainly carried out by beneficiaries of the charitable company;
- (f) exemption from tax under Schedule D . . . in respect of profits accruing to a charitable company from a lottery if the profits are applied solely to the charitable company's purposes and—
- (i) the lottery is an exempt lottery within the meaning of the Gambling Act 2005 by virtue of Part 1 or 4 of Schedule 11 to that Act;
- (ii) the lottery is promoted in accordance with a lottery operating licence within the meaning of Part 5 of that Act; or
- (iii) the lottery is promoted and conducted in accordance with Article 133 or 135 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.
- (1AA) In subsection (1)(c)(iib)“*relevant foreign distribution*” means any distribution of a company not resident in the United Kingdom which is not chargeable under Chapter 2 of Part 10 of CTA 2009.
- (1A) In subsection (1)(d) above “*public revenue dividends*” means—
- (a) income from securities which is payable out of the public revenue of the United Kingdom or Northern Ireland;
- (b) income from securities issued by or on behalf of a government or a public or local authority in a country outside the United Kingdom.
- (1B) For the purpose of subsection (1)(e)—
- (a) where a trade is exercised partly in the course of the actual carrying out of a primary purpose of the charitable company and partly otherwise, each part shall be treated as a separate trade (for which purpose reasonable apportionment of expenses and receipts shall be made), and
- (b) where the work in connection with the trade is carried out partly but not mainly by beneficiaries, the part in connection with which work is carried on by beneficiaries and the other part shall be treated as separate trades (for which purpose reasonable apportionment of expenses and receipts shall be made).
- (2) Any payment which—
- (a) is received by a charitable company from another charity; and
- (b) is not made for full consideration in money or money’s worth; and
- (c) is not chargeable to corporation tax apart from this subsection; and
- (d) is not, apart from this subsection, of a description which (on a claim) would be eligible for relief from tax by virtue of any provision of subsection (1) above;
shall be . . . chargeable to corporation tax under the charge to corporation tax on income but shall be eligible for relief from tax under subsection (1)(c) above as if it were an annual payment.
- (3) In subsections (4) to (7)—
- (a) “*charitable expenditure*” has the meaning given by section 506,
- (b) “*relief*” means relief or exemption under—
- (i) subsection (1) above,
- (ii) section 56(3)(c) above,
- (iii) section 761(6) below,
- (iv) section 256 of the 1992 Act (charities), or
- (v) section 46 of the Finance Act 2000 (small trades),
- (c) “*relievable income and gains*” means income and gains which would be eligible for relief or exemption under any of those provisions (disregarding subsections (4) to (6)), and
- (d) “*total income and gains*” means the aggregate of—
- (i) relievable income and gains,
- (ii) income and gains, other than relievable income and gains, chargeable to tax, and
- (iii) donations, legacies and other similar receipts that are not chargeable to tax.
- (4) If a charitable company incurs (or is treated as incurring) non-charitable expenditure in an accounting period, relief shall be disallowed in respect of such amount of relievable income and gains as equals the amount of the non-charitable expenditure.
- (5) If in an accounting period a charitable company's non-charitable expenditure exceeds its total income and gains the excess shall be treated as non-charitable expenditure of the previous period for the purposes of subsection (4); and any necessary adjustments shall be made, whether by making assessments or otherwise.
- (6) Subsection (5) may apply to an accounting period wholly or partly as a result of the application of that subsection in respect of a later period; but no excess of non-charitable expenditure shall be treated as non-charitable expenditure of an accounting period which ended more than six years before the end of the period in which the expenditure was actually incurred.
- (7) Where an amount of a charitable company's relievable income and gains is disallowed for relief by subsection (4) (whether or not as a result of the application of subsection (5))—
- (a) the charitable company may by notice to the Board specify which items of income or gains are to be disallowed, but
- (b) if the Board requires the charitable company to give a notice under paragraph (a) and the charitable company fails to comply within the period of 30 days beginning with the date on which the requirement is imposed, the Board shall determine which items to disallow.
#### Qualifying expenditure and non-qualifying expenditure
##### 506
- (1) In this section, section 505 and Schedule 20—
- “*charity*” means any body of persons or trust established for charitable purposes only;
- “*charitable company*” means any body of persons established for charitable purposes only;
- “*charitable expenditure*” means (subject to subsections (3) to (5) below) expenditure which is exclusively for charitable purposes.
- (2) For the purposes of section 505 . . . , where expenditure which is not actually incurred in a particular accounting period properly falls to be charged against the income of that accounting period as being referable to commitments (whether or not of a contractual nature) which the charitable company has entered into before or during that period, it shall be treated as incurred in that period.
- (3) A payment made (or to be made) to a body situated outside the United Kingdom shall not be charitable expenditure by virtue of this section unless the charitable company concerned has taken such steps as may be reasonable in the circumstances to ensure that the payment will be applied for charitable purposes.
- (4) If in any accounting period a charitable company—
- (a) invests any of its funds in an investment which is not a qualifying investment, as defined in Part I of Schedule 20; or
- (b) makes a loan (not being an investment) which is not a qualifying loan, as defined in Part II of that Schedule;
then, subject to subsection (5) below, the amount so invested or lent in that period shall be treated for the purposes of this section as being an amount of expenditure incurred by the charitable company, and, accordingly, as being non-charitable expenditure.
- (5) If, in any accounting period, a charitable company which has in that period made an investment or loan falling within subsection (4) above—
- (a) realises the whole or part of that investment; or
- (b) is repaid the whole or part of that loan;
any further investment or lending in that period of the sum realised or repaid shall, to the extent that it does not exceed the sum originally invested or lent, be left out of account in determining the amount which, by virtue of subsection (4) above, is treated as non-charitable expenditure incurred in that period.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The National Heritage Memorial Fund, the Historic Buildings and Monuments Commission for England and the British Museum
##### 507
- (1) There shall on a claim in that behalf to the Board be allowed in the case of—
- (a) the Trustees of the National Heritage Memorial Fund;
- (b) the Historic Buildings and Monuments Commission for England;
- (c) the Trustees of the British Museum;
- (d) the Trustees of the Natural History Museum;
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) the National Endowment for Science, Technology and the Arts;
such exemption from tax as falls to be allowed under section 505 in the case of a charitable company the whole income of which is applied to charitable purposes.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scientific research organisations
##### 508
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reserves of marketing boards and certain other statutory bodies
##### 509
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Agricultural societies
##### 510
- (1) Profits or gains arising to an agricultural society from any exhibition or show held for the purposes of the society shall be exempt from tax if applied solely to the purposes of the society.
- (2) In this section “*agricultural society*” means any society or institution established for the purpose of promoting the interests of agriculture, horticulture, livestock breeding or forestry.
#### The Electricity Council and Boards, the Northern Ireland Electricity Service and the Gas Council
##### 511
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The Corporation Tax Acts shall apply in relation to the trade of the Gas Council as if before the beginning of April 1962 it had consisted of the trades of the Area Boards (within the meaning of the Gas Act 1948), and (without prejudice to the generality of the foregoing) allowances and balancing charges shall be made to or on the Gas Council accordingly by reference to the capital expenditure of Area Boards and to the allowances made to Area Boards in respect of that expenditure.
#### Atomic Energy Authority and National Radiological Protection Board
##### 512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### British Airways Board and National Freight Corporation
##### 513
- (1) Subject to subsection (2) below, the successor company in which the property, rights, liabilities and obligations of the British Airways Board are vested by the Civil Aviation Act 1980 shall be treated for all purposes of corporation tax as if it were the same person as the British Airways Board; and the successor company to which the undertaking of the National Freight Corporation is transferred by the Transport Act 1980 shall be treated for those purposes as if it were the same person as the National Freight Corporation.
- (2) The transfer by the Civil Aviation Act 1980 from the British Airways Board to the successor company of liability for any loan made to the Board shall not affect any direction in respect of the loan which has been given by the Treasury under section 581.
- (3) A successor company shall not by virtue of subsection (1) above be regarded as a body falling within section 170(12) of the 1992 Act.
#### Funds for reducing the National Debt
##### 514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Signatories to Operating Agreement for INMARSAT
##### 515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Government securities held by non-resident central banks
##### 516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Issue departments of the Reserve Bank of India and the State Bank of Pakistan
##### 517
There shall be exempt from corporation tax any profits or income arising or accruing to the issue department of the Reserve Bank of India constituted under an Act of the Indian legislature called the Reserve Bank of India Act 1934, or to the issue department of the State Bank of Pakistan constituted under certain orders made under section 9 of the Indian Independence Act 1947.
#### Harbour reorganisation schemes
##### 518
- (1) This section has effect where the trade of any body corporate other than a limited liability company is transferred to a harbour authority by or under a certified harbour reorganisation scheme which provides also for the dissolution of the transferor.
- (2) For the purposes of provisions of the Corporation Tax Acts that apply—
- (a) only if a person starts to carry on a trade, or
- (b) only if a person ceases to carry on a trade,
the transferor is not treated as ceasing to carry on the trade, and the transferee is not treated as starting to carry it on.
- (3) The transferee shall be entitled to relief from corporation tax under section 393(1), as for a loss sustained by it in carrying on the transferred trade or any trade of which it comes to form part, for any amount which, if the transferor had continued to carry it on, would have been available to the transferor for carry-forward against chargeable profits of succeeding accounting periods, but subject to any claim made by the transferor under section 393A(1).
- (4) There shall be made to or on the transferee in accordance with the Capital Allowances Act (including enactments which under this Act are to be treated as contained in that Act) all such allowances and charges as would, if the transferor had continued to carry on the trade, have fallen to be made to or on it under those Acts and the amount of any such allowance or charge shall be computed as if the transferee had been carrying on the trade since the transferor had begun to do so and as if everything done to or by the transferor had been done to or by the transferee.
- (5) No sale or transfer which on the transfer of the trade is made by the transferor to the transferee of any assets in use for the purposes of the trade shall be treated as giving rise to any such allowance or charge as is mentioned in subsection (4) above.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The transferee shall be entitled to relief from corporation tax in respect of chargeable gains for any amount for which the transferor would have been entitled to claim relief in respect of allowable losses if it had continued to carry on the trade.
- (8) Where part only of such trade is transferred to a harbour authority by or under a certified harbour organisation scheme, and the transferor continues to carry on the remainder of the trade, or any such trade is, by or under a certified harbour reorganisation scheme which provides also for the dissolution of the transferor, transferred in parts to two or more harbour authorities, this section shall apply as if the transferred part, or each of the transferred parts, had at all times been a separate trade.
- (9) Where a part of any trade is to be treated by virtue of subsection (8) above as having been a separate trade over any period there shall be made any necessary adjustments of accounting periods, and such apportionments as may be just of receipts, expenses, allowances or charges.
- (10) In this section—
- “*harbour authority*” has the same meaning as in the Harbours Act 1964;
- “*harbour reorganisation scheme*” means any statutory provision providing for the management by a harbour authority of any harbour or group of harbours in the United Kingdom, and “*certified*”, in relation to any harbour reorganisation scheme, means certified by a Minister of the Crown or government department as so providing with a view to securing, in the public interest, the efficient and economical development of the harbour or harbours in question;
- “*limited liability company*” means a company having a limit on the liability of its members;
- “*statutory provision*” means any enactment, or any scheme, order or other instrument having effect under an enactment, and includes an enactment confirming a provisional order; and
- “*transferor*”, in relation to a trade, means the body from whom the trade is transferred, whether or not the transfer is effected by that body.
#### Local authorities
##### 519
- (1) A local authority in the United Kingdom shall be exempt from corporation tax.
- (2) Subsection (1) above shall apply to a local authority association as it applies to a local authority.
- (3) In this Act “*local authority association*” means any incorporated or unincorporated association—
- (a) of which all the constituent members are local authorities, groups of local authorities or local authority associations, and
- (b) which has for its object or primary object the protection and furtherance of the interests in general of local authorities or any description of local authorities;
and for this purpose, if a member of an association is a representative of or appointed by any authority, group of authorities or association, that authority, group or association (and not he) shall be treated as a constituent member of the association.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XIII — MISCELLANEOUS SPECIAL PROVISIONS
### CHAPTER I — INTELLECTUAL PROPERTY
### Patents and know-how
#### Allowances for expenditure on purchase of patent rights: post-31st March 1986 expenditure
##### 520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 520
##### 521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowances for expenditure on purchase of patent rights: pre-1st April 1986 expenditure
##### 522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lapses of patent rights, sales etc
##### 523
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of receipts from sale of patent rights
##### 524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital sums: death, winding up or partnership change
##### 525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for expenses
##### 526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Spreading of royalties over several years
##### 527
- (1) Where—
- (a) a royalty or other sum is paid to a company in respect of the user of a patent,
- (b) the user extended over a period of six complete years or more, and
- (c) the payment is one from which a sum representing income tax must be deducted under section 903 of ITA 2007,
the company may on the making of a claim require that the corporation tax payable by it by reason of the receipt of that sum shall be reduced so as not to exceed the total amount of corporation tax which would have been payable by it if that royalty or sum had been paid in six equal instalments at yearly intervals, the last of which was paid on the date on which the payment was in fact made.
- (2) Subsection (1) above shall apply in relation to a royalty or other sum where the period of the user is two complete years or more but less than six complete years as it applies to the royalties and sums mentioned in that subsection, but with the substitution for the reference to six equal instalments of a reference to so many equal instalments as there are complete years comprised in that period.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Manner of making allowances and charges
##### 528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Patent income to be earned income in certain cases
##### 529
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disposal of know-how
##### 530
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 530
##### 531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of the 1968 Act
##### 532
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 520 to 532
##### 533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Copyright and public lending right
#### Relief for copyright payments etc
##### 534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief where copyright sold after ten years or more
##### 535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of royalties where owner abroad
##### 536
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public lending right
##### 537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Artists’ receipts
#### Relief for painters, sculptors and other artists
##### 538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — LIFE POLICIES, LIFE ANNUITIES AND CAPITAL REDEMPTION POLICIES
#### Introductory
##### 539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies: chargeable events
##### 540
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies: computation of gain
##### 541
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life annuity contracts: chargeable events
##### 542
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life annuity contracts: computation of gain
##### 543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Second and subsequent assignment of life policies and contracts
##### 544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital redemption policies
##### 545
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Calculation of certain amounts for purposes of sections 540, 542 and 545
##### 546
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Method of charging gain to tax
##### 547
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deemed surrender of certain loans
##### 548
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Certain deficiencies allowable as deductions
##### 549
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief where gain charged at a higher rate
##### 550
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right of individual to recover tax from trustees
##### 551
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information: duty of insurers
##### 552
- (1) Where a chargeable event . . . has happened in relation to any policy or contract, the body by or with whom the policy or contract was issued, entered into or effected shall—
- (a) unless satisfied that no gain is to be treated as arising by reason of the event, deliver to the appropriate policy holder before the end of the relevant three month period a certificate specifying the information described in subsection (5) below; and
- (b) if the condition in paragraph (a) or (b) of subsection (2) below is satisfied, deliver to the inspector before the end of the relevant three month period a certificate specifying the information described in subsection (5) below together with the name and address of the appropriate policy holder.
- (2) For the purposes of this section—
- (a) the condition in this paragraph is that the event is an assignment for money or money’s worth of the whole of the rights conferred by the policy or contract; or
- (b) the condition in this paragraph is that the amount of the gain, or the aggregate amount of the gain and any gains connected with it, exceeds one half of the basic rate limit for the relevant year of assessment.
- (3) If, in the case of every certificate which a body delivers under subsection (1)(a) above which relates to a gain attributable to a year of assessment . . . , the body also delivers to the inspector—
- (a) before the end of the relevant three month period for the purposes of subsection (1)(b) above,
- (b) by a means prescribed by the Board for the purposes of this subsection under section 552ZA(5), and
- (c) in a form so prescribed in the case of that means,
a certificate specifying the same information as the certificate under subsection (1)(a) together with the name and address of the appropriate policy holder, the body shall be taken to have complied with the requirements of subsection (1)(b) above in relation to that year of assessment . . . so far as relating to the chargeable events to which the certificates relate.
- (4) Where a certificate is not required to be delivered under subsection (1)(b) above in the case of any chargeable event—
- (a) the inspector may by notice require the body to deliver to him a copy of any certificate that the body was required to deliver under subsection (1)(a) above which relates to the chargeable event; and
- (b) it shall be the duty of the body to deliver such a copy within 30 days of receipt of the notice.
- (5) The information to be given to the appropriate policy holder pursuant to subsection (1)(a) above or the inspector pursuant to subsection (1)(b) above is—
- (a) any unique identifying designation given to the policy or contract;
- (b) the nature of the chargeable event and—
- (i) the date on which it happened; and
- (ii) if it is a chargeable event by virtue of . . . section 514(1) of ITTOIA 2005 (chargeable events where transaction-related calculations show gains), the date on which the insurance year ends;
- (c) if the event is the assignment of all the rights conferred by the policy or contract, such of the following as may be required for computing the amount of the gain to be treated as arising by virtue of . . . Chapter 9 of Part 4 of ITTOIA 2005—
- (i) . . . the amount or value of any capital sums of a kind referred to in section 492(1)(b) to (e) of ITTOIA 2005;
- (ii) the amounts previously paid under the policy or contract by way of premiums or otherwise by way of consideration for an annuity;
- (iii) . . . the amount of so much of any payment previously made on account of an annuity as is exempt under section 717 of ITTOIA 2005;
- (iv) the value of any previously assigned parts of or shares in the rights conferred by the policy or contract;
- (v) . . . the total of the amounts of gains treated as arising on previous chargeable events within section 509(1) or 514(1) of ITTOIA 2005;
- (d) except where paragraph (c) above applies, the amount of the gain treated as arising by reason of the event;
- (e) the number of years relevant for computing the annual equivalent of the amount of the gain for the purposes of subsection (1) of section 536 of ITTOIA 2005 (top slicing relieved liability: one chargeable event), apart from subsections (6) and (8) of that section;
- (f) on the assumption that section 465 of ITTOIA 2005 (person liable: individuals) has effect in relation to the gain —
- (i) whether an individual would fall to be treated as having paid income tax at the basic rate on the amount of the gain in accordance with section 530 of that Act; and
- (ii) if so, except in a case where paragraph (c) above applies, the amount of such tax that would fall to be so treated as paid.
- (6) For the purposes of subsection (1)(a) above, the relevant three month period is whichever of the following periods ends the latest—
- (a) the period of three months following the happening of the chargeable event;
- (b) if the event is a surrender or assignment which is a chargeable event by virtue of . . . section 514(1) of ITTOIA 2005 . . . , the period of three months following the end of the insurance year in which the event happens;
- (c) if the event is a death or an assignment of the whole of the rights or a surrender or assignment which is a chargeable event by virtue of . . . section 514(1) of ITTOIA 2005 . . . , the period of three months beginning with receipt of written notification of the event.
- (7) For the purposes of subsection (1)(b) above, the relevant three month period is whichever of the following periods ends the latest—
- (a) the period of three months following the end of the year of assessment . . . in which the event happened;
- (b) if the event is a surrender or assignment which is a chargeable event by virtue of section 514(1) of ITTOIA 2005, the period of three months following the end of the insurance year in which the event happens;
- (c) if the event is a death or an assignment, the period of three months beginning with receipt of written notification of the event;
- (d) if a certificate under subsection (1)(b) above would not be required in respect of the event apart from the happening of another event, and that other event is one of those mentioned in paragraph (c) above, the period of three months beginning with receipt of written notification of that other event.
- (8) For the purposes of this section the cases where a gain is connected with another gain are those cases where—
- (a) both gains arise in connection with policies or contracts containing obligations which, immediately before the chargeable event, were obligations of the same body;
- (b) the policy holder of those policies or contracts is the same;
- (c) both gains are attributable to the same year of assessment . . . ;
- (d) the terms of the policies or contracts are the same, apart from any difference in their maturity dates; and
- (e) the policies or contracts were issued in respect of insurances made, or were entered into or effected, on the same date.
- (9) For the purposes of this section, the year of assessment . . . to which a gain is attributable is—
- (a) in the case of a gain treated as arising by virtue of subsection (1) of section 514 of ITTOIA 2005, the year of assessment which includes the end of the insurance year mentioned in subsection (3) and (4) of that section; or
- (b) in any other case, the year of assessment . . . in which happens the chargeable event by reason of which the gain is treated as arising.
- (10) In this section—
- “*amount*”, in relation to any gain, means the amount of the gain apart from . . . section 528 of ITTOIA 2005;
- “*appropriate policy holder*” means—in relation to an assignment of part of or a share in the rights conferred by a policy or contract, any person who is both—the policy holder, or one of the policy holders, immediately before the assignment; andthe assignor or one of the assignors; andin relation to any other chargeable event, the person who is the policy holder immediately before the happening of the event;
- “*chargeable event*” means an event which is a chargeable event within the meaning of . . . Chapter 9 of Part 4 of ITTOIA 2005;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*insurance year*” has the same meaning as in Chapter 9 of Part 4 of ITTOIA 2005 (see section 499 of that Act);
- “*the relevant year of assessment*”, in the case of any gain, means—the year of assessment to which the gain is attributable, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) This section is supplemented by section 552ZA.
- (13) For the purposes of this section, no account is to be taken of the effect of . . . section 541A of ITTOIA 2005.
#### Non-resident policies and off-shore capital redemption policies
##### 553
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Borrowings on life policies to be treated as income in certain cases
##### 554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — ENTERTAINERS AND SPORTSMEN
#### Payment of tax
##### 555
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Activity treated as trade etc. and attribution of income
##### 556
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge on profits or gains
##### 557
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions
##### 558
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — SUB-CONTRACTORS IN THE CONSTRUCTION INDUSTRY
#### Deductions on account of tax etc. from payments to certain sub-contractors
##### 559
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons who are sub-contractors or contractors for purposes of Chapter IV
##### 560
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from section 559
##### 561
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by individuals
##### 562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by partners who are individuals
##### 563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by firms
##### 564
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by companies
##### 565
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General powers to make regulations under Chapter IV
##### 566
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “construction operations”
##### 567
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — SCHEMES FOR RATIONALIZING INDUSTRY
#### Deductions from profits of contributions paid under certified schemes
##### 568
- (1) Notwithstanding anything contained in . . . section 33 of ITTOIA 2005or section 53 of CTA 2009 (no deduction for capital expenditure) but subject to the following provisions of this Chapter, where a person pays, wholly and exclusively for the purposes of a trade in respect of which he is chargeable under Part 2 of ITTOIA 2005 or Part 3 of CTA 2009, a contribution in furtherance of a scheme which is for the time being certified by the Secretary of State under this section, the contribution shall, in so far as it is paid in furtherance of the primary object of the scheme, be allowed to be deducted as an expense in computing the profits of that trade.
- (2) The Secretary of State shall certify a scheme under this section if he is satisfied—
- (a) that the primary object of the scheme is the elimination of redundant works or machinery or plant from use in an industry in the United Kingdom; and
- (b) that the scheme is in the national interest and in the interests of that industry as a whole; and
- (c) that such number of persons engaged in that industry as are substantially representative of the industry are liable to pay contributions in furtherance of the primary object of the scheme by agreement between them and the body of persons carrying out the scheme.
- (3) The Secretary of State shall cancel any certificate granted under this section if he ceases to be satisfied as to any of the matters referred to in subsection (2) above.
- (4) The Secretary of State may at any time require the body of persons carrying out a scheme certified under this section to produce any books or documents of whatever nature relating to the scheme and, if the requirement is not complied with, he may cancel the certificate.
- (5) In this section and in section 569 “*contribution*”, in relation to a scheme, does not include a sum paid by a person by way of loan or subscription of share capital, or in consideration of the transfer of assets to him, or by way of a penalty for contravening or failing to comply with the scheme.
#### Repayment of contributions
##### 569
- (1) In the event of the repayment, whether directly or by way of distribution of assets on a winding up or otherwise, of a contribution or any part of a contribution which has been allowed to be deducted under section 568, the deduction of the contribution, or so much of it as has been repaid, shall be deemed to be an unauthorised deduction in respect of which an assessment shall be made, and, notwithstanding the provisions of the Tax Acts requiring assessments to be made within six years after the end of the chargeable period to which they relate, any such assessment and any consequential assessment may be made at any time within three years after the end of the chargeable period in which the repayment was made.
- (2) For the purposes of this section, a sum received by any person by way of repayment of contributions shall be deemed to be by way of repayment of the last contribution paid by him, and, if the sum exceeds the amount of that contribution, by way of repayment of the penultimate contribution so paid, and so on.
#### Payments under certified schemes which are not repayments of contributions
##### 570
- (1) Subject to the provisions of this section, where, under any scheme which is for the time being certified or has at any time been certified by the Secretary of State under section 568, any payment (not being a payment made by way of repayment of contributions) is made to a person carrying on a trade to which the scheme relates, that payment shall be treated for the purposes of the Tax Acts as a trading receipt of the trade, and shall accordingly be taken into account in computing the profits of the trade for those purposes.
- (2) Where . . . the payments which have been made under such a scheme in respect of a trade (not being payments made by way of repayment of contributions) have been made wholly or partly in respect of damage in respect of which no relief may be given under the Tax Acts, and a claim is made to that effect, then, subject to and in accordance with the provisions of Schedule 21—
- (a) relief shall be given in respect of those payments by reducing the amounts which are to be treated as trading receipts of the trade under subsection (1) above; but
- (b) where such relief is given, section 568 shall, in relation to contributions subsequently paid under the scheme in respect of the trade, have effect subject to the modifications specified in Part III of that Schedule,
and paragraph 6 of that Schedule applies for the purposes of this subsection as it applies for the purposes of that Schedule.
- (3) The provisions of this section and Schedule 21 shall apply in relation to any payment made to a person who has ceased to carry on a trade to which any such scheme as is mentioned in subsection (1) above relates as they apply in relation to payments made to a person carrying on such a trade, subject to the modification that so much of that payment as falls to be treated as a trading receipt by virtue of those provisions shall be deemed for the purposes of those provisions to have been made to him on the last day on which he was engaged in carrying on the trade.
- (4) In determining for the purposes of this section and of Schedule 21—
- (a) whether any trade has ceased to be carried on; or
- (b) whether any contribution is paid in respect of a trade in respect of which a payment has been made; or
- (c) whether any payment is made in respect of a trade in respect of which a contribution has been paid,
no regard shall be had to any event which, by virtue of section 18 of ITTOIA 2005 or section 41 of CTA 2009 (company starting or ceasing to be within charge to corporation tax) is to be treated as effecting a cessation of trading.
#### Cancellation of certificates
##### 571
- (1) Where any certificate granted with respect to a scheme under section 568 is cancelled by the Secretary of State, and any deductible contributions paid in furtherance of the scheme have not been repaid at the expiration of one year from the cancellation, the body of persons carrying out the scheme shall, for the chargeable period in which that year expires, be charged to tax . . . upon the aggregate amount of the deductible contributions which have not been repaid at that time.
- (1A) An amount charged to income tax under subsection (1) above is treated for income tax purposes as an amount of income.
- (1B) So far as relating to corporation tax, the charge to tax under subsection (1) has effect as an application of the charge to corporation tax on income.
- (2) The charge to tax under subsection (1) above shall not be made if the total amount of any contributions, other than deductible contributions, which have been paid under the scheme and have not been repaid before that time is greater than the available resources of the scheme, and shall not in any case be made upon an amount greater than the excess, if any, of those resources over that total amount.
- (3) In subsection (2) above “*the available resources*”, in relation to any scheme, means a sum representing the total funds held for the purposes of the scheme at the expiration of one year from the cancellation of the certificate plus a sum representing any funds held for the purposes of the scheme which, during that year, have been applied otherwise than in accordance with the provisions of the scheme as in force when the certificate was granted.
- (4) Where the body of persons carrying out a scheme are charged to tax by virtue of subsection (1) above, and, after the expiration of one year from the cancellation of the certificate, any deductible contribution paid in furtherance of the scheme is repaid, the amount upon which the charge is made shall on the making of a claim be reduced by the amount repaid, and all such repayments of tax shall be made as are necessary to give effect to the provisions of this subsection.
- (5) In this section “*contribution*” includes a part of a contribution, and “*deductible contribution*” means a contribution allowed to be deducted under section 568, any reduction under Part III of Schedule 21 being left out of account.
- (6) For the purposes of this section, a sum received by any person by way of repayment of contributions shall be deemed to be by way of repayment of the last contribution paid by him, and, if the sum exceeds the amount of that contribution, by way of repayment of the penultimate contribution so paid, and so on.
#### Application to statutory redundancy schemes
##### 572
- (1) Sections 569 to 571 and Schedule 21 shall, subject to the adaptations specified in subsection (2) below, apply in relation to a statutory redundancy scheme as they apply in relation to a scheme certified under section 568.
- (2) The adaptations referred to above are as follows, that is to say—
- (a) for any reference to a contribution allowed to be deducted under section 568 there shall be substituted a reference to a contribution allowed to be deducted under any provision of the Tax Acts other than that section;
- (b) any provision that section 568 shall, in relation to contributions, have effect subject to modifications, shall be construed as a provision that so much of any provision of the Tax Acts other than that section as authorises the deduction of contributions shall, in relation to the contributions in question, have effect subject to the modifications in question;
- (c) for any reference to the cancellation of a certificate with respect to a scheme there shall be substituted a reference to the scheme ceasing to have effect; and
- (d) for any reference to the provisions of the scheme as in force when the certificate was granted there shall be substituted a reference to the provisions of the scheme as in force when the contributions were first paid thereunder.
- (3) In this section “*statutory redundancy scheme*” means a scheme for the elimination or reduction of redundant works, machinery or plant, or for other similar purposes, to which effect is given by or under any Act, whether passed before or after this Act.
### CHAPTER VI — OTHER PROVISIONS
### Relief for losses on unquoted shares in trading companies
#### Relief for companies
##### 573
- (1) Subsection (2) below has effect where a company which has subscribed for shares in a qualifying trading company incurs an allowable loss (for the purpose of corporation tax on chargeable gains) on the disposal of the shares in any accounting period and the company disposing of the shares—
- (a) is an investment company on the date of the disposal and either—
- (i) has been an investment company for a continuous period of six years ending on that date; or
- (ii) has been an investment company for a shorter continuous period ending on that date and has not before the beginning of that period been a trading company or an excluded company; and
- (b) was not associated with, or a member of the same group as, the qualifying trading company at any time in the period beginning with the date when it subscribed for the shares and ending with the date of the disposal.
- (2) The company disposing of the shares may, within two years after the end of the accounting period in which the loss was incurred, make a claim requiring that the loss be set off for the purposes of corporation tax against income—
- (a) of that accounting period; and
- (b) if the company was then an investment company and the claim so requires, of preceding accounting periods ending within the time specified in subsection (3) below;
and, subject to any relief for an earlier loss, the income of any of those periods shall then be treated as reduced by the amount of the loss or by so much of it as cannot be relieved under this subsection against income of a later accounting period.
- (3) The time referred to in subsection (2) above is the period of 12 months ending immediately before the accounting period in which the loss is incurred; but the amount of the reduction which may be made under that subsection in the income of an accounting period falling partly before that time shall not exceed a part of that income proportionate to the part of the accounting period falling within that time.
- (4) Where relief is claimed under subsection (2) above, it must be claimed before any deduction is made for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of any description; . . . .
This subsection is subject to subsection (4A) below.
- (4A) Paragraph 70 of Schedule 15 to the Finance Act 2000 (priority of loss relief) provides that where relief under Part VII of that Schedule (relief for losses on disposals of shares to which investment relief is attributable) is claimed it must be claimed in priority to relief under subsection (2) above.
- (5) For the purposes of subsection (1)(b) above companies are associated with each other if one controls the other or both are under the control of the same person or persons; and section 416(2) to (6) shall apply for the purposes of this subsection.
- (6) For the purposes of this section a company subscribes for shares in another company if they are issued to it by that other company in consideration of money or money’s worth.
#### Relief for individuals
##### 574
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exclusion of relief under section 573 or 574 in certain cases
##### 575
- (1) Section 573 does not apply unless the disposal is—
- (a) by way of a bargain made at arm’s length for full consideration; or
- (b) by way of a distribution in the course of dissolving or winding up the company; or
- (ba) a disposal within section 24(1) of the 1992 Act (entire loss, destruction, dissipation or extinction of asset); or
- (c) a deemed disposal under section 24(2) of the 1992 Act (claim that value of asset has become negligible).
- (2) Where a company disposes of shares (“*the new shares*”) which by virtue of section 127 of the 1992 Act (reorganisation etc. treated as not involving disposal) are identified with other shares (“*the old shares*”) previously held by it, relief shall not be given under section 573 . . . on the disposal of the new shares unless—
- (a) relief under section 573 . . . could (or if this section had been in force could) have been given on a disposal of the old shares if it had incurred an allowable loss in disposing of them as mentioned in subsection (1)(a) above on the occasion of the disposal that would have occurred but for section 127 of the 1992 Act; or
- (b) it gave new consideration for the new shares;
but in a case within paragraph (b) above the amount of relief under section 573 . . . on the disposal of the new shares shall not exceed the amount or value of the new consideration taken into account as a deduction in computing the loss incurred on their disposal.
- (3) Where the shares are the subject of an exchange or arrangement of the kind mentioned in section 135 or 136 of the 1992 Act (company reconstructions etc.) which by reason of section 137 of that Act involves a disposal of the shares, section 573 . . . shall not apply to any allowable loss incurred on the disposal.
- (4) In this section “*new consideration*” means consideration in money or money's worth other than consideration of the kind excluded by paragraph (a) or (b) of section 128(2) of the 1992 Act.
#### Provisions supplementary to sections 573 to 575
##### 576
- (1) Subject to subsection (1C) below, where a company holds shares in another company which constitute a holding and comprise—
- (a) shares for which it has subscribed (“*qualifying shares*”); and
- (b) shares which it has acquired otherwise than by subscription,
any question whether a disposal by it of shares forming part of the holding is of qualifying shares shall be determined by treating that and any previous disposal by it out of the holding as relating to shares acquired later rather than earlier; and if a disposal by it is of qualifying shares forming part of a holding and it makes a claim under section 573 . . . in respect of a loss incurred on their disposal, the amount of relief under that section on the disposal shall not exceed the sums that would be allowed as deductions in computing the loss if the shares had not been part of the holding.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1C) Where the holding mentioned in subsection (1) above comprises any shares—
- (a) to which investment relief is attributable under Schedule 15 to the Finance Act 2000 (corporate venturing scheme), and
- (b) which have been held continuously (within the meaning of paragraph 97 of that Schedule) from the time they were issued until the disposal,
any such question as is mentioned in that subsection shall not be determined as provided by that subsection, but shall be determined instead as provided by paragraph 93 of that Schedule (identification of shares on a disposal of part of a holding where investment relief is attributable to any shares in the holding held continuously by the disposing company).
For this purpose paragraph 93 of that Schedule shall have effect as if the references in it to a disposal had the same meaning as in subsection (1) above.
- (1D) In this section “*holding*” means any number of shares of the same class held by one company in one capacity, growing or diminishing as shares of that class are acquired or disposed of.
For this purpose—
- (a) shares are not to be treated as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt in on such an exchange, and
- (b) subsection (4) of section 104 of the 1992 Act applies as it applies for the purposes of subsection (1) of that section.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Miscellaneous
#### Business entertaining expenses
##### 577
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Housing grants
##### 578
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Statutory redundancy payments
##### 579
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 579
##### 580
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Borrowing in foreign currency by local authorities and statutory corporations
##### 581
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Funding bonds issued in respect of interest on certain debts
##### 582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Inter-American Development Bank
##### 583
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for unremittable overseas income
##### 584
- (1) Where a company is chargeable to corporation tax by reference to the amount of any income arising in a territory outside the United Kingdom (“*overseas income*”), then for the purposes of corporation tax this section shall apply to the overseas income in so far as—
- (a) the company is prevented from transferring the amount of the overseas income to the United Kingdom, either by the laws of that territory or any executive action of its government or by the impossibility of obtaining foreign currency in that territory; and
- (b) the company has not realised the overseas income outside that territory for a consideration in sterling or a consideration in some other currency which the company is not prevented from transferring to the United Kingdom.
- (2) Subject to subsection (2A) below, where a company so chargeable makes a claim under this subsection in relation to any overseas income—
- (a) which is unremittable; and
- (b) to which subsection (1)(a) above will continue to apply notwithstanding any reasonable endeavours on its part,
then, in the first instance, account shall not be taken of that income, and corporation tax shall be assessable and shall be charged on all persons concerned and for all periods accordingly.
- (2A) If on any date paragraph (a) or (b) of subsection (2) above ceases to apply to any part of any overseas income in relation to which a claim has been made under that subsection—
- (a) that part of the income shall be treated as income arising on that date, and
- (b) account shall be taken of it, and of any tax payable in respect of it under the law of the territory where it arises, according to their value at that date.
- (4) Where a company becomes chargeable to corporation tax in respect of income from any source by virtue of subsection (2) or (2A) above after it has ceased to possess that source of income, the income shall be chargeable under Case VI of Schedule D.
- (5) Where under an agreement entered into under arrangements made by the Secretary of State in pursuance of section 11 of the Export Guarantees and Overseas Investment Act 1978 any payment is made by the Export Credit Guarantee Department in respect of any income which cannot be transferred to the United Kingdom, then, to the extent of the payment, the income shall be treated as income to which paragraphs (a) and (b) of subsection (2) above do not apply (and accordingly cannot cease to apply).
- (6) A claim under subsection (2) above—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) for the purposes of corporation tax, shall be made no later than two years after the end of the accounting period in which the income arises.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Subject to subsections (2) and (2A) above, the amount of any unremittable overseas income shall be determined by reference to the generally recognised market value in the United Kingdom (if any), or, in the absence of any such value, according to the official rate of exchange of the territory where the income arises.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) This section shall have effect as respects any accounting period in which the conditions in subsection (2) above cease to be satisfied in relation to any income, being an accounting period ending on or before such day, not being earlier than 31st March 1992, as the Treasury may by order appoint for the purposes of this section, with the omission of subsections (3) and (4).
#### Relief from tax on delayed remittances
##### 585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of deductions for war risk premiums
##### 586
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of certain payments in respect of war injuries to employees
##### 587
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Training courses for employees
##### 588
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying courses of training etc
##### 589
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XIV — PENSION SCHEMES, SOCIAL SECURITY BENEFITS, LIFE ANNUITIES ETC.
### CHAPTER I — RETIREMENT BENEFIT SCHEMES
### Approval of schemes
#### Conditions for approval of retirement benefit schemes
##### 590
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Discretionary approval
##### 591
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Tax reliefs
#### Exempt approved schemes
##### 592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief by way of deductions from contributions
##### 593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exempt statutory schemes
##### 594
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Charge to tax in certain cases
#### Charge to tax in respect of certain sums paid by employer etc
##### 595
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from section 595
##### 596
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: pensions
##### 597
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: repayment of employee’s contributions
##### 598
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: commutation of entire pension in special circumstances
##### 599
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: unauthorised payments to or for employees
##### 600
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: payments to employers
##### 601
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Regulations relating to pension fund surpluses
##### 602
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction of surpluses
##### 603
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary provisions
#### Application for approval of a scheme
##### 604
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information
##### 605
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Responsibilities of administrator of scheme, and employer
##### 606
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pilots' benefit fund
##### 607
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Superannuation funds approved before 6th April 1980
##### 608
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schemes approved before 23rd July 1987
##### 609
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amendments of schemes
##### 610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Definition of “retirement benefits scheme”
##### 611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other interpretative provisions, and regulations for purposes of this Chapter
##### 612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — OTHER PENSION FUNDS AND SOCIAL SECURITY BENEFITS AND CONTRIBUTIONS
#### Parliamentary pension funds
##### 613
- (1) The salary of a Member of the House of Commons shall, for all the purposes of the Income Tax Acts, be treated as reduced by the amounts deducted in pursuance of section 1 of the House of Commons Members’ Fund Act 1939; but a Member shall not by reason of any such deduction be entitled to relief under any other provision of the Income Tax Acts.
- (2) In subsection (1) above the reference to salary shall be construed as mentioned in subsection (3) of section 1 of the House of Commons Members’ Fund Act 1939, the reference to amounts deducted includes a reference to amounts required to be set aside under that subsection, and “deduction” shall be construed accordingly.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The . . . trustees of—
- (a) the House of Commons Members’ Fund established under section 1 of that Act of 1939;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be entitled to exemption from income tax in respect of all income derived from that Fund or any investment of that Fund.
#### Exemptions and reliefs in respect of income from investments etc. of certain pension schemes
##### 614
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Any interest or dividends received by the person in whom is vested any of the Family Pension Funds mentioned in section 273 of the Government of India Act 1935, and having effect as a scheme made under section 2 of the Overseas Pensions Act 1973, on sums forming part of that fund shall be exempt from income tax.
- (2A) The reference in subsection (2) above to interest on sums forming part of a fund include references to any amount which is treated as income by virtue of Chapter 8 of Part 4 of ITTOIA 2005 (profits from deeply discounted securities) and derives from any investment forming part of that fund.
- (3) Income derived from investments or deposits of any fund referred to in section 648, 649, 650 or 651 of ITEPA 2003 shall not be charged to income tax, and any income tax deducted from any such income shall be repaid by the Board to the persons entitled to receive the income.
- (4) In respect of income derived from investments or deposits of the Overseas Service Pensions Fund established pursuant to section 7(1) of the Overseas Aid Act 1966, the Board shall give by way of repayment such relief from income tax as is necessary to secure that the income is exempt to the like extent (if any) as if it were income of a person not domiciled, ordinarily resident or resident in the United Kingdom.
- (5) In respect of dividends and other income derived from investments, deposits or other property of a superannuation fund to which section 615(3) applies the Board shall give by way of repayment such relief from income tax as is necessary to secure that the income is exempt to the like extent (if any) as if it were income of a person not domiciled, ordinarily resident or resident in the United Kingdom.
- (6) A claim under this section shall be made to the Board.
#### Exemption from tax in respect of certain pensions
##### 615
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where an annuity is paid from a superannuation fund to which this subsection applies to a person who is not resident in the United Kingdom, income tax shall not be deducted from any payment of the annuity or accounted for under Chapter 6 of Part 15 of ITA 2007 (deduction from annual payments and patent royalties) by the trustees or other persons having the control of the fund.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Subsection (3) above applies to any superannuation fund which—
- (a) is bona fide established under irrevocable trusts in connection with some trade or undertaking carried on wholly or partly outside the United Kingdom;
- (b) has for its sole purpose (subject to any enactment or Northern Ireland legislation requiring or allowing provision for the value of any rights to be transferred between schemes or between members of the same scheme) the provision of superannuation benefits in respect of persons’ employment in the trade or undertaking wholly outside the United Kingdom; and
- (c) is recognised by the employer and employed persons in the trade or undertaking;
and for the purposes of this subsection duties performed in the United Kingdom the performance of which is merely incidental to the performance of other duties outside the United Kingdom shall be treated as performed outside the United Kingdom.
- (7) In this section—
- “*pension*” includes a gratuity or any sum payable on or in respect of death or, in the case of a pension falling within subsection (2)(g) above, ill-health, and a return of contributions with or without interest thereon or any other addition thereto;
- “*overseas territory*” means any territory or country outside the United Kingdom;
- “*the Pensions (Increase) Acts*” means the Pensions (Increase) Act 1971 and any Act passed after that Act for purposes corresponding to the purposes of that Act;
- “*United Kingdom trust territory*” means a territory administered by the government of the United Kingdom under the trusteeship system of the United Nations.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) For the purposes of this section, a person shall be taken to be employed in the public service of an overseas territory at any time when—
- (a) he is employed in any capacity under the government of that territory, or under any municipal or other local authority in it,
- (b) he is employed, in circumstances not falling within paragraph (a) above, by a body corporate established for any public purpose in that territory by an enactment of a legislature empowered to make laws for that territory, or
- (c) he is the holder of a public office in that territory in circumstances not falling within either paragraph (a) or (b).
- (10) For the purposes of subsection (9), references to the government of an overseas territory include references to a government constituted for two or more overseas territories, and to any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more such territories.
#### Other overseas pensions
##### 616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Social security benefits and contributions
##### 617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — RETIREMENT ANNUITIES
#### Termination of relief under this Chapter, and transitional provisions
##### 618
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exemption from tax in respect of qualifying premiums
##### 619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying premiums
##### 620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other approved contracts
##### 621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Substituted retirement annuity contracts
##### 622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relevant earnings
##### 623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sponsored superannuation schemes and controlling directors
##### 624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward of unused relief under section 619
##### 625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Modification of section 619 in relation to persons over 50
##### 626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lloyd’s underwriters
##### 627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Partnership retirement annuities
##### 628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity premiums of Ministers and other officers
##### 629
- (1) For the purposes of this Chapter so much of any salary which—
- (a) is payable to the holder of a qualifying office who is also a Member of the House of Commons, and
- (b) is payable for a period in respect of which the holder is not a participant in relation to that office in arrangements contained in the Parliamentary pension scheme but is a participant in relation to his membership of the House of Commons in any such arrangements, or for any part of such a period,
as is equal to the difference between a Member’s pensionable salary and the salary which (in accordance with any such resolution as is mentioned in subsection (3)(a) below) is payable to him as a Member holding that qualifying office shall be treated as remuneration from the office of Member and not from the qualifying office.
- (2) In this section—
- “*Member’s pensionable salary*” means a Member’s ordinary salary under any resolution of the House of Commons which, being framed otherwise than as an expression of opinion, is for the time being in force relating to the remuneration of Members or, if the resolution provides for a Member’s ordinary salary thereunder to be treated for pension purposes as being at a higher rate, a notional yearly salary at that higher rate;
- “*qualifying office*” means an office mentioned in section 2(2)(b), (c) or (d) of the Parliamentary and other Pensions Act 1987;
- “*the Parliamentary pension scheme*” has the same meaning as in that Act;
and without prejudice to the power conferred by virtue of paragraph 13 of Schedule 1 to that Act, regulations under section 2 of that Act may make provision specifying the circumstances in which a person is to be regarded for the purposes of this section as being or not being a participant in relation to his Membership of the House of Commons, or in relation to any office, in arrangements contained in the Parliamentary pension scheme.
- (3) In subsection (2) above “*a Member’s ordinary salary*”, in relation to any resolution of the House of Commons, means—
- (a) if the resolution provides for salary to be paid to Members at different rates according to whether or not they are holders of particular offices, or are in receipt of salaries or pensions as the holders or former holders of particular offices, a Member’s yearly salary at the higher or highest rate; and
- (b) in any other case, a Member’s yearly salary at the rate specified in or determined under the resolution.
### CHAPTER IV — PERSONAL PENSION SCHEMES
### Preliminary
#### Interpretation
##### 630
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Approval of schemes
##### 631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Restrictions on approval
#### Establishment of schemes
##### 632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scope of benefits
##### 633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity to member
##### 634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lump sum to member
##### 635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity after death of member
##### 636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lump sum on death of member
##### 637
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other restrictions on approval
##### 638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Tax reliefs
#### Member’s contributions
##### 639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Maximum amount of deductions
##### 640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-back of contributions
##### 641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward of relief
##### 642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employer’s contributions and personal pension income etc
##### 643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “relevant earnings”
##### 644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Earnings from pensionable employment
##### 645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “net relevant earnings”
##### 646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Charge to tax
#### Unauthorised payments
##### 647
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Contributions under unapproved arrangements
##### 648
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Miscellaneous
#### Minimum contributions under Social Security Act 1986
##### 649
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of approval
##### 650
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals
##### 651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information about payments
##### 652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information: penalties
##### 653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remuneration of Ministers and other officers
##### 654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transitional provisions
##### 655
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — PURCHASED LIFE ANNUITIES
#### Purchased life annuities other than retirement annuities
##### 656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Purchased life annuities to which section 656 applies
##### 657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary
##### 658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — MISCELLANEOUS
#### Financial futures and traded options
##### 659
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XV — SETTLEMENTS
### CHAPTER I — DISPOSITIONS FOR SHORT PERIODS
#### Dispositions for period which cannot exceed six years
##### 660
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustments between disponor and trustees
##### 661
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Chapter I to dispositions by two or more disponors
##### 662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — SETTLEMENTS ON CHILDREN
#### The general rule
##### 663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accumulation settlements
##### 664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “irrevocable”
##### 665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest paid by trustees
##### 666
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustments between disponor and trustees
##### 667
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Chapter II to settlements by two or more settlors
##### 668
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information under Chapter II
##### 669
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Chapter II
##### 670
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — REVOCABLE SETTLEMENTS ETC.
#### Revocable settlements allowing release of obligation
##### 671
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Revocable settlements allowing reversion of property
##### 672
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements where settlor retains an interest
##### 673
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements: discretionary power for benefit of settlor etc
##### 674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 671 to 674
##### 675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of deduction from total income of certain sums paid by settlor
##### 676
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sums paid to settlor otherwise than as income
##### 677
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital sums paid by body connected with settlement
##### 678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Chapter III to settlements by two or more settlors
##### 679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information for purposes of Chapter III
##### 680
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Chapter III
##### 681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Ascertainment of undistributed income
##### 682
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — LIABILITY TO HIGHER RATE AND ADDITIONAL RATE TAX
### Liability of settlors
#### Settlements made after 6th April 1965
##### 683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements made before 7th April 1965 but after 9th April 1946
##### 684
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 683 and 684
##### 685
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Liability of trustees
#### Liability to additional rate tax of certain income of discretionary trusts
##### 686
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments under discretionary trusts
##### 687
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schemes for employees and directors to acquire shares
##### 688
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Recovery from trustees of discretionary trusts of higher rate tax due from beneficiaries
##### 689
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — MAINTENANCE FUNDS FOR HISTORIC BUILDINGS
#### Schedule 4 directions
##### 690
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Certain income not to be income of settlor etc
##### 691
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reimbursement of settlor
##### 692
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Severance of settled property for certain purposes
##### 693
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Trustees chargeable to income tax at 30 per cent. in certain cases
##### 694
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XVI — ESTATES OF DECEASED PERSONS IN COURSE OF ADMINISTRATION
#### Limited interests in residue
##### 695
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Absolute interests in residue
##### 696
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions as to absolute interests in residue
##### 697
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Special provisions as to certain interests in residue
##### 698
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief from higher rate tax for inheritance tax on accrued income
##### 699
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustments and information
##### 700
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) An inspector may by notice require any person being or having been a personal representative of a deceased person, or having or having had an absolute or limited interest in the residue of the estate of a deceased person or in a part of such residue, to furnish him within such time as he may direct (not being less than 28 days) with such particulars as he thinks necessary for the purposes of . . . Chapter 6 of Part 5 of ITTOIA 2005.
- (5) It shall be the duty of a personal representative of a deceased person, if a request to do so is made in writing by a person who has, or has had, an absolute or limited interest in the residue of the estate of the deceased or by a person to whom any of the income of the residue of that estate has been paid in the exercise of any discretion, to furnish the person making the request with a statement in writing setting out—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (aa) the amount treated as estate income under Chapter 6 of Part 5 of ITTOIA 2005 in respect of that interest or the exercise of that discretion for which he is liable to income tax for a year of assessment, and
- (b) the amount of any tax at the applicable rate which any amount falling within paragraph . . . (aa) above is deemed to have borne;
and, where an amount . . . treated as estate income under that Chapter is deemed for any of the purposes of . . . that Chapter to have borne tax on different parts of it at different applicable rates, the matters to be set out in pursuance of paragraphs (aa) and (b) above shall be set out separately as respects each part of that amount.
- (6) The duty imposed by subsection (5) above shall be enforceable at the suit or instance of the person making the request.
- (7) This section is to be read as if it were in Chapter 6 of Part 5 of ITTOIA 2005.
#### Interpretation
##### 701
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to Scotland
##### 702
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XVII — TAX AVOIDANCE
### CHAPTER I — CANCELLATION OF CORPORATION TAX ADVANTAGES FROM CERTAIN TRANSACTIONS IN SECURITIES
#### Cancellation of tax advantage
##### 703
- (1) Where—
- (a) in any such circumstances as are mentioned in section 704, and
- (b) in consequence of a transaction in securities or of the combined effect of two or more such transactions,
a company is in a position to obtain, or has obtained, a corporation tax advantage, then unless it shows that the transaction or transactions were carried out either for bona fide commercial reasons or in the ordinary course of making or managing investments, and that none of them had as their main object, or one of their main objects, to enable corporation tax advantages to be obtained, this section shall apply to it in respect of that transaction or those transactions.
- (2) For the purposes of this Chapter a corporation tax advantage obtained or obtainable by a company shall be deemed to be obtained or obtainable by it in consequence of a transaction in securities or of the combined effect of two or more such transactions, if it is obtained or obtainable in consequence of the combined effect of the transaction or transactions and the liquidation of a company.
- (3) Where this section applies to a company in respect of any transaction or transactions, the corporation tax advantage obtained or obtainable by it in consequence thereof shall be counteracted by such of the following adjustments, that is to say an assessment, the nullifying of a right to repayment or the requiring of the return of a repayment already made . . . , or the computation or recomputation of profits or gains, or liability to corporation tax, on such basis as the Board may specify by notice served on it as being requisite for counteracting the corporation tax advantage so obtained or obtainable.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) *In the case of a man and his wife living with him (whether or not she is separately assessed to tax), this Chapter shall, subject to subsection* (8)*below, be treated as applying to him in respect of any transaction or transactions as it would apply if any property, rights or liabilities of the wife were his property, rights or liabilities in relation to which she had acted only as nominee for him, and shall be treated as applying to the wife in respect of any transaction or transactions as it would apply if any property, rights or liabilities of the man were her property, rights or liabilities in relation to which he had acted only as nominee for her*.
- (8) *No adjustment made under subsection* (3)*above by reference to any transaction or transactions to counteract any tax advantage shall by virtue of subsection* (7)*above be so made that a person bears more tax than if the transaction or transactions had not had as a consequence that any relief or increased relief from, or repayment or increased repayment of, income tax, or any deduction in computing profits or gains, was obtained or obtainable, or that the way in which receipts accrued was such that the recipient did not pay or bear tax on them*.
- (9) The Board shall not give a notice under subsection (3) above until they have notified the company in question that they have reason to believe that this section may apply to it in respect of a transaction or transactions specified in the notification; and if within 30 days of the issue of the notification that company, being of opinion that this section does not so apply to it, makes a statutory declaration to that effect stating the facts and circumstances upon which its opinion is based, and sends it to the Board, then subject to subsection (10) below, this section shall not apply to it in respect of the transaction or transactions.
- (10) If, when a statutory declaration has been sent to the Board under subsection (9) above, they see reason to take further action in the matter—
- (a) the Board shall send to the tribunal a certificate to that effect, together with the statutory declaration, and may also send therewith a counter-statement with reference to the matter;
- (b) the tribunal shall take into consideration the declaration and the certificate, and the counter-statement, if any, and shall determine whether there is or is not a prima facie case for proceeding in the matter, and if it determines that there is no such case this section shall not apply to the company in question in respect of the transaction or transactions;
but any such determination shall not affect the operation of this section in respect of transactions which include that transaction or some or all of those transactions and also include another transaction or other transactions.
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) This section applies whether the corporation tax advantage in question relates to a chargeable period ending before or after the commencement of this Act, but nothing in this section shall authorise the making of an assessment later than six years after the accounting period to which the corporation tax advantage relates; and no other provision contained in the Corporation Tax Acts shall be construed as limiting the powers conferred by this section.
#### The prescribed circumstances
##### 704
The circumstances mentioned in section 703(1) are as follows (and in this section references to “*the section 703(1) company*” are references to the company referred to in that section)
- (A) That in connection with the distribution of profits of a company, or in connection with the sale or purchase of securities being a sale or purchase followed by the purchase or sale of the same or other securities, the section 703(1) company receives an abnormal amount by way of dividend, and the amount so received is taken into account for any of the following purposes—
- (a) any exemption from corporation tax, or
- (b) the setting-off of losses against profits or income, or
- (c) the giving of group relief, or
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals against Board’s notices under section 703
##### 705
- (1) Any company to which notice has been given under section 703(3) may within 30 days by notice to the Board appeal . . . on the grounds that section 703 does not apply to it in respect of the transaction or transactions in question, or that the adjustments directed to be made are inappropriate.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) On an appeal under subsection (1) above the tribunal shall have power to cancel or vary a notice under subsection (3) of section 703 or to vary or quash an assessment made in accordance with such a notice, but the bringing of an appeal . . . shall not affect the validity of a notice given or of any other thing done in pursuance of that subsection pending the determination of the proceedings.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The tribunal
##### 706
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Procedure for clearance in advance
##### 707
- (1) The following provisions shall have effect where in pursuance of this section a company furnishes to the Board particulars of a transaction or transactions effected or to be effected by it , that is to say—
- (a) if the Board are of opinion that the particulars, or any further information furnished in pursuance of this paragraph, are not sufficient for the purposes of this section, they shall within 30 days of the receipt thereof notify to that company what further information they require for those purposes, and unless that further information is furnished to the Board within 30 days from the notification, or such further time as the Board may allow, they shall not be required to proceed further under this section;
- (b) subject to paragraph (a) above, the Board shall within 30 days of the receipt of the particulars, or, where that paragraph has effect, of all further information required, notify that company whether or not they are satisfied that the transaction or transactions as described in the particulars were or will be such that no notice under section 703(3) ought to be given in respect of it or them;
and, subject to the following provisions of this section, if the Board notify it that they are so satisfied, section 703 shall not apply to it in respect of that transaction or those transactions.
- (2) If the particulars, and any further information given under this section with respect to any transaction or transactions, are not such as to make full and accurate disclosure of all facts and considerations relating thereto which are material to be known to the Board, any notification given by the Board under this section shall be void.
- (3) In no event shall the giving of a notification under this section with respect to any transaction or transactions prevent section 703 applying to a company in respect of transactions which include that transaction or all or some of those transactions and also include another transaction or other transactions.
#### Power to obtain information
##### 708
Where it appears to the Board that by reason of any transaction or transactions a company may be a company to which section 703 applies, the Board may by notice served on it require it, within such time not less than 28 days as may be specified in the notice, to furnish information in its possession with respect to the transaction or any of the transactions, being information as to matters, specified in the notice, which are relevant to the question whether a notice under section 703(3) should be given in respect of it.
#### Meaning of “tax advantage” and other expressions
##### 709
- (1) In this Chapter “*corporation tax advantage*” means a relief or increased relief from, or repayment or increased repayment of, corporation tax, or the avoidance or reduction of a charge to corporation tax or an assessment to corporation tax or the avoidance of a possible assessment thereto, whether the avoidance or reduction is effected by receipts accruing in such a way that the recipient does not pay or bear corporation tax on them, or by a deduction in computing profits or gains.
- (2) In this Chapter—
- “*company*” includes any body corporate,
- “*securities*”—includes shares and stock, andin relation to a company not limited by shares (whether or not it has a share capital) includes also a reference to the interest of a member of the company as such, whatever the form of that interest;
- “*trading stock*” has the meaning given by section 163 of CTA 2009;
- “*transaction in securities*” includes transactions, of whatever description, relating to securities, and in particular—the purchase, sale or exchange of securities;the issuing or securing the issue of, or applying or subscribing for, new securities;the altering, or securing the alteration of, the rights attached to securities;and references to dividends include references to other qualifying distributions and to interest.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In section 704—
- (a) references to profits include references to income, reserves or other assets;
- (b) references to distribution include references to transfer or realisation (including application in discharge of liabilities); and
- (c) references to the receipt of consideration include references to the receipt of any money or money’s worth.
- (4) For the purposes of section 704 an amount received by way of dividend shall be treated as abnormal if the Board . . . or the tribunal, as the case may be, are satisfied—
- (a) in the case of a dividend at a fixed rate, that it substantially exceeds the amount which the recipient would have received if the dividend had accrued from day to day and the recipient had been entitled only to so much of the dividend as accrued while the recipient held the securities, so however that an amount shall not be treated as abnormal by virtue only of this paragraph if during the six months beginning with the purchase of the securities the recipient does not sell or otherwise dispose of, or acquire an option to sell, any of those securities or any securities similar to those securities; or
- (b) in any case, that it substantially exceeds a normal return on the consideration provided by the recipient for the relevant securities, that is to say, the securities in respect of which the dividend was received and, if those securities are derived from securities previously acquired by the recipient, the securities which were previously acquired.
- (5) For the purposes of subsection (4)(a) above securities shall be deemed to be similar if they entitle their holders to the same rights against the same persons as to capital and interest and the same remedies for the enforcement of those rights, notwithstanding any difference in the total nominal amounts of the respective securities or in the form in which they are held or the manner in which they can be transferred, and for those purposes rights guaranteed by the Treasury shall be treated as rights against the Treasury.
- (6) For the purposes of subsection (4)(b) above—
- (a) if the consideration provided by the recipient for any of the relevant securities was in excess of their market value at the time the recipient acquired them, or if no consideration was provided by the recipient for any of the relevant securities, the recipient shall be taken to have provided for those securities consideration equal to their market value at the time the recipient acquired them; and
- (b) in determining whether an amount received by way of dividend exceeds a normal return, regard shall be had to the length of time previous to the receipt of that amount that the recipient first acquired any of the relevant securities and to any dividends and other distributions made in respect of them during that time.
### CHAPTER II — TRANSFERS OF SECURITIES
### Transfers with or without accrued interest: introductory
#### Meaning of “securities”, “transfer” etc. for purposes of sections 711 to 728
##### 710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “interest”, “transfers with or without accrued interest” etc
##### 711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “settlement day” for purposes of sections 711 to 728
##### 712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Transfers with or without accrued interest: charge to tax and reliefs
#### Deemed sums and reliefs
##### 713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of deemed sums and reliefs
##### 714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from sections 713 and 714
##### 715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of unrealised interest
##### 716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Variable interest rate
##### 717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest in default
##### 718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Unrealised interest in default
##### 719
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Transfers with or without accrued interest: supplemental
#### Nominees, trustees etc
##### 720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Death
##### 721
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Trading stock
##### 722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign securities: delayed remittances
##### 723
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Insurance companies
##### 724
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lloyd’s underwriters
##### 725
#### Building societies
##### 726
#### Stock lending
##### 727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information
##### 728
- (1) In order to obtain for the purposes of Part 12 of ITA 2007 (accrued income profits) particulars relating to securities, an inspector may by notice require a return under subsection (2) or (3) below.
- (2) A member of the Stock Exchange, other than a market maker, may be required to make a return giving, in relation to any transactions effected by him in the course of his business in the period specified in the notice, such particulars as may be so specified.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) A person (other than a member of the Stock Exchange), who acts as an agent or broker in the United Kingdom in transactions in securities, may be required to make a return giving, in relation to any such transactions effected by him in the period specified in the notice, such particulars as may be so specified.
- (4) No person shall be required under subsection (2) or (3) above to include in a return particulars of any transaction effected more than three years before the service of the notice requiring him to make the return.
- (5) In order to obtain for the purposes of Part 12 of ITA 2007 (accrued income profits) particulars relating to securities, the Board or an inspector may by notice require any person in whose name any securities are registered to state whether or not he is the beneficial owner of those securities and, if he is not the beneficial owner of them or any of them, to furnish the name and address of the person or persons on whose behalf the securities are registered in his name.
- (6) In this section “*market maker*”, in relation to securities, means a person who—
- (a) holds himself out at all normal times in compliance with the rules of the Stock Exchange as willing to buy and sell securities of the kind concerned at a price specified by him; and
- (b) is recognised as doing so by the Council of the Stock Exchange.
- (7) The Board may by regulations provide that—
- (a) subsections (2), (3) and (6)(a) above shall have effect as if references to the Stock Exchange were to any recognised investment exchange (within the meaning of the Financial Services and Markets Act 2000) or to any of those exchanges specified in the regulations; and
- (b) subsection (6)(b) shall have effect as if the reference to the Council of the Stock Exchange were to the investment exchange concerned.
- (8) Regulations under subsection (7) above shall apply in relation to transactions effected on or after such day as may be specified in the regulations.
- (9) In this section “*securities*” has the meaning given by section 619 of ITA 2007.
### Other transfers of securities
#### Sale and repurchase of securities
##### 729
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfers of income arising from securities
##### 730
- (1) Where in any chargeable period the owner of any shares (“the owner”) sells or transfers the right to receive any distribution payable (whether before or after the sale or transfer) in respect of the shares without selling or transferring the shares, then, for all the purposes of the Tax Acts, that distribution, whether it would or would not be chargeable to tax apart from the provisions of this section—
- (a) shall be treated as the income of the owner or, in a case where the owner is not the beneficial owner of the shares and some other person (“a beneficiary”) is beneficially entitled to the income arising from the shares, the income of the beneficiary, and
- (b) shall be treated as the income of the owner or beneficiary for that chargeable period, . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) This section does not have effect in relation to a sale or transfer if the proceeds of the sale or transfer are chargeable to tax.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where—
- (a) the shares are of such a character that the distribution payable in respect thereof may be paid without deduction of income tax, and
- (b) the owner or beneficiary does not show that the proceeds of any sale or other realisation of the right to receive the distribution which is deemed to be his income by virtue of this section have been charged to income tax under Chapter 13 of Part 4 of ITTOIA 2005 (sales of foreign dividend coupons),
then that distribution shall be charged to income tax.
- (4A) The income tax chargeable by virtue of subsection (4) above shall, subject to subsection (5) below, be charged on the full amount of the distribution in the year of assessment.
- (4B) The person liable for any tax chargeable by virtue of subsection (4) above is the owner or beneficiary, but he shall be entitled to credit for any tax which the distribution is shown to have borne.
- (5) But, in any case where, if the distribution had been relevant foreign income, the computation of tax would have been made by reference to the amount received in the United Kingdom, the income tax chargeable by virtue of subsection (4) above shall be computed on the full amount of the sums which have been or will be received in the United Kingdom in the year of assessment or any subsequent year in which the owner remains the owner of the shares.
- (6) In relation to corporation tax, subsections (4) and (5) above shall not apply but, subject to the provisions of the Tax Acts about distributions, the owner or beneficiary shall be chargeable, under the charge to corporation tax on income, in respect of any distribution which is deemed to be his income by virtue of this section, unless he shows that the proceeds of any sale or other realisation of the right to receive that distribution have been charged to tax by virtue of Chapter 6 of Part 10 of CTA 2009 (sale of foreign dividend coupons).
- (7) In this section—
- “*distribution*”, in relation to shares in a company,—has the same meaning as it has in the Corporation Tax Acts (see section 209), butalso includes any amount that would be a distribution if the company paying it were resident in the United Kingdom;
- “*shares*” means shares in a company.
- (8) The Board may by notice require any person to furnish them within such time as they may direct (not being less than 28 days), in respect of all shares of which he was the owner at any time during the period specified in the notice, with such particulars as they consider necessary for the purposes of this section . . . .
### Purchase and sale of securities
#### Application and interpretation of sections 732 to 734
##### 731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dealers in securities
##### 732
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons entitled to exemptions
##### 733
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons other than dealers in securities
##### 734
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “appropriate amount in respect of” interest
##### 735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Miscellaneous provisions relating to securities
#### Company dealing in securities: distribution materially reducing value of holding
##### 736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Manufactured dividends: treatment of tax deducted
##### 737
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplemental
#### Power to amend sections 732, 735 and 737
##### 738
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — TRANSFER OF ASSETS ABROAD
#### Prevention of avoidance of income tax
##### 739
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Liability of non-transferors
##### 740
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exemption from sections 739 and 740
##### 741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 739 to 741
##### 742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplemental provisions
##### 743
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No duplication of charge
##### 744
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information
##### 745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons resident in the Republic of Ireland
##### 746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — CONTROLLED FOREIGN COMPANIES
#### Imputation of chargeable profits and creditable tax of controlled foreign companies
##### 747
- (1) If . . . in any accounting period a company—
- (a) is resident outside the United Kingdom, and
- (b) is controlled by persons resident in the United Kingdom, and
- (c) is subject to a lower level of taxation in the territory in which it is resident,
. . . the provisions of this Chapter shall apply in relation to that accounting period.
- (1A) A company which would not, apart from this subsection, fall to be regarded as controlled by persons resident in the United Kingdom shall be taken for the purposes of this Chapter to be so controlled if—
- (a) there are two persons who, taken together, control the company;
- (b) one of those persons is resident in the United Kingdom and is a person in whose case the 40 per cent test in section 755D(3) is satisfied; and
- (c) the other is a person in whose case the 40 per cent test in section 755D(4) is satisfied.
- (1B) In determining, for the purposes of any provision of this Chapter except subsection (1)(a) above, whether a company is a person resident in the United Kingdom, section 18 of CTA 2009 (under which a company is treated as non-resident if it is so treated for double taxation relief purposes) shall be disregarded.
- (2) A company which falls within paragraphs (a) to (c) of subsection (1) above is in this Chapter referred to as a “*controlled foreign company*”.
- (3) Subject to section 748, where the provisions of this Chapter apply in relation to an accounting period of a controlled foreign company, the chargeable profits of that company for that period and its creditable tax (if any) for that period shall each be apportioned in accordance with section 752 among the persons (whether resident in the United Kingdom or not) who had an interest in that company at any time during that accounting period.
- (3A) In the case of an apportionment to a company resident in the United Kingdom which has made an application under section 751A which has been granted, subsection (3) above has effect subject to that section.
- (4) Where, on such an apportionment of a controlled foreign company’s chargeable profits for an accounting period as is referred to in subsection (3) above, an amount of those profits is apportioned to a company resident in the United Kingdom then, subject to subsection (5) below—
- (a) a sum equal to corporation tax at the appropriate rate on that apportioned amount of profits, less the portion of the controlled foreign company’s creditable tax for that period (if any) which is apportioned to the resident company, shall be chargeable on the resident company as if it were an amount of corporation tax chargeable on that company; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and for the purposes of paragraph (a) above “*the appropriate rate*” means the rate of corporation tax applicable to profits of that accounting period of the resident company in which ends the accounting period of the controlled foreign company which is mentioned in subsection (1) above or, if there is more than one such rate, the average rate over the whole of that accounting period of the resident company.
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Tax shall not, by virtue of subsection (4) above, be chargeable on a company resident in the United Kingdom unless, on the apportionment in question, the aggregate of—
- (a) the amount of the controlled foreign company’s chargeable profits for the accounting period in question which is apportioned to the resident company, and
- (b) any amounts of those chargeable profits which are apportioned to persons who are connected or associated with the resident company,
is at least 25 per cent. of the total of those chargeable profits.
- (5A) Where the resident company has made an application under section 751A which has been granted, it shall be assumed for the purposes of subsection (5) above that—
- (a) each of the persons who are connected or associated with the resident company has made an application under that section to the same effect, and
- (b) all the applications have been granted.
- (6) In relation to a company resident outside the United Kingdom—
- (a) any reference in this Chapter to its chargeable profits for an accounting period is a reference to the amount which, on the assumptions in Schedule 24, would be the amount of the total profits of the company for that period on which, after allowing for any deductions available against those profits, corporation tax would be chargeable;
- (aa) any reference in this Chapter to its chargeable profits for an accounting period includes (subject to subsections (7) to (9)) income which accrues during that accounting period to the trustees of a settlement in relation to which the company is a settlor or a beneficiary; and
- (b) any reference in this Chapter to profits does not include a reference to chargeable gains but otherwise (except as provided by paragraph (a) above) has the same meaning as it has for the purposes of corporation tax.
- (7) Where there is more than one settlor or beneficiary in relation to the settlement mentioned in subsection (6)(aa), the income is to be apportioned between the company and the other settlors or beneficiaries on a just and reasonable basis.
- (8) Where income within subsection (6)(aa) is included in the chargeable profits of a company, any dividend or other distribution received by the company which derives from that income is not included in the chargeable profits of the company to the extent that it is so derived.
- (9) Any income within subsection (6)(aa) which would (apart from this subsection)—
- (a) be included in the chargeable profits of a company which is a beneficiary in relation to a settlement and apportioned under subsection (3), and
- (b) be included in the chargeable profits of a company which is a settlor in relation to the settlement and apportioned under that subsection,
is not to be included in the chargeable profits of the company which is a settlor.
#### Limitations on direction-making power
##### 748
- (1) No apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company if—
- (a) in respect of that period the company pursues, within the meaning of Part 1 of Schedule 25, an acceptable distribution policy; or
- (b) throughout that period the company is, within the meaning of Part II of that Schedule, engaged in exempt activities; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the chargeable profits of the accounting period do not exceed £50,000 or, if the accounting period is less than 12 months, a proportionately reduced amount; or
- (e) as respects the accounting period, the company is, within the meaning of regulations made by the Board for the purposes of this paragraph, resident in a territory specified in the regulations and satisfies—
- (i) such conditions with respect to its income or gains as may be so specified; and
- (ii) such other conditions (if any) as may be so specified.
- (1A) Regulations under paragraph (e) of subsection (1) above may—
- (a) make different provision for different cases or with respect to different territories;
- (b) make provision having effect in relation to accounting periods of controlled foreign companies ending not more than one year before the date on which the regulations are made; and
- (c) contain such supplementary, incidental, consequential and transitional provision as the Board may think fit.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Notwithstanding that none of paragraphs (a) to (e) of subsection (1) above applies to an accounting period of a controlled foreign company, no apportionment under section 747(3) falls to be made as regards that accounting period if it is the case that—
- (a) in so far as any of the transactions the results of which are reflected in the profits arising in that accounting period, or any two or more transactions taken together, the results of at least one of which are so reflected, achieved a reduction in United Kingdom tax, either the reduction so achieved was minimal or it was not the main purpose or one of the main purposes of that transaction or, as the case may be, of those transactions taken together to achieve that reduction, and
- (b) it was not the main reason or, as the case may be, one of the main reasons for the company’s existence in that accounting period to achieve a reduction in United Kingdom tax by a diversion of profits from the United Kingdom,
and Part IV of Schedule 25 shall have effect with respect to the preceding provisions of this subsection.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) This section is subject to section 748A.
#### Residence and interest
##### 749
- (1) Subject to subsections (2) to (4) and (6) below, in any accounting period in which a company is resident outside the United Kingdom, it shall be regarded for the purposes of this Chapter as resident in that territory in which, throughout that period, it is liable to tax by reason of domicile, residence or place of management.
- (2) If, in the case of any company,—
- (a) there are in any accounting period two or more territories falling within subsection (1) above, and
- (b) no election or designation made under paragraph (d) or (e) of subsection (3) below in relation to an earlier accounting period of the company has effect by virtue of section 749A(1) in relation to that accounting period,
subsection (3) below shall apply with respect to that company and that accounting period.
- (3) Where this subsection applies, the company shall in that accounting period be regarded for the purposes of this Chapter as resident in only one of those territories, namely—
- (a) if, throughout the accounting period, the company’s place of effective management is situated in one of those territories only, in that territory;
- (b) if, throughout the accounting period, the company’s place of effective management is situated in two or more of those territories, in that one of them in which, at the end of the accounting period, the greater amount of the company’s assets is situated;
- (c) if neither paragraph (a) nor paragraph (b) above applies, in that one of the territories falling within subsection (1) above in which, at the end of the accounting period, the greater amount of the company’s assets is situated;
- (d) if—
- (i) paragraph (a) above does not apply, and
- (ii) neither paragraph (b) nor paragraph (c) above produces one, and only one, of those territories,
in that one of them (if any) which is specified in an election made in relation to that accounting period by any one or more persons who together have a majority assessable interest in the company in that accounting period; and
- (e) if, in a case falling within paragraph (d) above, the time by which any election under that paragraph in relation to that accounting period must be made in accordance with section 749A(3)(b) expires without such an election having been made, in that one of those territories which the Board justly and reasonably designates in relation to that accounting period.
- (4) If, in the case of any company,—
- (a) there are in any accounting period two or more territories falling within subsection (1) above, and
- (b) an election or designation made under paragraph (d) or (e) of subsection (3) above in relation to an earlier accounting period of the company has effect by virtue of section 749A(1) in relation to the accounting period mentioned in paragraph (a) above,
the company shall in that accounting period be regarded for the purposes of this Chapter as resident in that one of those territories which is the subject of the election or designation.
- (5) If, in the case of any company, there is in any accounting period no territory falling within subsection (1) above, then, for the purposes of this Chapter, it shall be conclusively presumed that the company is in that accounting period resident in a territory in which it is subject to a lower level of taxation.
- (6) In any case where it becomes necessary for the purposes of subsection (3) above to determine in which of two or more territories the greater amount of a company’s assets is situated at the end of an accounting period—
- (a) account shall be taken only of those assets which, immediately before the end of that period, are situated in those territories; and
- (b) the amount of them shall be determined by reference to their market value at that time.
- (7) This section is without prejudice to the provision that may be made in regulations under section 748(1)(e).
- (8) For the purposes of this section, one or more persons together have a “majority assessable interest" in a controlled foreign company in an accounting period of the company if—
- (a) each of them has an assessable interest in the company in that accounting period; and
- (b) it is likely that, were an apportionment of the chargeable profits of the company for that accounting period made under section 747(3), the aggregate of the amounts which would be apportioned to them is greater than 50 per cent. of the aggregate of the amounts which would be apportioned to all the persons who have an assessable interest in the company in that accounting period.
- (9) For the purposes of subsection (8) above, a person has an “assessable interest" in a controlled foreign company in an accounting period of the company if he is one of the persons who it is likely would be chargeable to tax under section 747(4)(a) on an apportionment of the chargeable profits and creditable tax (if any) of the company for that accounting period under section 747(3).
- (10) For the purposes of subsection (8) and (9) above, the effect of any application under section 751A shall be disregarded.
#### Territories with a lower level of taxation
##### 750
- (1) Without prejudice to subsection (5) of section 749, a company which, by virtue of any of subsections (1) to (4) of that section, is to be regarded as resident in a particular territory outside the United Kingdom shall be considered to be subject to a lower level of taxation in that territory if , after giving effect to subsections (1A) and (1B) below, the amount of tax (“the local tax”) which is paid under the law of that territory in respect of the profits of the company which arise in any accounting period is less than three-quarters of the corresponding United Kingdom tax on those profits.
- (1A) If in the case of that accounting period there is any income, or any income and any expenditure, of the company—
- (a) which is brought into account in determining the profits of the company in respect of which tax is paid under the law of that territory, but
- (b) which does not also fall to be brought into account in determining the chargeable profits of the company,
the local tax shall be treated for the purposes of this Chapter as reduced to what it would have been had that income and any such expenditure not been so brought into account.
- (1B) If—
- (a) under the law of that territory any tax (“the company's tax”) falls to be paid by the company in respect of profits of the company arising in that accounting period,
- (b) under that law, any repayment of tax, or any payment in respect of a credit for tax, is made to a person other than the company, and
- (c) that payment or repayment is directly or indirectly in respect of the company's tax,
the local tax shall be treated for the purposes of this Chapter as reduced (or further reduced) by the amount of that payment or repayment.
- (2) For the purposes of this Chapter, the amount of the corresponding United Kingdom tax on the profits arising in an accounting period of a company resident outside the United Kingdom is the amount of corporation tax which, on the assumptions set out in Schedule 24 and subject to subsection (3) below, would be chargeable in respect of the chargeable profits of the company for that accounting period.
- (3) In determining the amount of corporation tax which, in accordance with subsection (2) above, would be chargeable in respect of the chargeable profits of an accounting period of a company resident outside the United Kingdom—
- (a) it shall be assumed for the purposes of Schedule 24 that an apportionment under section 747(3) falls to be made as regards that period; and
- (ab) there shall be disregarded the effect of any application under section 751A; and
- (b) there shall be disregarded so much of any relief from corporation tax in respect of income as would be attributable to the local tax and would fall to be given by virtue of any provision of Part XVIII . . . ; and
- (c) there shall be deducted from what would otherwise be the amount of that corporation tax—
- (i) any amount which (on the assumptions set out in Schedule 24) would fall to be set off against corporation tax by virtue of section 7(2); and
- (ii) any amount of income tax or corporation tax actually charged in respect of any of those chargeable profits.
- (4) The references in subsection (3)(c) above to an amount falling to be set off or an amount actually charged do not include so much of any such amount as has been or falls to be repaid to the company whether on the making of a claim or otherwise.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods and creditable tax
##### 751
- (1) For the purposes of this Chapter, an accounting period of a company resident outside the United Kingdom shall begin—
- (a) whenever the company comes under the control of persons resident in the United Kingdom;
- (b) whenever the company . . . commences to carry on business unless an accounting period of the company has previously begun as respects which an apportionment under section 747(3) falls or has fallen to be made; and
- (c) whenever an accounting period of the company ends without the company then ceasing either to carry on business or to have any source of income whatsoever.
- (2) For the purposes of this Chapter, an accounting period of a company resident outside the United Kingdom shall end if and at the time when—
- (a) the company ceases to be under the control of persons resident in the United Kingdom; or
- (b) the company becomes, or ceases to be, liable to tax in a territory; or
- (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the company ceases to have any source of income whatsoever;
and for the purposes of paragraph (b) above “*liable to tax*” means liable to tax by reason of domicile, residence or place of management.
- (3) Without prejudice to subsections (1) and (2) above, sections 10(1) and (5), 11(1) and (2) and 12 of CTA 2009 shall apply for the purposes of this Chapter as they apply for the purposes of corporation tax, but with the omission of so much of those provisions as relates to a company coming or ceasing to be within the charge to corporation tax.
- (4) Where it appears to the Board that the beginning or end of any accounting period of a company resident outside the United Kingdom is uncertain, the Board may by notice specify as an accounting period of the company such period, not exceeding 12 months, as appears to the Board to be appropriate, and that period shall be treated for the purposes of this Chapter as an accounting period of the company unless the notice is subsequently amended under subsection (5) below.
- (5) If, on further facts coming to the knowledge of the Board after the giving of a notice under subsection (4) above, it appears to the Board that any accounting period specified in the notice is not the true accounting period, the Board shall amend the notice so as to specify the true period.
- (5A) Any notice under subsection (4) above, and notice of any amendment of such a notice under subsection (5) above, shall be given to every person who has an assessable interest (as defined in section 749(9)) in the company in the accounting period in question.
- (6) In this Chapter, in relation to an accounting period of a controlled foreign company as regards which an apportionment under section 747(3) falls to be made, the creditable tax means the aggregate of—
- (a) the amount of any relief from corporation tax in respect of income which (on the assumptions set out in Schedule 24 and assuming the company to be liable for corporation tax on the chargeable profits of that accounting period) would fall to be given to the company by virtue of any provision of Part XVIII in respect of foreign tax attributable to any income which is brought into account in determining those chargeable profits; and
- (b) any amount which (on those assumptions) would fall to be set off against corporation tax on those chargeable profits by virtue of section 7(2); and
- (c) the amount of any income tax or corporation tax actually charged in respect of the chargeable profits of that accounting period, less any of that tax which has been or falls to be repaid to the company, whether on the making of a claim or otherwise.
#### Apportionment of chargeable profits and creditable tax
##### 752
- (1) This section applies in any case where an apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company.
- (2) Where—
- (a) the persons who have relevant interests in the controlled foreign company at any time in the relevant accounting period have those interests by virtue only of directly or indirectly holding ordinary shares of the company,
- (b) each of those persons satisfies the condition that he is either—
- (i) resident in the United Kingdom throughout that accounting period, or
- (ii) resident in the United Kingdom at no time in that accounting period, and
- (c) no company which has an intermediate interest in the controlled foreign company at any time in the relevant accounting period has that interest otherwise than by virtue of directly or indirectly holding ordinary shares of the controlled foreign company,
subsection (3) below shall apply.
- (3) Where this subsection applies, the apportionment of the controlled foreign company’s chargeable profits and creditable tax (if any) for the relevant accounting period shall be made among the persons who have relevant interests in the company at any time in that period in direct proportion to the percentage of the issued ordinary shares of the controlled foreign company which, in accordance with section 752B, each of those relevant interests represents.
- (4) Where subsection (3) above does not apply, the apportionment of the controlled foreign company’s chargeable profits and creditable tax (if any) for the relevant accounting period shall be made on a just and reasonable basis among the persons who have relevant interests in the company at any time in that period.
#### Notices and appeals
##### 753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Assessment, recovery and postponement of tax
##### 754
- (1) Subject to the following provisions of this section, the provisions of section 747(4)(a) relating to the charging of a sum as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Acts, and to any necessary modifications, all enactments applying generally to corporation tax, including those relating to company tax returns, those relating to the assessing, collecting and receiving of corporation tax, those conferring or regulating a right of appeal and those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.
- (1A) Accordingly (but without prejudice to subsection (1) above) the Management Act shall have effect as if—
- (a) any reference to corporation tax included a reference to a sum chargeable under section 747(4)(a) as if it were an amount of corporation tax; and
- (b) any reference to profits of a company included a reference to an amount of chargeable profits of a controlled foreign company which falls to be apportioned to a company under section 747(3).
- (2) For the purposes of the Taxes Acts, any sum chargeable on a company under section 747(4)(a) is chargeable for the accounting period of the company in which ends that one of the controlled foreign company’s accounting periods the chargeable profits of which give rise to that sum.
- (2A) Where—
- (a) an apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company, and
- (b) the apportionment falls to be made in accordance with section 752(4) on a just and reasonable basis, and
- (c) a company tax return is made or amended using for the apportionment a particular basis adopted by the company making the return,
the Board may determine that another basis is to be used for the apportionment.
- (2B) For the purposes of subsection (2A) above, the Board may by notice require the company making the return—
- (a) to produce to them such documents in the company’s power or possession, and
- (b) to provide them with such information, in such form,
as they may reasonably require for the purpose of determining the basis which is to be used for making the apportionment.
- (2C) The provisions of paragraphs 27 to 29 of Schedule 18 to the Finance Act 1998 (notice to produce documents etc for the purposes of enquiry: supplementary provisions and penalty) shall apply in relation to a notice under subsection (2B) above.
- (2D) Once the Board have determined under subsection (2A) above the basis to be used for the apportionment, matters shall proceed as if that were the only basis allowed by the Tax Acts.
- (2E) A determination under subsection (2A) above may be questioned on an appeal against an amendment, made under paragraph 30 or 34(2) of Schedule 18 to the Finance Act 1998, of the company’s company tax return, but only on the ground that the basis of apportionment determined by the Board is not just and reasonable.
- (3) Subsection (3B) shall apply where any appeal—
- (a) under paragraph 34(3) of Schedule 18 to the Finance Act 1998 against an amendment of a company tax return, or
- (b) under paragraph 48 of that Schedule against a discovery assessment or discovery determination under paragraph 41 of that Schedule (including an assessment by virtue of paragraph 52 of that Schedule),
involves any question concerning the application of this Chapter in relation to any particular person, and the question is one whose resolution is likely to affect the liability of more than one person under this Chapter in respect of the controlled foreign company concerned.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) Where this subsection applies—
- (a) each of the persons whose liability under this Chapter in respect of the controlled foreign company concerned is likely to be affected by the resolution of the question shall be entitled to be a party to any proceedings;
- (b) the tribunal shall determine that question separately from any other questions in those proceedings; and
- (c) the tribunal's determination on that question shall have effect as if made in an appeal to which each of those persons was a party.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Schedule 26 shall have effect with respect to the reliefs which may be claimed by a company resident in the United Kingdom which has a liability for tax in respect of an amount of chargeable profits; and no reliefs other than those provided for by that Schedule shall be allowed against any such liability.
- (6) In any case where—
- (a) the whole or any part of the tax chargeable on a company (“the chargeable company”) by virtue of section 747(4)(a) is not paid before the date on which it is due and payable in accordance with this Act or, as the case may be, the Management Act; and
- (b) the Board serve a notice of liability to tax under this subsection on another company (“the responsible company”) which is resident in the United Kingdom and holds or has held (whether directly or indirectly) the whole or any part of the same interest in the controlled foreign company as is or was held by the chargeable company,
the whole or, as the case may be, the corresponding part of the tax chargeable on the chargeable company or, as the case may be, so much of it as remains unpaid shall be payable by the responsible company upon service of the notice.
- (7) Where a notice of liability is served under subsection (6) above—
- (a) the whole, or (as the case may be) the corresponding part, of any interest due on the tax chargeable on the chargeable company and not paid; and
- (b) any interest accruing due on that tax after the date of service,
shall be payable by the responsible company (so far as referable to tax payable by the responsible company by virtue of the notice).
- (8) In any case where—
- (a) a notice of liability is served on the responsible company under subsection (6) above, and
- (b) the relevant tax and any interest payable by the responsible company under subsection (7) above is not paid by that company before the expiry of the period of three months beginning on the date of service of the notice,
that tax and interest may, without prejudice to the right of recovery from the responsible company, be recovered from the chargeable company.
- (9) In this section “*the Taxes Acts*” has the same meaning as in the Management Act.
#### Information relating to controlled foreign companies
##### 755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation and construction of Chapter IV
##### 756
- (1) In this Chapter—
- “*company tax return*” means a return required to be made under Schedule 18 to the Finance Act 1998;
- “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades.
- (1A) In this Chapter “*EEA territory*”, in relation to any time, means a territory which is an EEA state at that time other than the United Kingdom.
- (1B) But a territory is not to be regarded for the purposes of subsection (1A) above as an EEA state at any time if—
- (a) it is not a member State at that time, and
- (b) there are no arrangements made in relation to the territory having effect by virtue of section 173 of the Finance Act 2006 (international tax enforcement arrangements) at that time.
- (2) For the purposes of this Chapter—
- (a) section 839 applies; and
- (b) subsection (10) of section 783 applies as it applies for the purposes of that section.
- (3) The following provisions of Part XI apply for the purposes of this Chapter as they apply for the purposes of that Part—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) section 417(7) to (9);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
### CHAPTER V — OFFSHORE FUNDS
### Material interests in non-qualifying offshore funds
#### Disposal of material interests in non-qualifying offshore funds
##### 757
- (1) This Chapter applies to a disposal by any person of an asset if—
- (a) at the time of the disposal, the asset constitutes a material interest in an offshore fund which is or has at any material time been a non-qualifying offshore fund; or
- (b) at the time of the disposal, the asset constitutes an interest in a company resident in the United Kingdom or in a unit trust scheme, the trustees of which are at that time resident in the United Kingdom and at a material time after 31st December 1984 the interest was a material interest in a non-qualifying offshore fund;
and for the purpose of determining whether the asset disposed of falls within paragraph (b) above, section 127 of the 1992 Act (equation of original shares and new holding) shall have effect as it has effect for the purposes of that Act.
- (1A) But this Chapter does not apply to disposals of assets of an insurance company's long-term insurance fund.
- (2) Subject to the following provisions of this section and section 758, there is a disposal of an asset for the purposes of this Chapter if there would be such a disposal for the purposes of the 1992 Act.
- (3) Notwithstanding anything in paragraph (b) of subsection (1) of section 62 of the 1992 Act (general provisions applicable on death: no deemed disposal by the deceased) where a person dies and the assets of which he was competent to dispose include an asset which is or has at any time been a material interest in a non-qualifying offshore fund, then, for the purposes of this Chapter, other than section 758—
- (a) immediately before the acquisition referred to in paragraph (a) of that subsection, that interest shall be deemed to be disposed of by the deceased for such a consideration as is mentioned in that subsection; but
- (b) nothing in this subsection affects the determination, in accordance with subsection (1) above, of the question whether that deemed disposal is one to which this Chapter applies.
- (4) Subject to subsection (3) above, section 62 of the 1992 Act applies for the purposes of this Chapter as it applies for the purposes of that Act, and the reference in that subsection to the assets of which a deceased person was competent to dispose shall be construed in accordance with subsection (10) of that section.
- (5) Section 135 of the 1992 Act (exchange of securities for those in another company treated as not involving a disposal) does not apply for the purposes of this Chapter to the extent that—
- (a) the interest in the entity that is company A for the purposes of that section that is exchanged is or was at a material time an interest in a non-qualifying offshore fund, and
- (b) the interest in the entity that is company B for those purposes that is exchanged is not an interest in such a fund.
In a case where that section would apply apart from this subsection, the exchange in question (of interests in or of an entity that are or were at a material time interests in a non-qualifying offshore fund) shall for the purposes of this Chapter constitute a disposal of interests in the offshore fund for a consideration equal to their market value at the time of the exchange.
- (6) Section 136 of the 1992 Act (scheme of reconstruction involving issue of securities treated as exchange not involving disposal) does not apply for the purposes of this Chapter to the extent that—
- (a) the interest in the entity that is company A for the purposes of that section that is exchanged is or was at a material time an interest in a non-qualifying offshore fund, and
- (b) the interest in the entity that is company B for those purposes that is exchanged is not an interest in such a fund.
In a case where that section would apply apart from this subsection, the deemed exchange in question (of interests in or of an entity that are or were at a material time interests in a non-qualifying offshore fund) shall for the purposes of this Chapter constitute a disposal of interests in the offshore fund for a consideration equal to their market value at the time of the deemed exchange.
- (7) For the purposes of this section—
- (a) a material time, in relation to the disposal of an asset, is any time on or after the earliest date on which any relevant consideration was given for the acquisition of the asset or, if that date is earlier than 1st January 1984, any time on or after 1st January 1984; and
- (b) “*relevant consideration*” means consideration which, assuming the application to the disposal of Chapter III of Part II of the 1992 Act, would fall to be taken into account in determining the amount of the gain or loss accruing on the disposal, whether that consideration was given by or on behalf of the person making the disposal or by or on behalf of a predecessor in title of his whose acquisition cost represents, directly or indirectly, the whole or any part of the acquisition cost of the person making the disposal.
#### Offshore funds operating equalisation arrangements
##### 758
- (1) For the purposes of this Chapter, an offshore fund operates equalisation arrangements if, and at a time when, arrangements are in existence which have the result that where—
- (a) a person acquires by way of initial purchase a material interest in the fund at some time during a period relevant to the arrangements; and
- (b) the fund makes a distribution for a period which begins before the date of his acquisition of that interest;
the amount of that distribution which is paid to him (assuming him still to retain that interest) will include a payment of capital which is debited to an account maintained under the arrangements (“the equalisation account”) and which is determined by reference to the income which had accrued to the fund at the date of his acquisition.
- (2) For the purposes of this section, a person acquires an interest in an offshore fund by way of initial purchase if—
- (a) his acquisition is by way of subscription for or allotment of new shares, units or other interests issued or created by the fund; or
- (b) his acquisition is by way of direct purchase from the persons concerned with the management of the fund and their sale to him is made in their capacity as managers of the fund.
- (3) Without prejudice to section 757(1), this Chapter applies, subject to the following provisions of this section, to a disposal by any person of an asset if—
- (a) at the time of the disposal, the asset constitutes a material interest in an offshore fund which at that time is operating equalisation arrangements; and
- (b) the fund is not and has not at any material time (within the meaning of section 757(7)) been a non-qualifying offshore fund; and
- (c) the proceeds of the disposal do not fall to be taken into account as a trading receipt.
- (4) This Chapter does not, by virtue of subsection (3) above, apply to a disposal if—
- (a) it takes place during such a period as is mentioned in subsection (1)(a) above; and
- (b) throughout so much of that period as precedes the disposal, the income of the offshore fund concerned has been of such a nature as is referred to in paragraph 3(1) of Schedule 27.
- (5) An event which, apart from section 127 of the 1992 Act (reorganisations etc.), would constitute a disposal of an asset shall constitute such a disposal for the purpose of determining whether, by virtue of subsection (3) above, there is a disposal to which this Chapter applies.
- (6) The reference in subsection (5) above to section 127 of the 1992 Act includes a reference to that section as applied by any provision of Chapter 2 of Part 4 of that Act.
- (7) The Treasury may make provision by regulations as to the application of the provisions of this section in relation to—
- (a) a part of an umbrella fund which is treated as an offshore fund under section 756B, or
- (b) a class of interest in an offshore fund which is treated as an offshore fund under section 756C.
- (8) Regulations under subsection (7) may—
- (a) make different provision for different cases, and
- (b) include such supplementary, incidental, consequential or transitional provisions (including provisions modifying the effect of other enactments) as appear to the Treasury to be necessary or expedient.
#### Material interests in offshore funds
##### 759
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Subject to the following provisions of this section, a person’s interest in an offshore fund is a material interest if, at the time when he acquired the interest, it could reasonably be expected that, at some time during the period of seven years beginning at the time of his acquisition, he would be able to realise the value of the interest (whether by transfer, surrender or in any other manner).
- (3) For the purposes of subsection (2) above, a person is at any time able to realise the value of an interest if at that time he can realise an amount which is reasonably approximate to that portion which the interest represents (directly or indirectly) of the market value at that time of the assets of the fund.
- (4) For the purposes of subsections (2) and (3) above—
- (a) a person is able to realise a particular amount if he is able to obtain that amount either in money or in the form of assets to the value of that amount; and
- (b) if at any time an interest in an offshore fund has a market value which is substantially greater than the portion which the interest represents, as mentioned in subsection (3) above, of the market value at that time of the assets concerned, the ability to realise such a market value of the interest shall not be regarded as an ability to realise such an amount as is referred to in that subsection.
- (5) An interest in an offshore fund is not a material interest if—
- (a) it is an interest in respect of any loan capital or debt issued or incurred for money which, in the ordinary course of a business of banking, is lent by a person carrying on that business; or
- (b) it is a right arising under a policy of insurance.
- (6) Shares in a company that is not resident in the United Kingdom(an “overseas company”) do not constitute a material interest in an offshore fund if—
- (a) the shares are held by a company and the holding of them is necessary or desirable for the maintenance and development of a trade carried on by the company or a company associated with it; and
- (b) the shares confer at least 10 per cent. of the total voting rights in the overseas company and a right, in the event of a winding-up, to at least 10 per cent. of the assets of that company remaining after the discharge of all liabilities having priority over the shares; and
- (c) not more than ten persons hold shares in the overseas company and all the shares in that company confer both voting rights and a right to participate in the assets on a winding-up; and
- (d) at the time of its acquisition of the shares, the company had such a reasonable expectation as is referred to in subsection (2) above by reason only of the existence of—
- (i) an arrangement under which, at some time within the period of seven years beginning at the time of acquisition, that company may require the other participators to purchase its shares; or
- (ii) provisions of either an agreement between the participators or the constitution of the overseas company under which the company will be wound up within a period which is, or is reasonably expected to be, shorter than the period referred to in subsection (2) above; or
- (iii) both such an arrangement and such provisions;
and in this paragraph “*participators*” means the persons holding shares falling within paragraph (c) above.
- (7) For the purposes of subsection (6)(a) above, a company is associated with another company if one of them has control of the other within the meaning of section 416 or both of them are under the control, within the meaning of that section, of the same person or persons.
- (8) An interest in a company that is not resident in the United Kingdom is not a material interest in an offshore fund at any time when the following conditions are satisfied, namely—
- (a) that the holder of the interest has the right to have the company wound up; and
- (b) that, in the event of a winding up, the holder is, by virtue of the interest and any other interest which he then holds in the same capacity, entitled to more than 50 per cent. of the assets remaining after the discharge of all liabilities having priority over the interest or interests concerned.
- (9) The market value of any asset for the purposes of this Chapter shall be determined in like manner as it would be determined for the purposes of the 1992 Act except that, in the case of an interest in an offshore fund for which there are separate published buying and selling prices, section 272(5) of that Act (meaning of “*market value*” in relation to rights of unit holders in a unit trust scheme) shall apply with any necessary modifications for determining the market value of the interest for the purposes of this Chapter.
#### Non-qualifying offshore funds
##### 760
- (1) For the purposes of this Chapter, an offshore fund is a non-qualifying fund except during an account period of the fund in respect of which the fund is certified by the Board as a distributing fund.
- (2) An offshore fund shall not be certified as a distributing fund in respect of any account period unless, with respect to that period, the fund pursues a full distribution policy, within the meaning of Part I of Schedule 27.
- (3) Subject to Part II of that Schedule, an offshore fund shall not be certified as a distributing fund in respect of any account period if, at any time in that period—
- (a) more than 5 per cent. by value of the assets of the fund consists of interests in other offshore funds; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of this Chapter, an account period of an offshore fund shall begin—
- (a) whenever the fund begins to carry on its activities; and
- (b) whenever an account period of the fund ends without the fund then ceasing to carry on its activities.
- (9) For the purposes of this Chapter, an account period of an offshore fund shall end on the first occurrence of any of the following—
- (a) the expiration of 12 months from the beginning of the period;
- (b) an accounting date of the fund or, if there is a period for which the fund does not make up accounts, the end of that period; and
- (c) the fund ceasing to carry on its activities.
- (10) For the purposes of this Chapter—
- (a) an account period of an offshore fund which is a company that is not resident in the United Kingdom shall end if, and at the time when, the company ceases to be resident outside the United Kingdom; and
- (b) an account period of an offshore fund which is a unit trust scheme of which the trustees are not resident in the United Kingdom shall end if, and at the time when, the trustees of the scheme become resident in the United Kingdom.
- (10A) For the purposes of this Chapter, in relation to—
- (a) a part of an umbrella fund which is treated as an offshore fund under section 756B, or
- (b) a class of interest in an offshore fund which is treated as an offshore fund under section 756C,
references to an account period of the offshore fund are to an account period of the umbrella fund or the main fund (as the case may be).
- (11) The provisions of Part III of Schedule 27 shall have effect with respect to the procedure for and in connection with the certification of an offshore fund as a distributing fund, and the supplementary provisions in Part IV of that Schedule shall have effect.
### Charge to tax of offshore income gains
#### Charge to income tax or corporation tax of offshore income gain
##### 761
- (1) If a disposal to which this Chapter applies gives rise in accordance with section 758 or Schedule 28 to an offshore income gain, then, subject to the provisions of this section, the amount of that gain—
- (a) shall be treated for all the purposes of the Tax Acts as income arising at the time of the disposal to the person making the disposal, and
- (b) shall be charged—
- (i) to income tax for the year of assessment in which the disposal is made, or
- (ii) to corporation tax , under the charge to corporation tax on income, for the accounting period in which the disposal is made.
- (1A) The income tax charged by virtue of subsection (1)(b)(i) above shall be charged on the full amount of the income treated as arising in the year of assessment.
- (2) Subject to subsection (3) below, sections 2(1), 10 and 10Bof the 1992 Act (persons chargeable to tax in respect of chargeable gains) and section 19(3)(c) of CTA 2009 shall have effect in relation to income tax or corporation tax in respect of offshore income gains as they have effect in relation to capital gains tax or corporation tax in respect of chargeable gains.
- (3) In the application of sections 10 and 10Bof the 1992 Act in accordance with subsection (2) above, paragraphs (a) and (b) of subsection (1) of section 10 (which define the assets on the disposal of which chargeable gains are taxable) shall have effect with the omission of the words “situated in the United Kingdom and” and paragraphs (a) and (b) of subsection (1) of section 10B (which make similar provision in relation to corporation tax) shall have effect with the omission of the words “situated in the United Kingdom and”.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsections (1)(b) and (1A) are subject to section 762ZB (income treated as arising: non-UK domiciled individuals to whom remittance basis applies).
- (6) A charitable company shall be exempt from corporation tax in respect of an offshore income gain if the gain is applicable and applied for charitable purposes . . . .
- (6A) See section 535 of ITA 2007 for an exemption for income tax purposes for offshore income gains accruing to a charitable trust.
- (6B) If property held on charitable trusts ceases to be subject to charitable trusts and that property represents directly or indirectly an offshore income gain, the trustees shall be treated as if they had disposed of and immediately reacquired that property for a consideration equal to its market value, any gain (calculated in accordance with Schedule 28) accruing being treated as an offshore income gain not accruing to a charity.
- (6C) In this section “*charity*” and “*charitable company*” have the same meaning as in section 506 and “*market value*” has the same meaning as in the 1992 Act.
- (7) In any case where—
- (a) a disposal to which this Chapter applies is a disposal of settled property, within the meaning of the 1992 Act, and
- (b) at the time of the disposal referred to in paragraph (a) above the trustees of the settlement are neither resident nor ordinarily resident in the United Kingdom for the purposes of the 1992 Act,
subsection (1) above shall not apply in relation to any offshore income gain to which the disposal gives rise.
- (8) Nothing in subsection (7) affects the application of this section in relation to an offshore income gain treated as arising by virtue of section 762(3).
#### Offshore income gains accruing to persons resident or domiciled abroad
##### 762
- (1) Section 13 of the 1992 Act (chargeable gains accruing to certain non-resident companies) shall have effect in relation to offshore income gains subject to the following modifications—
- (a) for any reference to a chargeable gain there shall be substituted a reference to an offshore income gain;
- (aa) any reference to anything accruing is to be read as a reference to it arising (and similar references are to be read accordingly);
- (b) for the reference in subsection (7) to capital gains tax there shall be substituted a reference to income tax or corporation tax; and
- (c) paragraphs (b) and (c) of subsection (5) and subsection (8) shall be omitted.
- (2) If—
- (a) offshore income gains arise to the trustees of a settlement in a tax year, and
- (b) section 87 of the 1992 Act (gains of non-resident settlements) applies to the settlement for that year,
the OIG amount for the settlement for that year is the amount of the offshore income gains.
- (3) Sections 87, 87A, 87C to 90 and 96 to 98 of, and Schedule 4C to, the 1992 Act apply in relation to OIG amounts as if—
- (a) references to section 2(2) amounts (except those in paragraph 7B(2)(b) and (4) of Schedule 4C) were to OIG amounts,
- (b) references to chargeable gains (except the one in paragraph 1(5) of Schedule 4C) were to offshore income gains,
- (c) references to anything accruing were to it arising (and similar references, except the one in paragraph 1(5) of Schedule 4C, were read accordingly), and
- (d) sections 87(4), 88(2) to (5), 89(4) and 97(6) and paragraphs 1(3A), 3 to 7, 8AA, 12 and 13 of Schedule 4C were omitted.
- (4) Section 87A of the 1992 Act applies for a tax year by virtue of subsection (3) before it applies for that year otherwise than by virtue of that subsection.
- (5) If, by virtue of subsection (1) or (3), offshore income gains are treated as arising to a person, for the purposes of section 761 as it applies in relation to the offshore income gains treat the person as having made the disposal in question.
- (6) To the extent that an offshore income gain is treated, by virtue of subsection (1) or (3), as having arisen to any person resident or ordinarily resident in the United Kingdom, that gain shall not be deemed to be the income of any individual for the purposes of . . . any provision of Chapter 5 of Part 5 of ITTOIA 2005.
#### Deduction of offshore income gain in determining capital gain
##### 763
- (1) The provisions of this section apply where a disposal to which this Chapter applies gives rise to an offshore income gain; and, if that disposal also constitutes the disposal of the interest concerned for the purposes of the 1992 Act, then that disposal is in the following provisions of this section referred to as the 1992 Act disposal.
- (2) So far as relates to an offshore income gain which arises on a material disposal (within the meaning of Part I of Schedule 28), subsections (3) and (4) below shall have effect in relation to the 1992 Act disposal in substitution for section 37(1) of that Act (deduction of consideration chargeable to tax on income).
- (3) Subject to the following provisions of this section, in the computation of the gain accruing on the 1992 Act disposal, a sum equal to the offshore income gain shall be deducted from the sum which would otherwise constitute the amount or value of the consideration for the disposal.
- (4) Where the 1992 Act disposal is of such a nature that, by virtue of section 42 of that Act (part disposals) an apportionment falls to be made of certain expenditure, no deduction shall be made by virtue of subsection (3) above in determining, for the purposes of the fraction in subsection (2) of that section, the amount or value of the consideration for the disposal.
- (5) If the 1992 Act disposal forms part of a transfer to which section 162 of that Act applies (roll-over relief on transfer of business in exchange wholly or partly for shares) then, for the purposes of subsection (4) of that section (determination of the amount of the deduction from the gain on the old assets) “B” in the fraction in that subsection (the value of the whole of the consideration received by the transferor in exchange for the business) shall be taken to be what it would be if the value of the consideration other than shares so received by the transferor were reduced by a sum equal to the offshore income gain.
- (6) Where the disposal to which this Chapter applies constitutes such a disposal by virtue of section 757(5) or (6) or 758(5), the 1992 Act shall have effect as if an amount equal to the offshore income gain to which the disposal gives rise were given (by the person making the exchange concerned) as consideration for the new holding, within the meaning of section 128 of that Act (consideration given or received for new holding on a reorganisation).
- (6A) Where the disposal to which this Chapter applies constitutes such a disposal by virtue of section 762A (exchange of interests of different classes), the 1992 Act shall have effect as if an amount equal to the offshore income gain to which that disposal gives rise were given (by the person making the exchange) as consideration for the new holding (within the meaning of section 128 of that Act (consideration given or received for new holding on a reorganisation)).
- (7) In any case where—
- (a) a disposal to which this Chapter applies by virtue of subsection (3) of section 758 is made otherwise than to the offshore fund concerned or the persons referred to in subsection (2)(b) of that section; and
- (b) subsequently, a distribution which is referable to the asset disposed of is paid either to the person who made the disposal or to a person connected with him; and
- (c) the disposal gives rise (in accordance with Part II of Schedule 28) to an offshore income gain;
then, for the purposes of the Tax Acts, the amount of the first distribution falling within paragraph (b) above shall be taken to be reduced or, as the case may be, extinguished by deducting therefrom an amount equal to the offshore income gain referred to in paragraph (c) above and, if that amount exceeds the amount of that first distribution, the balance shall be set against the second and, where necessary, any later distribution falling within paragraph (b) above, until the balance is exhausted.
- (8) For the purposes of subsection (7)(b) above, whether the person who made the disposal is connected with another person is determined in accordance with section 839.
#### Offshore income gains of trustees
##### 764
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — MISCELLANEOUS
### Migration etc. of company
#### Migration etc.of companies
##### 765
- (1) Subject to the provisions of this section and section 765A, all transactions of the following classes shall be unlawful unless carried out with the consent of the Treasury, that is to say—
- (a) *for a body corporate resident in the United Kingdom to cease to be so resident; or*
- (b) *for the trade or business or any part of the trade or business of a body corporate so resident to be transferred from that body corporate to a person not so resident; or*
- (c) for a body corporate resident in the United Kingdom to cause or permit a body corporate not so resident over which it has control to create or issue any shares or debentures; or
- (d) except for the purpose of enabling a person to be qualified to act as a director, for a body corporate so resident to transfer to any person, or cause or permit to be transferred to any person, any shares or debentures of a body corporate not so resident over which it has control, being shares or debentures which it owns or in which it has an interest.
- (2) Nothing in subsection (1)(c) above shall apply to the giving to the bankers of the body corporate not resident in the United Kingdom of any security for the payment of any sum due or to become due from it to them by reason of any transaction entered into with it by them in the ordinary course of their business as bankers.
- (3) Nothing in subsection (1)(c) above shall apply to the giving by the body corporate not resident in the United Kingdom to an insurance company of any security for the payment of any sum due or to become due from that body corporate to that company by reason of any transaction entered into with that body corporate by that company in the ordinary course of that company’s business by way of investment of its funds.
- (4) Any consent granted by the Treasury under this section—
- (a) may be given either specially (that is to say, so as to apply only to specified transactions of or relating to a specified body corporate) or generally (that is to say, so as not only so to apply); and
- (b) may, if given generally, be revoked by the Treasury; and
- (c) may in any case be absolute or conditional; and
- (d) shall be published in such a way as to give any person entitled to the benefit of it an adequate opportunity of getting to know of it, unless in the opinion of the Treasury publication is not necessary for that purpose.
#### Offences under section 765
##### 766
- (1) Any person who, whether within or outside the United Kingdom, does or is a party to the doing of any act which to his knowledge amounts to or results in, or forms part of a series of acts which together amount to or result in, or will amount to or result in, something which is unlawful under section 765(1) shall be guilty of an offence under this section.
- (2) In any proceedings in respect of such an offence against a director of the body corporate in question (that is to say, the body corporate which is or was resident in the United Kingdom) or against any person who was purporting to act in that capacity—
- (a) it shall be presumed that he was a party to every act of that body corporate unless he proves that it was done without his consent or connivance; and
- (b) it shall, unless the contrary is proved, be presumed that any act which in fact amounted to or resulted in, or formed part of a series of acts which together amounted to or resulted in or would amount to or result in, something which is unlawful under section 765(1) was to his knowledge such an act.
- (3) Any person who is guilty of an offence under this section shall be liable on conviction on indictment—
- (a) to imprisonment for not more than two years or to a fine, or to both; or
- (b) where the person in question is a body corporate which is or was resident in the United Kingdom, to a fine not exceeding an amount equal to three times the corporation tax, capital gains tax and income tax paid or payable which is attributable to the income, profits or gains (including chargeable gains) arising in the 36 months immediately preceding the commission of the offence, or £10,000, whichever is the greater;
and proceedings in respect of such an offence alleged to have been committed by a person may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
- (4) No proceedings for an offence under this section shall be instituted, in England or Wales, except by or with the consent of the Attorney General, or in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
#### Interpretation and commencement of sections 765 and 766
##### 767
- (1) *A body corporate shall be deemed for the purposes of sections* 765*and* 766*to be resident or not to be resident in the United Kingdom according as the central management and control of its trade or business is or is not exercised in the United Kingdom.*
- (2) *If it is shown that it has been established as between the Crown and a body corporate for any income tax or corporation tax purpose that the body corporate was resident or ordinarily resident in the United Kingdom for any year of assessment or other period, it shall be presumed, except so far as the contrary is proved, that that body corporate was resident in the United Kingdom for the purposes of sections* 765*and* 766*at the beginning of that year of assessment or other period and that it continued to be so resident at all times thereafter.*
- (3) *Where the functions of a body corporate consist wholly or mainly in the holding of investments or other property, the holding of the investments or property shall be deemed for the purposes of this section and sections* 765*and* 766*to be a business carried on by the body corporate.*
- (4) *Notwithstanding anything in the preceding provisions of this section or in sections* 765*and* 766,*in no event shall a mere transfer of assets by a body corporate not resulting in a substantial change in the character or extent of the trade or business of that body corporate be treated for the purposes of sections* 765*and* 766*as a transfer of part of its trade or business*.
- (5) In this section and in sections 765 and 766—
- “share” has, in relation to any body corporate, the meaning given by Part 26 of the Companies Act 1985 in relation to a company;
- “debenture” has, in relation to any body corporate, the meaning given by section 738 of the Companies Act 2006 in relation to a company;
- “director” has, in relation to any body corporate, the meaning given by section 250 of the Companies Act 2006 in relation to a company;
- “*control*” (except in the expression “*central management and control*”) has, in relation to a body corporate, the meaning given by section 840;
- “*transfer*”, in relation to shares or debentures, includes a transfer of any beneficial interest therein;
- “*insurance company*” means a body corporate lawfully carrying on business as an insurer, whether in the United Kingdom or elsewhere; and
- “*funds*” in relation to an insurance company means the funds held by it in connection with that business;
*and a body corporate shall not be deemed for the purposes of this section and sections* 765*and* 766*to cease to be resident in the United Kingdom by reason only that it ceases to exist*.
- (6) This section and sections 765 and 766 shall come into force on 6th April 1988 to the exclusion of section 482 of the 1970 Act (which is re-enacted by those sections); but any offence committed before 6th April 1988 shall not be punishable under section 766 and neither this subsection nor any other provision of this Act shall prevent any such offence from being punishable as if this Act had not been passed.
### Change in ownership of company
#### Change in ownership of company: disallowance of trading losses
##### 768
- (1) If—
- (a) within any period of three years there is both a change in the ownership of a company and (either earlier or later in that period, or at the same time) a major change in the nature or conduct of a trade carried on by the company, or
- (b) at any time after the scale of the activities in a trade carried on by a company has become small or negligible, and before any considerable revival of the trade, there is a change in the ownership of the company,
no relief shall be given under section 393 by setting a loss incurred by the company in an accounting period beginning before the change of ownership against any income or other profits of an accounting period ending after the change of ownership.
- (2) In applying this section to the accounting period in which the change of ownership occurs, the part ending with the change of ownership, and the part after, shall be treated as two separate accounting periods, and the profits or losses of the accounting period shall be apportioned to the two parts.
- (3) The apportionment under subsection (2) above shall be on a time basis according to the respective lengths of those parts except that if it appears that that method would work unreasonably or unjustly such other method shall be used as appears just and reasonable.
- (4) In subsection (1) above “*major change in the nature or conduct of a trade*” includes—
- (a) a major change in the type of property dealt in, or services or facilities provided, in the trade; or
- (b) a major change in customers, outlets or markets of the trade;
and this section applies even if the change is the result of a gradual process which began outside the period of three years mentioned in subsection (1)(a) above.
- (5) In relation to any relief available under section 343 to a successor company, subsection (1) above shall apply as if any loss sustained by a predecessor company had been sustained by a successor company and as if the references to a trade included references to the trade as carried on by a predecessor company.
- (6) Where relief in respect of a company’s losses has been restricted under this section then, notwithstanding section 577(3) of the Capital Allowances Act, in applying the provisions of that Act about balancing charges to the company by reference to any event after the change of ownership of the company, any allowance or deduction falling to be made in taxing the company’s trade for any chargeable period before the change of ownership shall be disregarded unless the profits or gains of that chargeable period or of any subsequent chargeable period before the change of ownership were sufficient to give effect to the allowance or deduction.
- (7) In applying subsection (6) above it shall be assumed that any profits or gains are applied in giving effect to any such allowance or deduction in preference to being set off against any loss which is not attributable to such an allowance or deduction.
- (8) Where the operation of this section depends on circumstances or events at a time after the change of ownership (but not more than three years after), an assessment to give effect to the provisions of this section shall not be out of time if made within six years from that time, or the latest of those times.
- (9) Any person in whose name any shares, stock or securities of a company are registered shall, if required by notice by an inspector given for the purposes of this section, state whether or not he is the beneficial owner of those shares or securities and, if not the beneficial owner of those shares or securities of any of them, shall furnish the name and address of the person or persons on whose behalf those shares, stock or securities are registered in his name.
#### Rules for ascertaining change in ownership of company
##### 769
- (1) For the purposes of sections 767A, 767AA . . . , 768, 768A, 768B , 768C and 768D there is a change in the ownership of a company—
- (a) if a single person acquires more than half the ordinary share capital of the company; or
- (b) if two or more persons each acquire a holding of 5 per cent. or more of the ordinary share capital of the company, and those holdings together amount to more than half the ordinary share capital of the company; or
- (c) if two or more persons each acquire a holding of the ordinary share capital of the company, and the holdings together amount to more than half the ordinary share capital of the company, but disregarding a holding of less than 5 per cent. unless it is an addition to an existing holding and the two holdings together amount to 5 per cent. or more of the ordinary share capital of the company.
- (2) In applying subsection (1) above—
- (a) the circumstances at any two points of time with not more than three years between may be compared, and a holder at the later time may be regarded as having acquired whatever he did not hold at the earlier time, irrespective of what he has acquired or disposed of in between;
- (b) to allow for any issue of shares or other reorganisation of capital, the comparison may be made in terms of percentage holdings of the total ordinary share capital at the respective times, so that a person whose percentage holding is greater at the later time may be regarded as having acquired a percentage holding equal to the increase;
- (c) to decide for the purposes of subsection (1)(b) or (c) above if any person has acquired a holding of at least 5 per cent., or a holding which makes at least 5 per cent. when added to an existing holding, acquisitions by, and holdings of, two or more persons who are connected persons within the meaning of section 839 shall be aggregated as if they were acquisitions by, and holdings of, one and the same person;
- (d) any acquisition of shares under the will or on the intestacy of a deceased person , and any gift of shares which is unsolicited and made without regard to the provisions of sections 767A, 767AA, 768, 768A, 768B , 768C and 768D, . . . shall be left out of account.
- (2A) Where—
- (a) persons, whether company members or not, possess extraordinary rights or powers under the articles of association or under any other document regulating the company, and
- (b) because of that fact ownership of the ordinary share capital may not be an appropriate test of whether there has been a change in the ownership of the company,
then, in considering whether there has been a change in the ownership of the company for the purposes of section 767A or 767AA, holdings of all kinds of share capital, including preference shares, or of any particular category of share capital, or voting power or any other kind of special power may be taken into account instead of ordinary share capital.
- (3) Where, because persons, whether company members or not, possess extraordinary rights or powers under the articles of association or under any other document regulating the company, ownership of the ordinary share capital may not be an appropriate test of whether there has been a major change in the persons for whose benefit the losses may ultimately enure, then, in considering whether there has been a change in the ownership of the company for the purposes of section 768 , 768A or 768D, holdings of all kinds of share capital, including preference shares, or of any particular category of share capital, or voting power or any other special kind of power, may be taken into account instead of ordinary share capital.
- (3A) Subsection (3) above shall apply for the purposes of sections 768B and 768C as if the reference to the benefit of losses were a reference to the benefit of deductions.
- (4) Where section 768, 768A, 768B , 768C or 768D has operated to restrict relief by reference to a change of ownership taking place at any time, no transaction or circumstances before that time shall be taken into account in determining whether there is any subsequent change of ownership.
- (5) A change in the ownership of a company shall be disregarded for the purposes of sections 767A, 767AA . . . , 768, 768A, 768B , 768C and 768D if—
- (a) immediately before the change the company is the 75 per cent. subsidiary of another company, and
- (b) (although there is a change in the direct ownership of the company) that other company continues after the change to own the first-mentioned company as a 75 per cent. subsidiary.
- (6) If there is a change in the ownership of a company, including a change occurring by virtue of the application of this subsection but not a change which is to be disregarded under subsection (5) above, then—
- (a) in a case falling within subsection (1)(a) above, the person mentioned in subsection (1)(a) shall be taken for the purposes of this section to acquire at the time of the change any relevant assets owned by the company;
- (b) in a case falling within subsection (1)(b) above but not within subsection (1)(a) above, each of the persons mentioned in subsection (1)(b) shall be taken for the purposes of this section to acquire at the time of the change the appropriate proportion of any relevant assets owned by the company; and
- (c) in any other case, each of the persons mentioned in paragraph (c) of subsection (1) above (other than any whose holding is disregarded under that paragraph) shall be taken for the purposes of this section to acquire at the time of the change the appropriate proportion of any relevant assets owned by the company.
- (6A) In subsection (6) above—
- “*the appropriate proportion*”, in relation to one of two or more persons mentioned in subsection (1)(b) or (c) above, means a proportion corresponding to the proportion which the percentage of the ordinary share capital acquired by him bears to the percentage of that capital acquired by all those persons taken together; and
- “*relevant assets*”, in relation to a company, means—
- (a) any ordinary share capital of another company, and
- (b) any property or rights which under subsection (3) above may be taken into account instead of ordinary share capital of another company.
- (6B) Notwithstanding that at any time a company (“the subsidiary company”) is a 75 per cent. subsidiary of another company (“the parent company”) it shall not be treated at that time as such a subsidiary for the purposes of this section unless, additionally, at that time—
- (a) the parent company would be beneficially entitled to not less than 75 per cent. of any profits available for distribution to equity holders of the subsidiary company; and
- (b) the parent company would be beneficially entitled to not less than 75 per cent. of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
- (6C) Schedule 18 shall apply for the purposes of subsection (6B) above as it applies for the purposes of section 413(7).
- (7) For the purposes of this section—
- (a) references to ownership shall be construed as references to beneficial ownership, and references to acquisition shall be construed accordingly;
- (b) *a company shall be deemed to be a* 75*per cent. subsidiary of another company if and so long as not less than three-quarters of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies*;
- (c) *the amount of ordinary share capital of one company owned by a second company through another company or other companies or partly directly and partly through another company or other companies, shall be determined in accordance with subsections* (5)*to* (10)*of section* 838;*and*
- (d) “*shares*” includes stock.
- (8) If any acquisition of ordinary share capital or other property or rights taken into account in determining that there has been a change of ownership of a company was made in pursuance of a contract of sale or option or other contract, or the acquisition was made by a person holding such a contract, then the time when the change in the ownership of the company took place shall be determined as if the acquisition had been made when the contract was made with the holder or when the benefit of it was assigned to him so that, in the case of a person exercising an option to purchase shares, he shall be regarded as having purchased the shares when he acquired the option.
- (9) Subsection (8) above shall not apply in relation to section 767A or 767AA.
### Transactions between associated persons
#### Sales etc. at an undervalue or overvalue
##### 770
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions by petroleum companies
##### 771
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information for purposes of section 770, and appeals
##### 772
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 770 and 771
##### 773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions between dealing company and associated company
##### 774
- (1) Subject to the provisions of this section, where—
- (a) a dealing company becomes entitled to a deduction, in computing the profits or gains of the company for tax purposes for any period, in respect of the depreciation in the value of any right subsisting against an associated company, being a non-dealing company; or
- (b) a dealing company makes any payment to such an associated company, being a payment in respect of which the dealing company is entitled to a deduction in computing its profits or gains for tax purposes for any period;
and the depreciation or payment is not brought into account in computing the profits or gains of the non-dealing company, that company shall be deemed to have received on the last day of the period income of an amount equal to the amount of the deduction and shall be chargeable to tax in respect thereof (in the case of corporation tax, under the charge to corporation tax on income).
- (2) Where the non-dealing company is carrying on a trade, the income referred to in subsection (1) above shall, if the company so elects, not be so chargeable but shall be deemed to have been a receipt of the trade, or, if the company is carrying on more than one trade, to have been a receipt of such one of the trades as the company may choose.
- (3) Where the non-dealing company is carrying on, or was formed to carry on a trade, then if—
- (a) either—
- (i) the right subsisting against it was a right to the repayment of moneys lent for meeting expenditure which has proved (in whole or in part) abortive, or
- (ii) the payment to the company was made for meeting such expenditure, and
- (b) that expenditure is such that the company is not entitled in respect of it to any allowance or deduction in computing losses or gains,
subsection (1) above shall not apply in so far as the expenditure proved abortive.
- (4) For the purposes of this section—
- (a) “*company*” includes any body corporate;
- (b) “*dealing company*” means a company dealing in securities, land or buildings and includes any company whose profits on the sale of securities, land or buildings are part of its trading profits;
- (c) “*non-dealing company*” means any company which is not a dealing company;
- (d) two or more companies shall be treated as associated companies if one has control of the other or others, or any person has control of both or all of them;
- (e) references to a company (“the first company”) having control of another company (“the second company”) shall be construed as references to the first company having control of the second company either by itself or in conjunction with any person having control over the first company, and “*control*” has the meaning given by section 840;
- (f) “*securities*” includes shares and stock.
- (5) Where it appears to the Board that by reason of any transaction or transactions a person may by virtue of this section have incurred any liability to tax, the Board may by notice served on him require him, within such time not less than 28 days as may be specified in the notice, to furnish information in his possession with respect to the transaction or any of the transactions, being information as to matters, specified in the notice, which are relevant to the question whether he has incurred any such liability to tax.
### Other provisions
#### Sale by individual of income derived from his personal activities
##### 775
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions in land: taxation of capital gains
##### 776
- (1) This section is enacted to prevent the avoidance of tax by companies concerned with land or the development of land.
- (2) This section applies wherever—
- (a) land, or any property deriving its value from land, is acquired with the sole or main object of realising a gain from disposing of the land; or
- (b) land is held as trading stock; or
- (c) land is developed with the sole or main object of realising a gain from disposing of the land when developed;
and any gain of a capital nature is obtained from the disposal of the land—
- (i) by the person acquiring, holding or developing the land, or by any connected person, or
- (ii) where any arrangement or scheme is effected as respects the land which enables a gain to be realised by any indirect method, or by any series of transactions, by any person who is a party to, or concerned in, the arrangement or scheme;
and this subsection applies whether any such person obtains the gain for himself or for any other person.
- (3) Where this section applies, then, subject to the following provisions of this section, the company by which any such gain is realised shall be chargeable to corporation tax, for the accounting period in which the gain is realised, on the whole of the gain.
- (3A) The charge under subsection (3) has effect as an application of the charge to corporation tax on income.
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) For the purposes of this section—
- (a) land is disposed of if, by any one or more transactions, or by any arrangement or scheme, whether concerning the land or property deriving its value from the land, the property in the land, or control over the land, is effectually disposed of; and
- (b) references in subsection (2) above to the acquisition or development of property with the sole or main object of realising the gain from disposing of the land shall be construed accordingly.
- (5) For those purposes—
- (a) where, whether by a premature sale or otherwise, a person directly or indirectly transmits the opportunity of making a gain to another person, that other person’s gain is obtained for him by the first-mentioned person; and
- (b) any number of transactions may be regarded as constituting a single arrangement or scheme if a common purpose can be discerned in them, or if there is other sufficient evidence of a common purpose.
- (6) For the purposes of this section, such method of computing a gain shall be adopted as is just and reasonable in the circumstances, taking into account the value of what is obtained for disposing of the land, and allowing only such expenses as are attributable to the land disposed of; and in applying this subsection—
- (a) where a freehold is acquired and the reversion is retained on disposal, account may be taken of the way in which the profits under . . . Part 3 of CTA 2009 of a company dealing in land are computed in such a case; or
- (b) account may be taken of the adjustments to be made in computing such profits under . . . section 136 of CTA 2009.
- In the application of this subsection to Scotland, “*freehold*” means the interest of the owner, and “*reversion*” means the interest of the landlord in property subject to a lease.
- (7) Subsection (2)(c) above shall not apply to so much of any gain as is fairly attributable to the period, if any, before the intention to develop the land was formed, and which would not fall under paragraph (a) or (b) of that subsection; and in applying this subsection account shall be taken of the treatment under . . . Part 3 of CTA 2009 of a company which appropriates land as trading stock.
- (8) If all or any part of the gain accruing to any person is derived from value, or an opportunity of realising a gain, provided directly or indirectly by another person which is a company, whether or not put at the disposal of the first-mentioned person, subsection (3) above shall apply to the gain, or that part of it, with the substitution of that company for the person by whom the gain was realised.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Where—
- (a) there is a disposal of shares in—
- (i) a company which holds land as trading stock; or
- (ii) a company which owns directly or indirectly 90 per cent. or more of the ordinary share capital of another company which holds land as trading stock; and
- (b) all the land so held is disposed of—
- (i) in the normal course of its trade by the company which held it, and
- (ii) so as to procure that all opportunity of profit in respect of the land arises to that company,
then this section shall not by virtue of subsection (2)(i) above apply to any gain to the holder of shares as being a gain on property deriving value from that land (but without prejudice to any liability under subsection (2)(ii) above).
- (11) Where a companywhich considers that paragraph (a) or (c) of subsection (2) above may apply as respects a gain of a capital nature which that company has obtained from the disposal of land, or which it would obtain from a proposed disposal of land, supplies to the inspector to whom it makes its return of income written particulars showing how the gain has arisen or would arise—
- (a) the inspector shall, within 30 days from his receipt of the particulars, notify that company whether or not he is satisfied that, in the circumstances as described in the particulars, the gain will not, or would not, be chargeable to tax on that company under this section; and
- (b) if the inspector notifies that company that he is so satisfied, the gain shall not be chargeable on that company under this section.
- (12) If the particulars given under this section with respect to the gain are not such as to make full and accurate disclosure of all facts and considerations relating thereto which are material to be known to the inspector, any notification given by the inspector under subsection (11) above shall be void.
- (13) In this section—
- (a) references to the land include references to all or any part of the land, and “*land*” includes buildings, and any estate or interest in land or buildings;
- (b) references to property deriving its value from land include—
- (i) any shareholding in a company, or any partnership interest, or any interest in settled property, deriving its value directly or indirectly from land, and
- (ii) any option, consent or embargo affecting the disposition of land;
and for the purposes of this section any question whether a person is connected with another shall be determined in accordance with section 839.
- (14) This section shall apply to all persons, whether resident in the United Kingdom or not, if all or any part of the land in question is situated in the United Kingdom.
#### Provisions supplementary to sections 775 and 776
##### 777
- (1) This section has effect to supplement section 776.
- (2) In applying section 776 and this section account shall be taken of any method, however indirect, by which—
- (a) any property or right is transferred or transmitted; or
- (b) the value of any property or right is enhanced or diminished;
and accordingly the occasion of the transfer or transmission of any property or right, however indirect, and the occasion when the value of any property or right is enhanced, may be an occasion when, under section 776, tax becomes chargeable.
- (3) Subsection (2) above applies in particular—
- (a) to sales, contracts and other transactions made otherwise than for full consideration or for more than full consideration; and
- (b) to any method by which any property or right, or the control of any property or right, is transferred or transmitted by assigning share capital or other rights in a company or any partnership or interest in settled property; and
- (c) to the creation of any option or consent or embargo affecting the disposition of any property or right, and to the consideration given for the option, or for the giving of the consent or the release of the embargo; and
- (d) to the disposal of any property or right on the winding up, dissolution or termination of any company, partnership or trust.
- (4) In ascertaining for the purposes of section 776 and this section the intentions of any person, the objects and powers of any company, partners or trustees, as set out in any memorandum, articles of association or other document, shall not be conclusive.
- (5) In order to ascertain whether and to what extent the value of any property or right is derived from any other property or right, value may be traced through any number of companies, partnerships and trusts, and the property held by any company, partnership or trust shall be attributed to the shareholders, partners or beneficiaries at each stage in such manner as is appropriate in the circumstances.
- (6) In applying section 776 and this section—
- (a) any expenditure or receipt or consideration or other amount may be apportioned by such method as is just and reasonable in the circumstances;
- (b) all such valuations shall be made as are appropriate to give effect to section 776.
- (7) For the purposes of section 776 and this section partners, or the trustees of settled property, or personal representatives, may be regarded as persons distinct from the individuals or other persons who are for the time being partners or trustees or personal representatives.
- (8) Where a company is assessed to corporation tax under section 776 in respect of consideration receivable by another person—
- (a) it shall be entitled to recover from that other person any part of that tax which it has paid; and
- (b) if any part of that tax remains unpaid at the expiration of six months from the date when it became due and payable, it shall be recoverable from that other person as though he were the company assessed, but without prejudice to the right to recover it from the company actually assessed;
and for the purposes of paragraph (a) above the Board or an inspector shall on request furnish a certificate specifying the amount of income in respect of which tax has been paid, and the amount of tax so paid; and the certificate shall be conclusive evidence of any facts stated in it.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Section 776 has effect subject to Chapter 5 of Part 5 of ITTOIA 2005 (settlements: amounts treated as income of settlor) and to any other provision of the Tax Acts deeming income to belong to a particular person.
- (11) Where under section 776(2)(c) any company is charged to tax on the realisation of a gain, and the computation of the gain proceeded on the footing that the land or some other property was appropriated at any time as trading stock, that land or other property shall be treated on that footing also for the purposes of section 161 of the 1992 Act (property becoming or ceasing to be stock in trade).
- (12) Where under section 776(8) the company charged to corporation tax is not the person (“P”) by whom the gain was realised and the tax has been paid, then for the purposes of sections 37 and 39 of the 1992 Act (profits taxable as income excluded from tax on chargeable gains) P shall be regarded as having been charged to that tax.
- (13) For the purposes of section 776 of this Act and Chapter 3 of Part 13 of ITA 2007 and this section—
- “*capital*”, in relation to a gain, means that, apart from section 776, the gain does not fall to be included in any calculation of income for purposes of the Tax Acts;
- “*company*” includes any body corporate; and
- “*share*” includes stock;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information
##### 778
- (1) The Board or an inspector may by notice require any person to furnish them within such time as the Board or the inspector may direct (not being less than 30 days) with such particulars as the Board or the inspector think necessary for the purposes of section 776.
- (2) The particulars which a person must furnish under this section, if he is required by a notice from the Board or the inspector so to do, include particulars—
- (a) as to transactions or arrangements with respect to which he is or was acting on behalf of others;
- (b) as to transactions or arrangements which in the opinion of the Board or the inspector should properly be investigated for the purposes of section 776 notwithstanding that, in the opinion of the person to whom the notice is given, no liability to tax arises under that section; and
- (c) as to whether the person to whom the notice is given has taken or is taking any, and if so what, part in any, and if so what, transactions or arrangements of a description specified in the notice.
- (3) Notwithstanding anything in subsection (2) above, a solicitor—
- (a) shall not be deemed for the purposes of paragraph (c) of that subsection to have taken part in any transaction or arrangement by reason only that he has given professional advice to a client in connection with the transaction or arrangement, and
- (b) shall not, in relation to anything done by him on behalf of a client, be compellable under this section, except with the consent of his client, to do more than state that he is or was acting on behalf of a client, and give the name and address of his client.
#### Sale and lease-back: limitation on tax reliefs
##### 779
- (1) If land or any estate or interest in land is transferred from one person to another and—
- (a) as a result of a lease of the land or any part of the land granted at that time or subsequently by the transferee to the transferor, or
- (b) as a result of any other transaction or series of transactions affecting the land or any estate or interest in the land,
the transferor, or any person who is associated with the transferor, becomes liable at the time of the transfer or subsequently to pay any rent under a lease of the land or any part of the land, this section shall apply to all rent due under the lease from the transferor, or from any person who is associated with the transferor.
- (2) If—
- (a) land or any estate or interest in land is transferred from one person to another, and
- (b) as a result of any transaction or series of transactions affecting the land or any estate or interest in the land, the transferor, or any person who is associated with the transferor, becomes liable at the time of the transfer or subsequently to make any payment (other than rent under a lease) for which any relevant tax relief is available, being a payment by way of rentcharge on the land or any part of the land or a payment in any other way connected with the land,
then this section shall apply to all such payments under the rentcharge or other transaction due from the transferor, or from any person who is associated with the transferor.
- (3) The references in subsections (1) and (2) above to the transfer of an estate or interest in land include references to—
- (a) the granting of a lease or any other transaction involving the creation of a new estate or interest in the land;
- (b) the transfer of the lessee’s interest under a lease by surrender or forfeiture of the lease; and
- (c) any transaction or series of transactions affecting land or an estate or interest in land, such that some person is the owner, or one of the owners, before and after the carrying out of the transaction or transactions, but another person becomes or ceases to become one of the owners;
and in relation to any such transaction or series of transactions any person who is an owner before the carrying out of the transaction or transactions, and is not the sole owner thereafter, shall be regarded for the purposes of this section as a transferor.
- (4) A deduction by way of any relevant tax relief, being a deduction in respect of rent or of any other payment to which this section applies, shall not exceed the commercial rent for the period for which the rent or other payment is made of the land in respect of which that payment is made.
- (5) If—
- (a) under subsection (4) above part of a payment which would otherwise be allowable as a deduction by way of any relevant tax relief is not so allowable, and
- (b) one or more subsequent payments are made by the transferor, or a person who is associated with the transferor, under the lease or other transaction,
that part of the first-mentioned payment may be carried forward and treated for the purposes of any such deduction by way of tax relief as if it were made at the time when the next of those subsequent payments was made, and so made for the period for which that subsequent payment was made.
- (6) For the purposes of subsection (4) above—
- (a) if more than one payment is made for the same period the payments shall be taken together;
- (b) if payments are made for periods which overlap, the payments shall be apportioned, and the apportioned payments which belong to the common part of the overlapping periods shall be taken together;
- (c) the preceding references to payments include references to parts of payments which under subsection (5) above are treated as if made at a time subsequent to that at which they were made, and to the extent that a part of a payment so carried forward under that subsection is not so allowable as a deduction by way of tax relief, it may again be carried forward under that subsection;
- (d) so much of any payment as is in respect of services or the use of assets or rates usually borne by the tenant shall be excluded, and in determining the amount to be so excluded provisions in any lease or agreement fixing the payments or parts of payments which are in respect of services or the use of assets may be overridden.
- (7) A payment made for a period all of which falls more than one year after the payment is made shall be treated for the purposes of this section as made for that period of one year beginning with the date on which the payment was made, and a payment for a period part of which falls after the end of that year shall be treated for those purposes as if a corresponding part of the payment was made for that year (and no part for any later period).
- (8) For the purposes of making a comparison under subsection (4) above between a payment consisting of rent under a lease (“the actual lease”), or such payments taken together, and the commercial rent of the land, “*commercial rent*” shall mean the rent which might be expected to be paid under a lease of the land negotiated in the open market at the time when the actual lease was created, being a lease which is of the same duration as the actual lease, which is, as respects liability for maintenance and repairs, subject to the terms and conditions of the actual lease and which provides for rent payable at uniform intervals and—
- (a) at a uniform rate, or
- (b) if the rent payable under the actual lease is rent at a progressive rate (and such that the amount of rent payable for any year is never less than the amount payable for any previous year), a rent which progresses by gradations proportionate to those provided by the actual lease.
- (9) For the purpose of making a comparison under subsection (4) above between a payment which does not consist of rent under a lease (or such a payment taken together with other payments) and the commercial rent of the land, “*commercial rent*” shall mean the rent which might be expected to be paid under a tenant’s repairing lease negotiated in the open market at the time when the transaction was effected under which the payment or payments became due, being—
- (a) where the period over which payments are to be made under that transaction is not less than 200 years, or the obligation to make such payments is perpetual, a lease for 200 years; and
- (b) where that period is less than 200 years, a lease which is of the same duration as that period.
- (10) In this section references to rent under a lease include references to expenses which the tenant under the lease is treated as incurring in respect of the land subject to the lease under—
- (a) sections 61 to 67 or 292 to 297 of ITTOIA 2005, or
- (b) sections 63 to 67 or 232 to 234 of CTA 2009,
and such expenses are treated for the purposes of this section as having been paid as soon as they have been incurred.
- (11) For the purposes of this section the following persons shall be deemed to be associated with one another, that is—
- (a) the transferor in any such transaction as is described in subsection (1) or (2) above, and the transferor in another such transaction, if those two persons are acting in concert, or if the two transactions are in any way reciprocal, and any person who is an associate of either of those associated transferors;
- (b) any two or more bodies corporate participating in, or incorporated for the purposes of, a scheme for the reconstruction of any body or bodies corporate or for the amalgamation of any two or more bodies corporate;
- (c) any persons who are associates as defined in section 783(10).
- (12) In this section—
- “*asset*” means any description of property or rights other than land or an interest in land;
- “*lease*” includes an underlease, sublease or any tenancy or licence, and any agreement for a lease, underlease, sublease or tenancy or licence and, in the case of land outside the United Kingdom, any interest corresponding to a lease as so defined; and in relation to such land, expressions in this section relating to interests in land and their disposition shall be construed accordingly;
- “*rent*” includes any payment made under a lease; and
- “*tenant’s repairing lease*” means a lease where the lessee is under an obligation to maintain and repair the whole, or substantially the whole, of the premises comprised in the lease.
- (13) For the purposes of this section the following are deductions by way of relevant tax relief, that is to say—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (aa) a deduction in calculating the profits of a UK property business;
- (b) a deduction in computing profits or losses of a trade, profession or vocation for the purposes of tax;
- (c) a deduction in computing profits or gains chargeable to corporation tax under or by virtue of any provision to which section 834A (miscellaneous charges) applies, or in computing any loss for which relief is allowable under section . . . 396;
- (ca) a deduction in computing profits or other income or gains chargeable to income tax under or by virtue of any provision to which section 1016 of ITA 2007 applies, or in computing any loss for which relief is allowable under section 152 of ITA 2007;
- (d) a deduction under section . . . 76;
- (da) a deduction under section 1219 of CTA 2009 (expenses of management of a company's investment business);
- (e) a deduction from earnings allowed under section 336 of ITEPA 2003 (expenses) or allowable in computing losses in an employment for tax purposes;
- (f) a deduction allowable for tax purposes in computing profits or gains or losses arising from woodlands.
- (14) This section shall not apply if the transfer described in subsection (1) or (2) above was on or before 14th April 1964.
#### Sale and lease-back: taxation of consideration received
##### 780
- (1) If, in any case where a person (“the lessee”) who is a lessee of land under a lease having not more than 50 years to run (“the original lease”) is entitled in respect of the rent under the lease to a deduction by way of tax relief which is a relevant tax relief for the purposes of section 779—
- (a) the lessee assigns the original lease to another person, or surrenders it to his landlord, for a consideration which apart from this section would not be taxable otherwise than as capital in the hands of the lessee, and
- (b) there is granted or assigned to the lessee another lease (“the new lease”) of or including the whole or any part of the land which was the subject of the original lease for a term not exceeding 15 years;
then, subject to the following provisions of this section, the provisions of this Act providing for deductions or allowances by way of tax relief in respect of payments of rent shall apply in relation to the rent under the new lease, and for the purposes of the Tax Acts a proportion of the consideration received by the lessee shall be treated not as a capital receipt but in accordance with subsection (3) below.
- (2) For the purposes of this section—
- (a) if the aggregate of the rent payable under the new lease in respect of any rental period ending on a date falling before the 15th anniversary of the date on which the term of the new lease begins is greater than the aggregate of the rent payable under the new lease in respect of the period of equal duration beginning on the day following that date, then unless the term of the new lease would be treated as ending on an earlier date by virtue of paragraph (b) below, that term shall be treated as ending on that date;
- (b) if under the terms of the new lease—
- (i) the lessor of the lessee has power to determine the new lease at a time before the expiry of the term for which it was granted, or
- (ii) the lessee has power to vary his obligations under the new lease so as to reduce the rent which he would otherwise have to pay or in any other manner beneficial to him,
- (3) Subject to the following provisions of this section, the proportion of the consideration received by the lessee as mentioned in subsection (1) above, or of any instalment of that consideration, which for the purposes of the Tax Acts is to be treated not as a capital receipt but in accordance with this subsection shall be determined by the formula—
$$16-N15$where N is the term of the new lease expressed in years or, if that term is less than a year, where N is 1; and that proportion shall be treated for the purposes of the Tax Acts—$
- (a) as a receipt of a trade, profession or vocation, if the rent payable by the lessee under the new lease is allowable as a deduction in computing profits or losses of a trade, profession or vocation for the purposes of tax and if the consideration is received by the lessee in the course of that trade, profession or vocation; and
- (b) in any other case, as an amount chargeable to tax in accordance with subsection (3A).
- (3A) The amount shall be charged—
- (a) to income tax, or
- (b) to corporation tax under the charge to corporation tax on income.
- (3B) The income tax charged by virtue of subsection (3A)(a) above shall be charged on the full amount of the proportion of the consideration concerned arising in the year of assessment; and the person liable for any tax so charged is the lessee.
- (3C) An amount charged to income tax by virtue of subsection (3A)(a) above is treated for income tax purposes as an amount of income.
- (4) In any case where the property which is the subject of the new lease does not include the whole of the property which was the subject of the original lease, the consideration received by the lessee shall be treated for the purposes of subsection (3) above as reduced to that portion of the consideration which is reasonably attributable to such part of the property which was the subject of the original lease as consists of, or is included in, the property which is the subject of the new lease.
- (5) *Schedule* 2*shall have effect for the purposes of giving relief, on a claim being made in that behalf, from any increase in an individual’s liability to income tax which is attributable to any amount being treated, by virtue of subsection* (3)*above, as an income receipt for a single year of assessment rather than as a series of such receipts during the term of the new lease; and in the application of that Schedule by virtue of this subsection for the definitions of “chargeable sum” and “relevant period” there shall be substituted the following definitions*—
> - *“*chargeable sum*” means the amount in respect of which, by virtue of subsection* (3)*above, the claimant is chargeable to income tax for the year of assessment;*
> *“*relevant period*”, in relation to any chargeable sum, means the term of the new lease.*
- (6) Where by agreement with his landlord, the lessee varies the terms of the original lease in such a manner that, in return for such a consideration as is specified in subsection (1)(a) above, the lessee undertakes to pay, during a period ending not later than 15 years after the date on which the consideration, or if the consideration is paid in instalments, the last such instalment, is paid to the lessee, a rent greater than that payable under the original lease, he shall be treated for the purposes of this section—
- (a) as having surrendered the original lease for that consideration, and
- (b) as having been granted a new lease for a term not exceeding 15 years but otherwise on the terms of the original lease as so varied.
- (7) References in this section to the lessee (other than in subsection (1)(a) above) include references to a person who is a partner or associate of the lessee or an associate of a partner of the lessee; and for the purposes of this section the expression “*associate*” shall be construed in accordance with 783(10).
- (8) Subject to subsection (7) above, expressions used in this section have the meanings assigned to them by section 24, and in subsection (2)(a) above “*rental period*” means a period in respect of which a payment of rent falls to be made, and for the purposes of that subsection, in a case where the rental period is a quarter or a month, each such period shall be treated as of equal duration.
- (9) The preceding provisions of this section shall not apply if the lessee had, before 22nd June 1971, a right enforceable at law or in equity to the grant of the new lease, but in any case where, apart from this subsection, those provisions would apply, no part of the rent paid under the new lease shall be treated as a payment of capital, and the provisions of this Act providing for deductions or allowances by way of tax relief in respect of payments of rent shall apply accordingly.
#### Assets leased to traders and others
##### 781
- (1) Subject to section 782, where—
- (a) a deduction by way of tax relief which is one of the kinds listed in subsection (4) below is allowable in respect of a payment made under a lease of an asset of any description, and
- (b) before, at or after the time when the payment is made, either—
- (i) the person who made the payment has obtained or obtains a capital sum in respect of the lessee’s interest in the lease, or
- (ii) the lessor’s interest in the lease, or any other interest in the asset, has belonged to an associate of the person who made the payment, and that associate has obtained a capital sum in respect of that interest,
the person obtaining that sum shall be charged to tax . . . for the chargeable period in which the sum is obtained on an amount equal to the amount of the payment in respect of which tax relief is so allowed.
- (1A) An amount charged to income tax under subsection (1) above is treated for income tax purposes as an amount of income.
- (1B) So far as relating to corporation tax, the charge to tax under subsection (1) has effect as an application of the charge to corporation tax on income.
- (2) A person shall not be assessed to tax under subsection (1) above on any amount to the extent to which it exceeds the capital sum by reference to which he is so assessed.
- (3) Subsection (1) above shall not apply to payments under a lease created on or before 14th April 1964.
- (4) The kinds of deductions by way of tax relief to which subsection (1) above applies are as follows—
- (a) a deduction in computing profits or losses of a trade, profession or vocation for the purposes of tax;
- (ab) a deduction in computing profits or other income or gains chargeable to income tax under or by virtue of any provision to which section 1016 of ITA 2007 applies, or in computing any loss for which relief is allowable under section 152 of ITA 2007;
- (b) a deduction in computing profits or gains chargeable to corporation tax under or by virtue of any provision to which section 834A (miscellaneous charges) applies, or in computing any loss for which relief is allowable under section . . . 396;
- (c) a deduction under section . . . 76;
- (ca) a deduction under section 1219 of CTA 2009 (expenses of management of a company's investment business);
- (d) a deduction from earnings allowed under section 336 of ITEPA 2003 (expenses) or allowable in computing losses in an employment for tax purposes;
- (e) a deduction allowable for tax purposes in computing profits or gains or losses arising from woodlands.
- (5) Where—
- (a) the deduction by way of tax relief mentioned in subsection (1)(a) above is a deduction in computing, for income tax purposes, profits or gains or losses of a trade, profession or vocation, or arising from woodlands, and
- (b) any part of the payments made under the lease by the person obtaining the capital sum is a payment in respect of which a deduction is not allowed for the reason that the whole or any part of the period in which the payment would fall to be allowed is not a period on the profits of which income tax falls to be computed in respect of the trade, profession or vocation,
for the reference in subsection (2) above to the amount of the capital sum there shall be substituted a reference to that amount after deducting the amount of the payment in respect of which a deduction is not allowed for that reason.
- (6) So far as in respect of a capital sum any part of a payment allowed as a deduction by way of tax relief of a kind to which this section applies is taken into account in making an assessment under subsection (1) above, that part of the payment shall be left out of account in determining whether any and if so what amount should be assessed by reference to any other capital sum; and the order in which this subsection is applied shall be the order in which the capital sums are obtained.
- (7) There shall be made all such adjustments of tax, whether by way of making assessments or by repayment of tax, as are required after the making of any such payment as is described in subsection (1) above to give effect to the charge under that subsection in respect of a sum obtained before the making of the payment.
- (8) Notwithstanding anything in the Tax Acts limiting the time within which an assessment may be made or a claim for relief may be admitted any such adjustment may be made, by making an assessment or otherwise, at any time within the period specified in subsection (8A) below.
- (8A) The period mentioned in subsection (8) above is—
- (a) in the case of adjustments with respect to income tax, the period ending with the fifth anniversary of the 31st January next following the year of assessment in which the payment was made;
- (b) in the case of adjustments with respect to corporation tax, the period of six years beginning at the end of the accounting period in which the payment was made.
- (9) This section shall not apply if the capital sum obtained in respect of the lessee’s interest in a lease constituting a hire-purchase agreement for machinery or plant is a sum which is required to be brought into account as the whole or part of the disposal value of the machinery or plant under section 68 of the Capital Allowances Act.
#### Leased assets: special cases
##### 782
- (1) This section shall apply, and section 781 shall not apply, to payments—
- (a) which are allowable by way of deductions in computing the profits or losses of a trade, and
- (b) which are made under a lease of an asset which at any time before the creation of the lease was used for the purposes—
- (i) of that trade; or
- (ii) of another trade carried on by the person who at that time or later was carrying on the first-mentioned trade;
and when so used was owned by the person carrying on the trade in which it was being used.
- (1A) This section does not apply to a payment if or to the extent that, in the case of the lessee, it falls to be regarded in accordance with Chapter 6A of Part 2 of the Capital Allowances Act as a payment under a lease which is a long funding finance lease for the purposes of that Part.
- (2) Subject to the following provisions of this section, the deduction allowable in computing the profits or losses of the trade for the purposes of tax as respects any such payment shall not exceed the commercial rent of the asset for the period for which the payment was made.
- (3) If under subsection (2) above part of a payment which would otherwise be allowable as a deduction is not so allowable, and one or more subsequent payments are made by the same person under the same lease, that part of the first-mentioned payment may be carried forward and treated for the purposes of computing the profits or losses of the trade for the purposes of tax as if it were made at the time when the next of those subsequent payments was made, and so made for the period for which that subsequent payment was made.
- (4) For the purposes of subsection (2) above—
- (a) if more than one payment is made for the same period the payments shall be taken together;
- (b) if the payments are made for periods which overlap, the payments shall be apportioned, and the apportioned payments which belong to the common part of the overlapping periods shall be taken together;
- (c) the preceding references to payments include references to parts of payments which under subsection (3) above are treated as if made at a time subsequent to that at which they were made;
and to the extent that a part of a payment carried forward under subsection (3) above is not allowable as a deduction it may again be carried forward under that subsection.
- (5) A payment made for a period all of which falls more than one year after the payment is made shall be treated for the purposes of this section as made for that period of one year beginning with the date on which the payment is made, and a payment for a period part of which falls after the end of that year shall be treated for those purposes as if a corresponding part of the payment was made for that year (and no part for any later period).
- (6) For the purpose of making a comparison under subsection (2) above between a payment, or payments taken together, and the commercial rent of the asset, “*commercial rent*” shall mean the rent which might at the relevant time be expected to be paid under a lease of the asset for the remainder of the anticipated normal working life of the asset, being a rent payable at uniform intervals and at a uniform rate which would afford a reasonable return for its market value at the relevant time, having regard to the terms and conditions of the lease; and in this subsection—
- “*anticipated normal working life*” means, in the case of any asset, the period which might be expected, when the asset is first put into use, to be going to elapse before it is finally put out of use as being unfit for further use, it being assumed that the asset is going to be used in the normal manner and to the normal extent, and is going to be so used throughout that period; and
- “*the relevant time*” means the time when the lease was created under which the payment was made with which the commercial rent is to be compared.
- (7) If the asset is used at the same time partly for the purposes of the trade and partly for other purposes the commercial rent as defined in subsection (6) above shall be determined by reference to what would be paid for such a partial use of the asset.
- (8) This section shall not apply in relation to payments made under a lease created on or before 14th April 1964.
- (9) In this section references to the person carrying on a trade are references to the person carrying on the trade for the time being . . . .
- (10) In this section references to a trade include references to a profession or vocation.
#### Leased assets: supplemental
##### 783
- (1) References in section 781 to a sum obtained in respect of the lessee’s interest in a lease of an asset, or in respect of any other interest in an asset include—
- (a) in the case of a lessee’s interest, references to sums representing the consideration in money or money’s worth obtained on a surrender of the rights to the lessor, or on an assignment of the lease, or on creating a sublease or any other interest out of the lease; and
- (b) references to any insurance moneys payable in respect of the asset, so far as payable to the owner of the interest in the asset.
- (2) Such references also include references to sums representing money or money’s worth obtained by the person entitled to the interest by a transaction or series of transactions disposing of the asset, or of an interest in the asset, and in particular transactions which comprise arrangements under which the rights of the lessee under a lease of the asset are merged in any way with the rights of the lessor, or with any other rights as respects the asset, so far as the money or money’s worth so obtained is attributable to the rights of the lessee under the lease.
- (3) References in section 781 to sums obtained in respect of any interest in an asset include references to money or money’s worth so obtained in any transaction (including a transaction of the kind described in subsection (1) or (2) above) by way of consideration received by a person who is an associate of the person entitled to the interest in the asset.
- (4) If an interest in the asset is disposed of by any person to a person who is his associate, the person disposing of the interest shall (unless in fact he obtains a greater sum) be treated for the purposes of section 781 as having obtained in respect of the interest—
- (a) the value of the interest in the open market; or
- (b) the value of the interest to the person to whom it is, in effect, transferred;
whichever is the greater.
- (5) For the purposes of subsections (3) and (4) above a disposition may be direct or indirect and may be effected by any such transaction as is described in subsection (2) above.
- (6) For the purposes of sections 781 and 784 and this section any sum obtained by any persons carrying on a trade, profession or vocation in partnership in respect of an interest in an asset which is and continues to be used for the purposes of the trade, profession or vocation shall be regarded as apportionable between them in the shares in which they are then entitled to the profits of the trade, profession or vocation.
- (7) Subject to subsection (6) above, for those purposes a sum obtained by persons jointly entitled to an interest in an asset shall be apportionable according to their respective interests in the rights.
- (8) For those purposes, any payment in respect of which a deduction is allowable by way of tax relief which is made by persons carrying on a trade, profession or vocation in partnership shall be apportioned in such manner as may be just.
- (9) Where under this section any sum or payment falls to be apportioned and, at the time of the apportionment, it appears that it is material as respects the liability to tax (for whatever period) of two or more persons, any question which arises as to the manner in which the sum or payment is to be apportioned shall be determined, for the purposes of tax of all those persons in like manner as an appeal, and all those persons shall be entitled to be a party to those proceedings.
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) For the purposes of this section and in construing the expressions “*associate*” and “*associated*” in section 781 and this section, the following persons shall be deemed to be associated with each other, that is to say—
- (a) any individual and that individual’s spouse or civil partner, and any relative, or spouse or civil partner of a relative, of that individual or that individual’s spouse or civil partner (“*relative*” meaning, for this purpose, brother, sister, ancestor or lineal descendant);
- (b) any person in his capacity of trustee of a settlement and any individual who in relation to the settlement is a settlor, and any person associated with that individual (“*settlement*” and “*settlor*” having, for this purpose, the meanings given by section 620 of ITTOIA 2005);
- (c) any person and a body of persons of which that person, or persons associated with him, or that person and persons associated with him, has or have control;
- (d) any two or more bodies of persons associated with the same person by virtue of paragraph (c) above;
- (e) in relation to a disposal by joint owners, the joint owners and any person associated with any of them.
- (11) In subsection (10) above “*body of persons*” includes a partnership and “*control*” has the meaning given by section 840.
#### Leased assets subject to hire-purchase agreements
##### 784
- (1) In the application of section 781 to a lease which constitutes a hire-purchase agreement, for the reference in subsection (2) of that section to the amount of the capital sum there shall, where that capital sum was obtained in respect of the lessee’s interest in the lease constituting the hire-purchase agreement, be substituted references to the amount of the capital sum (adjusted, if necessary, under subsection (5) of that section) after deducting any capital expenditure which was incurred by the person obtaining the capital sum in providing the lessee’s interest.
- (2) In subsection (1) above “*capital expenditure which was incurred by the person obtaining the capital sum in providing the lessee’s interest*” means—
- (a) so much of any payment made under the lease by the person obtaining the capital sum (or, where the capital sum was obtained by the personal representatives of a deceased person, so made by that deceased person) as is not a payment in respect of which a deduction is allowable by way of tax relief which is one of the kinds listed in subsection (4) of section 781, plus
- (b) where the lessee’s interest was assigned to the person obtaining the capital sum, any capital payment made by that person as consideration for the assignment.
- (3) If the amount to be deducted in pursuance of subsection (1) above exceeds the amount of the capital sum from which it is to be deducted, no charge shall arise under section 781(1) in respect of the capital sum.
- (4) If the capital sum represents the consideration for part only of the lessee’s interest in the lease which constitutes a hire-purchase agreement, the amount to be deducted under subsection (1) above shall be such proportion of the capital expenditure which is still unallowed as is reasonable having regard to the degree to which the capital expenditure has contributed to the value of what is disposed of in return for the capital sum.
- (5) If more than one capital sum is, or is to be regarded as, obtained by the same person in respect of the lessee’s interest in the lease which constitutes a hire-purchase agreement, then, so far as in respect of one of those capital sums any deduction is made in respect of capital expenditure in pursuance of subsection (1) above that capital expenditure shall be left out of account in applying subsections (1) and (3) above to any other such capital sum; and the order in which this subsection is applied shall be the order in which the capital sums are obtained.
- (6) In this section—
- “*hire-purchase agreement*” means an agreement, other than a conditional sale agreement, under which—
- (a) goods are bailed or, in Scotland, hired in return for periodical payments by the person to whom they are bailed or hired, and
- (b) the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—
- (i) the exercise of an option to purchase by that person;
- (ii) the doing of any other specified act by any party to the agreement;
- (iii) the happening of any other specified event; and
#### Meaning of “asset”, “capital sum” and “lease” for purposes of sections 781 to 784
##### 785
- In sections 781 to 784—“*asset*” means any description of property or rights other than land or an interest in land;“*capital sum*” means any sum of money, or any money’s worth, except so far as it or any part of it is to be treated for the purposes of tax as a receipt to be taken into account in computing the profits or losses of a trade, profession or vocation, or profits or gains or losses arising from woodlands, or is, apart from section 781, chargeable to income tax under or by virtue of any provision to which section 1016 of ITA 2007 applies or to corporation taxunder or by virtue of any provision to which section 834A (miscellaneous charges) applies; and“*lease*”, in relation to an asset, means any kind of agreement or arrangement under which payments are made for the use of, or otherwise in respect of, an asset, and includes, in particular, any agreement or arrangement all or any of the payments under which represent instalments of, or payments towards, a purchase price.
#### Transactions associated with loans or credit
##### 786
- (1) This section applies as respects any transaction effected with reference to the lending of money or the giving of credit, or the varying of the terms on which money is lent or credit is given, or which is effected with a view to enabling or facilitating any such arrangement concerning the lending of money or the giving of credit.
- (2) Subsection (1) above has effect whether the transaction is effected between the lender or creditor and the borrower or debtor, or between either of them and a person connected with the other or between a person connected with one and a person connected with the other.
- (3) If the transaction provides for the payment of any relevant annual payment, the payment shall be treated for all the purposes of the Tax Acts as if it were a payment of annual interest.
- (3A) In subsection (3) “*relevant annual payment*” means a payment which is not interest but is—
- (a) an annuity or other annual payment falling within Part 5 of ITTOIA 2005 and chargeable to income tax otherwise than as relevant foreign income; or
- (b) an annuity or other annual payment which is from a source in the United Kingdom and chargeable to corporation tax under Chapter 5 of Part 10 of CTA 2009 (distributions from unauthorised unit trusts) or Chapter 7 of that Part (annual payments not otherwise charged).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) If under the transaction a person assigns, surrenders or otherwise agrees to waive or forego income arising from any property (without a sale or transfer of the property) then, without prejudice to the liability of any other person, he shall be chargeable—
- (a) to income tax, or
- (b) to corporation tax under the charge to corporation tax on income,
on a sum equal to the amount of income assigned, surrendered, waived or foregone.
- (5ZA) But subsection (5) above does not apply if the person mentioned in that subsection is, as a result of section 774B or 774D (structured finance arrangements), chargeable to tax on the amount of income assigned, surrendered, waived or forgone.
- (5A) Income tax charged by virtue of subsection (5)(a) above shall be charged on the full amount of the income assigned, surrendered, waived or forgone in the year of assessment.
- (6) If credit is given for the purchase price of any property, and the rights attaching to the property are such that, during the subsistence of the debt, the purchaser’s rights to income from the property are suspended or restricted, he shall be treated for the purposes of subsection (5) above as if he had surrendered a right to income of an amount equivalent to the income which he has in effect foregone by obtaining the credit.
- (7) The amount of any income payable subject to deduction of income tax shall be taken for the purposes of subsection (5) above as the amount before deduction of tax.
- (8) References in this section to connected persons shall be construed in accordance with section 839.
#### Restriction of relief for payments of interest
##### 787
- (1) Relief shall not be given to any person under any provision of the Income Tax Acts in respect of any payment of interest if a scheme has been effected or arrangements have been made (whether before or after the time when the payment is made) such that the sole or main benefit that might be expected to accrue to that person from the transaction under which the interest is paid was the obtaining of a reduction in tax liability by means of any such relief.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this section “*relief*” means relief by way of deduction in computing profits or gains or deduction or set off against income . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XVIII — DOUBLE TAXATION RELIEF
### CHAPTER I — THE PRINCIPAL RELIEFS
#### Relief by agreement with other countries
##### 788
- (1) If Her Majesty by Order in Council declares that arrangements specified in the Order have been made in relation to any territory outside the United Kingdom with a view to affording relief from double taxation in relation to—
- (a) income tax,
- (b) corporation tax in respect of income or chargeable gains, and
- (c) any taxes of a similar character to those taxes imposed by the laws of that territory,
and that it is expedient that those arrangements should have effect, then those arrangements shall have effect in accordance with subsection (3) below.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to the provisions of this Part, the arrangements shall, notwithstanding anything in any enactment, have effect in relation to income tax and corporation tax in so far as they provide—
- (a) for relief from income tax, or from corporation tax in respect of income or chargeable gains; or
- (b) for charging the income arising from sources, or chargeable gains accruing on the disposal of assets, in the United Kingdom to persons not resident in the United Kingdom; or
- (c) for determining the income or chargeable gains to be attributed—
- (i) to persons not resident in the United Kingdom and their agencies, branches or establishments in the United Kingdom; or
- (ii) to persons resident in the United Kingdom who have special relationships with persons not so resident; or
- (d) for conferring on persons not resident in the United Kingdom the right to a tax credit under section 397(1) of ITTOIA 2005 in respect of qualifying distributions made to them by companies which are so resident.
- (4) The provisions of Chapter II of this Part shall apply where arrangements which have effect by virtue of this section provide that tax payable under the laws of the territory concerned shall be allowed as a credit against tax payable in the United Kingdom.
- (5) For the purposes of this section and, subject to section 795(3), Chapter II of this Part in its application to relief under this section, any amount of tax which would have been payable under the law of a territory outside the United Kingdom but for a relief to which this subsection applies given under the law of that territory shall be treated as having been payable; and references in this section and that Chapter to double taxation, to tax payable or chargeable, or to tax not chargeable directly or by deduction shall be construed accordingly.
- (6) Except in the case of a claim for an allowance by way of credit in accordance with Chapter II of this Part, a claim for relief under subsection (3)(a) above shall be made to the Board.
- (7) Where—
- (a) under any arrangements which have effect by virtue of this section, relief may be given, either in the United Kingdom or in the territory in relation to which the arrangements are made, in respect of any income or chargeable gains, and
- (b) it appears that the assessment to income tax or corporation tax made in respect of the income or chargeable gains is not made in respect of the full amount thereof, or is incorrect having regard to the credit, if any, which falls to be given under the arrangements,
any such assessments may be made as are necessary to ensure that the total amount of the income or chargeable gains is assessed, and the proper credit, if any, is given in respect thereof, and, where the income is, or the chargeable gains are, entrusted to any person in the United Kingdom for payment, any such assessment may be made on the recipient of the income or gains . . . .
- (8) Any arrangements to which effect is given under this section may include provision for relief from tax for periods before the passing of this Act, or before the making of the arrangements, and provisions as to income or chargeable gains which is or are not subject to double taxation, and the preceding provisions of this section shall have effect accordingly.
- (9) Any Order in Council made under this section revoking an earlier such Order in Council may contain such transitional provisions as appear to Her Majesty to be necessary or expedient.
- (10) An Order under this section is not to be submitted to Her Majesty in Council unless a draft of the Order has been laid before and approved by a resolution of the House of Commons.
#### Arrangements made under old law
##### 789
- (1) Notwithstanding section 793(2), any arrangements made in relation to the profits tax under section 347 of the Income Tax Act 1952 or any earlier enactment corresponding to that section shall, except in so far as arrangements made after the passing of the Finance Act 1965 provide otherwise, have effect in relation to corporation tax and income and gains chargeable to corporation tax as they are expressed to have effect in relation to the profits tax and profits chargeable to the profits tax, with the substitution of accounting periods for chargeable accounting periods (and not as they had effect in relation to income tax).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Any reference in the Tax Acts (including this Part) to arrangements under or by virtue of section 788 includes a reference to arrangements having effect by virtue of this section.
#### Unilateral relief
##### 790
- (1) To the extent appearing from the following provisions of this section, relief from income tax and corporation tax in respect of income and chargeable gains shall be given in respect of tax payable under the law of any territory outside the United Kingdom by allowing that tax as a credit against income tax or corporation tax, notwithstanding that there are not for the time being in force any arrangements under section 788 providing for such relief.
- (2) Relief under subsection (1) above is referred to in this Part as “*unilateral relief*”.
- (3) Unilateral relief shall be such relief as would fall to be given under Chapter II of this Part if arrangements in relation to the territory in question containing the provisions specified in subsections (4) to (10C) below were in force by virtue of section 788, but subject to any particular provision made with respect to unilateral relief in that Chapter; and any expression in that Chapter which imports a reference to relief under arrangements for the time being having effect by virtue of that section shall be deemed to import also a reference to unilateral relief.
- (4) Credit for tax paid under the law of the territory outside the United Kingdom and computed by reference to income arising or any chargeable gain accruing in that territory shall be allowed against any United Kingdom income tax or corporation tax computed by reference to that income or gain (profits from, or remuneration for, personal or professional services performed in that territory being deemed for this purpose to be income arising in that territory).
- (5) Subsection (4) above shall have effect subject to the following modifications, that is to say—
- (a) where the territory is the Isle of Man or any of the Channel Islands, the limitation to income or gains arising in the territory shall not apply;
- (b) where arrangements in relation to the territory are for the time being in force by virtue of section 788, credit for tax paid under the law of the territory shall not be allowed by virtue of subsection (4) above in the case of any income or gains if any credit for that tax is allowable under those arrangements in respect of that income or those gains; and
- (c) credit shall not be allowed by virtue of subsection (4) above for overseas tax on a dividend paid by a company resident in the territory unless—
- (i) the overseas tax is directly charged on the dividend, whether by charge to tax, deduction of tax at source or otherwise, and the whole of it represents tax which neither the company nor the recipient would have borne if the dividend had not been paid; or
- (ii) the dividend is paid to a company within subsection (6) below; or
- (iii) the dividend is paid to a company to which section 802(1) applies and is a dividend of the kind described in that subsection.
- (6) Where a dividend paid by a company resident in the territory is paid to a company falling within subsection (6A) below which either directly or indirectly controls, or is a subsidiary of a company which directly or indirectly controls—
- (a) not less than 10 per cent. of the voting power in the company paying the dividend; or
- (b) less than 10 per cent. of the voting power in the company paying the dividend if—
- (i) it has been reduced below that percentage on or after 1st April 1972; or
- (ii) it has been acquired on or after that date in exchange for voting power in another company in respect of which relief under this subsection by virtue of paragraph (a) above was due prior to the exchange;
and the company receiving the dividend shows that the conditions specified in subsection (7) below are satisfied;
any tax in respect of its profits paid under the law of the territory by the company paying the dividend shall be taken into account in considering whether any, and if so what, credit is to be allowed in respect of the dividend.
- (6A) A company falls within this subsection if—
- (a) it is resident in the United Kingdom; or
- (b) it is resident outside the United Kingdom but the dividend mentioned in subsection (6) above forms part of the profits of a permanent establishment of the company’s in the United Kingdom.
- (7) The conditions referred to in subsection (6)(b) above are as follows—
- (a) that the reduction below the 10 per cent. limit (and any further reduction) or, as the case may be, the exchange (and any reduction thereafter) could not have been prevented by any reasonable endeavours on the part of the company receiving the dividend and was due to a cause or causes not reasonably foreseeable by it when control of the relevant voting power was acquired; and
- (b) no reasonable endeavours on the part of that company could have restored or, as the case may be, increased the voting power to not less than 10 per cent.
- (8) In subsection (7) above references to the company receiving the dividend include references—
- (a) to any company of which it is a subsidiary within the meaning of section 792(2); and
- (b) where prior to the reduction or exchange the voting power in question was controlled otherwise than directly by the company receiving the dividend, to each other company relevant for determining whether that voting power was controlled as required by subsection (6)(a) above.
- (9) In subsection (7) above “*the relevant voting power*” means the voting power by virtue of which relief was due under subsection (6)(a) above prior to the reduction or exchange or, where control of the whole of that voting power was not acquired at the same time, that part of the voting power of which control was last acquired.
- (10) In any case in which relief in respect of a dividend is due by virtue of subsection (6)(b) above, there shall be taken into account, as if it were tax payable under the law of the territory in which the company paying the dividend is resident, any tax that would be so taken into account under section 801 if the company paying the dividend and the company receiving it were related to each other within the meaning of section 801(5).
- (10A) In any case where—
- (a) under the law of the territory outside the United Kingdom, an amount of tax (“*the spared tax*”) would, but for a relief, have been payable by a company resident in that territory (“*company A*”) in respect of any of its profits,
- (b) company A pays a dividend out of those profits to another company resident in that territory (“*company B*”),
- (c) company B, out of profits which consist of or include the whole or part of that dividend, pays a dividend to a company resident in the United Kingdom (“*company C*”), and
- (d) the circumstances are such that, had company B been resident in the United Kingdom, it would have been entitled, under arrangements made in relation to the territory outside the United Kingdom and having effect by virtue of section 788, to a relief to which subsection (5) of that section applies in respect of the spared tax,
subsection (10B) below shall apply.
- (10B) In any case falling within subsection (10A) above, the spared tax shall be taken into account for the purposes of—
- (a) the other provisions of this section, and
- (b) subject to section 795(3), Chapter II of this Part in its application to relief under this section in relation to the dividend paid to company C,
as if it had been payable and paid; and references in this section and that Chapter to double taxation, to tax payable or chargeable, or to tax not chargeable directly or by deduction shall be construed accordingly.
- (10C) Except as provided by subsection (10B) above, in relation to any dividend paid—
- (a) to a company resident in the United Kingdom,
- (b) by a company resident in the territory outside the United Kingdom,
credit by virtue of section 801 does not fall to be given by virtue of this section in respect of tax which would have been payable under the law of that or any other territory outside the United Kingdom but for a relief (notwithstanding any arrangements made in relation to that or any other territory outside the United Kingdom which have effect by virtue of section 788 and provide for a relief to which subsection (5) of that section applies).
- (11) Where—
- (a) unilateral relief may by given in respect of any income or chargeable gain, and
- (b) it appears that the assessment to income tax or corporation tax made in respect of the income or chargeable gain is not made in respect of the full amount thereof, or is incorrect having regard to the credit, if any, which falls to be given by way of unilateral relief,
any such assessments may be made as are necessary to ensure that the total amount of the income or chargeable gain is assessed, and the proper credit, if any, is given in respect thereof, and, where the income is, or the chargeable gain is, entrusted to any person in the United Kingdom for payment, any such assessment may be made on the recipient of the income or gain . . . .
- (12) In this section and in Chapter II of this Part in its application to unilateral relief, references to tax payable or paid under the law of a territory outside the United Kingdom include only references—
- (a) to taxes which are charged on income and which correspond to United Kingdom income tax, and
- (b) to taxes which are charged on income or chargeable gains and which correspond to United Kingdom corporation tax;
but for this purpose tax under the law of any such territory shall not be treated as not corresponding to income tax or corporation tax by reason only that it is payable under the law of a province, state or other part of a country, or is levied by or on behalf of a municipality or other local body.
#### Power to make regulations for carrying out section 788
##### 791
The Board may from time to time make regulations generally for carrying out the provisions of section 788 or any arrangements having effect thereunder, and may in particular by those regulations provide—
- (a) for securing that relief from taxation imposed by the laws of the territory to which any such arrangements relate does not enure for the benefit of persons not entitled to such relief; and
- (b) for authorising, in cases where tax deductible from any payment has, in order to comply with any such arrangements, not been deducted, and it is discovered that the arrangements did not apply to that payment, the recovery of the tax by assessment on the person entitled to the payment or by deduction from subsequent payments.
### CHAPTER II — RULES GOVERNING RELIEF BY WAY OF CREDIT
### General
#### Persons chargeable
##### 21
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#### Assessments
##### 22
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#### Collection from lessees and agents
##### 23
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#### Construction of Part II
##### 24
- (1) In this Part, except where the context otherwise requires—
- “*lease*” includes an agreement for a lease, and any tenancy, but does not include a mortgage or heritable security, and “*lessee*”, “*lessor*” and “*letting*” shall be construed accordingly;
- “*lessee*” and “*lessor*” include respectively the successors in title of a lessee or a lessor;
- “*premises*” includes any land; and
- “*premium*” includes any like sum, whether payable to the immediate or a superior landlord or to a person connected (within the meaning of section 839) with the immediate or a superior landlord.
- (2) For the purposes of this Part, any sum (other than rent) paid on or in connection with the granting of a tenancy shall be presumed to have been paid by way of premium except in so far as other sufficient consideration for the payment can be shown to have been given.
- (3) Where paragraph (c) of section 38(1) applies, the premium, or an appropriate part of the premium, payable for or in connection with either lease mentioned in that paragraph may be treated as having been required under the other.
- (4) References in this section to a sum shall be construed as including the value of any consideration, and references to a sum paid or payable or to the payment of a sum shall be construed accordingly.
- (5) In the application of this Part to Scotland—
- “*assignment*” means an assignation;
- “*intermediate landlord*” means, where an occupying lessee is a sub-lessee, any person for the time being holding the interest of landlord under a sub-lease which comprises the property of which the occupying lessee is sub-lessee, but does not include the immediate landlord;
- “*premium*” includes in particular a grassum payable to any landlord or intermediate landlord on the creation of a sub-lease; and
- “*reversion*” means the interest of the landlord in the property subject to the lease.
- (6) In Schedule A and in sections 25 to 31—
- (a) references to a lease extend only to a lease conferring a right, as against the person whose interest is subject to the lease, to the possession of the premises;
- (b) “*rent*” includes a payment by the tenant to defray the cost of work of maintenance of, or repairs to, the demised premises, not being work required by the lease to be carried out by the tenant; . . .
#### Interpretation of credit code
##### 792
- (1) In this Chapter, except where the context otherwise requires—
- “*arrangements*” means any arrangements having effect by virtue of section 788;
- “*foreign tax*” means, in relation to any territory, arrangements in relation to which have effect by virtue of section 788, any tax chargeable under the laws of that territory for which credit may be allowed under the arrangements (other than special withholding tax within the meaning of Chapter 7 of Part 3 of the Finance Act 2004);
- “*the United Kingdom taxes*” means income tax and corporation tax;
- “*underlying tax*” means, in relation to any dividend, tax which is not chargeable in respect of that dividend directly or by deduction; and
- “*unilateral relief*” means relief under section 790.
- (2) For the purposes of this Chapter one company is a subsidiary of another if the other company controls, directly or indirectly, not less than 50 per cent. of the voting power in the first company.
- (3) Any reference in this Chapter to foreign tax shall be construed in relation to credit to be allowed under any arrangements as a reference only to tax chargeable under the laws of the territory in relation to which the arrangements were made.
#### Reduction of United Kingdom taxes by amount of credit due
##### 793
- (1) Subject to the provisions of this Chapter, where under any arrangements credit is to be allowed against any of the United Kingdom taxes chargeable in respect of any income or chargeable gain, the amount of the United Kingdom taxes so chargeable shall be reduced by the amount of the credit.
- (2) Nothing in subsection (1) above authorises the allowance of credit against any United Kingdom tax against which credit is not allowable under the arrangements.
- (3) Credit against income tax is given effect at Step 6 of the calculation in section 23 of ITA 2007.
#### Requirement as to residence
##### 794
- (1) Subject to subsection (2) below, credit shall not be allowed under any arrangements against any of the United Kingdom taxes for any chargeable period unless the person in respect of whose income or chargeable gains the United Kingdom tax is chargeable is resident in the United Kingdom for that period.
- (2) Credit may be allowed by way of unilateral relief—
- (a) for tax paid under the law of the Isle of Man or any of the Channel Islands, if the person in question is, for the chargeable period in question, resident either in the United Kingdom or in the Isle of Man or any of the Channel Islands, as the case may be;
- (b) for tax paid under the law of any territory and computed by reference to income from an office or employment the duties of which are performed wholly or mainly in that territory, against income tax on employment income and computed by reference to that income, if the person in question is for the year of assessment in question resident either in the United Kingdom or that territory; and
- (bb) for tax paid under the law of any territory outside the United Kingdom in respect of the income or chargeable gains of a branch or agency in the United Kingdom of a person who is not resident in the United Kingdom, where the following conditions are fulfilled, namely—
- (i) that the territory under whose law the tax was paid is not one in which the person is liable to tax by reason of domicile, residence or place of management; and
- (ii) that the amount of relief claimed does not exceed (or is by the claim expressly limited to) that which would have been available if the branch or agency had been a person resident in the United Kingdom and the income or gains in question had been income or gains of that person.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Deductions and other allowances
#### Deductions from rent: general rules
##### 25
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#### Deductions from rent: land managed as one estate
##### 26
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#### Deductions from rent: maintenance funds for historic buildings
##### 27
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#### Deductions from receipts other than rent
##### 28
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#### Sporting rights
##### 29
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#### Expenditure on making sea walls
##### 30
- (1) Where in any year of assessment the owner or tenant of any premises incurs any expenditure in the making of any sea wall or other embankment necessary for the preservation or protection of the premises against the encroachment or overflowing of the sea or any tidal river, that person shall be treated for the purpose of computing the profits of any Schedule A business carried on in relation to those premises as making in that year of assessment and in each of the succeeding 20 years of assessment a payment in relation to the premises preserved or protected by the embankment of an amount equal to a twenty-first part of the expenditure and incurred in respect of dilapidation attributable to the year.
- (2) Where the whole of that person’s interest in the premises or any part thereof is transferred (whether by operation of law or otherwise) to some other person—
- (a) the amount of the payment which that person would be so treated as making for the year of assessment in which the transfer takes place shall be treated as being made partly by the transferor and partly by the transferee, as may be just; and
- (b) the transferee shall, to the exclusion of the transferor, be treated in any subsequent year—
- (i) where the interest transferred is in the whole of the premises, as having made the whole of the payment for that year, and
- (ii) where the interest transferred is in part only of the premises, as having made so much of the payment as is properly referable to that part of the premises.
- (2A) If—
- (a) the transferor is a company within the charge to corporation tax and the transferee is a person within the charge to income tax, or
- (b) the transferor is a person within the charge to income tax and the transferee is a company within the charge to corporation tax,
subsection (2) above shall apply only for the purpose of determining the amount of the payment which the company is treated as making in any year of assessment.
For any entitlement of the person within the charge to income tax to a deduction for any of the expenditure, see sections 316 and 318 of ITTOIA 2005 (corresponding income tax provision).
- (3) For the purposes of subsection (2) above, where an interest in any premises is a lease and that lease comes to an end, that interest shall be deemed to have been transferred—
- (a) if an incoming lessee makes any payment to the outgoing lessee in respect of the embankment in question, to the incoming lessee, and
- (b) in any other case, to the owner of the interest in immediate reversion on the lease and, in relation to Scotland, the expression “*the owner of the interest in immediate reversion on the lease*” shall be construed as a reference to the landlord.
- (4) In relation to a company, section 9(1) shall not have effect so as to require references in this section to a year of assessment to be read as references to an accounting period, but any deduction authorised by this section shall be apportioned between the accounting periods (if more than one) comprising the year of assessment, other than any such period ended before the expenditure is incurred, or transfer takes place, by virtue of which the company is entitled to the deduction.
- (5) This section shall not apply in relation to any expenditure in respect of which a capital allowance has been made.
#### Provisions supplementary to sections 25 to 30
##### 31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital allowances for machinery and plant used in estate management
##### 32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Agricultural land: allowance for excess expenditure on maintenance
##### 33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Premiums, leases at undervalue etc
#### Treatment of premiums etc. as rent or Schedule D profits
##### 34
- (1) Where the payment of any premium is required under a lease, or otherwise under the terms subject to which a lease is granted, and the duration of the lease does not exceed 50 years, the landlord shall be treated for corporation tax purposes as receiving when the lease is granted an amount by way of rent (in addition to any actual rent) equal to—
$$P-(PyY)50$where P is the premium and Y is the number of complete periods of 12 months (other than the first) comprised in the duration of the lease.$
- (2) Where the terms subject to which a lease is granted impose on the tenant an obligation to carry out any work on the premises, the lease shall be deemed for the purposes of this section to have required the payment of a premium to the landlord (in addition to any other premium) of an amount equal to the amount by which the value of the landlord’s estate or interest immediately after the commencement of the lease exceeds what its then value would have been if those terms did not impose that obligation on the tenant.
- (3) Subsection (2) above shall not apply in so far as the obligation requires the carrying out of work the payment for which would, if the landlord and not the tenant were obliged to carry it out, be deductible as an expense of any Schedule A business carried on by the landlord.
- (4) Where, under the terms subject to which a lease is granted, a sum becomes payable by the tenant in lieu of the whole or a part of the rent for any period, or as consideration for the surrender of the lease, the lease shall be deemed for the purposes of this section to have required the payment of a premium to the landlord (in addition to any other premium) of the amount of that sum; but—
- (a) in computing the profits of the Schedule A business of which the sum payable in lieu of rent is by virtue of this subsection to be treated as a receipt, the duration of the lease shall be treated as not including any period other than that in relation to which the sum is payable; and
- (b) notwithstanding anything in subsection (1) above, rent treated as arising by virtue of this subsection shall be deemed to be received when the sum in question becomes payable by the tenant.
- (5) Where, as consideration for the variation or waiver of any of the terms of a lease, a sum becomes payable by the tenant otherwise than by way of rent, the lease shall be deemed for the purposes of this section to have required the payment of a premium to the landlord (in addition to any other premium) of the amount of that sum; but—
- (a) in computing the profits of the Schedule A business of which that sum is by virtue of this subsection to be treated as a receipt, the duration of the lease shall be treated as not including any period which precedes the time at which the variation or waiver takes effect, or falls after the time at which it ceases to have effect; and
- (b) notwithstanding anything in subsection (1) above, rent treated as arising by virtue of this subsection shall be deemed to be received when the contract providing for the variation or waiver is entered into.
- (6) Where a payment falling within subsection (1), (4) or (5) above is due to a person other than the landlord, no amount shall fall under that subsection to be treated as a receipt of any Schedule A business carried on by the landlord; but if that other person is a company, the company shall be taken to have received as income an amount equal to the amount which would otherwise fall to be treated as rent and to be chargeable to corporation tax as if the company had received it in consequence of having, on its own account, entered into a transaction falling to be treated as mentioned in paragraph 1(2) of Schedule A..
- (7) Subsection (6) above shall not apply in relation to any payment falling within subsection (5) above unless it is due to a person who is, within the meaning of section 839, connected with the landlord.
- (7A) An amount treated under this section as rent shall be taken into account in computing the profits of the Schedule A business in question for the accounting period in which it is treated as received.
- (8) Where an amount by reference to which a company is chargeable to corporation tax by virtue of this section is payable by instalments (“*the corporation tax instalments*”), the corporation tax chargeable by reference to that amount may, at the company's option, be paid by such instalments as the Board may allow over a period not exceeding eight years and ending not later than the time at which the last of the corporation tax instalments is payable.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule D charge on assignment of lease granted at an undervalue
##### 35
- (1) This section applies to any lease of a duration not exceeding 50 years where the terms subject to which it was granted are such that the grantor, having regard to values prevailing at the time it was granted and on the assumption that the negotiations for the lease were at arm’s length, could have required the payment of an additional sum by way of premium, or additional premium, for the grant of the lease; and in this section any such additional sum is referred to as the “*amount foregone*”.
- (2) On any assignment of a lease to which this section applies for a consideration—
- (a) where the lease has not previously been assigned, exceeding the premium, if any, for which it was granted, or
- (b) where the lease has been previously assigned, exceeding the consideration for which it was last assigned,
the amount of the excess, in so far as it is not greater than the amount foregone reduced by the amount of any such excess arising on a previous assignment of the lease, shall in the same proportion as the amount foregone would, under section 34(1), have fallen to be treated as rent if it had been a premium under the lease, be deemed to have been received as income by the assignor and to have been received by the assignor in consequence of the assignor's having entered into a transaction falling to be treated as mentioned in paragraph 1(2) of Schedule A.
- (2A) An amount deemed under this section to have been received as income by the assignor—
- (a) is treated as received when the consideration mentioned in subsection (2) becomes payable, and
- (b) shall be taken into account in computing the profits of the Schedule A business in question for the accounting period in which it is treated as received.
- (3) If there is submitted to the inspector, by the grantor or any assignor or assignee of the lease, a statement showing whether or not a charge to corporation tax arises or may arise under this section and, if so, the amount on which the charge arises or may arise, then, if the inspector is satisfied as to the accuracy of the statement, he shall certify the accuracy thereof.
#### Schedule D charge on sale of land with right to reconveyance
##### 36
- (1) Where the terms subject to which an estate or interest in land is sold provide that it shall be, or may be required to be, reconveyed at a future date to the vendor or a person connected with the vendor, the following amount shall be deemed to have been received as income by the vendor and to have been received by the vendor in consequence of the vendor's having entered into a transaction falling to be treated as mentioned in paragraph 1(2) of Schedule A, that is to say any amount by which the price at which the estate or interest is sold exceeds the price at which it is to be reconveyed or, if the earliest date at which in accordance with those terms it would fall to be reconveyed is a date two years or more after the sale, the amount of the excess reduced by one-fiftieth thereof for each complete year (other than the first) in the period between the sale and that date.
- (2) Where, under the terms of the sale, the date of the reconveyance is not fixed, then—
- (a) if the price on reconveyance varies with the date, the price shall be taken, for the purposes of this section, to be the lowest possible under the terms of the sale, and
- (b) there shall be repaid to the vendor, on a claim made before the expiry of six years after the reconveyance takes place, any amount by which corporation tax assessed on the vendor by virtue of this section exceeded the amount which would have been so assessed if that date had been treated for the purposes of this section as the date fixed by the terms of the sale.
- (3) Where the terms of the sale provide for the grant of a lease directly or indirectly out of the estate or interest to the vendor or a person connected with the vendor, this section shall, subject to subsection (4) below, apply as if the grant of the lease were a reconveyance of the estate or interest at a price equal to the sum of the amount of the premium (if any) for the lease and the value at the date of the sale of the right to receive a conveyance of the reversion immediately after the lease begins to run.
- (4) Subsection (3) above shall not apply in any case where the lease is granted and begins to run within one month after the sale.
- (4A) An amount deemed under this section to have been received as income by the vendor—
- (a) is treated as received when the estate or interest is sold, and
- (b) shall be taken into account in computing the profits of the Schedule A business in question for the accounting period in which it is treated as received.
- (4B) For the purposes of subsection (4A)(a) an estate or interest in land is treated as sold when any of the following occurs—
- (a) an unconditional contract for its sale is entered into,
- (b) a conditional contract for its sale becomes unconditional, or
- (c) an option or right of pre-emption is exercised requiring the vendor to enter into an unconditional contract for its sale.
- (5) In this section references to a person connected with another shall be construed in accordance with section 839.
#### Premiums paid etc: deductions from premiums and rent received
##### 37
- (1) This section applies in any case where in respect of a lease of any premises—
- (a) any amount falls to be treated as a receipt of a Schedule A business by virtue of section 34 or 35, . . .
- (b) any amount would fall to be so treated but for the operation of subsection (2) or (3) below,
- (c) any amount falls to be treated as a receipt of a UK property business by virtue of any of sections 277 to 282 of ITTOIA 2005 (receipts in respect of lease premiums, sums payable instead of rent, for surrender of lease and for variation or waiver of term of lease and assignments), or
- (d) any amount would fall to be so treated but for the operation of the rule in section 288 of that Act (the additional calculation rule),
and that amount is in this section and section 37A referred to as “*the amount chargeable on the superior interest*” and any such lease is referred to as “*the head lease*”.
- (2) Where—
- (a) a lease is granted out of, or there is a disposition of, the head lease, and
- (b) in respect of that grant or disposition a company would, apart from this subsection, be treated by virtue of section 34 or 35 as receiving any amount as income in the course of carrying on a Schedule A business (“*the later chargeable amount*”),
then the amount which the company shall be treated as having so received shall, subject to subsection (3) below, be the excess (if any) of the later chargeable amount over the appropriate fraction of the amount chargeable on the superior interest.
- (3) Where a company would, apart from subsection (2) above, be treated by virtue of section 34 or 35 as having received any amount as income in the course of carrying on a Schedule A business and falls to be so treated in respect of a lease or disposition which extends to a part only of the premises subject to the head lease, the amount which the company shall be treated as having so received shall be the excess (if any) of the later chargeable amount over the appropriate fraction of the amount chargeable on the superior interest as, on a just apportionment, is attributable to that part of the premises.
- (4) Subject to subsection (5) below, a company which is for the time being entitled to the head lease shall be treated for the purpose, in computing the profits of a Schedule A business, of making deductions in respect of the disbursements and expenses of that business as paying rent for those premises (in addition to any actual rent), becoming due from day to day, during any part of the period in respect of which the amount chargeable on the superior interest arose for which the company was entitled to the head lease, and, in all, bearing to that amount the same proportion as that part of the period bears to the whole.
- (5) Where subsection (2) above applies, subsection (4) above shall apply for the period in respect of which the later chargeable amount arose only if the appropriate fraction of the amount chargeable on the superior interest exceeds the later chargeable amount, and shall then apply as if the amount chargeable on the superior interest were reduced in the proportion which that excess bears to that appropriate fraction.
- (6) Where subsection (3) above applies, subsections (4) and (5) above shall be applied separately to the part of the premises referred to in subsection (3) above and to the remainder of the premises, but as if for any reference to the amount chargeable on the superior interest there were substituted a reference to that amount proportionately adjusted.
- (7) For the purposes of this section—
- (a) the appropriate fraction of the amount chargeable on the superior interest is the fraction—
$$AB$where—$
A is the period in respect of which the later chargeable amount arose; and
B is the period in respect of which the amount chargeable on the superior interest arose; and
- (b) the period in respect of which an amount arose—
- (i) where it arose under section 34, shall be the period treated in computing the amount as being the duration of the lease;
- (ii) where it arose under section 35, shall be the period treated in computing the amount as being the duration of the lease remaining at the date of the assignment;
- (iii) where it arose under Chapter 4 of Part 3 of ITTOIA 2005 (profits of property businesses: lease premiums etc.), shall be its receipt period (within the meaning of that Chapter (see section 288(6)).
- (8) Where the amount chargeable on the superior interest arose under section 34(2) or under section 277 of ITTOIA 2005 by virtue of section 278 of that Act (amount treated as lease premium where work required) by reason of an obligation which included the carrying out of work in respect of which any capital allowance has fallen or will fall to be made, subsections (1) to (6) above shall apply as if the obligation had not included the carrying out of that work and that amount had been calculated accordingly.
- (9) An amount or part of an amount shall not be deducted under this section more than once from any sum, or from more than one sum, and shall not in any case be so deducted if it has been otherwise allowed as a deduction in computing the income of any person for income tax or corporation tax purposes or if it has been deducted under the rule in section 288 of ITTOIA 2005 (the additional calculation rule) in calculating the amount of a receipt of a property business (within the meaning of that Act) under Chapter 4 of Part 3 of that Act..
- (10) In the application of this section to Scotland the reference to a lease being granted out of the head lease is to the grant of a sublease of land subject to the head lease.
#### Rules for ascertaining duration of leases
##### 38
- (1) In ascertaining the duration of a lease for the purposes of sections 34 to 36—
- (a) in any case where—
- (i) any of the terms of the lease (whether relating to forfeiture or any other matter) or any other circumstances render it unlikely that the lease will continue beyond a date falling before the expiry of the term of the lease, and
- (ii) the premium was not substantially greater than it would have been, on the assumptions required by subsections (3) and (4) below, had the term been one expiring on that date,
the lease shall not be treated as having been granted for a term longer than one ending on that date;
- (b) where the terms of the lease include provision for the extension of the lease beyond a given date by notice given by the tenant, account may be taken of any circumstances making it likely that the lease will be so extended; and
- (c) where the tenant or a person connected with him (within the meaning of section 839) is or may become entitled to a further lease or the grant of a further lease (whenever commencing) of the same premises or of premises including the whole or part of the same premises, the term of the lease may be treated as not expiring before the term of the further lease.
- (2) Subsection (1) above shall be applied by reference to the facts which were known or ascertainable at the time of the grant of the lease, or in relation to corporation tax under section 34(5), at a time when the contract providing for the variation or waiver is entered into.
- (3) It shall be assumed in applying subsection (1) above that all parties concerned, whatever their relationship, act as they would act if they were at arm’s length.
- (4) In any case where—
- (a) by the lease or in connection with the granting of it benefits were conferred other than—
- (i) vacant possession and beneficial occupation of the premises, or
- (ii) the right to receive rent at a reasonable commercial rate in respect of the premises, or
- (b) payments were made which would not be expected to be made by parties acting at arm’s length if no other benefits had been so conferred,
it shall also be assumed, unless it can be shown that the benefits were not conferred or the payments made for the purpose of securing a corporation tax advantage in the application of this Part or an income tax advantage in the application of Chapter 4 of Part 3 of ITTOIA 2005, that the benefits would not have been conferred nor the payments made had the lease been for a term ending on the date mentioned in subsection (1)(a) above.
- (5) Where an inspector has reason to believe that a person has information relevant to the ascertainment of the duration of a lease in accordance with subsections (1) to (4) above, the inspector may by notice require him to give, within a time specified in the notice, such information on the matters so specified as is in his possession; but a solicitor shall not be so required to do more, in relation to anything done by him on behalf of a client, than state that he is or was so acting and give the name and address of his client.
- (6) In this section in relation to Scotland, the expression “*term*”, where referring to the duration of a lease, means period.
- (7) This section has effect subject to paragraphs 2 and 3 of Schedule 30.
#### Saving for pre-1963 leases, and special relief for individuals
##### 39
- (1) Subject to subsection (2) below, sections 34 to 36 shall not apply in relation to a lease granted, or an estate or interest in land sold, before the beginning of the year 1963-64 or in pursuance of a contract entered into before 4th April 1963.
- (2) Section 34(5) shall apply to the variation or waiver of any terms of a lease (not being a variation or waiver made in pursuance of a contract entered into before 4th April 1963) notwithstanding that the lease was granted before the beginning of the year 1963-64.
- (3) *Schedule* 2*shall have effect for giving relief on a claim being made by him in that behalf from any increase in an individual’s liability to income tax which is attributable to amounts being treated by virtue of section* 34, 35*or* 36*as receipts for a single year of assessment rather than as receipts for the period in relation to which they are chargeable*.
### Supplementary provisions
#### Tax treatment of receipts and outgoings on sale of land
##### 40
- (1) Where—
- (a) by virtue of a contract for the sale of an estate or interest in land there falls to be apportioned between the parties a receipt or outgoing in respect of the estate or interest which becomes due after the making of the contract but before the time to which the apportionment falls to be made, and
- (b) a part of the receipt is therefore receivable by the vendor in trust for the purchaser or, as the case may be, a part of the outgoing is paid by the vendor as trustee for the purchaser,
the purchaser shall be treated for the purposes of corporation tax under Schedule A as if that part had been received or paid by the purchaser immediately after the time to which the apportionment falls to be made.
- (2) Where by virtue of such a contract there falls to be apportioned between the parties a receipt or outgoing in respect of the estate or interest which became due before the making of the contract, the parties shall be treated for the purposes of corporation tax under Schedule A as if the contract had been entered into before the receipt or outgoing became due, and subsection (1) above shall apply accordingly.
- (3) Where on the sale of an estate or interest in land there is apportioned to the vendor a part of a receipt or outgoing in respect of the estate or interest which is to become receivable or be paid by the purchaser after the making of the apportionment, then for the purposes of corporation tax under Schedule A—
- (a) when the receipt becomes due or, as the case may be, the outgoing is paid, the amount of it shall be treated as reduced by so much thereof as was apportioned to the vendor, and
- (b) the part apportioned to the vendor shall be treated as if it were of the same nature as the receipt or outgoing and had been received or paid directly by the vendor immediately before the time to which the apportionment is made.
- (4) Any reference in subsection (1) or (2) above to a party to a contract shall include a person to whom the rights and obligations of that party under the contract have passed by assignment or otherwise.
- (4A) An amount deemed under this section to have been received or paid shall be taken into account in computing the profits of the Schedule A business in question for the period in which it is treated as received or paid.
#### Computation of income subject to foreign tax
##### 795
- (1) Where credit for foreign tax falls under any arrangements to be allowed in respect of any income and income tax is payable by reference to the amount received in the United Kingdom, the amount received shall be treated for the purposes of income tax as increased by —
- (a) the amount of the foreign tax in respect of the income, including in the case of a dividend any underlying tax which under the arrangements is to be taken into account in considering whether any and if so what credit is to be allowed in respect of the dividend , and
- (b) the amount of any special withholding tax levied in respect of the income.
- (2) Where credit for foreign tax falls under any arrangements to be allowed in respect of any income or gain and subsection (1) above does not apply, then, in computing the amount of the income or gain for the purposes of income tax or corporation tax—
- (a) no deduction shall be made for foreign tax or special withholding tax, whether in respect of the same or any other income or gain; and
- (b) the amount of the income shall, in the case of a dividend, be treated as increased by—
- (i) any underlying tax which, under the arrangements, is to be taken into account in considering whether any and if so what credit is to be allowed in respect of the dividend , and
- (ii) any underlying tax which, by virtue of section 799(1)(b) or section 799(1B)(b), does not fall to be so taken into account.
- (3) The amount of any income or gain shall not be treated as increased under this section by reference to any foreign tax which, although not payable, falls to be taken into account for the purposes of section 788(5).
- (3A) The amount of any income or gain shall not be increased under subsection (2)(b)(i) above by so much of any underlying tax—
- (a) as represents an increase under section 801(4B); or
- (b) as represents relievable underlying tax (within the meaning of sections 806A to 806J) arising in respect of another dividend and treated as underlying tax under those sections.
- (4) Subsections (2) and (3) above have effect for the purposes of corporation tax notwithstanding anything in —
- (a) section 464(1) of CTA 2009 (matters to be brought into account in the case of loan relationships only under Part 5 of that Act) ; or
- (b) section 906(1) of CTA 2009 (matters to be brought into account in respect of intangible fixed assets only under Part 8 of that Act).
- (5) In this section—
- (a) “*special withholding tax*” has the same meaning as in Chapter 7 of Part 3 of the Finance Act 2004 (see section 107(3) of that Act); and
- (b) references to special withholding tax are to special withholding tax in respect of which a claim has been made under that Chapter.
#### Limits on credit: income tax
##### 796
- (1) The amount of the credit for foreign tax which, under any arrangements, is to be allowed to a person against income tax for any year of assessment shall not exceed the difference between the amounts of income tax which would be borne by him for the year (no credit being allowed for foreign tax but allowing for the making of any other income tax reduction under the Income Tax Acts, except a reduction under section 26 of FA 2005)—
- (a) if he were charged to tax on his total income for the year, computed in accordance with section 795; and
- (b) if he were charged to tax on the same income, computed in the same way, but excluding the income in respect of which the credit is to be allowed.
- (2) Where credit for foreign tax is to be allowed in respect of income from more than one source, subsection (1) above shall be applied successively to the income from each source, but so that on each successive application, paragraph (a) shall apply to the total income exclusive of the income to which the subsection has already been applied.
- (2A) See section 29(2) and (3) of ITA 2007 (tax reductions limited by reference to tax liability) for further limits on the total amount of credit for foreign tax to be allowed to a person against income tax.
- (3) Without prejudice to subsections (1) and (2) above, the total credit for foreign tax to be allowed to a person against income tax for any year of assessment under all arrangements having effect by virtue of section 788 shall not exceed the total income tax payable by him for that year of assessment, less the total amount of the tax treated under section 414 of ITA 2007 (gift aid) as deducted from gifts made by him in that year.
#### Limits on credit: corporation tax
##### 797
- (1) The amount of the credit for foreign tax which under any arrangements is to be allowed against corporation tax in respect of any income or chargeable gain (“the relevant income or gain”) shall not exceed the corporation tax attributable to the relevant income or gain, determined in accordance with the following provisions of this section below.
- (2) Subject to subsections (2A) and (3) below, the amount of corporation tax attributable to the relevant income or gain shall be treated as equal to such proportion of the amount of that income or gain as corresponds to the rate of corporation tax payable by the company (before any credit under this Part) on its income or chargeable gains for the accounting period in which the income arises or the gain accrues (“the relevant accounting period”).
- (2A) The provisions of Chapter 4 of Part 2 of CTA 2009 (profits attributable to permanent establishment), and of any regulations made under section 24 of that Act, apply, with the necessary modifications, in determining for the purposes of this section how much of the chargeable profits of a company resident in the United Kingdom is attributable to a permanent establishment of the company outside the United Kingdom.
- (3) Where in the relevant accounting period there is any deduction to be made for charges on income, expenses of management expenses payable (within the meaning of section 76(1)) or other amounts which can be deducted from or set against or treated as reducing profits of more than one description—
- (a) the company may for the purposes of this section allocate the deduction in such amounts and to such of its profits for that period as it thinks fit; and
- (b) the amount of the relevant income or gain shall be treated for the purposes of subsection (2) above as reduced or, as the case may be, extinguished by so much (if any) of the deduction as is allocated to it.
- (3A) Where, in a case to which section 797A does not apply, a company has a non-trading deficit on its loan relationships for the relevant accounting period, then for the purposes of subsection (3) above that deficit shall be treated, to the extent that it is an amount—
- (a) which falls to be set off under section 388(1) of CTA 2009 (insurance companies: basic rule: deficit set off against income and gains of deficit period), or
- (b) to which a claim under section 459(1)(a) of that Act (claim to set off deficit against profits of deficit period) relates,
as an amount that can in that period be set against profits of any description but can be allocated in accordance with subsection (3) above only to the profits against which it is set off in pursuance of the claim.
- (3B) For the purposes of subsection (3) above, where—
- (a) section 797A does not apply in the case of any company, and
- (b) any amount is carried forward to the relevant accounting period in pursuance of section 457(1) of CTA 2009. . . ,
then that amount must be allocated to non-trading profits of the company for that period (so far as they are sufficient for the purpose) and cannot be allocated to any other profits.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for rent etc. not paid
##### 41
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals against determinations under sections 34 to 36
##### 42
- (1) Where it appears to the inspector that the determination of —
- (a) any amount on which a person may be chargeable to corporation tax by virtue of section 34, 35 or 36 , or
- (b) any amount that under Chapter 4 of Part 3 of ITTOIA 2005 (profits of property businesses: lease premiums etc.) is brought into account as a receipt in calculating the profits of a property business (within the meaning of that Act),
may affect the liability to income tax, corporation tax or capital gains tax of other persons he may give notice to those persons as well as to the first-mentioned person of the determination he proposes to make and of the rights conferred on them by this section.
- (2) Any person to whom such a notice is given may, within 30 days after the date on which it is given, object to the proposed determination by notice given to the inspector.
- (3) Where notices have been given under subsection (1) above and no notice of objection is duly given under subsection (2) above the inspector shall make the determination as proposed in his notices and the determination shall not be called in question in any proceedings.
- (4) Where a notice of objection is duly given the amount mentioned in subsection (1) above shall be determined in like manner as an appeal and shall be so determined by the Special Commissioners or such body of General Commissioners as may be agreed on by the person to be charged and all persons who have given notice of objection.
- (5) All persons to whom notices have been given under subsection (1) above may take part in any proceedings under subsection (4) above and in any appeal arising out of those proceedings and shall be bound by the determination made in the proceedings or on appeal, whether or not they have taken part in the proceedings; and their successors in title shall also be so bound.
- (6) A notice under subsection (1) above may, notwithstanding any obligation as to secrecy or other restriction on the disclosure of information, include a statement of the grounds on which the inspector proposes to make the determination.
- (7) An inspector may by notice require any person to give within the time specified in the notice such information as appears to the inspector to be required for deciding whether to give a notice under subsection (1) above to any person.
#### Non-residents
##### 43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART III — GOVERNMENT SECURITIES
### General
#### Income tax: mode of charge
##### 44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Part III
##### 45
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### Government securities: exemptions from tax
#### Savings certificates and tax reserve certificates
##### 46
- (1) Subject to subsections (3) to (6) below, income arising from savings certificates shall not be liable to corporation tax.
- (2) Corporation tax shall not be chargeable in respect of the interest on tax reserve certificates issued by the Treasury.
- (3) Subsection (1) above does not apply to any savings certificates which are purchased by or on behalf of a person in excess of the amount which a person is for the time being authorised to purchase under regulations made by the Treasury or, as respects Ulster Savings Certificates, by the Department of Finance and Personnel.
- (4) Subsection (1) above does not apply to Ulster Savings Certificates unless—
- (a) the holder is resident and ordinarily resident in Northern Ireland when the certificates are repaid; or
- (b) the certificates were purchased by the holder and the holder was so resident and ordinarily resident when they were purchased.
- (5) A claim under this section in respect of Ulster Savings Certificates shall be made to the Board.
- (6) In this section “*sa00vings certificates*” means savings certificates issued under section 12 of the National Loans Act 1968 or section 7 of the National Debt Act 1958 or Section 59 of the Finance Act 1920 and any war savings certificates as defined in section 9(3) of the National Debt Act 1972, together with any savings certificates issued under any corresponding enactment forming part of the law of Northern Ireland.
- (7) In this section “*Ulster Savings Certificates*” means savings certificates issued or treated as issued under section 15 of the Exchequer and Financial Provisions Act (Northern Ireland) 1950.
#### United Kingdom government securities held by non-residents
##### 47
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#### Securities of foreign states
##### 48
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#### Stock and dividends in name of Treasury etc
##### 49
- (1) No tax shall be chargeable in respect of the stock or dividends—
- (a) transferred, in pursuance of any Act of Parliament, to accounts in the books of the Bank of England in the name of the Treasury or the National Debt Commissioners, or
- (b) transferred, in pursuance of any Act of Parliament, to the Treasury or the National Debt Commissioners and in respect of which the Treasury or those Commissioners are entered as holder in the registers kept by the Registrar of Government Stock,
but the Bank of England and the Registrar of Government Stock shall each transmit to the Board an account of the total amount thereof in those books or registers as the case may be.
- (2) No tax shall be chargeable in respect of the stock or dividends belonging to the Crown, in whatever name they may stand in the books of the Bank of England or in the registers kept by the Registrar of Government Stock.
- (3) In this section “dividends” means any interest, public annuities, dividends or shares of annuities.
- (4) In this section “*Registrar of Government Stock*” means the person or persons appointed in accordance with regulations under section 47(1)(b) of the Finance Act 1942 (see regulation 3 of the Government Stock Regulations 2004).
### Government securities: interest payable without deduction of tax
#### United Kingdom securities: Treasury directions for payment without deduction of tax
##### 50
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#### Treasury directions as respects Northern Ireland securities
##### 51
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#### Taxation of interest on converted government securities and interest which becomes subject to deduction
##### 52
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## PART IV — PROVISIONS RELATING TO THE SCHEDULE D CHARGE
### CHAPTER I — SUPPLEMENTARY CHARGING PROVISIONS
#### Farming and other commercial occupation of land (except woodlands)
##### 53
- (1) All farming and market gardening in the United Kingdom shall be treated as the carrying on of a trade or, as the case may be, of a part of a trade, and the profits thereof shall be charged to corporation tax under Case I of Schedule D accordingly.
- (2) All the farming carried on by any particular company or partnership shall be treated as one trade for corporation tax purposes.
- (3) Subject to subsection (4) below, the occupation of land in the United Kingdom for any purpose other than farming or market gardening shall, if the land is managed on a commercial basis and with a view to the realisation of profits, be treated as the carrying on of a trade or, as the case may be, of a part of a trade, and the profits thereof shall be charged to corporation tax under Case I of Schedule D accordingly.
- (4) Subsection (3) above shall not apply in relation to the occupation of land which comprises woodlands or is being prepared for use for forestry purposes.
- (5) The preceding provisions of this section do not apply in relation to—
- (a) farming or market gardening by an insurance company on land which is an asset of the company's long-term insurance fund, or
- (b) the occupation by an insurance company of land which is such an asset for a purpose other than farming or market gardening.
#### Woodlands managed on a commercial basis
##### 54
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#### Mines, quarries and other concerns
##### 55
- (1) profits arising out of land in the case of any concern specified in subsection (2) below shall be charged to corporation tax under Case I of Schedule D.
- (2) The concerns are—
- (a) mines and quarries (including gravel pits, sand pits and brickfields);
- (b) ironworks, gasworks, salt springs or works, alum mines or works (not being mines falling within the preceding paragraph) and waterworks and streams of water;
- (c) canals, inland navigation, docks and drains or levels;
- (d) fishings;
- (e) rights of markets and fairs, tolls, bridges and ferries;
- (f) railways and other ways;
- (g) other concerns of the like nature as any of the concerns specified in paragraphs (b) to (e) above.
- (3) Subsection (1) does not apply in relation to any concern carried on by an insurance company on land which is an asset of the company's long-term insurance fund.
#### Transactions in deposits with and without certificates or in debts
##### 56
- (1) Subsection (2) below applies to the following rights—
- (a) the right to receive the amount, with or without interest, stated in a certificate of deposit;
- (b) the right to receive an amount payable with interest—
- (i) in a transaction in which no certificate of deposit or security is issued, and
- (ii) which is payable by a bank or similar institution or a person regularly engaging in similar transactions;
and the right to receive that interest.
- (2) Profits or gains arising to a company from the disposal of a right to which this subsection applies or, except so far as it is a right to receive interest, from the exercise of any such right (whether by the person to whom the certificate was issued or by some other person, or, as the case may be, by the person who acquired the right in the transaction referred to in subsection (1) above or by some person acquiring it directly or indirectly from that person), shall, if not falling to be taken into account as a trading receipt, be treated as annual profits or gains chargeable to corporation tax under Case VI of Schedule D.
- (3) Subsection (2) above and section 551 of ITTOIA 2005 (charge to income tax on profits from disposal of deposit rights) do not apply in the case of the disposal or exercise of a right to receive an amount stated in a certificate of deposit or interest on such an amount—
- (a) if the company disposing of the right acquired it before 7th March 1973;
- (b) to any profits or gains arising to a fund or scheme in the case of which provision is made by section 613(4) or 614(2) or (3) or section 186 of the Finance Act 2004 for exempting the whole or part of its income from income tax;
- (c) in so far as they are applied to charitable purposes only, to any profits or gains arising to a charitable company within the meaning of section 506.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) This section and section 56A shall not apply for the purposes of corporation tax except in relation to rights in existence before 1st April 1996.
- (4B) For the purposes of corporation tax, where any profits or gains arising from the disposal or exercise of a right in existence before 1st April 1996 are, or (if there were any) would be, chargeable under this section, nothing in Chapter II of Part IV of the Finance Act 1996 (loan relationships) shall require any amount relating to that disposal, or to the exercise of that right, to be brought into account for the purposes of that Chapter.
- (5) In this section—
- “*certificate of deposit*” means a document relating to money, in any currency, which has been deposited with the issuer or some other person, being a document which recognises an obligation to pay a stated amount to bearer or to order, with or without interest, and being a document by the delivery of which, with or without endorsement, the right to receive that stated amount, with or without interest, is transferable; and
- “*security*” has the same meaning as in section 132 of the 1992 Act.
#### Deep discount securities
##### 57
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#### Foreign pensions
##### 58
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#### Persons chargeable
##### 59
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where, in accordance with section 12 of ITTOIA 2005, income tax is charged . . . on the profits of markets or fairs, or on tolls, fisheries or any other annual or casual profits not distrainable, the owner or occupier or receiver of the profits thereof shall be answerable for the tax so charged, and may retain and deduct the same out of any such profits.
- (4) Subsection (3) above shall not apply for the purposes of corporation tax.
### CHAPTER II — INCOME TAX: BASIS OF ASSESSMENT ETC.
### Cases I and II
#### Assessment on preceding year basis
##### 60
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#### Special basis at commencement of trade, profession or vocation
##### 61
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#### Special basis for early years following commencement
##### 62
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#### Special basis on discontinuance
##### 63
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### Cases III, IV and V
#### Case III assessments: general
##### 64
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#### Cases IV and V assessments: general
##### 65
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#### Special rules for fresh income
##### 66
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#### Special rules where source of income disposed of or yield ceases
##### 67
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#### Special rules where property etc. situated in Republic of Ireland
##### 68
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### Case VI
#### Assessment on current year basis unless otherwise directed
##### 69
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### CHAPTER III — CORPORATION TAX: BASIS OF ASSESSMENT ETC
#### Basis of assessment etc
##### 70
- (1) In accordance with sections 6 to 12 and 337 to 344, for the purposes of corporation tax for any accounting period income shall be computed under Cases I to VI of Schedule D on the full amount of the profits or gains or income arising in the period (whether or not received in or transmitted to the United Kingdom), without any other deduction than is authorised by the Corporation Tax Acts.
- (2) Where a company is chargeable to corporation tax in respect of a trade or vocation under Case V of Schedule D, the income from the trade or vocation shall be computed in accordance with the rules applicable to Case I of Schedule D.
- (3) Cases III and V of Schedule D shall for the purposes of corporation tax extend to companies not resident in the United Kingdom, so far as those companies are chargeable to tax on income of descriptions which, in the case of companies resident in the United Kingdom, fall within those Cases (but without prejudice to any provision of the Tax Acts specially exempting non-residents from tax on any particular description of income).
### CHAPTER IV — PROVISIONS SUPPLEMENTARY TO CHAPTERS II AND III
#### Computation of income tax where no profits in year of assessment
##### 71
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#### Apportionments etc. for purposes of Cases I, II and VI
##### 72
- (1) Where in the case of any profits or gains chargeable to corporation tax under Case I, II or VI of Schedule D it is necessary in order to arrive for the purposes of . . . corporation tax at the profits or gains or losses of any . . . accounting period or other period, to divide and apportion to specific periods the profits or gains or losses for any period for which the accounts have been made up, or to aggregate any such profits, gains or losses or any apportioned parts thereof, it shall be lawful to make such a division and apportionment or aggregation.
- (2) Any apportionment under this section shall be made in proportion to the number of days in the respective periods.
#### Single assessments for purposes of Cases III, IV and V
##### 73
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### CHAPTER V — COMPUTATIONAL PROVISIONS
### Deductions
#### General rules as to deductions not allowable
##### 74
- (1) Subject to the provisions of the Corporation Tax Acts, in computing the amount of the profits to be charged to corporation tax under Case I or Case II of Schedule D, no sum shall be deducted in respect of—
- (a) any disbursements or expenses, not being money wholly and exclusively laid out or expended for the purposes of the trade or profession;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the rent of the whole or any part of any dwelling-house or domestic offices, except any such part as is used for the purposes of the trade or profession, and where any such part is so used, the sum so deducted shall not, unless in any particular case it appears that having regard to all the circumstances some greater sum ought to be deducted, exceed two-thirds of the rent bona fide paid for that dwelling-house or those offices;
- (d) any sum expended for repairs of premises occupied, or for the supply, repairs or alterations of any implements, utensils or articles employed, for the purposes of the trade or profession, beyond the sum actually expended for those purposes;
- (da) any expenditure to which section 33A(3) of the Capital Allowances Act (expenditure on provision or replacement of integral features) applies;
- (e) any loss not connected with or arising out of the trade or profession;
- (f) any capital withdrawn from, or any sum employed or intended to be employed as capital in, the trade or profession, but so that this paragraph shall not be treated as disallowing the deduction of any interest;
- (g) any capital employed in improvements of premises occupied for the purposes of the trade or profession;
- (h) any interest which might have been made if any such sums as aforesaid had been laid out at interest;
- (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (k) any average loss beyond the actual amount of loss after adjustment;
- (l) any sum recoverable under an insurance or contract of indemnity;
- (m) any annuity or other annual payment (other than interest) payable out of the profits;
- (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (p) any royalty or other sum paid in respect of the user of a patent;
- (q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses of management: investment companies
##### 75
- (1) In computing for the purposes of corporation tax the total profits for an accounting period of a company with investment business (see section 130) a deduction is to be allowed for any expenses of management of the company’s investment business (see subsection (4) below) which are referable to that accounting period in accordance with section 75A.
That is subject to the following provisions of this section.
- (2) A deduction is not to be allowed under subsection (1) above for any expenses to the extent that those expenses are deductible in computing profits apart from this section.
- (2A) A deduction is not to be allowed under that subsection for any particular expenses of management if any part of those expenses is incurred directly or indirectly in consequence of, or otherwise in connection with, any arrangements the main purpose, or one of the main purposes, of which is to secure the allowance of a deduction (or increased deduction) under that subsection or any other tax advantage.
- (2B) Subsection (2A) above does not apply if, as a result of paragraph 7A of Schedule 23A (manufactured payments under arrangements having an unallowable purpose), the company incurring the expenses is not entitled to a relevant tax relief (within the meaning of that paragraph) in respect of, or referable to, the whole or any part of the expenses.
- (2C) The reference in subsection (2A) above to expenses of management includes amounts treated by any provision as deductible under this section.
- (3) Expenses of a capital nature are not expenses of management for the purposes of this section except to the extent that they fall to be treated as expenses of management for those purposes by virtue of—
- (a) subsection (7) below (capital allowances), or
- (b) any provision of the Tax Acts, other than this section.
- (4) For the purposes of this section, expenses of management are “expenses of management of the company’s investment business” to the extent that—
- (a) the expenses are in respect of so much of the company’s business as consists in the making of investments, and
- (b) the investments concerned are not held by the company for an unallowable purpose during the accounting period (see subsection (5) below),
and references in this section to the company’s investment business shall be construed accordingly.
- (5) For the purposes of subsection (4)(b) above, investments are held by a company for an unallowable purpose during an accounting period to the extent that they are held during the period—
- (a) for a purpose that is not a business or other commercial purpose of the company, or
- (b) for the purpose of activities in respect of which the company is not within the charge to corporation tax.
- (5A) For the purposes of subsection (5)(a) above investments are not held for a business or other commercial purpose if they are held directly or indirectly in consequence of, or otherwise in connection with, any arrangements the main purpose, or one of the main purposes, of which is to secure the allowance of a deduction (or increased deduction) under subsection (1) above or any other tax advantage.
- (6) For the purposes of subsection (1) above, there shall be deducted from the amount that would, apart from this subsection, be deductible under that subsection the amount of any income derived from a source not charged to tax—
- (a) which the company has in the course of carrying on its investment business, and
- (b) which, in a case where the company is not resident in the United Kingdom,—
- (i) the company has in the course of carrying on that business through a permanent establishment in the United Kingdom, and
- (ii) is such property or rights as are mentioned in section 11(2A)(b),
but which is not franked investment income.
- (7) For the purposes of this section, there shall be added to a company’s expenses of management referable to any accounting period the amount of any allowances falling to be made to the company for that period by virtue of section 15(1)(g) of the Capital Allowances Act (plant and machinery allowances) so far as effect cannot be given to them under section 253(2) of that Act.
- (8) Subsection (9) below applies in any case where, in an accounting period of a company with investment business, the sum of—
- (a) the expenses of management deductible under subsection (1) above, and
- (b) any charges on income paid in the accounting period, to the extent that they are paid for the purposes of so much of the company’s business as consists in the making of investments,
exceeds the amount of the profits from which those expenses and charges are deductible.
- (9) In any such case—
- (a) the excess shall be carried forward to the succeeding accounting period; and
- (b) the amount so carried forward to the succeeding accounting period shall be treated for the purposes of this section (including any further application of this subsection) as if it were expenses of management deductible for that accounting period.
- (10) Any apportionment falling to be made for the purposes of this section shall be made on a just and reasonable basis.
- (11) In this section—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), and
- “*tax advantage*” has the meaning given by section 840ZA.
#### Expenses of management: insurance companies
##### 76
- (1) In computing for the purposes of corporation tax the profits for any accounting period of a company—
- (a) which carries on life assurance business, and
- (b) which is charged to tax in respect of that business under the I minus E basis,
section 75 is not to apply in computing the profits of that business, but a deduction for expenses payable (the “expenses deduction”) is to be allowed in accordance with the following provisions of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The expenses deduction is to be made from so much of the income and gains of the accounting period referable to basic life assurance and general annuity business as remains after any deduction falling to be made by virtue of paragraph 4(2) of Schedule 11 to the Finance Act 1996 (non-trading deficits on loan relationships).
- (3) For the purposes of this section “*expenses payable*” means expenses brought into account in line 12, 22 or 25 of Form 40 (the revenue account) in the periodical return of the company for a period of account, but does not include any of the amounts falling within subsection (4), (5) or (6) below.
- (4) The amounts falling within this subsection are the following—
- (a) reinsurance premiums,
- (b) refunds of premiums,
- (c) profit commissions and profit participations (however described),
- (d) expenses or other amounts payable, to the extent that the company’s purpose in incurring the liability to make the payment is not a business or other commercial purpose of the company.
For the purposes of paragraph (d) above, it is not one of the business or commercial purposes of a company to incur a liability to pay an amount of commission or other expenses which exceeds the amount which it could reasonably be expected to pay if the company were charged to tax under Case I of Schedule D in respect of its life assurance business.
- (5) The amounts falling within this subsection are any amounts payable in connection with a policy or contract to—
- (a) a policy holder or annuitant under the policy or contract (except where the policy holder is an insurance company),
- (b) any other person who is entitled to receive benefits under the policy or contract,
- (c) any person acting on behalf of a person falling within paragraph (a) or (b) above,
- (d) the personal representatives of a deceased person who fell within paragraphs (a) to (c) above.
- (6) The amounts falling within this subsection are expenses of a capital nature.
But this subsection does not apply in the case of an amount which, by virtue of any provision of the Tax Acts other than this section, falls to be treated for the purposes of this section as expenses payable which fall to be brought into account at Step 1 in subsection (7) below (the reference to Step 1 being express in the provision).
- (7) The amount of the expenses deduction for an accounting period is found by taking the following steps—
- *Step 1*
- Find so much of the expenses payable as are—attributable to basic life assurance and general annuity business (see subsection (8) below), andreferable to the accounting period (see subsection (9) below).
- *Step 2*
- Reduce each of the amounts found at Step 1 by excluding so much of the amount as is—deductible in computing income for the purposes of Schedule A,deductible by virtue of section 85(2B) of the Finance Act 1989, . . . deductible by virtue of section 121(3) in computing income from the letting of rights to work minerals in the United Kingdom, orrequired to be deducted by subsection (9A) below.
- *Step 3*
- Find the amounts (so far as not included at Step 1) which fall to be treated for the purposes of this section as expenses payable for the accounting period by virtue of any of the following provisions—
- section 432AB(3) (Schedule A loss or an overseas property business loss referable to basic life assurance and general annuity business);
- section 437(1A) (relief for income element of new annuities);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- paragraph 16(1) of Schedule 7 to the Finance Act 1991 (transitional relief for old annuities);
- paragraph 4(4)(b) of Schedule 11 to the Finance Act 1996 (carried forward non-trading deficit on loan relationships produced by separate computation for basic life assurance and general annuity business);
- section 256(2)(a) of the Capital Allowances Act (capital allowances on plant and machinery used in the management of life assurance business);
- paragraph 23 of Schedule 22 to the Finance Act 2001 (150% relief in respect of the remediation expenditure on contaminated land owned by a company carrying on life assurance business and acquired to be a management asset);
- paragraph 13(2) of Schedule 12 to the Finance Act 2002 (125% of relevant expenditure on R&D in the case of a life assurance company);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- paragraph 36(3) of Schedule 29 to the Finance Act 2002 (relief for non-trading loss on intangible fixed assets).
- *Step 4*
- Give effect to the provisions specified in Step 3 by adding together—so much of the amounts found at Step 1 as remains after making any reductions at Step 2, andthe amounts found at Step 3,
- and then deduct the amount of any reversal (wherever brought into account) of an expense included at Step 1 in a previous period,
- to give Subtotal 1.
- *Step 5*
- If the whole or any part of a loss arising to the company in respect of its life assurance business in the accounting period is set off under section 393A or 403(1)—find the amount (“amount L”) that is equal to so much of the loss as, in the aggregate, is so set off,find the amount (“amount S”) by which any losses for that period under section 436A fall to be reduced under section 434A(2)(b),from amount L deduct amount S, to give the adjusted loss deduction,
- then reduce Subtotal 1 by deducting from it the adjusted loss deduction,
- to give Subtotal 2.
- *Step 6*
- Give effect to subsection (6) of section 86 of the Finance Act 1989 (spreading of acquisition expenses) by—finding the amount that is equal to six-sevenths of the adjusted amount of the acquisition expenses (within the meaning of that section) for the accounting period, anddeducting that amount from Subtotal 2,
- to give Subtotal 3.
- *Step 7*
- Add together the following amounts—Subtotal 3, andany amounts carried forward to the accounting period under subsection (12) or (13) below (unrelieved excesses from earlier accounting periods),
- to give Subtotal 4.
- *Step 8*
- Give effect to subsections (8) and (9) of section 86 of the Finance Act 1989 (fraction of adjusted amount of acquisition expenses for earlier accounting periods) by adding together—Subtotal 4, andany amounts which are to be relieved under this section by virtue of those subsections,
- to give the expenses deduction.
- *Step 9*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- *Step 10: the amount of the expenses deduction*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of Step 1, the expenses that are attributable to basic life assurance and general annuity business are the expenses which are attributable to that business in accordance with proper internal accounting practice.
In this subsection “*proper internal accounting practice*” means the practice of insurance companies in allocating all the expenses of the company to particular categories of business in accordance with any applicable requirements of—
- (a) generally accepted accounting practice, . . .
- (b) the Prudential Sourcebook (Insurers), or
- (c) the Insurance Prudential Sourcebook.
- (9) The following rules have effect for determining for the purposes of Step 1 the expenses that are referable to an accounting period.
*Rule A*
Where a period of account coincides with an accounting period, the expenses brought into account for the period of account are the expenses referable to the accounting period.
*Rule B*
Where—
- (a) two or more accounting periods fall within the same period of account, and
- (b) that period of account is longer than 12 months,
section 834(4) (apportionment on time basis) is to apply.
*Rule C*
In any other case where two or more accounting periods fall within the same period of account, the expenses referable to any of those accounting periods are the expenses that would have been referable to that accounting period if—
- (a) the accounting period had coincided with a period of account, and
- (b) a separate periodical return had been made for that period of account,
and section 834(4) (apportionment on time basis) is not to apply.
*Rule D*
Rules A to C are subject to any provision of the Corporation Tax Acts which provides for an amount to be treated as expenses payable for, or referable to, a particular period.
- (9A) The amount required to be deducted at paragraph (d) of Step 2 is the total of the amounts (if any) arrived at under subsection (9C) below in relation to the fronting reinsurance contracts (if any) made by the company.
- (9B) A fronting reinsurance contract is a contract of reinsurance forming part of a fronting reinsurance arrangement; and a fronting reinsurance arrangement is an arrangement under which the company—
- (a) enters into a contract constituting term assurance with a person, and
- (b) reinsures all, or substantially all, of the liabilities under that contract with a reinsurer which—
- (i) does not meet the BLAGAB group reinsurance conditions in paragraph 1(3) of Schedule 19ABA to this Act, and
- (ii) is connected with that person or with a person entitled to commission from the company in respect of the contract.
- (9C) The amount referred to in subsection (9A) above in relation to any fronting reinsurance contract made by the company is the relevant reinsurance fraction of so much of the amount found at Step 1 as relates to policies and contracts which are relevant reinsured policies and contracts in relation to the fronting reinsurance contract.
- (9D) For the purposes of subsection (9C) above “the relevant reinsurance fraction” is—
$$RLTL$where—RL is so much of TL as is reinsured under the fronting reinsurance contract, andTL is the amount of the total liabilities under the relevant reinsured policies and contracts at the end of the accounting period.$
- (9E) For the purposes of subsections (9B) and (9C) above policies and contracts are relevant reinsured policies and contracts in relation to a fronting reinsurance contract if—
- (a) they are attributable to the company's basic life assurance and general annuity business, and
- (b) any or all of the risks under them are reinsured under the fronting reinsurance contract.
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) Where for any accounting period—
- (a) the amount of the expenses deduction (see Step 8), exceeds
- (b) the amount from which that deduction is to be made (see subsection (2) above),
the excess is to be carried forward to the next accounting period for which the company is charged to tax in respect of its life assurance business under the I minus E basis and brought into account for that period in accordance with Step 7.
- (13) Where for any accounting period excess adjusted Case I profits are charged to tax under section 85A of the Finance Act 1989, an amount equal to the profits is to be carried forward to the next accounting period for which the company is charged to tax in respect of its life assurance business under the I minus E basis and brought into account for that period in accordance with Step 7.
- (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (15) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*expenses payable*” has the meaning given by subsection (3) above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Incidental costs of obtaining loan finance
##### 77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Discounted bills of exchange
##### 78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Contributions to local enterprise agencies
##### 79
- (1) Notwithstanding anything in section 74, but subject to the provisions of this section, where a company carrying on a trade or profession makes any contribution (whether in cash or in kind) to an approved local enterprise agency, any expenditure incurred by the company in making the contribution may be deducted as an expense in computing the profits of the trade or profession for the purposes of corporation tax if it would not otherwise be so deductible.
- (2) Where any such contribution is made by a company with investment business any expenditure allowable as a deduction under subsection (1) above shall for the purposes of section 75 be treated as expenses of management.
- (2A) Where any such contribution is made by a company in relation to which section 76 applies (expenses of insurance companies) any expenditure allowable as a deduction under subsection (1) above shall for the purposes of that section be treated as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section.
- (3) Subsection (1) above does not apply in relation to a contribution made by any company if either the company or any person connected with the company receives or is entitled to receive a benefit of any kind whatsoever for or in connection with the making of that contribution, whether from the agency concerned or from any other person.
- (4) In this section “*approved local enterprise agency*” means a body approved by the Secretary of State for the purposes of this section; but he shall not so approve a body unless he is satisfied that—
- (a) its sole objective is the promotion or encouragement of industrial and commercial activity or enterprise in a particular area in the United Kingdom with particular reference to encouraging the formation and development of small businesses; or
- (b) one of its principal objectives is that set out in paragraph (a) above and it maintains or is about to maintain a fund separate from its other funds which is or is to be applied solely in pursuance of that objective;
and where the Secretary of State approves a body by virtue of paragraph (b) above, the approval shall specify the fund concerned and, in relation to a body so approved, any reference in this section to a contribution is a reference to a contribution which is made wholly to or for the purposes of that fund.
- (5) A body may be approved under subsection (4) above whether or not it is a body corporate or a body of trustees or any other association or organisation and whether or not it is described as a local enterprise agency.
- (6) A body may not be approved under subsection (4) above unless it is precluded, by virtue of any enactment, contractual obligation, memorandum or otherwise, from making any direct or indirect payment or transfer to any of its members, or to any person charged with the control and direction of its affairs, of any of its income or profit by way of dividend, gift, division, bonus or otherwise howsoever by way of profit.
- (7) For the purposes of subsection (6) above, the payment—
- (a) of reasonable remuneration for goods, labour or power supplied or for services rendered, or
- (b) of reasonable interest for money lent, or
- (c) of reasonable rent for any premises,
does not constitute a payment or transfer which is required to be so precluded.
- (8) Any approval given by the Secretary of State may be made conditional upon compliance with such requirements as to accounts, provision of information and other matters as he considers appropriate; and if it appears to the Secretary of State that—
- (a) an approved local enterprise agency is not complying with any such requirement, or
- (b) one or other of the conditions for his approval contained in subsection (4) above or the precondition for his approval in subsection (6) above has ceased to be fulfilled with respect to an approved local enterprise agency,
he shall by notice withdraw his approval from the body concerned with effect from such date as he may specify in the notice (which may be a date earlier than the date on which the notice is given).
- (9) In any case where—
- (a) a contribution has been made by a company to an approved local enterprise agency in respect of which relief has been given under subsection (1) above, and
- (b) any benefit received in any accounting period by the company or any person connected with the company is in any way attributable to that contribution,
the company shall in respect of that accounting period be charged to corporation tax under Case I or Case II of Schedule D or, if the company is not chargeable to corporation tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.
- (10) Section 839 applies for the purposes of subsections (3) and (9) above.
- (11) This section applies to contributions made on or after 1st April 1982 . . . .
#### Expenses connected with foreign trades etc
##### 80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Travel between trades etc
##### 81
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#### Interest paid to non-residents
##### 82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Patent fees etc. and expenses
##### 83
Notwithstanding anything in section 74, in computing the profits of a trade for the purposes of corporation tax there may be deducted as expenses any fees paid or expenses incurred—
- (a) in obtaining for the purposes of the trade the grant of a patent, an extension of the term of a patent, the registration of a design or trade mark, an extension of the period for which the right in a registered design subsists or the renewal of registration of a trade mark, or
- (b) in connection with a rejected or abandoned application for a patent made for the purposes of the trade.
#### Payments for technical education
##### 84
- (1) This section applies where a company carrying on a trade or profession (“*the donor*”) makes a gift for the purposes of a designated educational establishment of—
- (a) an article manufactured, or of a class or description sold, by the donor in the course of its trade which qualifies as plant or machinery in the hands of the educational establishment; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For the purposes of this section, an article “*qualifies as plant or machinery in the hands of an educational establishment*” if, and only if, it is an article such that—
- (a) were the activities carried on by the educational establishment regarded as a trade carried on by a body of persons, and
- (b) had that body, at the time of the gift, incurred capital expenditure wholly and exclusively on the provision of an identical article for the purposes of those activities, and
- (c) had the identical article belonged to that body in consequence of the incurring of that expenditure,
the identical article would be regarded for the purposes of Part 2 of the Capital Allowances Act as plant or machinery provided by the body for the purposes of that trade.
- (3) Where this section applies—
- (a) if the gift is of an article falling within paragraph (a) of subsection (1) above, then, for corporation tax purposes, no amount shall be required to be brought into account as a trading receipt of the donor in consequence of its disposal of that article from trading stock; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
but this subsection shall not apply unless, within the period specified in subsection (3A) below, the donor makes a claim for relief under this subsection, specifying the article given and the name of the educational establishment in question.
- (3A) The period mentioned in subsection (3) above is the period of two years beginning at the end of the accounting period in which the gift is made.
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In any case where—
- (a) relief is given under subsection (3) above or section 63(2) of the Capital Allowances Act in respect of the gift of an article made by the donor, and
- (b) any benefit received in any accounting period by the donor or any person connected with the donor is in any way attributable to the making of that gift,
the donor shall in respect of that accounting period be charged to corporation tax under Case I or Case II of Schedule D or, if the donor is not chargeable to corporation tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.
- (5) In this section “*designated educational establishment*” means any educational establishment designated, or of a category designated,—
- (a) as respects Great Britain, in regulations made by the Secretary of State; or
- (b) as respects Northern Ireland, in regulations made by the Department of Education for Northern Ireland;
and any such regulations may make different provision for different areas.
- (6) If any question arises as to whether a particular establishment falls within a category designated in regulations under subsection (5) above, the Board shall refer the question for decision—
- (a) in the case of an establishment in Great Britain, to the Secretary of State, or
- (b) in the case of an establishment in Northern Ireland, to the Department of Education for Northern Ireland.
- (7) The power of the Secretary of State to make regulations under subsection (5) above shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.
- (8) Regulations made under subsection (5) above for Northern Ireland—
- (a) shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and
- (b) shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
- (9) Section 839 applies for the purposes of subsection (4) above.
#### Payments to trustees of approved profit sharing schemes
##### 85
- (1) Any sum expended in making a payment to the trustees of an approved profit sharing scheme by a company which is in relation to that scheme the grantor or a participating company—
- (a) shall be deducted in computing for the purposes of Schedule D the profits of a trade carried on by that company; or
- (b) if that company is a company with investment business, shall be treated as expenses of management deductible under section 75, or
- (c) if that company is one in relation to which section 76 applies, shall be treated as expenses payable for the purposes of that section,
if, and only if, one of the conditions in subsection (2) below is fulfilled.
- (2) The conditions referred to in subsection (1) above are—
- (a) that before the expiry of the relevant period the sum in question is applied by the trustees in the acquisition of shares for appropriation to individuals who are eligible to participate in the scheme by virtue of their being or having been employees or directors of the company making the payment; and
- (b) that the sum is necessary to meet the reasonable expenses of the trustees in administering the scheme.
- (3) For the purposes of subsection (2)(a) above “*the relevant period*” means the period of nine months beginning on the day following the end of the period of account in which the sum in question is charged as an expense of the company incurring the expenditure or such longer period as the Board may allow by notice given to that company.
- (4) For the purposes of this section, the trustees of an approved profit sharing scheme shall be taken to apply sums paid to them in the order in which the sums are received by them.
- (5) In this section—
- “*approved profit sharing scheme*” means a profit sharing scheme approved under Schedule 9; and
- “*the grantor*” and “*participating company*” have the meaning given by paragraph 1(3) and (4) of that Schedule.
#### Employees seconded to charities and educational establishments
##### 86
- (1) If a company (“*the employer*”) carrying on a trade, profession or business for the purposes of which it employs a person (“*the employee*”) makes available to a charity, on a basis which is expressed and intended to be of a temporary nature, the services of the employee then, notwithstanding anything in section 74, 75 or 76, any expenditure incurred by the employer which is attributable to the employment of that employee shall continue to be deductible in the manner and to the like extent as if, during the time that his services are so made available to the charity, they continued to be available for the purposes of the employer’s trade, business or profession.
- (2) In subsection (1) above—
- “*charity*” has the same meaning as in section 506;
- “*deductible*” means—deductible as an expense in computing the profits of the employer to be charged to corporation tax under Case I or II of Schedule D,deductible as expenses of management for the purposes of section 75, orfalling to be brought into account in accordance with section 76 as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section,as the case may be.
- (3) With respect to expenditure attributable to the employment of a person on or after 26th November 1986 . . . , this section shall have effect as if the references to a charity included references to any of the following bodies, that is to say—
- (a) in England and Wales, any body falling within subsection (4) below;
- (b) in Scotland, any body falling within subsection (5) below;
- (c) in Northern Ireland, any body falling within subsection (6) below; and
- (d) any other educational body which is for the time being approved for the purposes of this section by the Secretary of State or, in Northern Ireland, the Department of Education for Northern Ireland.
- (4) A body falls within this subsection if it is—
- (a) a local education authority;
- (b) an educational institution maintained or otherwise supported by such an authority (including a grant-maintained school or a grant-maintained special school within the meaning of the Education Act 1996);
- (c) an independent school, within the meaning of the Education Act 1996, whose registration under section 465 of that Act is final; or
- (d) an institution within the further education sector, or the higher education sector, within the meaning of the Further and Higher Education Act 1992.
- (5) A body falls within this subsection if it is—
- (a) an education authority;
- (b) an educational establishment managed by such an authority within the meaning of the Education (Scotland) Act 1980 (“*the 1980 Act*”);
- (c) a public or grant-aided school within the meaning of the 1980 Act;
- (d) a self-governing school within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989;
- (e) an independent school within the meaning of the 1980 Act;
- (f) a central institution within the meaning of the 1980 Act;
- (g) an institution within the higher education sector within the meaning of section 56(2) of the Further and Higher Education (Scotland) Act 1992; or
- (h) a college of further education within the meaning of section 36(1) of that Act.
- (6) A body falls within this subsection if it is—
- (a) an education or library board within the meaning of the Education and Libraries (Northern Ireland) Order 1986;
- (b) a college of education or a controlled, maintained, grant-maintained integrated, controlled integrated, voluntary or independent school within the meaning of that Order; or
- (c) an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.
#### Taxable premiums etc
##### 87
- (1) This section applies where in relation to any land used in connection with a trade or profession—
- (a) any amount falls to be treated as a receipt of a Schedule A business by virtue of section 34 or 35, . . .
- (b) any amount would fall to be so treated but for the operation of section 37(2) or (3);
- (c) any amount falls to be treated as a receipt of a UK property business by virtue of any of sections 277 to 282 of ITTOIA 2005 (receipts in respect of lease premiums, sums payable instead of rent, for surrender of lease and for variation or waiver of term of lease and assignments), or
- (d) any amount would fall to be so treated but for the operation of the rule in section 288 of that Act (the additional calculation rule),
and that amount is referred to below and in section 87A as “*the amount chargeable*”.
- (2) Subject to subsections (3) to (8) below, where—
- (a) during any part of the relevant period the land in relation to which the amount chargeable arose is occupied by a company which is for the time being entitled to the lease as respects which it arose, and
- (b) that occupation is for the purposes of a trade or profession carried on by the company,
the company shall be treated, in computing the profits of the trade or profession chargeable to corporation tax under Case I or II of Schedule D, as paying in respect of that land rent for the period (in addition to any actual rent), becoming due from day to day, of an amount which bears to the amount chargeable the same proportion as that part of the relevant period bears to the whole.
- (3) As respects any period during which a part only of the land in relation to which the amount chargeable arose is occupied as mentioned in subsection (2) above, that subsection shall apply as if the whole were so occupied, but the amount chargeable shall be treated as reduced by so much thereof as, on a just apportionment, is attributable to the remainder of the land.
- (4) Where a company, although not in occupation of the land or any part of the land, deals with the company's interest in the land or that part as property employed for the purposes of a trade or profession carried on by the company, subsections (2) and (3) above shall apply as if the land or part were occupied by the company for those purposes.
- (5) Where section 37(2) and (3) has effect in relation to a lease granted out of the interest referred to in subsection (4) above, subsections (5) and (6) of that section shall apply for modifying the operation of subsections (2) and (3) above as they apply for modifying the operation of subsection (4) of that section.
- (6) In computing profits chargeable under Case I or II of Schedule D for any accounting period, rent shall not by virtue of subsection (4) above be treated as paid by a company for any period in respect of land in so far as rent treated under section 37(4) as paid by the company for that period in respect of the land has in any previous accounting period been deducted, or falls in that accounting period to be deducted under Part II.
- (7) Where, in respect of expenditure on the acquisition of the company's interest in the land in relation to which the amount chargeable arose, a company has become entitled to an allowance under Part 5 of the Capital Allowances Act in respect of expenditure falling within section 403 (mineral asset expenditure) for any accounting period, then—
- (a) if the allowance is in respect of the whole of the expenditure, no deduction shall be allowed the company under this section for that or any subsequent accounting period; or
- (b) if the allowance is in respect of part only of the expenditure (“*the allowable part*”), a deduction allowed the company under this section for that or any subsequent accounting period shall be the fraction—
$$A-BA$of the amount which apart from this subsection would fall to be deducted, where—$
A is the whole of the expenditure, and
B is the allowable part of the expenditure;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Where the amount chargeable arose under section 34(2) or under section 277 of ITTOIA 2005 by virtue of section 278 of that Act (amount treated as lease premium where work required) by reason of an obligation which included the carrying out of work in respect of which any capital allowance has fallen or will fall to be made, this section shall apply as if the obligation had not included the carrying out of that work and the amount chargeable had been calculated accordingly.
- (9) In this section “*the relevant period*” means—
- (a) where the amount chargeable arose under section 34, the period treated in computing that amount as the duration of the lease;
- (b) where the amount chargeable arose under section 35, the period treated in computing that amount as the duration of the lease remaining at the date of the assignment;
- (c) where the amount chargeable arose under Chapter 4 of Part 3 of ITTOIA 2005 (profits of property businesses: lease premiums etc.), its receipt period (within the meaning of that Chapter (see section 288(6)).
- (9A) In the application of this section and section 87A to Scotland—
- (a) the reference to a lease being granted out of the interest referred to in subsection (4) above is to the grant of a sublease of land subject to that interest, and
- (b) references to the lease so granted are to be construed as references to the sublease.
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments to Export Credit Guarantee Department
##### 88
Any sums paid by a company to the Export Credits Guarantee Department under an agreement entered into under arrangements made by the Secretary of State in pursuance of section 11 of the Export Guarantees and Overseas Investment Act 1978, or with a view to entering into such an agreement, shall be included—
- (a) in the sums to be deducted in computing for the purposes of Case I or Case II of Schedule D the profits of any trade or profession carried on by that company; or
- (b) if that company is a company with investment business, in the expenses of management that are deductible under section 75 in computing the company’s profits for the purpose of corporation tax;
whether or not they would fall to be so included apart from this section.
#### Debts proving irrecoverable after event treated as discontinuance
##### 89
- (1) This section applies if—
- (a) section 337(1) applies to treat a trade as discontinued by reason of any event, or
- (b) a person permanently ceases to carry on a trade or profession,
and a company carries on the trade or profession after that event or cessation.
- (2) In computing for corporation tax purposes the profits of the trade or profession in any period after the event or cessation, there may be deducted a sum equal to any amount proved during that period to be irrecoverable in respect of any debts—
- (a) which were credited in computing for tax purposes the profits for any period before the event or cessation, and
- (b) in respect of which the benefit was assigned to the company carrying on the trade or profession after the event or cessation.
- (3) Subsection (2) applies only so far as the total amount proved to be irrecoverable in respect of the debts exceeds any relevant deduction in respect of them in a computation for any period before the event or cessation.
- (4) In this section “*debt*” includes an obligation or liability that falls to be discharged otherwise than by the payment of money.
The references to a debt being irrecoverable shall be read accordingly.
- (5) For the purposes of this section “*relevant deduction*”, in relation to a debt, means a deduction made for tax purposes in respect of an impairment loss or release.
#### Additional payments to redundant employees
##### 90
- (1) Where a payment is made by way of addition to a redundancy payment or to the corresponding amount of any other employer’s payment and the additional payment would be—
- (a) allowable as a deduction in computing for the purposes of Schedule D the profits or losses of a trade or profession,
- (b) deductible under section 75 as expenses of management of a business, or
- (c) regarded as expenses payable for the purposes of section 76,
- (1A) To the extent that the additional payment would, apart from this subsection, be regarded as expenses payable for the purposes of Step 5 in subsection (7) of section 76, it shall not be so regarded for the purposes of that subsection (or of subsection (1) above so far as relating to that section).
- (2) Subsection (1) above applies to an additional payment only so far as it does not exceed three times the amount of the redundancy payment or of the corresponding amount of the other employer’s payment.
- (3) In this section references to the permanent discontinuance of a trade, profession or business include references to any occasion on which it is treated as permanently discontinued by virtue of section . . . 337(1).
- (4) In this section references to a redundancy payment or to the corresponding amount of an employer’s payment shall be construed as in sections 579 and 580.
#### Cemeteries
##### 91
- (1) In computing for corporation tax purposes the profits or losses for any period of a trade which consists of or includes the carrying on of a cemetery, there shall be allowed as a deduction—
- (a) any capital expenditure incurred by the company engaged in carrying on the trade in providing any land in the cemetery sold during that period for the purpose of interments, and
- (b) the appropriate fraction of the residue at the end of that period of the relevant capital expenditure.
- (2) Subject to subsection (3) below, the relevant capital expenditure is capital expenditure incurred for the purposes of the trade in question by the company engaged in carrying it on, being—
- (a) expenditure on any building or structure other than a dwelling-house, being a building or structure in the cemetery likely to have little or no value when the cemetery is full; and
- (b) expenditure incurred in providing land taken up by any such building or structure, and any other land in the cemetery not suitable or adaptable for use for interments and likely to have little or no value when the cemetery is full.
- (3) Relevant capital expenditure—
- (a) does not include expenditure incurred on buildings or structures which have been destroyed before the beginning of the first period to which subsection (1) above applies in the case of the trade in question; and
- (b) of other expenditure incurred before that time, includes only the fraction—
$$AA+B$where—$
A is the number of grave-spaces which at that time were or could have been made available in the cemetery for sale, and
B is the number already sold.
- (4) For the purposes of this section—
- (a) the residue of any expenditure at the end of a period is the amount incurred before that time which remains after deducting—
- (i) any amount allowed in respect of that expenditure under subsection (1)(b) above , or under section 170(2)(b) of ITTOIA 2005 (relief for income tax purposes) in computing for tax purposes the profits or losses of the trade for any previous period, and
- (ii) if, after the beginning of the first period to which subsection (1) above applies in the case of a trade and before the end of the period mentioned at the beginning of this subsection, any asset representing that expenditure is sold or destroyed, the net proceeds of sale or, as the case may be, any insurance money or other compensation of any description received by the company carrying on the trade in respect of the destruction and any money received by it for the remains of the asset; and
- (b) the appropriate fraction of the residue of any expenditure at the end of any period is—
$$AA+B$where—$
A is the number of grave-spaces in the cemetery sold in the period, and
B is the number of grave-spaces which at the end of the period are or could be made available in the cemetery for sale.
- (5) Where in any chargeable period there is a change in the persons engaged in carrying on a trade which consists of or includes the carrying on of a cemetery, any allowance to be made under this section to the company carrying on the trade after the change shall, whether or not it is to be assumed for other purposes that the trade was discontinued and a new trade set up and commenced, be computed—
- (a) as if the company had at all times been engaged in carrying on the trade;
- (b) as if everything done to or by any of its predecessors in carrying on the trade had been done to or by it; and
- (c) without regard to the price paid on any sale on the occasion of any such change.
- (6) No expenditure shall be taken into account—
- (a) under both paragraphs (a) and (b) of subsection (1) above, or
- (b) under both subsection (1)(a) above and section 170(2)(b) of ITTOIA 2005 or under both subsection (1)(b) above and section 170(2)(a) of ITTOIA 2005,
whether for the same or different periods.
- (7) This section shall apply in relation to a trade which consists of or includes the carrying on of a crematorium and, in connection therewith, the maintenance of memorial garden plots, as it applies in relation to a trade which consists of or includes the carrying on of a cemetery, but subject to the modifications that—
- (a) references to the cemetery or land in the cemetery shall be taken as references to the land which is devoted wholly to memorial garden plots, and
- (b) references to grave-spaces shall be taken as references to memorial garden plots, and
- (c) references to the sale or use of land for interments shall be taken as references to its sale or use for memorial garden plots.
- (8) In this section—
- (a) references to the sale of land include references to the sale of a right of interment in land, and to the appropriation of part of a memorial garden in return for a dedication fee or similar payment;
- (b) references to capital expenditure incurred in providing land shall be taken as references to the cost of purchase and to any capital expenditure incurred in levelling or draining it or otherwise rendering it suitable for the purposes of a cemetery or a memorial garden; and
- (c) the reference in subsection (4)(a)(ii) to subsection (1) above includes a reference to section 141 of the 1970 Act and section 22 of the Finance Act 1952 (which made similar provision to that made by this section).
- (9) Section 532 of the Capital Allowances Act (general rule excluding contributions) shall apply for the purposes of this section as it applies for the purposes of that Act.
### Treatment of regional development and other grants and debts released etc.
#### Regional development grants
##### 92
- (1) A regional development grant which, apart from this subsection, would be taken into account as a receipt in computing the profits of a trade, profession or vocation which are chargeable under Case I or II of Schedule D, shall not be taken into account as a receipt in computing those profits.
- (2) A regional development grant which is made to an investment company—
- (a) shall not be taken into account as a receipt in computing its profits under Case VI of Schedule D; and
- (b) shall not be deducted, by virtue of section 75(2), from the amount treated as expenses of management.
- (3) In this section “*regional development grant*” means a payment by way of grant under Part II of the Industrial Development Act 1982.
#### Other grants under Industrial Development Act 1982 etc
##### 93
- (1) A payment to which this section applies which is made to a company carrying on a trade the profits of which are chargeable to corporation tax under Case I of Schedule D shall be taken into account as a receipt in computing those profits; and any such payment which is made to a company with investment business shall be taken into account as a receipt in computing its profits under Case VI of Schedule D.
- (2) This section applies to any payment which would not, apart from this section, be taken into account as mentioned in subsection (1) above, being a payment by way of a grant under—
- (a) section 7 or 8 of the Industrial Development Act 1982 or section 7 or 8 of the Industry Act 1972; or
- (b) section 1 of the Industries Development Act (Northern Ireland) 1966 or section 4 of the Industries Development Act (Northern Ireland) 1971; or
- (c) any of Articles 7, 9 and 30 of the Industrial Development (Northern Ireland) Order 1982;
other than a grant designated as made towards the cost of specified capital expenditure or as made by way of compensation for the loss of capital assets and other than a grant falling within subsection (3) below.
- (3) A payment by way of grant which is made—
- (a) under Article 7 of the Order referred to in subsection (2)(c) above, and
- (b) in respect of a liability for corporation tax (including a liability which has already been met),
shall not be taken into account as mentioned in subsection (1) above, whether by virtue of this section or otherwise.
#### Debts deducted and subsequently released
##### 94
- (1) Where, in computing for corporation tax purposes the profits of a trade or profession, a deduction has been allowed for any debt incurred for the purposes of the trade or profession, then, if the whole or any part of the debt is thereafter released otherwise than as part of a statutory insolvency arrangement, the amount released shall be treated as a receipt of the trade or profession arising in the period in which the release is effected.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of dealer’s receipts on purchase by company of own shares
##### 95
- (1) Where a dealer—
- (a) receives a relevant distribution, that is to say—
- (i) any distribution which is made by a company resident in the United Kingdom (“*a UK distribution*”), or
- (ii) any payment which is representative of a UK distribution, or
- (b) makes any payment which is representative of a UK distribution,
the distribution or, as the case may be, the payment shall be taken into account in computing the profits of the dealer which are chargeable to corporation tax in accordance with the provisions of this Act applicable to Case I or II of Schedule D.
- (1A) Accordingly, where a dealer receives a relevant distribution—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) section 208 shall not apply to that distribution; and
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1C) The application of subsection (1) above in relation to a payment made by a dealer is subject to paragraph 7A of Schedule 23A (manufactured payments under arrangements having an unallowable purpose).
- (2) For the purposes of this section a person is a dealer in relation to any . . . distribution if—
- (a) were there a sale by that person of the shares or stock in respect of which the distribution is made, and
- (b) the circumstances of that sale were such that the price would not fall to be treated as a . . . distribution,
the price would be taken into account in computing the profits of that person which are chargeable to corporation tax in accordance with the provisions of this Act applicable to Case I or II of Schedule D.
- (2A) The reference in subsection (2) above to the profits of a person does not include the profits of that person in respect of insurance business or any category of insurance business.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Special provisions
#### Farming and market gardening: relief for fluctuating profits
##### 96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of farm animals etc
##### 97
Schedule 5 shall have effect with respect to the treatment, in computing profits for the purposes of Case I of Schedule D, of animals and other living creatures kept for the purposes of farming or any other trade.
#### Tied premises
##### 98
- (1) This section applies for corporation tax purposes where a company (“*the trader*”)—
- (a) carries on a trade,
- (b) in the course of the trade supplies, or is concerned in the supply of, goods sold or used on premises occupied by a person other than the trader,
- (c) has an estate or interest in those premises, and
- (d) deals with that estate or interest as property employed for the purposes of the trade.
- (2) Where this section applies the receipts and expenses in connection with the premises that would otherwise fall to be brought into account in computing the profits of a Schedule A business carried on by the trader shall instead be brought into account in computing the profits of the trade.
- (3) Any necessary apportionment shall be made on a just and reasonable basis of receipts or expenses—
- (a) which do not relate only to the premises concerned, or
- (b) where the conditions in subsection (1) are met only in relation to part of the premises.
- (4) This section applies to premises outside the United Kingdom as if the premises were in the United Kingdom.
#### Dealers in land
##### 99
- (1) In computing for corporation tax purposes the profits of a trade of dealing in land, there shall be disregarded—
- (a) so much of the cost of woodlands in the United Kingdom purchased in the course of the trade as is attributable to trees or saleable underwood growing on the land; and
- (b) where any amount has been disregarded under paragraph (a) above and, on a subsequent sale of the woodlands in the course of the trade, all or any of the trees or underwood to which the amount disregarded was attributable are still growing on the land, so much of the price for the land as is equal to the amount so disregarded in respect of those trees or underwood.
- (2) In computing the profits of a trade of dealing in land, any trading receipt falling within subsection (1), (4) or (5) of section 34 or section 35 or 36 shall be treated as reduced by the amount on which corporation tax is chargeable by virtue of that section.
- (3) Where, on a claim being made under subsection (2)(b) of section 36, the amount on which corporation tax was chargeable by virtue of that section is treated as reduced, subsection (2) above shall be deemed to have applied to the amount as reduced, and any such adjustment of liability to corporation tax shall be made (for all relevant accounting periods) whether by means of an assessment or otherwise, as may be necessary, and may be so made at any time at which it could be made if it related only to corporation tax for the accounting period in which that claim is made.
- (4) Subsection (1) above shall not apply where the purchase mentioned in paragraph (a) of that subsection was made under a contract entered into before 1st May 1963.
### CHAPTER VI — DISCONTINUANCE . . .
### Valuation of trading stock etc.
#### Valuation of trading stock at discontinuance of trade
##### 100
- (1) In computing for any corporation tax purpose the profits of a trade which has been discontinued, any trading stock belonging to the trade at the discontinuance shall be valued as follows—
- (a) if—
- (i) the stock is sold or transferred for valuable consideration to a person who carries on, or intends to carry on, a trade in the United Kingdom, and
- (ii) the cost of the stock may be deducted by the purchaser as an expense in computing for any tax purpose the profits of that trade,
the value of the stock shall be taken to be the amount determined in accordance with subsections (1A) to (1C) below; and
- (b) if the stock does not fall to be valued under paragraph (a) above, its value shall be taken to be the amount which it would have realised if it had been sold in the open market at the discontinuance of the trade.
- (1ZA) This section does not apply in relation to any trading stock if paragraph 1(2) of Schedule 28AA (provision not at arm’s length) has effect in relation to any provision made or imposed in relation to that stock and having effect in connection with the discontinuance of the trade.
- (1A) Subject to subsections (1B) and (1C) below and to paragraph 2 of Schedule 12 to the Finance Act 1988 (gilt-edged securities and other financial trading stock), the value of any trading stock falling to be valued under paragraph (a) of subsection (1) above shall be taken—
- (a) except where the person to whom it is sold or transferred is connected with the company which makes the sale or transfer, to be the amount (“the price actually received for it”) which is in fact realised on the sale or, as the case may be, which is in fact the value of the consideration given for the transfer; and
- (b) if that person and that company are connected with each other, to be what would have been the price actually received for it had the sale or transfer been a transaction between independent persons dealing at arm’s length.
- (1B) In a case falling within subsection (1)(a) above—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) stock sold in circumstances in which the amount realised on the sale would be taken to be an amount determined in accordance with paragraph 5 of Schedule 5 shall be taken to have the value so determined, instead of the value for which subsection (1A)(a) or (b) above provides.
- (1C) If—
- (a) trading stock is sold or transferred to a person in circumstances where paragraph (b) of subsection (1A) above would apply (apart from this subsection) for determining the value of the stock so sold or transferred,
- (b) the amount which would be taken in accordance with that paragraph to be the value of all of the stock sold or transferred to that person is more than the acquisition value of that stock and also more than the price actually received for it, and
- (c) both parties to the sale or transfer, by notice signed by them and sent to the inspector no later than two years after the end of the accounting period in which the trade is discontinued, elect that this subsection shall apply,
then the stock sold or transferred to that person shall be taken to have a value equal to whichever is the greater (taking all the stock so sold or transferred together) of its acquisition value and the price actually received for it or, in a case where they are the same, to either of them.
- (1D) In subsection (1C) above “*acquisition value*”, in relation to any trading stock, means the amount which, in computing for any corporation tax purposes the profits of the discontinued trade, would have been deductible as representing the acquisition value of that stock if—
- (a) the stock had, immediately before the discontinuance, been sold in the course of the trade for a price equal to whatever would be its value in accordance with subsection (1A)(b) above; and
- (b) the period for which those profits were to be computed began immediately before the sale.
- (1E) Where the value of the trading stock is determined in accordance with subsections (1A) to (1C) above, or sections 176 to 178 of ITTOIA 2005 or section 127 of that Act (by virtue of section 175(3)) (corresponding provisions for income tax purposes), the amount to be brought into account as the value of that stock in computing profits of the discontinued trade shall also be taken, for the purpose of making for corporation tax purposes any deduction in computing the profits of any trade carried on by the purchaser, to be the cost of that stock to the purchaser.
- (1F) For the purposes of this section two persons are connected with each other if—
- (a) they are connected with each other within the meaning of section 839;
- (b) one of them is a partnership and the other has a right to a share in the partnership;
- (c) one of them is a body corporate and the other has control over that body;
- (d) both of them are partnerships and some other person has a right to a share in each of them; or
- (e) both of them are bodies corporate or one of them is a partnership and the other is a body corporate and, in either case, some other person has control over both of them;
and in this subsection the references to a right to a share in a partnership are references to a right to a share of the assets or income of the partnership and “*control*” has the meaning given by section 840.
- (1G) In this section “*purchaser*”, in relation to a transfer otherwise than by sale, means the person to whom the transfer is made.
- (2) For the purposes of this section “*trading stock*”, in relation to any trade—
- (a) means property of any description, whether real or personal, being either—
- (i) property such as is sold in the ordinary course of the trade, or would be so sold if it were mature or if its manufacture, preparation or construction were complete; or
- (ii) materials such as are used in the manufacture, preparation or construction of any such property as is referred to in sub-paragraph (i) above; and
- (b) includes also any services, article or material which would, if the trade were a profession . . . , be treated, for the purposes of section 101, as work in progress of the profession . . . , and references to the sale or transfer of trading stock shall be construed accordingly.
- (3) Where trading stock falling to be valued under paragraph (a) of subsection (1) above is sold or transferred together with other assets, so much of the amount realised on the sale or, as the case may be, of the value of the consideration given for the transfer as on a just and reasonable apportionment is properly attributable to each asset shall be treated for the purposes of this section as the amount realised on the sale or, as the case may be, the value of the consideration given for the transfer, of that asset.
#### Valuation of work in progress at discontinuance of profession or vocation
##### 101
- (1) Where, in computing for any corporation tax purpose the profits of a profession . . . which has been discontinued, a valuation is taken of the work of the profession . . . in progress at the discontinuance, that work shall be valued as follows—
- (a) if—
- (i) the work is transferred for money or any other valuable consideration to a person who carries on, or intends to carry on, a profession . . . in the United Kingdom, and
- (ii) the cost of the work may be deducted by that person as an expense in computing for any tax purpose the profits of that profession . . . ,
the value of the work shall be taken to be the amount paid or other consideration given for the transfer; and
- (b) if the work does not fall to be valued under paragraph (a) above, its value shall be taken to be the amount which would have been paid for a transfer of the work on the date of the discontinuance as between parties at arm’s length.
- (2) Where a profession . . . is discontinued, and the company by which it was carried on immediately before the discontinuance so elects by notice sent to the inspector at any time within the period specified in subsection (2A) below—
- (a) the amount (if any) by which the value of the work in progress at the discontinuance (as ascertained under subsection (1) above) exceeds the actual cost of the work shall not be brought into account in computing the profits of the period immediately before the discontinuance; but
- (b) the amount by which any sums received for the transfer of the work exceed the actual cost of the work shall be included in the sums chargeable to tax by virtue of section 103 as if it were a sum to which that section applies received after the discontinuance.
- (2A) The period mentioned in subsection (2) above is—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . the period of two years beginning at the end of the accounting period in which the profession . . . is discontinued.
- (3) References in this section to work in progress at the discontinuance of a profession . . . shall be construed as references to—
- (a) any services performed in the ordinary course of the profession . . . , the performance of which was wholly or partly completed at the time of the discontinuance and for which it would be reasonable to expect that a charge would have been made on their completion if the profession . . . had not been discontinued; and
- (b) any article produced, and any such material as is used, in the performance of any such services,
and references in this section to the transfer of work in progress shall include references to the transfer of any benefits and rights which accrue, or might reasonably be expected to accrue, from the carrying out of the work.
#### Provisions supplementary to sections 100 and 101
##### 102
- (1) Any question arising under section 100(1)(a) or 101(1)(a) shall be determined as follows, for the purpose of computing for any tax purpose the profits of both the trades or, as the case may be, the professions . . . concerned—
- (a) in a case where the same body of General Commissioners have jurisdiction with respect to each of the persons whose trade or profession is one of those concerned, the question shall be determined by those Commissioners unless all parties concerned agree that it shall be determined by the Special Commissioners;
- (b) in any other case, the question shall be determined by the Special Commissioners; and
- (c) the General or Special Commissioners shall determine the question in like manner as an appeal.
- (2) Where, by virtue of section . . . 337(1), a trade or profession is treated as having been permanently discontinued for the purpose of computing corporation tax, it shall also be so treated for the purposes of sections 100 and 101. . . .
### Case VI charges on receipts
#### Receipts after discontinuance: earnings basis charge and related charge affecting conventional basis
##### 103
- (1) Where any trade, profession or vocation carried on wholly or partly in the United Kingdom the profits of which are chargeable to tax . . . has been permanently discontinued, corporation tax shall be charged under Case VI of Schedule D in respect of any sums to which this section applies which are received after the discontinuance.
- (2) Subject to subsection (3) below, this section applies to the following sums arising from the carrying on of the trade, profession or vocation during any period before the discontinuance (not being sums otherwise chargeable to tax)—
- (a) where the profits for that period were computed by reference to earnings, all such sums in so far as their value was not brought into account in computing the profits for any period before the discontinuance, and
- (b) where those profits were computed on a conventional basis (that is to say, were computed otherwise than by reference to earnings), any sums which, if those profits had been computed by reference to earnings, would not have been brought into the computation for any period before the discontinuance because the date on which they became due, or the date on which the amount due in respect thereof was ascertained, fell after the discontinuance.
- (3) This section does not apply to any of the following sums—
- (a) sums received by a company beneficially entitled thereto which is not resident in the United Kingdom, or by a person acting on its behalf, which represent income arising directly or indirectly from a country or territory outside the United Kingdom, or
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) sums realised by the transfer of trading stock belonging to a trade at the discontinuance of the trade, or by the transfer of the work of a profession or vocation in progress at its discontinuance.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where—
- (a) in computing for tax purposes the profits of a trade, profession or vocation a deduction has been allowed for any debt incurred for the purposes of the trade, profession or vocation, and
- (b) the whole or any part of that debt is thereafter released otherwise than as part of a statutory insolvency arrangement, and
- (c) the trade, profession or vocation has been permanently discontinued at or after the end of the period for which the deduction was allowed and before the release was effected,
subsections (1) to (3) above shall apply as if the amount released were a sum received after the discontinuance.
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) For the purposes of this section the value of any sum received in payment of a debt shall be treated as not brought into account in the computation of the profits of a trade, profession or vocation to the extent that a deduction has been made for tax purposes in respect of an impairment loss or a release of liability.
#### Conventional basis: general charge on receipts after discontinuance or change of basis
##### 104
- (1) Where any trade, profession or vocation carried on wholly or partly in the United Kingdom the profits of which are chargeable to tax . . . has been permanently discontinued, and the profits for any period before the discontinuance were computed on a conventional basis, corporation tax shall be charged under Case VI of Schedule D in respect of any sums to which this subsection applies which are received on or after the discontinuance.
- (2) Subject to subsection (3) below, subsection (1) above applies to all sums arising from the carrying on of the trade, profession or vocation during any period before the discontinuance, not being sums otherwise chargeable to tax, in so far as the amount or value of the sums was not brought into account in computing the profits for any period before the discontinuance.
- (3) In subsection (2) above the reference to sums otherwise chargeable to tax includes any sums which (disregarding this section) are chargeable to corporation tax under section 103 or to which that section would have applied but for subsection (3)(a) . . . of that section.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) It is hereby declared that where work in progress at the discontinuance of a profession or vocation, or the responsibility for its completion, is transferred, the sums to which subsection (1) above applies include any sums received by way of consideration for the transfer, and any sums received by way of realisation by the transferee, on behalf of the transferor, of the work in progress transferred.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowable deductions
##### 105
- (1) In computing the charge to corporation tax in respect of sums received by any company which are chargeable to corporation tax by virtue of section 103 or 104(1) (including amounts treated as sums received by it by virtue of section 103(4)), there shall be deducted from the amount which, apart from this subsection, would be chargeable to corporation tax—
- (a) any loss, expense or debit (not being a loss, expense or debit arising directly or indirectly from the discontinuance itself) which, if the trade, profession or vocation had not been discontinued, would have been deducted in computing for tax purposes the profits of the person by whom it was carried on before the discontinuance, or would have been deducted from or set off against those profits as so computed, and
- (b) any capital allowance to which the person who carried on the trade, profession or vocation was entitled immediately before the discontinuance and to which effect has not been given by way of relief before the discontinuance.
- (2) No amount shall be deducted under subsection (1) above if that amount has been allowed under any other provision of the Tax Acts . . . .
- (3) No amount shall be deducted more than once under subsection (1) above; and—
- (a) any expense or debit shall be apportioned between a sum chargeable under section 103 and a sum chargeable under section 104(1) in such manner as may be just;
- (b) as between sums chargeable, whether under section 103 or 104(1), for one accounting period and sums so charged for a subsequent accounting period, any deduction in respect of a loss or capital allowance shall be made against sums chargeable for the earlier accounting period;
- (c) subject to paragraph (b) above, as between sums chargeable for any accounting period under section 103 and sums so chargeable under section 104(1), any deduction in respect of a loss or capital allowance shall be made against the last-mentioned sums rather than the first-mentioned;
but, in the case of a loss which is to be allowed after the discontinuance, not so as to authorise its deduction from any sum chargeable for a accounting period preceding that in which the loss is incurred.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of charges where rights to payments transferred
##### 106
- (1) Subject to subsection (2) below, in the case of a transfer for value of the right to receive any sum to which section 103, 104(1) or 104(4) applies, any corporation tax chargeable by virtue of either of those sections shall be charged in respect of the amount or value of the consideration (or, in the case of a transfer otherwise than at arm’s length, in respect of the value of the right transferred as between parties at arm’s length), and references in this Chapter, except section 101(2), to sums received shall be construed accordingly.
- (2) Where a trade, profession or vocation is treated as permanently discontinued by reason of a change in the persons carrying it on, and the right to receive any sum to which section 103 or 104(1) applies is or was transferred at the time of the change to the company carrying on the trade, profession or vocation after the change, corporation tax shall not be charged by virtue of either of those sections, but any sum received by that company by virtue of the transfer shall be treated for corporation tax purposes as a receipt to be brought into the computation of the profits of the trade, profession or vocation in the period in which it is received.
### Reliefs
#### Treatment of receipts as earned income
##### 107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Election for carry-back
##### 108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge under section 104: relief for individuals born before 6th April 1917
##### 109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplemental
#### Interpretation etc
##### 110
- (1) The following provisions have effect for the purposes of sections 103 to 106.
- (1A) In the case of a trade carried on by a person other than a company or a profession or vocation within the charge to income tax carried on by any person, any reference to the permanent discontinuance of a trade, profession or vocation includes a reference to—
- (a) a person permanently ceasing to carry on a trade, profession or vocation, or
- (b) in relation to a trade or profession carried on by a person in partnership with other persons, the occurrence of an event treated under section 246(4) of ITTOIA 2005 (basic meaning of “*post-cessation receipt*”) as a person permanently ceasing to carry on a trade or profession.
- (1B) In the case of a trade carried on by a company, any reference to the permanent discontinuance of a trade includes a reference to the occurrence of an event treated under section 337(1) below as a discontinuance or treated under section 18 of ITTOIA 2005 (companies beginning or ceasing to carry on trade) as the company permanently ceasing to carry on the trade.
- (1C) In the case of a UK property business carried on by a person other than a company, any reference to the permanent discontinuance of a UK property business includes a reference to—
- (a) a person permanently ceasing to carry on a UK property business, or
- (b) in relation to a UK property business carried on by a person in partnership with other persons, the occurrence of an event treated under section 353(3) of ITTOIA 2005 (basic meaning of “post-cessation receipt”) as a person permanently ceasing to carry on a UK property business.
- (1D) In the case of a UK property business carried on by a company, any reference to the permanent discontinuance of a UK property business includes a reference to the occurrence of an event treated under section 362 of ITTOIA 2005 (companies beginning or ceasing to be within the charge to income tax) as the company permanently ceasing to carry on the business.
- (3) The profits of a trade, profession or vocation in any period shall be treated as computed by reference to earnings where all credits and liabilities accruing during that period as a consequence of its being carried on are brought into account in computing those profits for tax purposes, and not otherwise, and “earnings basis” shall be construed accordingly.
- (4) “*Conventional basis*” has the meaning given by section 103(2), so that profits are computed on a conventional basis if computed otherwise than by reference to earnings.
- (5) There is a change from a conventional basis to the earnings basis at the end of a period the profits of which were computed on a conventional basis if the profits of the next succeeding period are computed by reference to earnings; and, if the profits of two successive periods are computed on different conventional bases, a change of conventional basis occurs at the end of the earlier period.
- (6) In sections 103 and 104—
- (a) “*trading stock*” has the meaning given by section 100(2);
- (b) references to work in progress at the discontinuance of a profession or vocation, and to the transfer of work in progress, are to be construed in accordance with section 101(3); and
- (c) the reference to work in progress at the time of a change of basis is also to be construed in accordance with section 101(3), substituting therein for this purpose references to the change of basis for references to the discontinuance.
### CHAPTER VII — PARTNERSHIPS AND SUCCESSIONS
### General
#### Partnership assessments to income tax
##### 111
- (1) Where a trade or profession is carried on by persons in partnership, the partnership shall not, unless the contrary intention appears, be treated for corporation tax purposes as an entity which is separate and distinct from those persons.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Partnerships controlled abroad
##### 112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect, for income tax, of change in ownership of trade, profession or vocation
##### 113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Partnerships involving companies
#### Special rules for computing profits and losses
##### 114
- (1) So long as a trade profession or business is carried on by persons in partnership, and any of those persons is a company, the profits and losses (including terminal losses) of the trade profession or business shall be computed for the purposes of corporation tax in like manner, and by reference to the like accounting periods, as if the partnership were a company and, subject to section 115(4), as if that company were resident in the United Kingdom, and without regard to any change in the persons carrying on the trade profession or business, except that—
- (a) references to distributions shall not apply; and
- (b) subject to section 116(5), no deduction or addition shall be made for charges on income, or for capital allowances and charges, nor in any accounting period for losses incurred in any other period nor for any expenditure to which section 401(1) applies; and
- (c) a change in the persons engaged in carrying on the trade profession or business shall be treated as the transfer of the trade profession or business to a different company if there continues to be a company so engaged after the change, but not a company that was so engaged before the change.
- (2) A company’s share in the profits or loss of any accounting period of the partnership, or in any matter excluded from the computation by subsection (1)(b) above, shall be determined according to the interests of the partners during that period, and corporation tax shall be chargeable as if that share derived from a trade profession or business carried on by the company alone in its corresponding accounting period or periods; and the company shall be assessed and charged to tax for its corresponding accounting period or periods accordingly.
- In this subsection “*corresponding accounting period or periods*” means the accounting period or periods of the company comprising or together comprising the accounting period of the partnership, and any necessary apportionment shall be made between corresponding accounting periods if more than one.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 114
##### 115
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) So long as a trade, profession or business is carried on by persons in partnership and any of those persons is a company which is not resident in the United Kingdom, section 114 shall have effect in relation to that company as if—
- (a) the reference in subsection (1) to a company resident in the United Kingdom were a reference to a company that is not so resident; and
- (b) in subsection (2), after “carried on” there were inserted “in the United Kingdom through a permanent establishment”.
- (5) Subsections (5A) and (5B) apply if—
- (a) a company resident in the United Kingdom (“*the resident partner*”) is a member of a partnership which resides outside the United Kingdom or which carries on any trade, profession or business the control and management of which is situated outside the United Kingdom, and
- (b) by virtue of any arrangements falling within section 788 (“*the arrangements*”) any of the income or capital gains of the partnership is relieved from corporation tax in the United Kingdom.
- (5A) The arrangements do not affect any liability to corporation tax in respect of the resident partner's share of any income or capital gains of the partnership (and section 114 has effect accordingly).
- (5B) If the resident partner's share of the income of the partnership consists of or includes a share in a qualifying distribution made by a company resident in the United Kingdom, the resident partner (and not the partnership) is, despite the arrangements, entitled to the share of the tax credit in respect of the distribution which corresponds to the partner's share of the distribution (and section 114 has effect accordingly).
- (5C) For the purposes of subsections (5) to (5B) the members of a partnership include any company which is entitled to a share of income or capital gains of the partnership.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) For the purposes of this section and section 114 “profits” shall not be taken as including chargeable gains.
#### Arrangements for transferring relief
##### 116
- (1) The provisions of subsection (2) below shall apply in relation to a company (“the partner company”) which is a member of a partnership carrying on a trade if arrangements are in existence (whether as part of the terms of the partnership or otherwise) whereby—
- (a) in respect of the whole or any part of the value of, or of any portion of, the partner company’s share in the profits or loss of any accounting period of the partnership, another member of the partnership or any person connected with another member of the partnership receives any payment or acquires or enjoys, directly or indirectly, any other benefit in money’s worth; or
- (b) in respect of the whole or any part of the cost of, or of any portion of, the partner company’s share in the loss of any accounting period of the partnership, the partner company or any person connected with that company receives any payment or acquires or enjoys, directly or indirectly, any other benefit in money’s worth, other than a payment in respect of group relief to the partner company by a company which is a member of the same group as the partner company for the purposes of group relief.
- (2) In any case where the provisions of this subsection apply in relation to the partner company—
- (a) the company’s share in the loss of the relevant accounting period of the partnership and its share in any charges on income, within the meaning of section 338, paid by the partnership in that accounting period shall not be available for set-off for the purposes of corporation tax except against its share in the profits of the trade carried on by the partnership; and
- (b) except in accordance with paragraph (a) above, no trading losses shall be available for set-off for the purposes of corporation tax against the company’s share in the profits of the relevant accounting period of the partnership; and
- (c) except in accordance with paragraphs (a) and (b) above, no amount which, apart from this subsection, would be available for relief against profits shall be available for set-off for the purposes of corporation tax against so much of the company’s total profits as consists of its share in the profits of the relevant accounting period of the partnership; and
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In subsection (2) above “*relevant accounting period of the partnership*” means any accounting period of the partnership in which any such arrangements as are specified in subsection (1) above are in existence or to which any such arrangements apply.
- (4) If a company is a member of a partnership and corporation tax in respect of any profits of the partnership is chargeable under Case VI of Schedule D, this section shall apply in relation to the company’s share in the profits or loss of the partnership as if—
- (a) the profits or loss to which the company’s share is attributable were the profits of, or the loss incurred in, a trade carried on by the partnership; and
- (b) any allowance to be given effect under Part 2 of the Capital Allowances Act in respect of a special leasing of plant or machinery were an allowance to be given effect in calculating the profits of that trade.
- (5) For the purposes of this section, subsection (2) of section 114 shall have effect for determining a company’s share in the profits or loss of any accounting period of a partnership as if, in subsection (1)(b) of that section, the words “ or for capital allowances and charges ” were omitted.
- (6) In this section “*arrangements*” means arrangements of any kind whether in writing or not.
- (7) Section 839 shall apply for the purposes of this section.
### Limited partners
#### Restriction on relief: individuals
##### 117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction on relief: companies
##### 118
- (1) An amount which may be given . . . under section 338, 393A(1) or 403 below . . . —
- (a) in respect of a loss incurred by a company in a trade, or of charges paid by a company in connection with the carrying on of a trade, in a relevant accounting period; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may be given . . . to that company (“the partner company”) otherwise than against profits arising from the trade, or to another company, only to the extent that the amount given . . . or (as the case may be) the aggregate amount does not exceed the relevant sum.
- (2) In this section—
- “*limited partner*” means—a company which is carrying on a trade as a limited partner in a limited partnership registered under the Limited Partnerships Act 1907;a company which—is carrying on a trade as a general partner in a partnership;is not entitled to take part in the management of the trade; andis entitled to have its liabilities, or its liabilities beyond a certain limit, for debts or obligations incurred for the purposes of the trade discharged or reimbursed by some other person; ora company which carries on a trade jointly with others and which, under the law of any territory outside the United Kingdom—is not entitled to take part in the management of the trade; andis not liable beyond a certain limit for debts or obligations incurred for the purposes of the trade;
- “*relevant accounting period*” means an accounting period of the partner company at any time during which it carried on the trade as a limited partner . . . ;
- “*the aggregate amount*” means the aggregate of any amounts given . . . to the partner company or another company at any time under section 338, 393A(1) or 403 below . . . —in respect of a loss incurred by the partner company in the trade, or of charges paid by it in connection with carrying it on, in any relevant accounting period; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*the relevant sum*” means the amount of the partner company’s contribution . . . to the trade as at the appropriate time; and
- “*the appropriate time*” is the end of the relevant accounting period in which the loss is incurred or the charges paid or for which the allowance falls to be made (except that where the partner company ceased to carry on the trade during that accounting period it is the time when it so ceased).
- (3) A partner company's contribution to a trade at any time is the aggregate of—
- (a) the amount which the partner company has contributed to the trade as capital and has not, directly or indirectly, drawn out or received back (other than anything which it is or may be entitled so to draw out or receive back at any time when it carries on the trade as a limited partner or which it is or may be entitled to require another person to reimburse to it), and
- (b) the amount of any profits of the trade to which the partner company is entitled but which it has not received in money or money's worth.
### CHAPTER VIII — MISCELLANEOUS AND SUPPLEMENTAL
#### Rent etc. payable in connection with mines, quarries and similar concerns
##### 119
- (1) Where rent is payable in respect of any land or easement, and either—
- (a) the land or easement is used, occupied or enjoyed in connection with any of the concerns specified in section 55(2); or
- (b) the lease or other agreement under which the rent is payable provides for the recoupment of the rent by way of reduction of royalties or payments of a similar nature in the event of the land or easement being so used, occupied or enjoyed,
the rent shall, subject to section 122 and section 201 of the 1992 Act, be charged to corporation tax under Schedule D, . . . .
- (2) Where the rent is rendered in produce of the concern, it shall, . . . , be charged under Case III of Schedule D, and the value of the produce so rendered shall be taken to be the amount of the profits or income arising therefrom.
- (3) For the purposes of this section—
- “*easement*” includes any right, privilege or benefit in, over or derived from land; and
- “*rent*” includes a rent service, rentcharge, fee farm rent . . . or other rent, toll, duty, royalty or annual or periodical payment in the nature of rent, whether payable in money or money’s worth or otherwise.
#### Rent etc. payable in respect of electric line wayleaves
##### 120
- (1) Subject to subsection (1A) below, where rent is payable in respect of any easement enjoyed in the United Kingdom in connection with any electric, telegraphic or telephonic wire or cable (not being such an easement as is mentioned in section 119(1)), the rent shall be charged to corporation tax under Schedule D . . . .
- (1A) If—
- (a) the profits and gains arising to any person for any accounting period include both rent in respect of any such easement as is mentioned in subsection (1) above and amounts which are charged to corporation tax under Schedule A, and
- (b) some or all of the land to which the easement relates is included in the land by reference to which the amounts charged under Schedule A arise,
then, for that period, that rent shall be charged to corporation tax under Schedule A, instead of being charged under Schedule D.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In this section—
- (a) “*easement*” and “*rent*” have the same meanings as in section 119;
- (b) the reference to easements enjoyed in connection with any electric, telegraphic or telephonic wire or cable includes (without prejudice to the generality of that expression) references to easements enjoyed in connection with any pole or pylon supporting any such wire or cable, or with any apparatus (including any transformer) used in connection with any such wire or cable; . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Management expenses of owner of mineral rights
##### 121
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In computing for the purposes of corporation tax the income of a company for any accounting period from the letting of rights to work minerals in the United Kingdom, there may be deducted any sums disbursed by the company wholly, exclusively and necessarily as expenses of management or supervision of those minerals in that period.
#### Relief in respect of mineral royalties
##### 122
- (1) Subject to the following provisions of this section, a company resident in the United Kingdom which in any accounting period is entitled to receive any mineral royalties under a mineral lease or agreement shall be treated—
- (a) . . . for the purposes of corporation tax on profits exclusive of chargeable gains, as if the total of the mineral royalties receivable by it under that lease or agreement in that . . . period and any management expenses available for set-off against those royalties in that . . . period were each reduced by one-half; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and this section shall have effect notwithstanding any provision of section 119(1) making the whole of certain kinds of mineral royalties chargeable to tax under Schedule D . . . .
- (2) For the purposes of subsection (1)(a) above, “*management expenses available for set-off*” against royalties means—
- (a) where section 121 applies in respect of the royalties, any sum . . . deductible from those royalties under subsection (3) of that section in computing the income of a company for the purposes of corporation tax; and
- (b) if the royalties are chargeable to tax under Schedule A, any sums deductible under Part II as payments made in respect of management of the property concerned;
and if neither paragraph (a) nor paragraph (b) above applies, the reference in subsection (1)(a) above to management expenses available for set-off shall be disregarded.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In this section references to mineral royalties refer only to royalties receivable on or after 6th April 1970, and the expression “*mineral royalties*” means so much of any rents, tolls, royalties and other periodical payments in the nature of rent payable under a mineral lease or agreement as relates to the winning and working of minerals; and the Board may by regulations—
- (a) provide whether, and to what extent, payments made under a mineral lease or agreement and relating both to the winning and working of minerals and to other matters are to be treated as mineral royalties; and
- (b) provide for treating the whole of such payments as mineral royalties in cases where the extent to which they relate to matters other than the winning and working of minerals is small.
- (6) In this section—
- “*minerals*” means all minerals and substances in or under land which are ordinarily worked for removal by underground or surface working but excluding water, peat, top-soil and vegetation; and
- “*mineral lease or agreement*” means—a lease, profit à prendre, licence or other agreement conferring a right to win and work minerals in the United Kingdom;a contract for the sale, or a conveyance, of minerals in or under land in the United Kingdom; anda grant of a right under section 1 of the Mines (Working Facilities and Support) Act 1966, other than an ancillary right within the meaning of that Act.
- (7) In the application of this section to Northern Ireland—
- (a) references to mineral royalties include references to periodical payments—
- (i) of compensation under section 29 or 35 of the Mineral Development Act (Northern Ireland) 1969 (“the 1969 Act”) or under section 4 of the Petroleum (Production) Act (Northern Ireland) 1964 (“the 1964 Act”); and
- (ii) made as mentioned in section 37 of the 1969 Act or under section 55(4)(b) of that Act or under section 11 of the 1964 Act (payments in respect of minerals to persons entitled to a share of royalties under section 13(3) of the Irish Land Act 1903); and
- (b) in its application to any such payments as are mentioned in paragraph (a) above, references to the mineral lease or agreement under which mineral royalties are payable shall be construed as references to the enactment under which the payments are made.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign dividends
##### 123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on quoted Eurobonds
##### 124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual payments for non-taxable consideration
##### 125
- (1) Any payment to which this subsection applies . . . shall not be allowed as a deduction in computing the income of the company by which it is made . . . .
- (2) Subject to the following provisions of this section, subsection (1) above applies to any payment which—
- (a) is not interest but is—
- (i) an annuity or other annual payment charged with income tax under Part 5 of ITTOIA 2005 otherwise than as relevant foreign income; or
- (ii) an annuity or other annual payment charged with corporation tax under Case III of Schedule D; and
- (b) is made under a liability incurred for consideration in money or money's worth all or any of which—
- (i) consists of, or of the right to receive, a dividend, or
- (ii) is not required to be brought into account in computing for the purposes of . . . corporation tax the income of the person making the payment.
- (3) Subsection (1) above does not apply to—
- (a) any payment which in the hands of the recipient is income falling within section 627(1) or (2)(a) of ITTOIA 2005;
- (b) any payment made to an individual under a liability incurred in consideration of his surrendering, assigning or releasing an interest in settled property to or in favour of a person having a subsequent interest; or
- (c) any annuity granted in the ordinary course of a business of granting annuities;. . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In the application of this section to Scotland the references in subsection (3) above to settled property shall be construed as references to property held in trust.
- (5) Subsection (1) above applies to a payment made after 5th April 1988 irrespective of when the liability to make it was incurred.
#### Treasury securities issued at a discount
##### 126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Enterprise allowance
##### 127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commodity and financial futures etc.: losses and gains
##### 128
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For the purposes of corporation tax, any gain arising to any company in the course of dealing in financial futures or in qualifying options, which apart from this subsection would constitute profits or gains chargeable to tax under Schedule D otherwise than as the profits of a trade, shall not be chargeable to tax under Case V or VI of Schedule D.
- (3) In this section “*commodity or financial futures*” and “*qualifying options*” have the same meaning as in section 143 of the 1992 Act, and the reference to a gain arising in the course of dealing in commodity or financial futures includes any gain which is regarded as arising in the course of such dealing by virtue of subsection (3) of that section.
#### Stock lending
##### 129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “investment company” for purposes of Part IV
##### 130
In this Part of this Act —
- “*company with investment business*” means any company whose business consists wholly or partly in the making of investments;
- “*investment company*”, means any company whose business consists wholly or mainly in the making of investments and the principal part of whose income is derived therefrom, but includes any savings bank or other bank for savings except any which, for the purposes of the Trustee Savings Bank Act 1985, is a successor or a further successor to a trustee savings bank.
## PART V — PROVISIONS RELATING TO THE SCHEDULE E CHARGE
### CHAPTER I — SUPPLEMENTARY CHARGING PROVISIONS OF GENERAL APPLICATION
### Miscellaneous provisions
#### Chargeable emoluments
##### 131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Place of performance, and meaning of emoluments received in the U.K
##### 132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Voluntary pensions
##### 133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Workers supplied by agencies
##### 134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Shareholdings, loans etc.
#### Gains by directors and employees from share options
##### 135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 135
##### 136
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payment of tax under section 135 by instalments
##### 137
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Share acquisitions by directors and employees
##### 138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 138
##### 139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further interpretation of sections 135 to 139
##### 140
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Vouchers etc.
#### Non-cash vouchers
##### 141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Credit-tokens
##### 142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cash vouchers taxable under P.A.Y.E
##### 143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions
##### 144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Living accommodation
#### Living accommodation provided for employee
##### 145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional charge in respect of certain living accommodation
##### 146
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Occupation of Chevening House
##### 147
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Payments on retirement, sick pay etc.
#### Payments on retirement or removal from office or employment
##### 148
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sick pay
##### 149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Job release scheme allowances, maternity pay and statutory sick pay
##### 150
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Income support etc
##### 151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Notification of amount taxable under section 151
##### 152
- (1) A benefit officer may by notice notify a person who is taxable in respect of any unemployment benefit , Jobseeker’s allowance or income support of the amount on which he is taxable and any such notification shall state the date on which it is issued and shall inform the person to whom it is given that he may object to the notification by notice given within 60 days after the date of issue of the notification.
- (2) Where—
- (a) no objection is made to a notification of an amount under subsection (1) above within the period specified in that subsection (or such further period as may be allowed by virtue of subsection (5) below); or
- (b) an objection is made but is withdrawn by the objector by notice,
that amount shall not be questioned in any appeal against any assessment in respect of income including that amount.
- (3) Where—
- (a) an objection is made to a notification of an amount under subsection (1) above within the period specified in that subsection (or such further period as may be allowed by virtue of subsection (5) below), and
- (b) the benefit officer and the objector come to an agreement that the amount notified should be varied in a particular manner, and
- (c) the officer confirms the agreement to vary in writing,
then, subject to subsection (4) below, that amount as so varied shall not be questioned in any appeal against any assessment in respect of income including that amount.
- (4) Subsection (3) above shall not apply if, within 60 days from the date when the agreement was come to, the objector gives notice to the benefit officer that he wishes to repudiate or resile from the agreement.
- (5) An objection to a notification may be made later than 60 days after the date of the issue of the notification if, on an application for the purpose—
- (a) a benefit officer is satisfied that there was a reasonable excuse for not objecting within that time, and
- (b) the objection was made thereafter without unreasonable delay, and
- (c) the officer gives consent in writing;
and if the officer is not so satisfied he shall refer the application for determination—
- (i) by the General Commissioners for the division in which the objector ordinarily resides or,
- (ii) in a case where an appeal has been made against an assessment in respect of income including the amount in question, the General Commissioners or the Special Commissioners having jurisdiction in that appeal.
- (6) Where a benefit officer has notified an amount to a person under subsection (1) above, he may by another notice notify the person of an alteration in the amount previously notified and, if he does so, the original notification shall be cancelled and this section shall apply to such a subsequent notification as it applies to the original notification.
- (7) In this section “*benefit officer*” means the appropriate officer, in Great Britain, of the Department for Work and Pensions, or, in Northern Ireland, of the Department of Health and Social Services.
### CHAPTER II — EMPLOYEES EARNING £8,500 OR MORE AND DIRECTORS
### Expenses
#### Payments in respect of expenses
##### 153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Benefits in kind
#### General charging provision
##### 154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from the general charge
##### 155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cash equivalents of benefits charged under section 154
##### 156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cars available for private use
##### 157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Car fuel
##### 158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pooled cars
##### 159
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Beneficial loan arrangements
##### 160
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from section 160
##### 161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employee shareholdings
##### 162
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses connected with living accommodation
##### 163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Director’s tax paid by employer
##### 164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scholarships
##### 165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### General supplementary provisions
#### Notice of nil liability under this Chapter
##### 166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “director’s or higher-paid employment”
##### 167
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other interpretative provisions
##### 168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — PROFIT-RELATED PAY
### Preliminary
#### Interpretation
##### 169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of profit-related pay
##### 170
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The relief
#### Relief from tax
##### 171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from tax
##### 172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Registration
#### Persons who may apply for registration
##### 173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Excluded employments
##### 174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Applications for registration
##### 175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Registration
##### 176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change of scheme employer
##### 177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cancellation of registration
##### 178
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Administration
#### Recovery of tax from scheme employer
##### 179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annual returns etc
##### 180
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other information
##### 181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals
##### 182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary
#### Partnerships
##### 183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Independent accountants
##### 184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — OTHER EXEMPTIONS AND RELIEFS
### Share option and profit sharing schemes
#### Approved share option schemes
##### 185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Approved profit sharing schemes
##### 186
- (1) The provisions of this section apply where, after 5th April 1979 and before 1st January 2003, the trustees of an approved profit sharing scheme appropriate shares—
- (a) which have previously been acquired by the trustees, and
- (b) as to which the conditions in Part II of Schedule 9 are fulfilled,
to an individual who participates in the scheme (“the participant”).
- (2) Notwithstanding that, by virtue of such an appropriation of shares as is mentioned in subsection (1) above, the beneficial interest in the shares passes to the participant to whom they are appropriated—
- (a) the value of the shares at the time of the appropriation shall be treated as not being income of his chargeable to tax under Schedule E; and
- (b) he shall not be chargeable to income tax under that Schedule by virtue of section 78 or 79 of the Finance Act 1988 in respect of the shares or by virtue of section 162 in any case where the shares are appropriated to him at an undervalue within the meaning of that section.
- (3) Subject to the provisions of this section and paragraph 4 of Schedule 10, if, in respect of or by reference to any of a participant’s shares, the trustees become or the participant becomes entitled, before the release date, to receive any money or money’s worth (“a capital receipt”), . . . the appropriate percentage (determined as at the time the trustees become or the participant becomes so entitled) of so much of the amount or value of the receipt as exceeds the appropriate allowance for that year, as determined under subsection (12) below counts as employment income of the participant for the year of assessment in which the entitlement arises.
- (4) If the trustees dispose of any of a participant’s shares at any time before the release date or, if it is earlier, the date of the participant’s death, then, subject to subsections (6) and (7) below, . . . the appropriate percentage of the locked-in value of the shares at the time of the disposal counts as employment income of the participant for the year of assessment in which the disposal takes place.
- (5) Subject to paragraphs 5 and 6(6) of Schedule 10, the locked-in value of a participant’s shares at any time is—
- (a) if prior to that time he has become entitled to a capital receipt (within the meaning of subsection (3) above) which is referable to those shares and—
- (i) an amount calculated by reference to that capital receipt counts as his employment income by virtue of subsection (3) above, or
- (ii) if the entitlement to the capital receipt arose before 6th April 2003, he was chargeable to income tax by virtue of that subsection (as it had effect before that date) in respect of that capital receipt,
the amount by which their initial market value exceeds the amount or value of that capital receipt or, if there has been more than one such receipt, the aggregate of them; and
- (b) in any other case, their initial market value.
- (6) Subject to subsection (7) below, if, on a disposal of shares falling within subsection (4) above, the proceeds of the disposal are less than the locked-in value of the shares at the time of the disposal, subsection (4) above shall have effect as if that locked-in value were reduced to an amount equal to the proceeds of the disposal.
- (7) If, at any time prior to the disposal of any of a participant’s shares, a payment was made to the trustees to enable them to exercise rights arising under a rights issue, then, subject to subsection (8) below, subsections (4) and (6) above shall have effect as if the proceeds of the disposal were reduced by an amount equal to that proportion of that payment or, if there was more than one, of the aggregate of those payments which, immediately before the disposal, the market value of the shares disposed of bore to the market value of all the participant’s shares held by the trustees at that time.
- (8) For the purposes of subsection (7) above—
- (a) no account shall be taken of any payment to the trustees if or to the extent that it consists of the proceeds of a disposal of rights arising under a rights issue; and
- (b) in relation to a particular disposal the amount of the payment or, as the case may be, of the aggregate of the payments referred to in that subsection shall be taken to be reduced by an amount equal to the total of the reduction (if any) previously made under that subsection in relation to earlier disposals;
and any reference in subsection (7) or paragraph (a) above to the rights arising under a rights issue is a reference to rights conferred in respect of a participant’s shares, being rights to be allotted, on payment, other shares or securities or rights of any description in the same company.
- (9) If at any time the participant’s beneficial interest in any of his shares is disposed of, the shares in question shall be treated for the purposes of the relevant provisions as having been disposed of at that time by the trustees for (subject to subsection (10) below) the like consideration as was obtained for the disposal of the beneficial interest; and for the purposes of this subsection there is no disposal of the participant’s beneficial interest if and at the time when—
- (a) in England and Wales or Northern Ireland, that interest becomes vested in any person on the insolvency of the participant or otherwise by operation of law, or
- (b) in Scotland, that interest becomes vested in a judicial factor, in a trustee on the participant’s sequestrated estate or in a trustee for the benefit of the participant’s creditors.
- (10) If—
- (a) a disposal of shares falling within subsection (4) above is a transfer to which paragraph 2(2)(c) of Schedule 9 applies, or
- (b) any other disposal falling within that subsection is not at arm’s length,
- (c) a disposal of shares falling within that subsection is one which is treated as taking place by virtue of subsection (9) above and takes place within the period of retention,
then for the purposes of the relevant provisions the proceeds of the disposal shall be taken to be equal to the market value of the shares at the time of the disposal.
- (11) Where the trustees of an approved scheme acquire any shares as to which the requirements of Part II of Schedule 9 are fulfilled and, within the period of 18 months beginning with the date of their acquisition, those shares are appropriated in accordance with the scheme, section 686 shall not apply to income consisting of dividends on those shares received by the trustees; and, for the purpose of determining whether any shares are appropriated within that period, shares which were acquired at an earlier time shall be taken to be appropriated before shares of the same class which were acquired at a later time.
- (12) For the purposes of subsection (3) above, “*the appropriate allowance*”, in relation to any year of assessment, means a sum which, subject to a maximum of £60, is the product of multiplying £20 by 1 plus the number of years which fall within the period of three years immediately preceding the year in question and in which shares were appropriated to the participant under the scheme; and if in any year (and before the release date) the trustees become or the participant becomes entitled, in respect of or by reference to any of his shares, to more than one capital receipt, the receipts shall be set against the appropriate allowance for that year in the order in which they are received.
- (13) Schedule 10 shall have effect with respect to profit sharing schemes.
#### Interpretation of sections 185 and 186 and Schedules 9 and 10
##### 187
- (1) In sections 185 and 186, this section and Schedules 9 and 10 “*the relevant provisions*” means those sections (including this section) and Schedules.
- (2) For the purposes of the relevant provisions, except where the context otherwise requires—
- “*appropriate percentage*” shall be construed in accordance with paragraph 3 of Schedule 10;
- “*approved*”, in relation to a scheme, means approved under Schedule 9;
- “*associated company*” has the same meaning as in section 416, except that, for the purposes of paragraph 23 of Schedule 9, subsection (1) of that section shall have effect with the omission of the words “ or at any time within one year previously ”;
- “*bonus date*” has the meaning given by paragraph 17 of Schedule 9;
- “*capital receipt*” means money or money’s worth to which the trustees of or a participant in a profit sharing scheme become or becomes entitled as mentioned in section 186(3), but subject to paragraph 4 of Schedule 10;
- “*certified contractual savings scheme*” has the meaning given by section 326;
- “*control*” has the same meaning as in section 840;
- “*grantor*”, in relation to any scheme, means the company which has established the scheme;
- “*group scheme*” and, in relation to such a scheme, “*participating company*” have the meanings given by paragraph 1(3) and (4) of Schedule 9;
- “*initial market value*”, in relation to shares in a profit sharing scheme, has the meaning given by paragraph 30(4) of Schedule 9;
- “*locked-in value*”, in relation to any shares, shall be construed in accordance with section 186(5);
- “*market value*” has the same meaning as in Part VIII of the 1992 Act;
- “*new holding*” has the meaning given by section 126(1)(b) of the 1992 Act;
- “*participant*”, in relation to a profit sharing scheme, means an individual to whom the trustees of the scheme have appropriated shares;
- “*participant’s shares*”, in relation to a participant in a profit sharing scheme, means, subject to paragraph 5(4) of Schedule 10, shares which have been appropriated to the participant by the trustees;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*period of retention*” has the meaning given by paragraph 2 of Schedule 10;
- “*release date*”, in relation to any of the shares of a participant in a profit sharing scheme, means the third anniversary of the date on which they were appropriated to him;
- “*relevant amount*”, in relation to a participant in a profit sharing scheme, means an amount which is not less than £3,000 and not more than £8,000 but which, subject to that, is 10 per cent. of his salary (determined under subsection (5) below) for the year of assessment in question or the preceding year of assessment, whichever is the greater;
- “*relevant requirements*” has the meaning given by paragraph 1 of Schedule 9;
- “*savings-related share option scheme*” has the meaning given by paragraph 1 of Schedule 9;
- “*scheme*” means a savings-related share option scheme, a share option scheme which is not a savings-related share option scheme or a profit sharing scheme, as the context may require;
- “*shares*” includes stock;
- “*specified age*”, in relation to a scheme, means the age specified in pursuance of paragraph 8A of Schedule 9 as the specified age for the purposes of the scheme;
- “*the trustees*”, in relation to an approved profit sharing scheme or the shares of a participant in such a scheme, means the body of persons for the establishment of which the scheme must provide as mentioned in paragraph 30 of Schedule 9; and
- “*just instrument*”, in relation to an approved profit sharing scheme, means the instrument referred to in paragraph 30(1)(c) of Schedule 9.
- (3) For the purposes of the application of the relevant provisions in relation to any share option scheme or profit sharing scheme, a person has a material interest in a company if he, either on his own or with one or more associates, or if any associate of his with or without such other associates,—
- (a) is the beneficial owner of, or able, directly or through the medium of other companies, or by any other indirect means to control, more than 25 per cent., or in the case of a share option scheme which is not a savings-related share option scheme more than 10 per cent., of the ordinary share capital of the company, or
- (b) where the company is a close company, possesses, or is entitled to acquire, such rights as would, in the event of the winding-up of the company or in any other circumstances, give an entitlement to receive more than 25 per cent., or in the case of a share option scheme which is not a savings-related share option scheme more than 10 per cent., of the assets which would then be available for distribution among the participators.
- In this subsection “*associate*” has the meaning given by section 417(3) and (4) and “*participator*” has the meaning given by section 417(1).
- (4) Subsection (3) above shall have effect subject to the provisions of Part VI of Schedule 9.
- (5) For the purposes of subsection (2) above, a participant’s salary for a year of assessment means such of the emoluments of the office or employment by virtue of which he is entitled to participate in a profit sharing scheme as are liable to be paid in that year under deduction of tax pursuant to section 203 after deducting therefrom amounts included by virtue of Chapter II of this Part.
- (6) Section 839 shall apply for the purposes of the relevant provisions.
- (7) For the purposes of the relevant provisions a company is a member of a consortium owning another company if it is one of a number of companies which between them beneficially own not less than three-quarters of the other company’s ordinary share capital and each of which beneficially owns not less than one-twentieth of that capital.
- (8) Where the disposal referred to in section 186(4) is made from a holding of shares which were appropriated to the participant at different times, then, in determining for the purposes of the relevant provisions—
- (a) the initial market value and the locked-in value of each of those shares, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) Any of the relevant provisions with respect to—
- (a) the order in which any of a participant’s shares are to be treated as disposed of for the purposes of those provisions, or
- (b) the shares in relation to which an event is to be treated as occurring for any such purpose,
shall have effect in relation to a profit sharing scheme notwithstanding any direction given to the trustees with respect to shares of a particular description or to shares appropriated to the participant at a particular time.
- (10) In the relevant provisions “*workers’ cooperative*” means a registered industrial and provident society, within the meaning of section 486, which is a cooperative society and the rules of which include provisions which secure—
- (a) that the only persons who may be members of it are those who are employed by, or by a subsidiary of, the society and those who are the trustees of its profit sharing scheme; and
- (b) that, subject to any provision about qualifications for membership which is from time to time made by the members of the society by reference to age, length of service or other factors of any description, all such persons may be members of the society;
and in this subsection “*cooperative society*” has the same meaning as in section 1 of the Industrial and Provident Societies Act 1965 or, as the case may be, the Industrial and Provident Societies Act (Northern Ireland) 1969.
### Retirement benefits etc.
#### Exemptions from section 148
##### 188
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lump sum benefits on retirement
##### 189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments to Members of Parliament, Representatives to the European Parliament and others
##### 190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Job release scheme allowances not to be treated as income
##### 191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Foreign emoluments and earnings, pensions and certain travel facilities
#### Relief from tax for foreign emoluments
##### 192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign earnings and travel expenses
##### 193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other foreign travel expenses
##### 194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Travel expenses of employees not domiciled in the United Kingdom
##### 195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign pensions
##### 196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leave travel facilities for the armed forces
##### 197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Other expenses, subscriptions etc.
#### Relief for necessary expenses
##### 198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses necessarily incurred and defrayed from official emoluments
##### 199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses of Members of Parliament
##### 200
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fees and subscriptions to professional bodies, learned societies etc
##### 201
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Donations to charity: payroll deduction scheme
##### 202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — ASSESSMENT, COLLECTION, RECOVERY AND APPEALS
#### Pay as you earn
##### 203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### P.A.Y.E repayments
##### 204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Assessments unnecessary in certain circumstances
##### 205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional provision for certain assessments
##### 206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disputes as to domicile or ordinary residence
##### 207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART VI — COMPANY DISTRIBUTIONS, TAX CREDITS ETC
### CHAPTER I — TAXATION OF COMPANY DISTRIBUTIONS
#### U.K. company distributions not generally chargeable to corporation tax
##### 208
Except as otherwise provided by the Corporation Tax Acts, corporation tax shall not be chargeable on dividends and other distributions of a company resident in the United Kingdom, nor shall any such dividends or distributions be taken into account in computing income for corporation tax.
### CHAPTER II — MATTERS WHICH ARE DISTRIBUTIONS FOR THE PURPOSES OF THE CORPORATION TAX ACTS
#### Meaning of “distribution”
##### 209
- (1) The following provisions of this Chapter, together with section 418, shall, subject to any express exceptions, have effect with respect to the meaning of “distribution” and for determining the persons to whom certain distributions are to be treated as made, but references in the Corporation Tax Acts to distributions of a company shall not apply to distributions made in respect of share capital in a winding up.
- (1A) If a company making a distribution as part of a merger to which section 140E or section 140F of the 1992 Act (cross-border mergers) applies ceases to exist in the course of the merger (without being wound up), the distribution shall be treated for the purposes of subsection (1) as a distribution in respect of share capital in a winding up.
- (2) In the Corporation Tax Acts “*distribution*”, in relation to any company, means—
- (a) any dividend paid by the company, including a capital dividend;
- (b) subject to subsections (5) and (6) below, any other distribution out of assets of the company (whether in cash or otherwise) in respect of shares in the company, except so much of the distribution, if any, as represents repayment of capital on the shares or is, when it is made, equal in amount or value to any new consideration received by the company for the distribution;
- (c) subject to section 230, any redeemable share capital or any security issued by the company in respect of shares in or securities of the company otherwise than wholly for new consideration, or such part of any redeemable share capital or any security so issued as is not properly referable to new consideration;
- (d) any interest or other distribution out of assets of the company in respect of securities of the company, where they are securities under which the consideration given by the company for the use of the principal thereby secured represents more than a reasonable commercial return for the use of that principal, except so much, if any, of any such distribution as represents that principal and so much as represents a reasonable commercial return for the use of that principal;
- (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) any interest or other distribution out of assets of the company in respect of securities of the company (except so much, if any, of any such distribution as represents the principal thereby secured and except so much of any distribution as falls within paragraph (d) . . . above), where the securities are—
- (i) securities issued as mentioned in paragraph (c) above, but excluding securities issued before 6th April 1965 in respect of shares and securities issued before 6th April 1972 in respect of securities; or
- (ii) securities convertible directly or indirectly into shares in the company or securities issued after 5th April 1972 and carrying any right to receive shares in or securities of the company, not being (in either case) securities listed on a recognised stock exchange nor issued on terms which are reasonably comparable with the terms of issue of securities so listed; or
- (iii) securities under which the consideration given by the company for the use of the principal secured is to any extent dependent on the results of the company’s business or any part of it; or
- (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (vi) securities which are connected with shares in the company, and for this purpose securities are so connected if, in consequence of the nature of the rights attaching to the securities or shares and in particular of any terms or conditions attaching to the right to transfer the shares or securities, it is necessary or advantageous for a person who has, or disposes of or acquires, any of the securities also to have, or to dispose of or to acquire, a proportionate holding of the shares or;
- (vii) equity notes issued by the company (“*the issuing company*”) and held by a company which is associated with the issuing company or is a funded company;
- (f) any such amount as is required to be treated as a distribution by subsection (4) below or section 210.
- (3) Without prejudice to section 254(11), no amount shall be regarded for the purposes of subsection (2)(d) . . . and (e) above as representing the principal secured by a security issued after 5th April 1972 in so far as it exceeds any new consideration which has been received by the company for the issue of the security.
- (3A) Where any security of a company is issued at a premium representing new consideration—
- (a) the references in subsection (2)(d) . . . and (e) above to so much of any distribution as represents, or is an amount representing, the principal secured by a security shall be construed, in relation to a distribution in respect of the security issued at a premium, as references to the aggregate of—
- (i) so much of the distribution as represents, or is an amount representing, that principal, and
- (ii) so much of it as represents, or is an amount representing, the premium;
- (b) the reference in subsection (2)(d) above to so much of any distribution as represents a reasonable commercial return for the use of the principal secured by a security shall be construed, in relation to a distribution in respect of the security issued at a premium, as a reference to the aggregate of—
- (i) so much of the distribution as represents a reasonable commercial return for the use of that principal, and
- (ii) so much of it as (when regard is had to the extent to which distributions represent the premium) represents a reasonable commercial return for the use of the premium.
- (3AA) If, in the case of any security issued by a company, the amount of new consideration received by the company for the issue of the security exceeds the amount of the principal secured by the security—
- (a) the amount of the principal so secured shall be treated for the purposes of paragraph (d) of subsection (2) above as increased to the amount of the new consideration so received; and
- (b) subsection (3A) above, so far as relating to that paragraph, shall not have effect in relation to the security;
but this subsection is subject to sections 209A and 209B.
- (3B) For the purposes of subsection (2)(e)(iii) above the consideration given by the company for the use of the principal secured shall not be treated as being to any extent dependent on the results of the company’s business or any part of it by reason only of the fact that the terms of the security provide—
- (a) for the consideration to be reduced in the event of the results improving, or
- (b) for the consideration to be increased in the event of the results deteriorating.
- (4) Where on a transfer of assets or liabilities by a company to its members or to a company by its members, the amount or value of the benefit received by a member (taken according to its market value) exceeds the amount or value (so taken) of any new consideration given by him, the company shall, subject to subsections (5) and (6) below, be treated as making a distribution to him of an amount equal to the difference.
- (5) Subsection (4) above shall not apply where the company and the member receiving the benefit are both resident in the United Kingdom and either the former is a subsidiary of the latter or both are subsidiaries of a third company also so resident; and any amount which would apart from this subsection be a distribution shall not constitute a distribution by virtue of subsection (2)(b) above.
- (6) No transfer of assets (other than cash) or of liabilities between one company and another shall constitute, or be treated as giving rise to, a distribution by virtue of subsection (2)(b) or (4) above if they are companies—
- (a) both of which are resident in the United Kingdom and neither of which is a 51 per cent. subsidiary of a company not so resident; and
- (b) which, neither at the time of the transfer nor as a result of it, are under common control.
- (7) The question whether one body corporate is a subsidiary of another for the purpose of subsection (5) above shall be determined as a question whether it is a 51 per cent. subsidiary of that other, except that that other shall be treated as not being the owner—
- (a) of any share capital which it owns directly in a body corporate, if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) of any share capital which it owns indirectly, and which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt; or
- (c) of any share capital which it owns directly or indirectly in a body corporate not resident in the United Kingdom.
- (8) For the purposes of subsection (2)(c) above—
- (a) the value of any redeemable share capital shall be taken to be the amount of the share capital together with any premium payable on redemption, or in a winding up, or in any other circumstances; and
- (b) the value of any security shall be taken to be the amount of the principal thereby secured (including any premium payable at maturity or in a winding up, or in any other circumstances);
and in determining the amount of the distribution constituted by the issue of any redeemable share capital or any security, the capital or security shall be taken at that value.
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) For the purposes of subsection (2)(e)(vii) above a security is an equity note if as regards the whole of the principal or as regards any part of it—
- (a) the security’s terms contain no particular date by which it is to be redeemed,
- (b) under the security’s terms the date for redemption, or the latest date for redemption, falls after the expiry of the permitted period,
- (c) under the security’s terms redemption is to occur after the expiry of the permitted period if a particular event occurs and the event is one which (judged at the time of the security’s issue) is certain or likely to occur, or
- (d) the issuing company can secure that there is no particular date by which the security is to be redeemed or that the date for redemption falls after the expiry of the permitted period;
and the permitted period is the period of 50 years beginning with the date of the security’s issue.
- (10) For the purposes of subsection (2)(e)(vii) above and subsection (11) below a company is associated with the issuing company if—
- (a) the issuing company is a 75 per cent. subsidiary of the other company,
- (b) the other company is a 75 per cent. subsidiary of the issuing company, or
- (c) both are 75 per cent. subsidiaries of a third company.
- (11) For the purposes of subsection (2)(e)(vii) above a company is a funded company if there are arrangements involving the company being put in funds (directly or indirectly) by the issuing company or a company associated with the issuing company.
#### Bonus issue following repayment of share capital
##### 210
- (1) Where a company—
- (a) repays any share capital or has done so at any time after 6th April 1965, and
- (b) at or after the time of that repayment issues any share capital as paid up otherwise than by the receipt of new consideration,
the amount so paid up shall, except as provided by any provision of the Corporation Tax Acts, be treated as a distribution made in respect of the shares on which it is paid up, except in so far as that amount exceeds the amount or aggregate amount of share capital so repaid less any amounts previously so paid up and treated by virtue of this subsection as distributions.
- (2) Subsection (1) above shall not apply where the repaid share capital consists of fully paid preference shares—
- (a) if those shares existed as issued and fully paid preference shares on 6th April 1965 and throughout the period from that date until the repayment those shares continued to be fully paid preference shares, or
- (b) if those shares were issued after 6th April 1965 as fully paid preference shares wholly for new consideration not derived from ordinary shares and throughout the period from their issue until the repayment those shares continued to be fully paid preference shares.
- (3) Except in relation to a company within paragraph D of section 704, subsection (1) above shall not apply if the issue of share capital mentioned in paragraph (b) of that subsection—
- (a) is of share capital other than redeemable share capital; and
- (b) takes place after 5th April 1973 and more than ten years after the repayment of share capital mentioned in paragraph (a) of that subsection.
- (4) In this section—
- “*ordinary shares*” means shares other than preference shares;
- “*preference shares*” means shares—which do not carry any right to dividends other than dividends at a rate per cent. of the nominal value of the shares which is fixed, andwhich carry rights in respect of dividends and capital which are comparable with those general for fixed-dividend shares included in the official UK list; and
- “*new consideration not derived from ordinary shares*” means new consideration other than consideration—consisting of the surrender, transfer or cancellation of ordinary shares of the company or any other company or consisting of the variation of rights in ordinary shares of the company or any other company, orderived from a repayment of share capital paid in respect of ordinary shares of the company or of any other company.
#### Matters to be treated or not to be treated as repayments of share capital
##### 211
- (1) Where—
- (a) a company issues any share capital as paid up otherwise than by the receipt of new consideration, or has done so after 6th April 1965; and
- (b) any amount so paid up does not fall to be treated as a qualifying distribution or, where the issue took place before 6th April 1973, did not fall to be treated as a distribution;
then, except as otherwise provided by any provision of the Corporation Tax Acts, for the purposes of sections 209 and 210, distributions afterwards made by the company in respect of shares representing that share capital shall not be treated as repayments of share capital, except to the extent to which those distributions, together with any relevant distributions previously so made, exceed the amounts so paid up (then or previously) on such shares after 6th April 1965 and not falling to be treated as qualifying distributions or, where the share capital was issued before 6th April 1973, as distributions.
- (2) Except in relation to a company within paragraph D of section 704, subsection (1) above shall not prevent a distribution being treated as a repayment of share capital if it is made—
- (a) more than ten years after the issue of share capital mentioned in paragraph (a) of that subsection; and
- (b) in respect of share capital other than redeemable share capital.
- (3) In subsection (1) above “*relevant distribution*” means so much of any distribution made in respect of shares representing the relevant share capital as apart from that subsection would be treated as a repayment of share capital, but by virtue of that subsection cannot be so treated.
- (4) For the purposes of subsection (1) above all shares of the same class shall be treated as representing the same share capital, and where shares are issued in respect of other shares, or are directly or indirectly converted into or exchanged for other shares, all such shares shall be treated as representing the same share capital.
- (5) Where share capital is issued at a premium representing new consideration, the amount of the premium is to be treated as forming part of that share capital for the purpose of determining under this Chapter whether any distribution made in respect of shares representing the share capital is to be treated as a repayment of share capital.
- (6) Subsection (5) above shall not have effect in relation to any part of the premium after that part has been applied in paying up share capital.
- (7) Subject to subsection (5) above, premiums paid on redemption of share capital are not to be treated as repayments of capital.
### CHAPTER III — MATTERS WHICH ARE NOT DISTRIBUTIONS FOR THE PURPOSES OF THE CORPORATION TAX ACTS
### Payments of interest
#### Interest etc. paid in respect of certain securities
##### 212
- (1) Any interest or other distribution—
- (a) which is paid out of the assets of a company (“the borrower”) to another company which is within the charge to corporation tax; and
- (b) which is so paid in respect of securities of the borrower which fall within . . . any of sub-paragraphs (i) to (iii) and (vi) and (vii) of paragraph (e) of section 209(2); and
- (c) which does not fall within paragraph (d) of section 209(2),
shall not be a distribution for the purposes of the Corporation Tax Acts unless the application of this subsection is excluded by subsection (2) or (3) below.
- (2) Subsection (1) above does not apply in the case of any interest or other distribution which is paid in respect of a security of the borrower falling within section 209(2)(e)(iii) if—
- (a) the principal secured does not exceed £100,000; and
- (b) the borrower is under an obligation to repay the principal and interest before the expiry of the period of five years beginning on the date on which the principal was paid to the borrower; and
- (c) that obligation either was entered into before 9th March 1982 or was entered into before 1st July 1982 pursuant to negotiations which were in progress on 9th March 1982; and
- (d) where the period for repayment of either principal or interest is extended after 8th March 1982 (but paragraph (b) above still applies), the interest or other distribution is paid within the period which was applicable immediately before that date;
and for the purposes of paragraph (c) above negotiations shall not be regarded as having been in progress on 9th March 1982 unless, before that date, the borrower had applied to the lender for a loan and had supplied the lender with any documents required by him to support the application.
- (3) . . . Subsection (1) above does not apply in a case where the company to which the interest or other distribution is paid is entitled under any enactment, other than section 208, to an exemption from tax in respect of that interest or distribution . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Demergers
#### Exempt distributions
##### 213
- (1) The provisions of this section and sections 214 to 218 have effect for facilitating certain transactions whereby trading activities carried on by a single company or group are divided so as to be carried on by two or more companies not belonging to the same group or by two or more independent groups.
- (2) References in the Corporation Tax Acts to distributions of a company shall not apply to any distribution—
- (a) which falls within subsection (3) below, and
- (b) in respect of which the conditions specified in subsections (4) to (12) below are satisfied;
and any such distribution is referred to in this section as an “exempt distribution”.
- (3) The following distributions fall within this subsection—
- (a) a distribution consisting of the transfer to all or any of its members by a company (“the distributing company”) of shares in one or more companies which are its 75 per cent. subsidiaries;
- (b) a distribution consisting of the transfer by a company (“the distributing company”) to one or more other companies (“the transferee company or companies”) of—
- (i) a trade or trades; or
- (ii) shares in one or more companies which are 75 per cent. subsidiaries of the distributing company,
and the issue of shares by the transferee company or companies to all or any of the members of the distributing company;
and in this section and sections 214 to 217 references to a relevant company are to the distributing company, to each subsidiary whose shares are transferred as mentioned in paragraph (a) or (b) (ii) above and to each transferee company mentioned in paragraph (b) above.
- (4) Each relevant company must be resident in the United Kingdom at the time of the distribution.
- (5) The distributing company must at the time of the distribution be either a trading company or a member of a trading group and each subsidiary whose shares are transferred as mentioned in subsection (3)(a) or (b)(ii) above must at that time be either a trading company or the holding company of a trading group.
- (6) In a case within subsection (3)(a) above—
- (a) the shares must not be redeemable, must constitute the whole or substantially the whole of the distributing company’s holding of the ordinary share capital of the subsidiary and must confer the whole or substantially the whole of the distributing company’s voting rights in the subsidiary; and
- (b) subject to subsections (7) and (12)(b) below, the distributing company must after the distribution be either a trading company or the holding company of a trading group.
- (7) Subsection (6)(b) above does not apply if the transfer relates to two or more 75 per cent. subsidiaries of the distributing company and that company is dissolved without there having been after the distribution any net assets of the company available for distribution in a winding up or otherwise.
- (8) In a case within subsection (3)(b) above—
- (a) if a trade is transferred the distributing company must either not retain any interest or retain only a minor interest in that trade;
- (b) if shares in a subsidiary are transferred those shares must constitute the whole or substantially the whole of the distributing company’s holding of the ordinary share capital of the subsidiary and must confer the whole or substantially the whole of the distributing company’s voting rights in the subsidiary;
- (c) the only or main activity of the transferee company or each transferee company after the distribution must be the carrying on of the trade or the holding of the shares transferred to it;
- (d) the shares issued by the transferee company or each transferee company must not be redeemable, must constitute the whole or substantially the whole of its issued ordinary share capital and must confer the whole or substantially the whole of the voting rights in that company; and
- (e) subject to subsections (9) and (12)(b) below, the distributing company must after the distribution be either a trading company or the holding company of a trading group.
- (9) Subsection (8)(e) above does not apply if there are two or more transferee companies each of which has a trade or shares in a separate 75 per cent. subsidiary of the distributing company transferred to it and the distributing company is dissolved without there having been after the distribution any net assets of the company available for distribution in a winding up or otherwise.
- (10) The distribution must be made wholly or mainly for the purpose of benefiting some or all of the trading activities which before the distribution are carried on by a single company or group and after the distribution will be carried on by two or more companies or groups.
- (11) The distribution must not form part of a scheme or arrangements the main purpose or one of the main purposes of which is—
- (a) the avoidance of tax (including stamp duty or stamp duty land tax); or
- (b) without prejudice to paragraph (a) above, the making of a chargeable payment, as defined by section 214, or what would be such a payment if any of the companies mentioned in that section were an unquoted company; or
- (c) the acquisition by any person or persons other than members of the distributing company of control of that company, of any other relevant company or of any company which belongs to the same group as any such company; or
- (d) the cessation of a trade or its sale after the distribution.
- In paragraph (c) above “*group*” means a company which has one or more 51 per cent. subsidiaries together with that or those subsidiaries.
- (12) Where the distributing company is a 75 per cent. subsidiary of another company—
- (a) the group (or, if more than one, the largest group) to which the distributing company belongs at the time of the distribution must be a trading group;
- (b) subsections (6)(b) and (8)(e) above shall not apply; and
- (c) the distribution must be followed by one or more other distributions falling within subsection (3)(a) or (b)(ii) above which satisfy the conditions of this section and result in members of the holding company of the group (or, if more than one, the largest group) to which the distributing company belonged at the time of the distribution becoming members of—
- (i) the transferee company or each transferee company to which a trade was transferred by the distributing company; or
- (ii) the subsidiary or each subsidiary whose shares were transferred by the distributing company; or
- (iii) a company (other than that holding company) of which the company or companies mentioned in sub-paragraph (i) or (ii) above are 75 per cent. subsidiaries.
#### Chargeable payments connected with exempt distributions
##### 214
- (1) If within five years after the making of an exempt distribution there is a chargeable payment—
- (a) the amount or value of the payment shall be treated as income . . . ;
- (ab) that income shall be chargeable to tax;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the payment shall be regarded as a distribution for the purposes of section 337A(1) ; and
- (d) the payment shall not (if it otherwise would) be treated as a repayment of capital for the purposes of section 210 or 211.
- (1A) Income tax chargeable by virtue of subsection (1) shall be charged on the full amount or value of the payment made in the year of assessment; and the person liable for any tax so charged is the person receiving or entitled to the payment.
- (1B) Corporation tax chargeable by virtue of subsection (1) shall be charged under Case VI of Schedule D.
- (2) In this section “*a chargeable payment*” means any payment made otherwise than for bona fide commercial reasons or forming part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax (including stamp duty or stamp duty land tax), being a payment which—
- (a) a company concerned in an exempt distribution makes directly or indirectly to a member of that company or of any other company concerned in that distribution; and
- (b) is made in connection with, or with any transaction affecting, the shares in that or any such company; and
- (c) is not a distribution or exempt distribution or made to another company which belongs to the same group as the company making the payment.
- (3) Where a company concerned in an exempt distribution is an unquoted company subsection (2)(a) above shall have effect as if any reference to the making of a payment by, or to a member of, a company concerned in the exempt distribution included a reference to the making of a payment by or to any other person in pursuance of a scheme or arrangements made with the unquoted company or, if the unquoted company is—
- (a) under the control of five or fewer persons; and
- (b) not under the control of (and only of) a company which is not itself under the control of five or fewer persons,
with any of the persons mentioned in paragraph (a) above.
- (4) References in this section to a company concerned in an exempt distribution are to any relevant company and to any other company which was connected with any such company for the whole or any part of the period beginning with the exempt distribution and ending with the making of the payment which is in question under this section.
- (5) For the purposes of subsection (4) above and this subsection a company shall be deemed to have been connected in the period referred to in that subsection with each company to which a company connected with it was connected in that period.
- (6) References in this section to a payment include references to a transfer of money’s worth including the assumption of a liability.
#### Advance clearance by Board of distributions and payments
##### 215
- (1) A distribution shall be treated as an exempt distribution in any case in which, before the distribution is made, the Board have, on the application of the distributing company, notified that company that the Board are satisfied that it will be such a distribution.
- (2) A payment shall not be treated as a chargeable payment in any case in which, before the payment is made, the Board have, on the application of the person intending to make it, notified him that they are satisfied that it will be made for bona fide commercial reasons and will not form part of any scheme or arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax (including stamp duty or stamp duty land tax).
- (3) A company which becomes or ceases to be connected with another company may make an application under subsection (2) above as respects any payments that may be made by it at any time after becoming or ceasing to be so connected (whether or not there is any present intention to make any payments); and where a notification is given by the Board on such an application no payment to which the notification relates shall be treated as a chargeable payment by reason only of the company being or having been connected with the other company.
- (4) References in subsections (2) and (3) above to a payment shall be construed as in section 214.
- (5) Any application under this section shall be in writing and shall contain particulars of the relevant transactions and the Board may, within 30 days of the receipt of the application or of any further particulars previously required under this subsection, by notice require the applicant to furnish further particulars for the purposes of enabling the Board to make their decision; and if any such notice is not complied with within 30 days or such longer period as the Board may allow, the Board need not proceed further on the application.
- (6) The Board shall notify their decision to the applicant within 30 days of receiving the application or, if they give a notice under subsection (5) above, within 30 days of the notice being complied with.
- (7) If the Board notify the applicant that they are not satisfied as mentioned in subsection (1) or (2) above or do not notify their decision to the applicant within the time required by subsection (6) above, the applicant may within 30 days of the notification or of that time require the Board to transmit the application, together with any notice given and further particulars furnished under subsection (5) above, to the Special Commissioners; and in that event any notification by the Special Commissioners shall have effect for the purposes of this section as if it were a notification by the Board.
- (8) If any particulars furnished under this section do not fully and accurately disclose all facts and circumstances material for the decision of the Board or the Special Commissioners, any resulting notification that the Board or Commissioners are satisfied as mentioned in subsection (1) or (2) above shall be void.
#### Returns
##### 216
- (1) Where a company makes an exempt distribution it shall within 30 days after the distribution make a return to the inspector giving particulars of the distribution and of the circumstances by reason of which it is exempt.
- (2) Where within five years after the making of an exempt distribution a person makes a chargeable payment which consists of a transfer of money’s worth, he shall within 30 days after the transfer make a return to the inspector giving particulars—
- (a) of the transaction effecting the transfer;
- (b) of the name and address of the recipient or each recipient and the value of what is transferred to him or each of them; and
- (c) if the transfer is accompanied by a chargeable payment consisting of a payment of money, of that payment.
- (3) Subject to subsection (4) below, where within five years after the making of an exempt distribution a person makes a payment or a transfer of money’s worth which would be a chargeable payment but for the fact that it is made for bona fide commercial reasons and does not form part of any such scheme or arrangements as are mentioned in section 214(2), that person shall within 30 days after making the payment or transfer make a return to the inspector giving particulars—
- (a) in the case of a transfer, of the transaction by which it is effected;
- (b) of the name and address of the recipient or each recipient and the amount of the payment made, or the value of what is transferred, to him or each of them; and
- (c) of the circumstances by reason of which the payment or transfer is not a chargeable payment.
- (4) Subsection (3) above does not apply where the payment or transfer is one in relation to which a notification under section 215(3) has effect.
#### Information
##### 217
- (1) Where a distribution falling within section 213(3) has been made and the inspector has reason to believe that it may form part of any such scheme or arrangements as are mentioned in section 213(11), he may by notice require any relevant company or any person controlling any such company to furnish him within such time, not being less than 30 days, as may be specified in the notice with—
- (a) a declaration in writing stating whether or not, according to information which the company or that person has or can reasonably obtain, any such scheme or arrangements exist or have existed;
- (b) such other information as the inspector may reasonably require for the purposes of section 213(11) and the company or that person has or can reasonably obtain.
- (2) If the inspector has reason to believe that a person has not delivered an account or made a return which he is required to deliver or make—
- (a) by virtue of section 216(2) or (3), in respect of any payment or transfer, or
- (b) by virtue of any of sections 949(2), 950(2) and 963(2) of ITA 2007, in respect of a payment to which section 928 of that Act (chargeable payments connected with exempt distributions) applies,
he may by notice require that person to furnish him within such time, not being less than 30 days, as may be specified in the notice with such information relating to the payment or transfer as he may reasonably require for the purposes of section 214 of this Act or section 928 of ITA 2007 or Chapter 15 (collection: deposit-takers, building societies and certain companies) or Chapter 16 (collection: certain payments by other persons) of Part 15 of that Act.
- (3) If the inspector has reason to believe that a payment or transfer has been made within five years after the making of an exempt distribution and that the payment or transfer is a chargeable payment by reason of the existence of any such scheme or arrangements as are mentioned in section 214(3), he may by notice require the person making the payment or transfer or, if that person is a company, any person controlling it to furnish him within such time, not being less than 30 days, as may be specified in the notice with—
- (a) a declaration in writing stating whether or not, according to information which that person has, or can reasonably obtain, any such scheme or arrangements exist or have existed;
- (b) such other information as the inspector may reasonably require for the purposes mentioned in subsection (2) and that person has or can reasonably obtain.
- (4) Any recipient of a chargeable payment and any person on whose behalf such a payment is received shall, if so required by the inspector, state whether the payment received by him or on his behalf is received on behalf of any person other than himself and, if so, the name and address of that person.
#### Interpretation of sections 213 to 217
##### 218
- (1) In sections 213 to 217—
- “*chargeable payment*” has the meaning given by section 214(2);
- “*control*” shall be construed in accordance with section 416(2) to (6);
- “*distributing company*” means a company to which section 213(3)(b) or 213A(1)(a) applies;
- “*exempt distribution*” means a distribution falling within section 213(2) or 213A;
- “*group*”, except in section 213(11)(c), means a company which has one or more 75 per cent. subsidiaries together with that or those subsidiaries;
- “*holding company*” means a company whose business (disregarding any trade carried on by it) consists wholly or mainly of the holding of shares or securities of one or more companies which are its 75 per cent. subsidiaries;
- “member”, where the reference is to a member of a company, does not, except in section 214(2)(a), include a person who is a member otherwise than by virtue of holding shares forming part of the company’s ordinary share capital;
- “*relevant company*” means a company falling within section 213(3) or 213A(3);
- “*shares*” includes stock;
- “*trade*”, except in subsection (3) below, does not include dealing in shares, securities, land, trades or commodity futures and “*trading activities*” shall be construed accordingly;
- “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
- “*trading group*” means a group the business of whose members, taken together, consists wholly or mainly in the carrying on of a trade or trades; and
- “*unquoted company*” means a company which does not satisfy the condition that its shares or some class thereof (disregarding debenture or loan stock, preferred shares or preferred stock) are listed in the Official List of the Stock Exchange and are dealt in on the Stock Exchange regularly or from time to time, so however that this definition does not apply to a company under the control of (and only of) one or more companies to which this definition does not apply.
- (2) In determining for the purposes of section 213(3) to (9) whether a company whose shares are transferred by the distributing company is a 75 per cent. subsidiary of the distributing company there shall be disregarded any share capital of the first-mentioned company which is owned indirectly by the distributing company.
- (3) In determining for the purposes of sections 213 to 217 whether one company is a 75 per cent. subsidiary of another, the other company shall be treated as not being the owner of—
- (a) any share capital which it owns directly in a body corporate if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) any share capital which it owns indirectly and which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt.
- (4) Section 839 applies for the purposes of sections 213 to 217.
### Purchase of own shares
#### Purchase by unquoted trading company of own shares
##### 219
- (1) References in the Corporation Tax Acts to distributions of a company shall not include references to a payment made by a company on the redemption, repayment or purchase of its own shares if the company is an unquoted trading company or the unquoted holding company of a trading group and either—
- (a) the redemption, repayment or purchase is made wholly or mainly for the purpose of benefiting a trade carried on by the company or by any of its 75 per cent. subsidiaries, and does not form part of a scheme or arrangement the main purpose or one of the main purposes of which is—
- (i) to enable the owner of the shares to participate in the profits of the company without receiving a dividend, or
- (ii) the avoidance of tax; and
the conditions specified in sections 220 to 224, so far as applicable, are satisfied in relation to the owner of the shares; or
- (b) the whole or substantially the whole of the payment (apart from any sum applied in paying capital gains tax charged on the redemption, repayment or purchase) is applied by the person to whom it is made in discharging a liability of his for inheritance tax charged on a death and is so applied within the period of two years after the death;
and in sections 220 to 224—
- “*the purchase*” means the redemption, repayment or purchase referred to in subsection (1)(a) above; and
- “*the vendor*” means the owner of the shares at the time it is made.
- (2) Where, apart from this subsection, a payment falls within subsection (1)(b) above, subsection (1) above shall not apply to the extent that the liability in question could without undue hardship have been discharged otherwise than through the redemption, repayment or purchase of shares in the company or another unquoted company which is a trading company or the holding company of a trading group.
#### Conditions as to residence and period of ownership
##### 220
- (1) The vendor must be resident and ordinarily resident in the United Kingdom in the year of assessment in which the purchase is made and if the shares are held through a nominee the nominee must also be so resident and ordinarily resident.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The residence and ordinary residence of personal representatives shall be taken for the purposes of this section to be the same as the residence and ordinary residence of the deceased immediately before his death.
- (4) The references in this section to a person’s ordinary residence shall be disregarded in the case of a company.
- (5) The shares must have been owned by the vendor throughout the period of five years ending with the date of the purchase.
- (6) If at any time during that period the shares were transferred to the vendor by a person who was then his spouse or civil partner living with him then, unless that person is alive at the date of the purchase but is no longer the vendor’s spouse or civil partner living with him, any period during which the shares were owned by that person shall be treated for the purposes of subsection (5) above as a period of ownership by the vendor.
- (7) Where the vendor became entitled to the shares under the will or on the intestacy of a previous owner or is the personal representative of a previous owner—
- (a) any period during which the shares were owned by the previous owner or his personal representatives shall be treated for the purposes of subsection (5) above as a period of ownership by the vendor, and
- (b) that subsection shall have effect as if it referred to three years instead of five.
- (8) In determining whether the condition in subsection (5) above is satisfied in a case where the vendor acquired shares of the same class at different times—
- (a) shares acquired earlier shall be taken into account before shares acquired later, and
- (b) any previous disposal by him of shares of that class shall be assumed to be a disposal of shares acquired later rather than of shares acquired earlier.
- (9) If for the purposes of capital gains tax the time when shares were acquired would be determined under any provision of Chapter II of Part IV of the 1992 Act (reorganisation of share capital, conversion of securities, etc.) then, unless the shares were allotted for payment or were comprised in share capital to which section 249 applies, it shall be determined in the same way for the purposes of this section.
#### Reduction of vendor’s interest as shareholder
##### 221
- (1) If immediately after the purchase the vendor owns shares in the company, then, subject to section 224, the vendor’s interest as a shareholder must be substantially reduced.
- (2) If immediately after the purchase any associate of the vendor owns shares in the company then, subject to section 224, the combined interests as shareholders of the vendor and his associates must be substantially reduced.
- (3) The question whether the combined interests as shareholders of the vendor and his associates are substantially reduced shall be determined in the same way as is (under the following subsections) the question whether a vendor’s interest as a shareholder is substantially reduced, except that the vendor shall be assumed to have the interests of his associates as well as his own.
- (4) Subject to subsection (5) below, the vendor’s interest as a shareholder shall be taken to be substantially reduced if and only if the total nominal value of the shares owned by him immediately after the purchase, expressed as a fraction of the issued share capital of the company at that time, does not exceed 75 per cent. of the corresponding fraction immediately before the purchase.
- (5) The vendor’s interest as a shareholder shall not be taken to be substantially reduced where—
- (a) he would, if the company distributed all its profits available for distribution immediately after the purchase, be entitled to a share of those profits, and
- (b) that share, expressed as a fraction of the total of those profits, exceeds 75 per cent. of the corresponding fraction immediately before the purchase.
- (6) In determining for the purposes of subsection (5) above the division of profits among the persons entitled to them, a person entitled to periodic distributions calculated by reference to fixed rates or amounts shall be regarded as entitled to a distribution of the amount or maximum amount to which he would be entitled for a year.
- (7) In subsection (5) above “*profits available for distribution*” has the same meaning as it has for the purposes of Part 23 of the Companies Act 2006, except that for the purposes of that subsection the amount of the profits available for distribution (whether immediately before or immediately after the purchase) shall be treated as increased—
- (a) in the case of every company, by £100, and
- (b) in the case of a company from which any person is entitled to periodic distributions of the kind mentioned in subsection (6) above, by a further amount equal to that required to make the distribution to which he is entitled in accordance with that subsection;
and where the aggregate of the sums payable by the company on the purchase and on any contemporaneous redemption, repayment or purchase of other shares of the company exceeds the amount of the profits available for distribution immediately before the purchase, that amount shall be treated as further increased by an amount equal to the excess.
- (8) References in this section to entitlement are, except in the case of trustees and personal representatives, references to beneficial entitlement.
#### Conditions applicable where purchasing company is member of group
##### 222
- (1) Subject to section 224, where the company making the purchase is immediately before the purchase a member of a group and—
- (a) immediately after the purchase the vendor owns shares in one or more other members of the group (whether or not he then owns shares in the company making the purchase), or
- (b) immediately after the purchase the vendor owns shares in the company making the purchase and immediately before the purchase he owned shares in one or more other members of the group,
the vendor’s interest as a shareholder in the group must be substantially reduced.
- (2) In subsections (5) to (7) below “*relevant company*” means the company making the purchase and any other member of the group in which the vendor owns shares immediately before or immediately after the purchase, but subject to subsection (4) below.
- (3) Subject to section 224, where the company making the purchase is immediately before the purchase a member of a group and at that time an associate of the vendor owns shares in any member of the group, the combined interests as shareholders in the group of the vendor and his associates must be substantially reduced.
- (4) The question whether the combined interests as shareholders in the group of the vendor and his associates are substantially reduced shall be determined in the same way as is (under the following subsections) the question whether a vendor’s interest as a shareholder in a group is substantially reduced, except that the vendor shall be assumed to have the interests of his associates as well as his own (and references in subsections (5) to (7) below to a relevant company shall be construed accordingly).
- (5) The vendor’s interest as a shareholder in the group shall be ascertained by—
- (a) expressing the total nominal value of the shares owned by him in each relevant company as a fraction of the issued share capital of the company,
- (b) adding together the fractions so obtained, and
- (c) dividing the result by the number of relevant companies (including any in which he owns no shares).
- (6) Subject to subsection (7) below, the vendor’s interest as a shareholder in the group shall be taken to be substantially reduced if and only if it does not exceed 75 per cent. of the corresponding interest immediately before the purchase.
- (7) The vendor’s interest as a shareholder in the group shall not be taken to be substantially reduced if—
- (a) he would, if every member of the group distributed all its profits available for distribution immediately after the purchase (including any profits received by it on a distribution by another member), be entitled to a share of the profits of one or more of them, and
- (b) that share, or the aggregate of those shares, expressed as a fraction of the aggregate of the profits available for distribution of every member of the group which is—
- (i) a relevant company, or
- (ii) a 51 per cent. subsidiary of a relevant company,
exceeds 75 per cent. of the corresponding fraction immediately before the purchase.
- (8) Subsections (6) and (7) of section 221 shall apply for the purposes of subsection (7) above as they apply for the purposes of subsection (5) of that section.
- (9) Subject to the following subsections, in this section “*group*” means a company which has one or more 51 per cent. subsidiaries, but is not itself a 51 per cent. subsidiary of any other company, together with those subsidiaries.
- (10) Where the whole or a significant part of the business carried on by an unquoted company (“the successor company”) was previously carried on by—
- (a) the company making the purchase, or
- (b) a company which is (apart from this subsection) a member of a group to which the company making the purchase belongs, the successor company and any company of which it is a 51 per cent. subsidiary shall be treated as being a member of the same group as the company making the purchase (whether or not, apart from this subsection, the company making the purchase is a member of a group).
- (11) Subsection (10) above shall not apply if the successor company first carried on the business there referred to more than three years before the time of the purchase.
- (12) For the purposes of this section a company which has ceased to be a 51 per cent. subsidiary of another company before the time of the purchase shall be treated as continuing to be such a subsidiary if at that time there exist arrangements under which it could again become such a subsidiary.
#### Other conditions
##### 223
- (1) Subject to section 224, the vendor must not immediately after the purchase be connected with the company making the purchase or with any company which is a member of the same group as that company.
- In this subsection “*group*” has the same meaning as it has for the purposes of section 222.
- (2) Subject to section 224, the purchase must not be part of a scheme or arrangement which is designed or likely to result in the vendor or any associate of his having interests in any company such that, if he had those interests immediately after the purchase, any of the conditions in sections 221 and 222 and subsection (1) above could not be satisfied.
- (3) A transaction occurring within one year after the purchase shall be deemed for the purposes of subsection (2) above to be part of a scheme or arrangement of which the purchase is also part.
#### Relaxation of conditions in certain cases
##### 224
Where—
- (a) any of the conditions in sections 221 to 223 which are applicable are not satisfied in relation to the vendor, but
- (b) he proposed or agreed to the purchase in order that the condition in section 221(2) or 222(3) could be satisfied in respect of the redemption, repayment or purchase of shares owned by a person of whom he is an associate,
then, to the extent that that result is produced by virtue of the purchase, section 219(1)(a) shall have effect as if the conditions in sections 221 to 223 were satisfied in relation to the vendor.
#### Advance clearance of payments by Board
##### 225
- (1) A payment made by a company on the redemption, repayment or purchase of its own shares shall be deemed—
- (a) to be one to which section 219 applies if, before it is made, the Board have on the application of the company notified the company that they are satisfied that the section will apply; and
- (b) to be one to which section 219 does not apply if, before it is made, the Board have on the application of the company notified the company that they are satisfied that the section will not apply.
- (2) An application under this section shall be in writing and shall contain particulars of the relevant transactions; and the Board may, within 30 days of the receipt of the application or of any further particulars previously required under this subsection, by notice require the applicant to furnish further particulars for the purpose of enabling the Board to make their decision.
- (3) If a notice under subsection (2) above is not complied with within 30 days or such longer period as the Board may allow, the Board need not proceed further on the application.
- (4) The Board shall notify their decision to the applicant within 30 days of receiving the application or, if they give a notice under subsection (2) above, within 30 days of the notice being complied with.
- (5) If particulars furnished under this section do not fully and accurately disclose all facts and circumstances material for the decision of the Board, any resulting notification by the Board shall be void.
#### Returns and information
##### 226
- (1) A company which treats a payment made by it as one to which section 219 applies shall within 60 days after making the payment make a return to the inspector giving particulars of the payment and of the circumstances by reason of which that section is regarded as applying to it.
- (2) Where a company treats a payment made by it as one to which section 219(1)(a) applies, any person connected with the company who knows of any such scheme or arrangement affecting the payment as is mentioned in section 223(2) shall, within 60 days after he first knows of both the payment and the scheme or arrangement, give a notice to the inspector containing particulars of the scheme or arrangement.
- (3) Where the inspector has reason to believe that a payment treated by the company making it as one to which section 219(1)(a) applies may form part of a scheme or arrangement of the kind referred to therein or in section 223(2), he may by notice require the company or any person who is connected with the company to furnish him within such time, not being less than 60 days, as may be specified in the notice with—
- (a) a declaration in writing stating whether or not, according to information which the company or that person has or can reasonably obtain, any such scheme or arrangement exists or has existed, and
- (b) such other information as the inspector may reasonably require for the purposes of the provision in question and the company or that person has or can reasonably obtain.
- (4) The recipient of a payment treated by the company making it as one to which section 219 applies, and any person on whose behalf such a payment is received, shall if so required by the inspector state whether the payment received by him or on his behalf is received on behalf of any person other than himself and, if so, the name and address of that person.
#### Associated persons
##### 227
- (1) Any question whether a person is an associate of another in relation to a company shall be determined for the purposes of sections 219 to 226 and 228 in accordance with the following provisions of this section.
- (2) A husband and wife living together , or civil partners of each other living together, are associates of one another, a person under the age of 18 is an associate of his parents, and his parents are his associates.
- (3) A person connected with a company is an associate of the company and of any company controlled by it, and the company and any company controlled by it are his associates.
- (4) Where a person connected with one company has control of another company, the second company is an associate of the first.
- (5) Where shares in a company are held by the trustees of a settlement then in relation to that company, but subject to subsection (8) below, the trustees are associates of—
- (a) any person who directly or indirectly provided property to the trustees or has made a reciprocal arrangement for another to do so,
- (b) any person who is, by virtue of subsection (2) above, an associate of a person within paragraph (a) above, and
- (c) any person who is or may become beneficially entitled to a significant interest in the shares;
and any such person is an associate of the trustees.
- (6) Where shares in a company are comprised in the estate of a deceased person, then in relation to that company the deceased’s personal representatives are associates of any person who is or may become beneficially entitled to a significant interest in the shares, and any such person is an associate of the personal representatives.
- (7) Where one person is accustomed to act on the directions of another in relation to the affairs of a company, then in relation to that company the two persons are associates of one another.
- (8) Subsection (5) above shall not apply to shares held on trusts which—
- (a) relate exclusively to a registered pension scheme, or
- (b) are exclusively for the benefit of the employees, or the employees and directors, of the company referred to in that subsection or of companies in a group to which that company belongs, or their dependants (and are not wholly or mainly for the benefit of directors or their relatives);
and for the purposes of this subsection “*group*” means a company which has one or more 51 per cent. subsidiaries, together with those subsidiaries.
- (9) For the purposes of subsections (5) and (6) above a person’s interest is significant if its value exceeds 5 per cent. of the value of all the the settled property or, as the case may be, comprised in the estate concerned, excluding any property in which he is not and cannot become beneficially entitled to an interest.
#### Connected persons
##### 228
- (1) Any question whether a person is connected with a company shall be determined for the purposes of sections 219 to 227 in accordance with the following provisions of this section.
- (2) A person is connected with a company if he directly or indirectly possesses or is entitled to acquire more than 30 per cent. of—
- (a) the issued ordinary share capital of the company, or
- (b) the loan capital and issued share capital of the company, or
- (c) the voting power in the company.
- (3) Where a person—
- (a) acquired or became entitled to acquire loan capital of a company in the ordinary course of a business carried on by him, being a business which includes the lending of money, and
- (b) takes no part in the management or conduct of the company,
his interest in that loan capital shall be disregarded for the purposes of subsection (2) above.
- (4) A person is connected with a company if he directly or indirectly possesses or is entitled to acquire such rights as would, in the event of the winding up of the company or in any other circumstances, entitle him to receive more than 30 per cent. of the assets of the company which would then be available for distribution to equity holders of the company; and for the purposes of this subsection—
- (a) the persons who are equity holders of the company, and
- (b) the percentage of the assets of the company to which a person would be entitled,
shall be determined in accordance with paragraphs 1 and 3 of Schedule 18, taking references in paragraph 3 to the first company as references to an equity holder and references to a winding up as including references to any other circumstances in which assets of the company are available for distribution to its equity holders.
- (5) A person is connected with a company if he has control of it.
- (6) References in this section to the loan capital of a company are references to any debt incurred by the company—
- (a) for any money borrowed or capital assets acquired by the company, or
- (b) for any right to receive income created in favour of the company, or
- (c) for consideration the value of which to the company was (at the time when the debt was incurred) substantially less than the amount of the debt (including any premium thereon).
- (7) For the purposes of this section a person shall be treated as entitled to acquire anything which he is entitled to acquire at a future date or will at a future date be entitled to acquire.
- (8) For the purposes of this section a person shall be assumed to have the rights or powers of his associates as well as his own.
#### Other interpretative provisions
##### 229
- (1) In sections 219 to 228—
- “*control*” has the meaning given by section 840;
- “*holding company*” means a company whose business (disregarding any trade carried on by it) consists wholly or mainly of the holding of shares or securities of one or more companies which are its 75 per cent. subsidiaries;
- “*personal representatives*” means persons responsible for administering the estate of a deceased person;
- “*quoted company*” means a company whose shares (or any class of whose shares) are listed in the official list of a stock exchange;
- “*shares*” includes stock;
- “*trade*” does not include dealing in shares, securities, land or futures and “*trading activities*” shall be construed accordingly;
- “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
- “*trading group*” means a group the business of whose members, taken together, consists wholly or mainly of the carrying on of a trade or trades, and for this purpose “*group*” means a company which has one or more 75 per cent. subsidiaries together with those subsidiaries; and
- “*unquoted company*” means a company which is neither a quoted company nor a 51 per cent. subsidiary of a quoted company.
- (2) References in sections 219 to 228 to the owner of shares are references to the beneficial owner except where the shares are settled property or are comprised in the estate of a deceased person, and in such a case are references to the trustees of the settlement or, as the case may be, to the deceased’s personal representatives.
- (3) References in sections 219 to 228 to a payment made by a company include references to anything else that is, or would but for section 219 be, a distribution.
### Stock dividends
#### Stock dividends: distributions
##### 230
Any share capital to which section 249 applies and which is issued by a company . . . in a case where section 410(2), (3) or (4) of ITTOIA 2005 applies—
- (a) shall, notwithstanding section 209(2)(c), not constitute a distribution within the meaning of section 209(2); and
- (b) for purposes of sections 210 and 211 shall not be treated as issued “as paid up otherwise than by the receipt of new consideration”.
### CHAPTER IV — TAX CREDITS
#### Tax credits for certain recipients of qualifying distributions
##### 231
- (1) Subject to sections 231AA and 231AB of this Actand section 219(4B) of the Finance Act 1994,for corporation tax purposes where a company resident in the United Kingdom makes a qualifying distribution and the person receiving the distribution is another such company . . . , the recipient of the distribution shall be entitled to a tax credit equal to such proportion of the amount or value of the distribution as corresponds to the tax credit fraction in force when the distribution is made.
- (1A) The tax credit fraction is one-ninth.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a distribution mentioned in subsection (1) above is, or falls to be treated as, or under any provision of the Tax Acts is deemed to be, the income of a person other than the recipient, that person shall be treated for the purposes of this section as receiving the distribution (and accordingly the question whether that person is entitled to a tax credit in respect of it shall be determined by reference to where that person, and not the actual recipient, is resident);*and where any such distribution is income of a United Kingdom trust the trustees shall be entitled to a tax credit in respect of it if no other person falls to be treated for the purposes of this section as receiving the distribution*.
- (5) *In subsection* (4)*above “*United Kingdom trust*” means a trust administered under the law of any part of the United Kingdom, not being a trust the general administration of which is ordinarily carried on outside the United Kingdom and the trustees, or a majority of the trustees, of which are resident or ordinarily resident outside the United Kingdom*.
#### Tax credits for non-U.K. residents
##### 232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of certain recipients of distributions and in respect of non-qualifying distributions
##### 233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information relating to distributions
##### 234
- (1) Without prejudice to section 234A. . . , a company which makes a qualifying distribution shall, if the recipient so requests in writing, furnish to him a statement in writing showing the amount or value of the distribution and (whether or not the recipient is a person entitled to a tax credit in respect of the distribution) the amount of the tax credit to which a recipient who is such a person is entitled in respect of that distribution.
- (2) The duty imposed by subsection (1) above shall be enforceable at the suit or instance of the person requesting the information.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Where a company makes a distribution which is not a qualifying distribution it shall make a return to the inspector—
- (a) within 14 days from the end of the accounting period in which the distribution is made; or
- (b) if the distribution is made on a date not falling in an accounting period, within 14 days from that date.
- (6) A return under subsection (5) above shall contain—
- (a) particulars of the transaction giving rise to the distribution; and
- (b) the name and address of the person, or each of the persons, receiving the distribution, and the amount or value of the distribution received by him or by each of them.
- (7) Where it is not in the circumstances apparent whether a transaction gives rise to a distribution in respect of which a return is required to be made under subsection (5) above, the company shall—
- (a) within the time within which such a return would be required to be made if the transaction did give rise to such a distribution, make a return to the inspector containing particulars of the transaction in question; and
- (b) if required by a notice served on the company by the inspector, furnish him within the time specified in the notice with such further information in relation to the transaction as he may reasonably require.
- (8) If it appears to the inspector that particulars of any transaction ought to have been and have not been included in a return under subsection (5) or (7) above, he may by a notice served on the company require the company to furnish him within the time specified in the notice with such information relating thereto as he may reasonably require.
- (9) Any power which the inspector may exercise under paragraphs 2 to 4 of Schedule 12 to the Finance Act 1989 for the purposes of the relevant provisions (as defined in paragraph 1 of that Schedule) may be exercised by him for the purposes of subsections (5) to (8) above.
#### Distributions of exempt funds etc
##### 235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 235
##### 236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of reliefs in respect of bonus issues
##### 237
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — ADVANCE CORPORATION TAX AND FRANKED INVESTMENT INCOME
#### Interpretation of terms and collection of ACT
##### 238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of ACT against liability to corporation tax
##### 239
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of company’s surplus ACT against subsidiary’s liability to corporation tax
##### 240
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Calculation of ACT where company receives franked investment income
##### 241
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of losses etc. against surplus of franked investment income
##### 242
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of loss brought forward, or terminal loss
##### 243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further provisions relating to claims under section 242 or 243
##### 244
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Calculation etc. of ACT on change of ownership of company
##### 245
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge of ACT at previous rate until new rate fixed, and changes of rate
##### 246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — MISCELLANEOUS AND SUPPLEMENTAL
### Group income
#### Dividends etc. paid by one member of a group to another
##### 247
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 247
##### 248
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Stock dividends
#### Stock dividends treated as income
##### 249
- (1) Subject to subsections (8) and (9) below, this section applies (and accordingly section 230 above and section 410 of ITTOIA 2005 apply) to any of the following share capital, that is to say—
- (a) any share capital issued by a company resident in the United Kingdom in consequence of the exercise by any person of an option conferred on him to receive in respect of shares in the company (whether the last-mentioned shares were issued before or after the coming into force of this section) either a dividend in cash or additional share capital; and
- (b) any bonus share capital issued by a company so resident in respect of any shares in the company of a relevant class (whether the last-mentioned shares were issued before or after the coming into force of this section).
- (2) For the purposes of subsection (1)(b) above a class of shares is a relevant class if—
- (a) shares of that class carry the right to receive bonus share capital in the company of the same or a different class; and
- (b) that right is conferred by the terms on which shares of that class were originally issued or by those terms as subsequently extended or otherwise varied.
- (3) Where a company issues any share capital in a case in which two or more persons are entitled thereto, the following provisions of this section*and paragraph* 12(1)*to* (3)*of Schedule* 19 shall have effect as if the company had issued to each of those persons separately a part of that share capital proportionate to his interest therein on the due date of issue.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Where, in a case within section 410(2), (3) or (4) of ITTOIA 2005, the share capital in question is issued in respect of shares in the company issued before 6th April 1975 which confer on the holder a right to convert or exchange them into or for shares of a different class, this section shall not apply to so much (if any) of any bonus share capital issued by the company after 5th April 1976 in connection with an exercise of that right as would have been issued if that right had been exercised so as to effect the conversion or exchange of the shares on the earliest possible date after 5th April 1975; . . . .
- (9) Where any bonus share capital falling within subsection (1)(b) above is after 5th April 1975 converted into or exchanged for shares in the company in question of a different class, then—
- (a) this section shall not apply to any shares in the company issued, in connection with the conversion or exchange, in consideration of the cancellation, extinguishment or acquisition by the company of that bonus share capital; but
- (b) section 230(a) and (b) shall apply to any shares in the company issued, in connection with the conversion or exchange, in consideration of the cancellation, extinguishment or acquisition by the company of so much of that bonus share capital as caused income to be treated as arising to an individual as a result of section 410(2) of ITTOIA 2005 on the due date of issue (or would have done so if the case had been one in which an individual was beneficially entitled to that share capital).
#### Returns
##### 250
- (1) A company shall for each of its accounting periods make, in accordance with this section, returns to the inspector of all share capital to which section 249 applies (“relevant share capital”) and which was issued by it in that period.
- (2) A return shall be made for—
- (a) each complete quarter falling within the accounting period, that is to say, each of the periods of three months ending with 31st March, 30th June, 30th September or 31st December which falls within that period;
- (b) each part of the accounting period which is not a complete quarter and ends on the first (or only), or begins immediately after the last (or only), of those dates which falls within the accounting period;
- (c) if none of those dates falls within the accounting period, the whole accounting period.
- (3) A return for any period for which a return is required to be made under this section (a “return period”) shall be made within 30 days from the end of that period.
- (4) No return need be made under this section by a company for any period in which it has issued no relevant share capital.
- (5) The return made by a company for any return period shall state—
- (a) the date on which any relevant share capital issued by it in the period was issued and, if different, the date on which the company was first required to issue it;
- (b) particulars of the terms on which any such share capital so issued by it was issued; and
- (c) what is, in relation to any such share capital so issued, the cash equivalent of the share capital in accordance with section 412 of ITTOIA 2005.
- (6) If it appears to the inspector that a company ought to have, but has not, made a return for any return period, he may (notwithstanding subsection (4) above) by notice require the company to make a return for that period within such time (not being less than 30 days) as may be specified in the notice; and a return required to be made under this subsection shall, if such be the case, state that no relevant share capital was issued in the period in question.
- (7) As regards any share capital included in a return made under this section by a company, the inspector may by notice require the company to furnish him within such time (not being less than 30 days) as may be specified in the notice with such further information relating thereto as he may reasonably require for the purposes of sections 230 and 249, this section and section 251 . . . of this Act or Chapter 5 of Part 4 of ITTOIA 2005.
#### Interpretation of sections 249 and 250
##### 251
- (1) For the purposes of sections 249 and 250 —
- (a) “*bonus share capital*”, in relation to a company, means share capital issued by the company otherwise than wholly for new consideration or such part of any share capital so issued as is not properly referable to new consideration;
- (b) “*due date of issue*”, in relation to any share capital issued by a company, means the earliest date on which the company was required to issue that share capital;
- (c) an option to receive either a dividend in cash or additional share capital is conferred on a person not only where he is required to choose one or the other, but also where he is offered the one subject to a right, however expressed, to choose the other instead, and a person’s abandonment of, or failure to exercise, such a right is to be treated as an exercise of the option;
and in section 254 the definition of “*security*” (in subsection (1)) and subsections (5) and (11) shall not apply.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplemental
#### Rectification of excessive set-off etc. of ACT or tax credit
##### 252
- (1) If an inspector discovers that—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) any set-off or payment of tax credit,
ought not to have been made, or is or has become excessive, the inspector may make any such assessments as may in his judgment be required for recovering any tax that ought to have been paid or any payment of tax credit that ought not to have been made and generally for securing that the resulting liabilities to tax (including interest on unpaid tax) of the persons concerned are what they would have been if only such set-offs or payments had been made as ought to have been made.
- (2) In any case where—
- (a) interest has been paid under section 826 on a payment of tax credit; and
- (b) interest ought not to have been paid on that payment, either at all or to any extent,
an assessment under this section may be made for recovering any interest that ought not to have been paid.
- (3) Where—
- (a) an assessment is made under this section to recover tax credit paid to a company in respect of franked investment income received by the company in an accounting period; and
- (b) more than one payment of tax credit has been made in respect of that period,
any sum recovered shall as far as possible be treated as relating to a payment of tax credit made later rather than to a payment made earlier.
- (4) Subsections (2) and (3) above shall have effect in relation to payments of tax credit claimed in respect of accounting periods ending after such day as may be appointed for the purpose of those subsections by order made by the Treasury, not being earlier than 31st March 1992.
- (5) The Management Act shall apply to any assessment under this section for recovering a payment of tax credit or interest on such a payment as if it were an assessment to income tax for the year of assessment, or in the case of a company, corporation tax for the accounting period, in respect of which the payment was claimed, and as if that payment represented a loss of tax to the Crown; and any sum charged by any such assessment shall, subject to any appeal against the assessment, be due within 14 days after the issue of the notice of assessment.
#### Power to modify or replace section 234(5) to (9) and Schedule 13
##### 253
- (1) The Board may by regulations—
- (a) modify, supplement or replace any of the provisions of subsections (5) to (9) of section 234 for the purpose of requiring companies resident in the United Kingdom to make returns and give information to the inspector in respect of distributions made by them, whether before or after the passing of this Act, which are not qualifying distributions;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and references in this Act and in any other enactment to section 234(5) to (9) . . . shall be construed as including references to any such regulations.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Regulations under this section may—
- (a) make different provision for different descriptions of companies and for different circumstances and may authorise the Board, where in their opinion there are special circumstances justifying it, to make special arrangements as respects . . . the repayment of income tax borne by a company or the payment to a company of amounts in respect of any tax credit to which it is entitled;
- (b) include such transitional and other supplemental provisions as appear to the Board to be expedient or necessary.
- (4) The Board shall not make any regulations under this section unless a draft of them has been laid before and approved by a resolution of the House of Commons.
#### Interpretation of Part VI
##### 254
- (1) In this Part, except where the context otherwise requires—
- “*new consideration*” means, subject to subsections (5) and (6) below, consideration not provided directly or indirectly out of the assets of the company, and in particular does not include amounts retained by the company by way of capitalising a distribution;
- “*security*” includes securities not creating or evidencing a charge on assets, and interest paid by a company on money advanced without the issue of a security for the advance, or other consideration given by a company for the use of money so advanced, shall be treated as if paid or given in respect of a security issued for the advance by the company;
- “*share*” includes stock, and any other interest of a member in a company;
and in this section “*a 90 per cent. group*” means a company and all of its 90 per cent. subsidiaries.
- (2) In this Part, the expressions “*in respect of shares in the company*” and “*in respect of securities of the company*”, in relation to a company which is a member of a 90 per cent. group, mean respectively in respect of shares in that company or any other company in the group and in respect of securities of that company or any other company in the group.
- (3) Without prejudice to section 209(2)(b) as extended by subsection (2) above, in relation to a company which is a member of a 90 per cent. group, “*distribution*” includes anything distributed out of assets of the company (whether in cash or otherwise) in respect of shares in or securities of another company in the group.
- (4) Nothing in subsections (2) and (3) above shall require a company to be treated as making a distribution to any other company which is in the same group and is resident in the United Kingdom.
- (5) Where share capital has been issued at a premium representing new consideration, any part of that premium afterwards applied in paying up share capital shall be treated as new consideration also for that share capital, except in so far as the premium has been taken into account under section 211(5) so as to enable a distribution to be treated as a repayment of share capital.
- (6) Subject to subsection (7) below, no consideration derived from the value of any share capital or security of a company, or from voting or other rights in a company, shall be regarded for the purposes of this Part as new consideration received by the company unless the consideration consists of—
- (a) money or value received from the company as a qualifying distribution;
- (b) money received from the company as a payment which for those purposes constitutes a repayment of that share capital or of the principal secured by the security; or
- (c) the giving up of the right to the share capital or security on its cancellation, extinguishment or acquisition by the company.
- (7) No amount shall be regarded as new consideration by virtue of subsection (6)(b) or (c) above in so far as it exceeds any new consideration received by the company for the issue of the share capital or security in question or, in the case of share capital which constituted a qualifying distribution on issue, the nominal value of that share capital.
- (8) Where two or more companies enter into arrangements to make distributions to each other’s members, all parties concerned (however many) may for the purposes of this Part be treated as if anything done by any one of those companies had been done by any of the others.
- (9) A distribution shall be treated under this Part as made, or consideration as provided, out of assets of a company if the cost falls on the company.
- (10) References in this Part to issuing share capital as paid up apply also to the paying up of any issued share capital.
- (11) Where securities are issued at a price less than the amount repayable on them, and are not listed on a recognised stock exchange, the principal secured shall not be taken for the purposes of this Part to exceed the issue price, unless the securities are issued on terms reasonably comparable with the terms of issue of securities so listed.
- (12) For the purposes of this Part a thing is to be regarded as done in respect of a share if it is done to a person as being the holder of the share, or as having at a particular time been the holder, or is done in pursuance of a right granted or offer made in respect of a share; and anything done in respect of shares by reference to share holdings at a particular time is to be regarded as done to the then holders of the shares or the personal representatives of any share holder then dead.
#### “Gross rate” and “gross amount” of distributions to include ACT
##### 255
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART VII — GENERAL PROVISIONS RELATING TO TAXATION OF INCOME OF INDIVIDUALS
### CHAPTER I — PERSONAL RELIEFS
### The reliefs
#### General
##### 256
- (1) An individual who makes a claim in that behalf or, in the case of relief under section 266, who satisfies the conditions of that section, shall be entitled to such relief as is specified in sections 257 to 274, subject however to the provisions of section 278 and 287 and 288.
- (2) Where under any provision of this Chapter the relief to which a person is entitled for any year of assessment consists in a tax reduction calculated by reference to a specified amount, the amount of the tax reduction is equal to 10 per cent. of the specified amount.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Personal relief
##### 257
- (1) The claimant shall be entitled to a personal allowance of £3,005.
- (2) If the claimant . . . is at any time within the year of assessment of the age of 65 or upwards, he shall be entitled to a personal allowance of £3,670 (instead of the allowance provided for by subsection (1) above).
- (3) If the claimant . . . is at any time within the year of assessment of the age of 75 or upwards, he shall be entitled to a personal allowance of £3,820 (instead of the allowance provided for by subsection (1) or (2) above).
- (4) For the purposes of subsections (2) and (3) above a person who would have been of or over a specified age within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
- (5) In relation to a claimant whose adjusted net income for the year of assessment exceeds £12,300, subsections (2) and (3) above shall apply as if the amounts specified in them were reduced by one half of the excess (but not so as to reduce those amounts below that specified in subsection (1) above).]
- (6) An allowance under this section is given effect at Step 3 of the calculation in section 23 of ITA 2007.
#### Widower’s or widow’s housekeeper
##### 258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Additional relief in respect of children
##### 259
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Apportionment of relief under section 259
##### 260
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Claims under sections 258 and 259 for year of marriage
##### 261
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Widows' bereavement allowance
##### 262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dependent relatives
##### 263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Claimant depending on services of a son or daughter
##### 264
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for blind persons
##### 265
- (1) If the claimant . . . is a registered blind person for the whole or any part of the year of assessment, he shall be entitled to a blind person's allowance of £1,280. . . .
- (1A) Section 257C (indexation) shall have effect (using the rounding up rule in subsection (1)(b) of that section) for the application of this section for the year 1998-99 and any subsequent year of assessment as it has effect for the application of sections 257 and 257A.
- (2) Where—
- (a) a person entitled to an allowance under subsection (1) above is a person whose spouse or civil partner is living with him for the whole of any part of the year of assessment, but
- (b) the amount to which the person is entitled exceeds the person's remaining relievable income,
his spouse or civil partner shall be entitled to an allowance of an amount equal to the excess.
- (2A) The person's remaining relievable income is the amount found by—
- (a) taking the amount of the individual's net income, and
- (b) subtracting any personal allowance to which the person is entitled.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsection (2) above shall not apply for a year of assessment unless the person entitled to an allowance under subsection (1) has given to the inspector written notice that it is to apply; and any such notice—
- (a) shall be given on or before the fifth anniversary of the 31st January next following the end of the year of assessment to which it relates,
- (b) shall be in such form as the Board may determine, and
- (c) shall be irrevocable.
- (6) A notice given under subsection (5) above in relation to a year of assessment by a spouse or civil partner shall have effect also as a notice under section 257BB(2).
- (7) In this section “*registered blind person*” means a person registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 or, in the case of a person ordinarily resident in Scotland or Northern Ireland, a person who is a blind person within the meaning of section 64(1) of that Act.
- (8) An allowance under this section is given effect at Step 3 of the calculation in section 23 of ITA 2007.
#### Life assurance premiums
##### 266
- (1) Subject to the provisions of this section, section 274 and Schedules 14 and 15 and sections 192 to 194 of the Finance Act 2004, an individual who pays any such premium as is specified in subsection (2) below or makes a payment falling within subsection (7) below shall (without making any claim) be entitled to relief under this section.
- (2) The premiums referred to in subsection (1) above are any premiums paid by an individual under a policy of insurance or contract for a deferred annuity, where—
- (a) the payments are made to —
- (i) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 or under paragraph 15 of Schedule 3 to that Act (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of long-term insurance; or
- (ii) a member of the Society who effects or carries out contracts of long-term insurance in accordance with Part 19 of the Financial Services and Markets Act 2000;
- (iv) in the case of a deferred annuity, the National Debt Commissioners; and
- (b) the insurance or, as the case may be, the deferred annuity is on the life of the individual or on the life of his spouse or civil partner; and
- (c) the insurance or contract was made by him or his spouse or civil partner.
- (3) Subject to subsections (7), (10) and (11) below, no relief under this section shall be given—
- (a) except in respect of premiums payable under policies for securing a capital sum on death, whether in conjunction with any other benefit or not;
- (b) in respect of premiums payable under any policy issued in respect of an insurance made after 19th March 1968 unless the policy is a qualifying policy;
- (c) in respect of premiums payable under any policy issued in respect of an insurance made after 13th March 1984 . . . ;
- (d) in respect of premiums payable during the period of deferment in respect of a policy of deferred assurance.
- (4) Subject to subsections (7) and (8) below, relief under this section in respect of any premiums paid by an individual in a year of assessment shall be given by making good to the person to whom they are paid any deficiency arising from the deductions authorised under subsection (5) below; and this section and Schedule 14 shall have effect in relation to any premium or part of a premium which is paid otherwise than in the year of assessment in which it becomes due and payable as if it were paid in that year.
- (5) Subject to the provisions of Schedule 14—
- (a) an individual resident in the United Kingdom who is entitled to relief under this section in respect of any premium may deduct from any payment in respect of the premium and retain an amount equal to 12.5 per cent. of the payment; and
- (b) the person to whom the payment is made shall accept the amount paid after the deduction in discharge of the individual’s liability to the same extent as if the deduction had not been made and may recover the deficiency from the Board.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Where a person makes a payment to a trade union as defined in section 28(1) of the Trade Union and Labour Relations Act 1974, and part of that payment is attributable to the provision of superannuation, life insurance or funeral benefits, he shall be entitled to relief under this section in respect of that part of the payment, but—
- (a) subsection (4) above shall not apply; and
- (b) in calculating his net income there shall be deducted an amount equal to one-half of that part of the payment.
- (8) Where the individual is not resident in the United Kingdom and is entitled to relief by virtue of section 278(2) or (2ZA), subsection (4) above shall not apply but . . . the like relief shall be given to him under paragraph 6 of Schedule 14.
- (9) Subsections (5) and (8) above shall apply in relation to an individual who is not resident in the United Kingdom but is a member of the armed forces of the Crown or the spouseor civil partner of such a member as if the individual were so resident.
- (10) Subsection (3)(b) above shall not apply—
- (a) to any policy of life insurance having as its sole object the provision on an individual’s death or disability of a sum substantially the same as any amount then outstanding under a mortgage of his residence, or of any premises occupied by him for the purposes of a business, being a mortgage the principal amount secured by which is repayable by instalments payable annually or at shorter regular intervals; or
- (b) to any policy of life insurance issued in connection with an approved scheme as defined in Chapter I of Part XIV.
- (11) Subsection (3)(a) and (d) above shall not affect premiums payable—
- (a) under policies or contracts made in connection with any superannuation or bona fide pension scheme for the benefit of the employees of any employer, or of persons engaged in any particular trade, profession, vocation or business, or for the benefit of the spouse, civil partner, widow, widower , surviving civil partner or children or other dependants of any such employee or person, or
- (b) under policies taken out by teachers in the schools known in the year 1918 as secondary schools, pending the establishment of a superannuation or pension scheme for those teachers.
- (12) Schedule 14 shall have effect for the purpose of modifying, for certain cases, and supplementing the provisions of this section.
- (13) In . . . Schedule 14, “*friendly society*” means the same as in the Friendly Societies Act 1992 (and includes any society that by virtue of section 96(2) of that Act is to be treated as a registered friendly society within the meaning of that Act).
- (14) In subsection (2)(a)—
- “contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; and
- “member of the society” has the same meaning as in Lloyd’s Act 1982 .
#### Qualifying policies
##### 267
Schedule 15, Part I of which contains the basic rules for determining whether or not a policy is a qualifying policy, Part II of which makes provision for the certification etc. of policies as qualifying policies and Part III of which modifies Parts I and II in their application to certain policies issued by non-resident companies, shall have effect for the purpose of determining whether or not a policy is a qualifying policy; and, accordingly, any reference in this Act to a qualifying policy shall be construed in accordance with that Schedule.
#### Early conversion or surrender of life policies
##### 268
- (1) Where a policy of life insurance to which this section applies has been issued and, within four years from the making of the insurance in respect of which it was issued, any of the following events happens, that is to say—
- (a) the surrender of the whole or part of the rights conferred by the policy;
- (b) the falling due (otherwise than on death) of a sum payable in pursuance of a right conferred by the policy to participate in profits; and
- (c) the conversion of the policy into a paid-up or partly paid-up policy;
the body by whom the policy was issued shall pay to the Board, out of the sums payable by reason of the surrender or, as the case may be, out of the sum falling due or out of the fund available to pay the sums which will be due on death or on the maturity of the policy, a sum determined in accordance with the following provisions of this section, unless the body is wound up and the event is a surrender or conversion effected in connection with the winding-up.
- (2) The sum payable under subsection (1) above shall, subject to the following provisions of this section, be equal to the lower of the following, that is to say—
- (a) the appropriate percentage of the premiums payable under the policy up to the happening of the event; and
- (b) the surrender value of the policy at the time of the happening of the event less the complementary percentage of the premiums mentioned in paragraph (a) above.
- (3) If the event is one of those mentioned below, the sum payable to the Board shall not exceed the following limit, that is to say—
- (a) if it is the surrender of part of the rights conferred by the policy, the value of the rights surrendered at the time of the surrender;
- (b) if it is the conversion of the policy into a partly paid-up policy, the surrender value at the time of the conversion, of so much of the policy as is paid up; and
- (c) if it is the falling due of a sum, that sum.
- (4) If the event was preceded by the happening of such an event as is mentioned in subsection (1) above, subsection (2) above shall apply—
- (a) as if the lower of the amounts mentioned therein were reduced by the sum paid under this section in respect of the earlier event; and
- (b) if the earlier event was such an event as is mentioned in paragraph (a) or (c) of subsection (3) above, as if the surrender value of the policy were increased by the amount which, under that paragraph, limited or might have limited the sum payable under this section in respect of the earlier event.
- (5) For the purposes of this section the appropriate percentage, in relation to any event, is the percentage equal to the following fraction of the percentage found by doubling that mentioned in section 266(5)(a) as in force for the year of assessment in which the event happened, that is to say—
- (a) if the event happens in the first two of the four years mentioned in subsection (1) above, three-sixths;
- (b) if it happens in the third of those years, two-sixths; and
- (c) if it happens in the last of those years, one-sixth;
and the complementary percentage, in relation to any event, is 100 per cent. less the appropriate percentage.
- (6) Where the annual amount of the premiums payable under a policy of life insurance is at any time increased (whether under the policy or by any contract made after its issue) so as to exceed by more than 25 per cent.—
- (a) if the insurance was made on or before 26th March 1974, the annual amount as at that date, or
- (b) in the case of any other insurance, the first annual amount so payable,
the additional rights attributable to the excess shall be treated for the purposes of this section as conferred by a new policy issued in respect of an insurance made at that time, and the excess shall be treated as premiums payable under the new policy.
- (7) This section applies to any policy of life insurance which is a qualifying policy unless—
- (a) it is a policy in respect of the premiums on which relief under section 266 is not available by virtue of subsection (3)(c) of that section; or
- (b) it is a policy of life insurance issued in connection with a registered pension scheme;
and in relation to a policy of life insurance issued in respect of an insurance made before 27th March 1974 applies only in accordance with subsection (6) above.
#### Surrender etc. of policies after four years
##### 269
- (1) Where a policy of life insurance to which this section applies has been issued and, in the fifth or any later year from the making of the insurance in respect of which it was issued, either of the following events happens, that is to say—
- (a) the surrender of the whole or part of the rights conferred by the policy; and
- (b) the falling due (otherwise than on death or maturity) of a sum payable in pursuance of a right conferred by the policy to participate in profits;
then, if either of those events has happened before, the body by whom the policy was issued shall pay to the Board, out of the sums payable by reason of the surrender, or, as the case may be, out of the sum falling due, a sum determined in accordance with the following provisions of this section.
- (2) The sum payable under subsection (1) above shall, subject to the following provisions of this section, be equal to the applicable percentage of the lower of the following—
- (a) the total of the premiums which are payable in that year under the policy; and
- (b) the sums payable by reason of the surrender or, as the case may be, the sum falling due;
and the percentage to be applied for this purpose shall be a percentage equal to that mentioned in section 266(5)(a) as in force for the year of assessment in which the event happens.
- (3) Where, after a sum has become payable under subsection (1) above, and within the same year from the making of the insurance, another such event happens as is mentioned therein, the sums payable under that subsection in respect of both or all of the events shall not exceed the applicable percentage of the total mentioned in subsection (2)(a) above.
- (4) Where, on the happening of an event in the fifth or any later year from the making of the insurance, any sum is payable under subsection (1) of section 268 as applied by subsection (6) of that section as well as under subsection (1) above, subsection (2) above shall apply as if the sums or sum mentioned in paragraph (b) thereof were reduced by the sum payable under that section.
- (5) This section applies to any policy of life insurance which is a qualifying policy unless—
- (a) it is a policy in respect of the premiums on which relief under section 266 is not available by virtue of subsection (3)(c) of that section; or
- (b) it is a policy issued in the course of an industrial insurance business; or
- (c) it was issued in respect of an insurance made before 27th March 1974.
#### Provisions supplementary to sections 268 and 269
##### 270
- (1) Where on the happening of an event in relation to a policy of life insurance a sum is payable under section 268 or 269, relief under section 266 in respect of the relevant premiums paid under the policy shall be reduced by the sum so payable or, as the case may be, by so much of the sum as does not exceed the amount of that relief (or as does not exceed so much of that amount as remains after any previous reduction under this section).
- (2) For the purposes of this section the relevant premiums are—
- (a) in relation to a sum payable under section 268, the premiums payable under the policy up to the happening of the event by reason of which the sum is payable; and
- (b) in relation to a sum payable under section 269, the premiums payable in the year (from the making of the insurance) in which the event happens by reason of which the sum is payable.
- (3) Where the relevant premiums are payable in more than one year of assessment the reduction in relief under this section shall, so far as possible, reduce relief for an earlier year of assessment before reducing relief for a later one.
- (4) Any sum paid under section 268 or 269 by reason of any event shall be treated—
- (a) as between the parties, as received by the person by whom the premiums under the policy were paid; and
- (b) for the purposes of section 266, as a sum paid by that person in satisfaction of his liability resulting from the reduction of relief under this section;
and where that sum exceeds that liability he shall be entitled, on a claim made by him not later than six years after the end of the year of assessment in which the event happens, to repayment of the excess.
#### Deemed surrender in cases of certain loans
##### 271
- (1) Where—
- (a) by virtue of section 465 of ITTOIA 2005 a gain arising in connection with a policy . . . would be treated as forming part of an individual’s total income; and
- (b) the policy was issued in respect of an insurance made after 26th March 1974 . . .; and
- (c) any sum is at any time after the making of the insurance . . . lent to or at the direction of that individual by or by arrangement with the body issuing the policy . . .;
then, subject to subsection (2) below, the same results shall follow under sections 268 to 270 as if at the time the sum was lent there had been a surrender of part of the rights conferred by the policy . . . and the sum had been paid as consideration for the surrender (and if the policy is a qualifying policy, whether or not the premiums under it are eligible for relief under section 266, those results shall follow under section 269, whether or not a gain would be treated as arising on the surrender).
- (2) Subsection (1) above does not apply—
- (a) in relation to a policy if—
- (i) it is a qualifying policy; and
- (ii) either interest at a commercial rate is payable on the sum lent or the sum is lent to a full-time employee of the body issuing the policy for the purpose of assisting him in the purchase or improvement of a dwelling used or to be used as his only or main residence; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Collection of sums payable under sections 268 and 269
##### 272
- (1) Any body by whom a policy to which section 268 or 269 applies has been issued shall, within 30 days of the end of each period of 12 months ending with 31st March in every year, make a return to the collector of the sums which, in that period, have become payable by it under either of those sections.
- (2) Any sum which is to be included in a return made under subsection (1) above shall be due at the time by which the return is to be made and shall be paid without being demanded.
- (3) Where any sum which was or ought to have been included in such a return is not paid by the end of the period for which the return was to be made, it may be recovered by an assessment as if it were income tax for the year of assessment in which that period ends; and where it appears to the inspector that a sum which ought to have been so included had not been included or that a return is not correct he may make such an assessment to the best of his judgment.
- (4) All the provisions of the Income Tax Acts relating to the assessment and collection of tax, interest on unpaid tax, appeals and penalties shall, with the necessary modifications, apply in relation to sums due under this section; and for the purposes of those provisions so far as they relate to interest on unpaid tax, a sum assessed in pursuance of this section shall be treated as having been payable when it would have been payable had it been included in a return under subsection (1) above.
- (5) Where, on an appeal against an assessment made in pursuance of this section, it is determined that a greater sum has been assessed than was payable, the excess, if paid, shall be repaid.
- (6) Where a body has paid a sum which is payable under section 268 or 269 it shall give within 30 days to the person by whom the sum is, under section 270(4), treated as received a statement specifying that sum and showing how it has been arrived at.
- (7) The Board or an inspector may, by notice served on the body by whom a policy to which section 268 or 269 applies has been issued, require the body, within such time, not being less than 30 days, as may be specified in the notice—
- (a) to furnish such particulars; or
- (b) to make available for inspection by an officer authorised by the Board such books and other documents in the possession or under the control of the body;
as the Board or officer may reasonably require for the purposes of those sections or this section.
#### Payments securing widows' and children’s annuities
##### 273
- (1) Subject to subsection (2) below, section 274 of this Act and sections 192 to 194 of the Finance Act 2004, if the claimant is, under any Act of Parliament or under any terms and conditions of employment, liable to the payment of any sum, or to the deduction from any salary or stipend of any sum, for the purpose of securing a deferred annuity to a widow or widower or surviving civil partner of the claimant or provision for the claimant’s children after the claimant dies, the claimant shall be entitled to a tax reduction equal to income tax at the basic rate on the amount of the sum which he or she has paid or which has been deducted from his or her salary or stipend.
- (2) There is no entitlement to a tax reduction under this section in respect of any contribution paid by any person under Part 1 of the Social Security Contributions and Benefits Act 1992 or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
- (3) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
#### Limits on relief under sections 266 and 273
##### 274
- (1) The aggregate of the premiums or other sums in respect of which relief is given to any person under section 266 shall not exceed £1,500 in any year of assessment or one-sixth of that person’s total income, whichever is the greater.
- (2) The aggregate of the relief given under sections 266 and 273 in respect of premiums or sums payable for securing any benefits other than capital sums on death shall not exceed the amount of the income tax calculated at the appropriate rate on £100.
- (3) In subsection (2) above “*the appropriate rate*”—
- (a) in relation to premiums to which section 266 applies, means 12.5 per cent.;
- (b) in relation to other payments, means the basic rate of income tax.
- (4) War insurance premiums shall not be taken into account in calculating the limits of one-sixth of total income or of £100 mentioned in this section.
### Supplemental
#### Meaning of “relative”
##### 275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect on relief of charges on income
##### 276
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Partners
##### 277
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Non-residents
##### 278
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Subject to subsection (2ZA) below, relief under this Chapter shall be given only to an individual who . . . —
- (za) is not resident in the United Kingdom,
- (zb) does not meet the condition in section 56(3) of ITA 2007, and
- (a) is a Commonwealth citizen . . . ;. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2ZA) Relief under section 266 above (except relief given by virtue of subsection (7) of that section) may also be given to an individual who—
- (a) is resident in the United Kingdom, or
- (b) meets the condition in section 56(3) of ITA 2007.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) *No relief under this Chapter shall be given so as to reduce the amount of the income tax payable by the individual below the amount which results from applying the fraction*—
$$AB$*to the amount which would have been payable by him by way of income tax if the tax were chargeable on his total income from all sources (including income which is not subject to income tax charged in the United Kingdom) where*—$
A*is the amount of his income subject to income tax charged in the United Kingdom; and*
B*is the amount of his total income*.
- (4) *Subsection* (3)*above shall have effect as if the amount of any relief to which an individual is entitled under section* 266(4)*were an amount by which his liability to income tax is reduced*.
- (5) *For the purposes of subsection* (3)*above as it applies to an individual whose income includes income eligible for double taxation relief*—
- (a) *in computing the amount of the income tax payable by the individual, the tax chargeable in respect of the income eligible for double taxation relief shall be disregarded;*
- (b) *in computing the amount of his income subject to income tax charged in the United Kingdom, the income eligible for double taxation relief shall be disregarded; and*
- (c) *in computing his total income from all sources, including income which is not subject to income tax charged in the United Kingdom, income eligible for double taxation relief shall be included, and the income tax which would be chargeable on that total income shall be computed without regard to the double taxation relief available in respect of the income eligible for double taxation relief;*
*and, accordingly, where this subsection applies, the amount of the tax chargeable in respect of the income eligible for double taxation relief shall not be affected by subsections* (2)*and* (3)*above*.
- (6) *Subsection* (5)*shall not operate so as to make the tax payable by an individual for a year of assessment higher than it would have been if the double taxation relief had not been available*.
- (7) *In subsection* (5)*above “*income eligible for double taxation relief*” means any dividends, interest, royalties or other profits which are chargeable to income tax but in respect of which relief (other than credit) is available under an Order in Council under section* 788*so as to limit the rate of income tax so chargeable (but not so as to confer an exemption and make it income which is not subject to income tax charged in the United Kingdom)*.
- (8) Any claim which an individual is entitled to make by virtue of subsection (2) above shall be made to the Board.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — TAXATION OF INCOME OF SPOUSES AND CIVIL PARTNERS
### General rules
#### Aggregation of wife’s income with husband's
##### 279
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of reliefs
##### 280
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax repayments to wives
##### 281
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Construction of references to married women living with their husbands
##### 282
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Separate assessments
#### Option for separate assessment
##### 283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of separate assessment on personal reliefs
##### 284
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Collection from wife of tax assessed on husband but attributable to her income
##### 285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right of husband to disclaim liability for tax on deceased wife’s income
##### 286
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Separate taxation
#### Separate taxation of wife’s earnings
##### 287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Elections under section 287
##### 288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — ENTERPRISE INVESTMENT SCHEME
#### The relief
##### 289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Minimum and maximum subscriptions
##### 290
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Individuals qualifying for relief
##### 291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Parallel trades
##### 292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
##### 293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Companies with interests in land
##### 294
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of interests in land for purposes of section 294(1)(b)
##### 295
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 294 disapplied where amounts raised total £50,000 or less
##### 296
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trades
##### 297
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 293 and 297
##### 298
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disposal of shares
##### 299
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Value received from company
##### 300
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 300
##### 301
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Replacement capital
##### 302
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Value received by persons other than claimants
##### 303
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Husband and wife
##### 304
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reorganisation of share capital
##### 305
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Claims
##### 306
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of relief
##### 307
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to subsidiaries
##### 308
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further provisions as to subsidiaries
##### 309
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information
##### 310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Nominees, bare trustees and approved investment funds
##### 311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Chapter III
##### 312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — SPECIAL PROVISIONS
#### Taxation of consideration for certain restrictive undertakings
##### 313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Divers and diving supervisors
##### 314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Wounds and disability pensions
##### 315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowances, bounties and gratuities
##### 316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Victoria Cross and other awards
##### 317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other pensions in respect of death due to war service etc
##### 318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Crown servants: foreign service allowance
##### 319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commonwealth Agents-General and official agents etc
##### 320
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consuls and other official agents
##### 321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consular officers and employees
##### 322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Visiting forces
##### 323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Designated international organisations
##### 324
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on deposits with National Savings Bank
##### 325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest etc. under contractual savings schemes
##### 326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disabled person’s vehicle maintenance grant
##### 327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Funds in court
##### 328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on damages for personal injuries
##### 329
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Compensation for National-Socialist persecution
##### 330
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scholarship income
##### 331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenditure and houses of ministers of religion
##### 332
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Personal equity plans
##### 333
Regulations under Chapter 3 of Part 6 of ITTOIA 2005 (income from individual investment plans) may include provision generally for the purpose of the administration of corporation tax in relation to plans.
### CHAPTER V — RESIDENCE OF INDIVIDUALS
#### Commonwealth citizens and others temporarily abroad
##### 334
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Residence of persons working abroad
##### 335
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Temporary residents in the United Kingdom
##### 336
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART VIII — TAXATION OF INCOME AND CHARGEABLE GAINS OF COMPANIES
### Taxation of income
#### Companies beginning or ceasing to carry on a trade
##### 337
- (1) Where a company begins or ceases—
- (a) to carry on a trade, or
- (b) to be within the charge to corporation tax in respect of a trade,
the company’s income shall be computed for the purposes of corporation tax as if that were the commencement or, as the case may be, the discontinuance of the trade, whether or not the trade is in fact commenced or discontinued.
- (2) Subsection (1) applies to a Schedule A business or overseas property business (within the meaning given by section 70A(4)) as it applies to a trade.
#### Allowance of charges on income and capital
##### 338
- (1) Charges on income are allowed as deductions from a company’s total profits in computing the corporation tax chargeable for an accounting period.
- (2) They are deducted from the company’s total profits for the period as reduced by any other relief from tax other than group relief.
- (3) The amount of the deduction is limited to the amount that reduces the company’s total profits for the period to nil.
- (4) Except as otherwise provided, a deduction is allowed only in respect of payments made by the company in the accounting period concerned.
- (5) The above provisions are subject to any express exceptions in the Corporation Tax Acts.
#### Charges on income: donations to charity
##### 339
- (1) A qualifying donation is a payment made by a company to a charity, other than—
- (a) a payment which, by reason of any provision of the Taxes Acts (within the meaning of the Management Act) except section 209(4), is to be regarded as a distribution (but see subsections (1A) and (1B) below); and
- (b) a payment which is deductible in computing profits or any description of profits for purposes of corporation tax.
- (1A) In determining whether a payment is to be regarded as a distribution for the purposes of subsection (1)(a) above, the words in section 209(5) from “; and any amount” to the end are to be disregarded.
- (1B) A payment (other than a dividend) made by a company which is wholly owned by a charity is not to be regarded as a distribution for the purposes of subsection (1)(a) above.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) A payment made by a company is not a qualifying donation if—
- (a) it is made subject to a condition as to repayment, or
- (b) the company or a connected person receives a benefit in consequence of making it and either the relevant value in relation to the payment exceeds the limit imposed by subsection (3DA) below or the amount to be taken into account for the purposes of this paragraph in relation to the payment exceeds £500.
- (3C) For the purposes of subsections (3B) above and (3D) below, the relevant value in relation to a payment to a charity is—
- (a) where there is one benefit received in consequence of making it which is received by the company or a connected person, the value of that benefit;
- (b) where there is more than one benefit received in consequence of making it which is received by the company or a connected person, the aggregate value of all the benefits received in consequence of making it which are received by the company or a connected person.
- (3D) The amount to be taken into account for the purposes of subsection (3B)(b) above in relation to a payment to a charity is an amount equal to the aggregate of—
- (a) the relevant value in relation to the payment, and
- (b) the relevant value in relation to each payment already made to the charity by the company in the accounting period in which the payment is made which is a qualifying donation within the meaning of this section.
- (3DA) The limit imposed by this subsection is—
- (a) where the amount of the payment does not exceed £100, 25 per cent of the amount of the payment;
- (b) where the amount of the payment exceeds £100 but does not exceed £1,000, £25;
- (c) where the amount of the payment exceeds £1,000, 5 per cent of the amount of the payment.
- (3DB) Where a benefit received in consequence of making a payment—
- (a) consists of the right to receive benefits at intervals over a period of less than twelve months;
- (b) relates to a period of less than twelve months; or
- (c) is one of a series of benefits received at intervals in consequence of making a series of payments at intervals of less than twelve months,
the value of the benefit shall be adjusted for the purposes of subsection (3C) above and the amount of the payment shall be adjusted for the purposes of subsection (3DA) above.
- (3DC) Where a benefit, other than a benefit which is one of a series of benefits received at intervals, is received in consequence of making a payment which is one of a series of payments made at intervals of less than twelve months, the amount of the payment shall be adjusted for the purposes of subsection (3DA) above.
- (3DD) Where the value of a benefit, or the amount of a payment, falls to be adjusted under subsection (3DB) or (3DC) above, the value or amount shall be multiplied by 365 and the result shall be divided by—
- (a) in a case falling within subsection (3DB)(a) or (b) above, the number of days in the period of less than twelve months;
- (b) in a case falling within subsection (3DB)(c) or (3DC) above, the average number of days in the intervals of less than twelve months;
and the reference in subsection (3DB) to subsection (3C) above is a reference to that subsection as it applies for the purposes of subsection (3B) above.
- (3E) A payment made by a company is not a qualifying donation if it is conditional on, or associated with, or part of an arrangement involving, the acquisition of property by the charity, otherwise than by way of gift, from the company or a connected person.
- (3F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3G) A payment made by a company is not a qualifying donation if the company is itself a charity.
- (4) Where a company gives a sum of money to a charity—
- (a) if the charity is a charitable company, a body mentioned in section 507 or an Association of a description specified in section 508, the gift shall in the hands of the charitable company be treated for the purposes of this Act as if it were an annual payment, and
- (b) if the charity is a trust established for charitable purposes only, see section 522 of ITA 2007 (gifts of money from companies).
- (5) *In any accounting period of a company, the maximum amount allowable under section* 338*by virtue of subsection* (2)(b)*of that section in respect of qualifying donations made by the company shall be a sum equal to* 3*per cent. of the dividends paid on the company’s ordinary share capital in that accounting period* .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7AA) Where—
- (a) a qualifying donation to a charity is made by a company which is wholly owned by a charity, and
- (b) the company makes a claim for the donation, or any part of it, to be deemed for the purposes of section 338 to be a charge on income paid in an accounting period falling wholly or partly within the period of nine months ending with the date of the making of the donation,
the donation or part shall be deemed for those purposes to be a charge on income paid in that accounting period, and not in any later period.
A claim under this subsection must be made within the period of two years immediately following the accounting period in which the donation is made, or such longer period as the Board may allow.
- (7AB) For the purposes of this section a company is wholly owned by a charity if it is either—
- (a) a company with an ordinary share capital every part of which is owned by a charity (whether or not the same charity); or
- (b) a company limited by guarantee in whose case every person who—
- (i) is beneficially entitled to participate in the divisible profits of the company, or
- (ii) will be beneficially entitled to share in any net assets of the company available for distribution on its winding up,
is or must be a charity or a company wholly owned by a charity.
- (7AC) For the purposes of subsection (7AB) above ordinary share capital of a company shall be taken to be owned by a charity if there is a charity which—
- (a) within the meaning of section 838 directly or indirectly owns that share capital; or
- (b) would be taken so to own that share capital if references in that section to a body corporate included references to a charity which is not a body corporate.
- (7A) In subsections (3B) to (3E) above references to a connected person are to a person connected with—
- (a) the company, or
- (b) a person connected with the company;
and section 839 applies for the purposes of this subsection.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) For the purposes of this section “charity” includes each of the bodies mentioned in section 507, and . . . any Association of a description specified in section 508, but, subject to that, in this section “charity” has the same meaning as in section 506.
- (10) In this section “*charitable company*” has the same meaning as in section 506.
#### Charges on income: interest payable to non-residents
##### 340
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments of interest etc. between related companies
##### 341
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax on company in liquidation
##### 342
- (1) In this section references to a company’s final year are references to the financial year in which the affairs of the company are completely wound up, and references to a company’s penultimate year are references to the last financial year preceding its final year.
- (2) Subject to subsection (3) or (3A) below—
- (a) corporation tax shall be charged on the profits of the company arising in the winding-up in its final year at the rate of corporation tax fixed or proposed for the penultimate year; but
- (b) where the corporation tax charged on the company’s income included in those profits falls to be calculated or reduced in accordance with section 13, it shall be so calculated or reduced in accordance with such rate or fraction fixed or proposed for the penultimate year as is applicable under that section.
- (3) If, before the affairs of the company are completely wound up, any of the rates or fractions mentioned in subsection (2) above has been fixed or proposed for the final year, that subsection shall have effect in relation to that rate or fraction as if for the references to the penultimate year there were substituted references to the final year.
- (3A) If, in the case of the company’s final accounting period, the income (if any) which consists of interest received or receivable by the company under section 826 does not exceed £2,000, that income shall not be subject to corporation tax.
In this subsection “*the company’s final accounting period*” means the accounting period of the company which, in accordance with section 12(7), ends by reason of the completion of the winding up.
- (4) An assessment on the company’s profits for an accounting period which falls after the commencement of the winding-up shall not be invalid because made before the end of the accounting period.
- (5) In making an assessment after the commencement of the winding-up of the company but before the date when its affairs are completely wound up, the liquidator may act on an assumption as to when that date will fall, so far as it governs section 12(7).
- (6) The assumption of the wrong date shall not alter the company’s final and penultimate year, and, if the right date is later, an accounting period shall end on the date assumed, and a new accounting period shall begin and section 12(7) shall thereafter apply as if the winding-up had commenced with the beginning of that new accounting period.
- (7) References in this section to a rate or fraction fixed or proposed are references to a rate or fraction fixed by an Act passed before the completion of the winding-up or, if not so fixed, proposed by a Budget resolution (and without regard to any subsequent Act); except that if a rate or fraction so fixed is proposed to be altered by a Budget resolution any such reference to it is a reference to it as proposed to be so altered.
- In this subsection “*Budget resolution*” means a resolution of the House of Commons for fixing any such rate or fraction as is mentioned in this section.
- (8) Where the winding-up commenced before the company’s final year, paragraphs (a) and (b) of subsection (2) (but not subsection (3)) above shall apply in relation to the company’s profits arising at any time in its penultimate year.
- (9) Any assessment made by virtue of section 8(4) shall be subject to any such adjustment by discharge or repayment of tax or by a further assessment as may be required to give effect to this section.
#### Company reconstructions without a change of ownership
##### 343
- (1) Where, on a company (“*the predecessor*”) ceasing to carry on a trade, another company (“*the successor*”) begins to carry it on, and—
- (a) on or at any time within two years after that event the trade or an interest amounting to not less than a three-fourths share in it belongs to the same persons as the trade or such an interest belonged to at some time within a year before that event; and
- (b) the trade is not, within the period taken for the comparison under paragraph (a) above, carried on otherwise than by a company which is within the charge to tax in respect of it;
then the Corporation Tax Acts shall have effect subject to subsections (2) to (6) below.
- (2) The trade shall not be treated as permanently discontinued nor a new trade as set up and commenced for the purpose of the allowances and charges provided for by the Capital Allowances Act (including enactments which under this Act are to be treated as contained in that Act); but—
- (a) there shall be made to or on the successor in accordance with those Acts all such allowances and charges as would, if the predecessor had continued to carry on the trade, have fallen to be made to or on it; and
- (b) the amount of any such allowance or charge shall be computed as if—
- (i) the successor had been carrying on the trade since the predecessor began to do so, and
- (ii) everything done to or by the predecessor had been done to or by the successor (but so that no sale or transfer which on the transfer of the trade is made to the successor by the predecessor of any assets in use for the purpose of the trade shall be treated as giving rise to any such allowance or charge).
- (3) . . . Subject to subsection (4) below and to any claim made by the predecessor under section 393A(1)(including a case where section 393B applies), the successor shall be entitled to relief under section 393(1), as for a loss sustained by the successor in carrying on the trade, for any amount for which the predecessor would have been entitled to . . . relief if it had continued to carry on the trade.
- (4) Where the amount of relevant liabilities exceeds the value of relevant assets, the successor shall be entitled to relief by virtue of subsection (3) above only if, and only to the extent that, the amount of that excess is less than the amount mentioned in that subsection.
- (4A) Subsection (2A) of section 393A shall not apply to any loss which (but for this subsection) would fall within subsection (2B) of that section by virtue of the predecessor’s ceasing to carry on the trade, and subsection (7) of that section shall not apply for the computation of any such loss.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Where the successor ceases to carry on the trade within the period taken for the comparison under subsection (1)(a) above and on its doing so a third company begins to carry on the trade, . . ., subsections (2) to (5) above shall apply both in relation to that event (together with the new predecessor and successor) and to the earlier event (together with the original predecessor and successor), but so that—
- (a) in relation to the earlier event “successor” shall include the successor at either event; and
- (b) in relation to the later event “predecessor” shall include the predecessor at either event;
and if the conditions of this subsection are thereafter again satisfied, it shall apply again in like manner.
- (8) Where, on a company ceasing to carry on a trade, another company begins to carry on the activities of the trade as part of its trade, then that part of the trade carried on by the successor shall be treated for the purposes of this section as a separate trade, if the effect of so treating it is that subsection (1) or (7) above has effect on that event in relation to that separate trade; and where, on a company ceasing to carry on part of a trade, another company begins to carry on the activities of that part as its trade or part of its trade, the predecessor shall for purposes of this section be treated as having carried on that part of its trade as a separate trade if the effect of so treating it is that subsection (1) or (7) above has effect on that event in relation to that separate trade.
- (9) Where under subsection (8) above any activities of a company’s trade fall, on the company ceasing or beginning to carry them on, to be treated as a separate trade, such apportionments of receipts, expenses, assets or liabilities shall be made as may be just.
- (10) Where, by virtue of subsection (9) above, any item falls to be apportioned and, at the time of the apportionment, it appears that it is material as respects the liability to tax (for whatever period) of two or more companies, any question which arises as to the manner in which the item is to be apportioned shall be determined, for the purposes of the tax of all those companies—
- (a) in a case where the same body of General Commissioners have jurisdiction with respect to all those companies, by those Commissioners, unless all the companies agree that it shall be determined by the Special Commissioners;
- (b) in a case where different bodies of Commissioners have jurisdiction with respect to those companies, by such of those bodies as the Board may direct, unless all the companies agree that it shall be determined by the Special Commissioners; and
- (c) in any other case, by the Special Commissioners,
and any such Commissioners shall determine the question in like manner as if it were an appeal except that all those companies shall be entitled to appear and be heard by the Commissioners who are to make the determination or to make representations to them in writing.
- (11) Any relief obtainable under this section by way of discharge or repayment of tax shall be given on the making of a claim.
- (12) In the application of this section to any case in relation to which subsection (4) above does not apply—
- (a) subsection (9) above shall have effect with the substitution for the words following “separate trade” of the words “ any necessary apportionment shall be made of receipts or expenses ”; and
- (b) subsection (10) above shall have effect with the substitution for “item” of “ sum ”.
#### Company reconstructions: supplemental
##### 344
- (1) For the purposes of section 343—
- (a) a trade carried on by two or more persons shall be treated as belonging to them in the shares in which they are entitled to the profits of the trade;
- (b) a trade or interest in a trade belonging to any person as trustee (otherwise than for charitable or public purposes) shall be treated as belonging to the persons for the time being entitled to the income under the trust; and
- (c) a trade or interest in a trade belonging to a company shall, where the result of so doing is that subsection (1) or (7) of section 343 has effect in relation to an event, be treated in any of the ways permitted by subsection (2) below.
- (2) For the purposes of section 343, a trade or interest in a trade which belongs to a company engaged in carrying it on may be regarded—
- (a) as belonging to the persons owning the ordinary share capital of the company and as belonging to them in proportion to the amount of their holdings of that capital, or
- (b) in the case of a company which is a subsidiary company, as belonging to a company which is its parent company, or as belonging to the persons owning the ordinary share capital of that parent company, and as belonging to them in proportion to the amount of their holdings of that capital,
and any ordinary share capital owned by a company may, if any person or body of persons has the power to secure by means of the holding of shares or the possession of voting power in or in relation to any company, or by virtue of any power conferred by the articles of association or other document regulating any company, that the affairs of the company owning the share capital are conducted in accordance with his or their wishes, be regarded as owned by the person or body of persons having that power.
- (3) For the purposes of subsection (2) above—
- (a) references to ownership shall be construed as references to beneficial ownership;
- (b) a company shall be deemed to be a subsidiary of another company if and so long as not less than three-quarters of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies;
- (c) the amount of ordinary share capital of one company owned by a second company through another company or other companies, or partly directly and partly through another company or other companies, shall be determined in accordance with section 838(5) to (10); and
- (d) where any company is a subsidiary of another company, that other company shall be considered as its parent company unless both are subsidiaries of a third company.
- (4) In determining, for the purposes of section 343, whether or to what extent a trade belongs at different times to the same persons, persons who are relatives of one another and the persons from time to time entitled to the income under any trust shall respectively be treated as a single person, and for this purpose “*relative*” means husband, wife, civil partner, ancestor, lineal descendant, brother or sister.
- (5) For the purposes of section 343(4), relevant assets are—
- (a) assets which were vested in the predecessor immediately before it ceased to carry on the trade, which were not transferred to the successor and which, in a case where the predecessor was the predecessor on a previous application of section 343, were not by virtue of subsection (9) of that section apportioned to a trade carried on by the company which was the successor on that application; and
- (b) consideration given to the predecessor by the successor in respect of the change of company carrying on the trade;
and for the purposes of paragraph (b) above the assumption by the successor of any liabilities of the predecessor shall not be treated as the giving of consideration to the predecessor by the successor.
- (6) For the purposes of section 343(4), relevant liabilities are liabilities which were outstanding and vested in the predecessor immediately before it ceased to carry on the trade, which were not transferred to the successor and which, in a case where the predecessor was the predecessor on a previous application of section 343, were not by virtue of subsection (9) of that section apportioned to a trade carried on by the company which was the successor on that application; but a liability representing the predecessor’s share capital, share premium account, reserves or relevant loan stock is not a relevant liability.
- (7) For the purposes of section 343(4)—
- (a) the value of assets (other than money) shall be taken to be the price which they might reasonably be expected to have fetched on a sale in the open market immediately before the predecessor ceased to carry on the trade; and
- (b) the amount of liabilities shall be taken to be their amount at that time.
- (8) Where the predecessor transferred a liability to the successor but the creditor concerned agreed to accept settlement of part of the liability as settlement of the whole, the liability shall be treated for the purposes of subsection (6) above as not having been transferred to the successor except as to that part.
- (9) A liability representing the predecessor’s share capital, share premium account, reserves or relevant loan stock shall, for the purposes of subsection (6) above, be treated as not doing so if, in the period of one year ending with the day on which the predecessor ceased to carry on the trade, the liability arose on a conversion of a liability not representing its share capital, share premium account, reserves or relevant loan stock.
- (10) Where a liability of the predecessor representing its relevant loan stock is not a relevant liability for the purposes of section 343(4) but is secured on an asset of the predecessor not transferred to the successor, the value of the asset shall, for the purposes of section 343(4), be reduced by an amount equal to the amount of the liability.
- (11) In this section “*relevant loan stock*” means any loan stock or similar security (whether secured or unsecured) except any in the case of which subsection (12) below applies.
- (12) This subsection applies where, at the time the liability giving rise to the loan stock or other security was incurred, the person who was the creditor was carrying on a trade of lending money.
### Chargeable gains
#### Computation of chargeable gains
##### 345
#### Capital distribution of chargeable gains: recovery of tax from shareholder
##### 346
#### Tax on one member of group recoverable from another member
##### 347
## PART IX — ANNUAL PAYMENTS AND INTEREST
### Annual payments
#### Payments out of profits or gains brought into charge to income tax: deduction of tax
##### 348
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments not out of profits or gains brought into charge to income tax, and annual interest
##### 349
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax where payments made under section 349
##### 350
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Small maintenance payments
##### 351
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Certificates of deduction of tax
##### 352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Relief for payments of interest (excluding MIRAS)
#### General provision
##### 353
- (1) Where a person pays interest in any year of assessment, that person, if he makes a claim to the relief, shall for that year of assessment be entitled (subject to . . . section 52 of ITTOIA 2005) to relief in accordance with this section in respect of so much (if any) of the amount of that interest as is eligible for relief under this section by virtue of section 365.
- (1A) Where a person is entitled for a year of assessment to relief under this section in respect of an amount of interest which is eligible for relief by virtue of section 365, the relief is given as a tax reduction for that tax year.
- (1AA) The amount of the tax reduction is 23% of the amount of the interest.
- (1AB) The tax reduction is given effect at Step 6 of the calculation in section 23 of ITA 2007.
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1E) Where any person is entitled for any year of assessment to relief . . . in respect of any amount of interest as is eligible for that relief partly as mentioned in subsection (1A) above and partly as mentioned in section 383 of ITA 2007 (relief for interest payments), that amount of interest shall be apportioned between the cases to which each of those provisions applies without regard to what parts of the total amount borrowed remain outstanding but according to . . . —
- (a) the proportions of the total amount borrowed which were applied for different purposes; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and subsection (1A) above or section 383 of ITA 2007 shall apply accordingly to the case in which that subsection or section applies.
- (1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1H) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) This section does not apply to a payment of relevant loan interest to which section 369 applies.
- (3) Relief under this section shall not be given in respect of—
- (a) interest on a debt incurred by overdrawing an account or by debiting the account of any person as the holder of a credit card or under similar arrangements; or
- (b) where interest is paid at a rate in excess of a reasonable commercial rate, so much of the interest as represents the excess.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loans to buy land etc
##### 354
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Matters excluded from section 354
##### 355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Job-related accommodation
##### 356
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Limit on amount of loan eligible for relief by virtue of section 354
##### 357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief where borrower deceased
##### 358
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy machinery or plant
##### 359
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy interest in close company
##### 360
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy interest in co-operative or employee-controlled company
##### 361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy into partnership
##### 362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 360 to 362
##### 363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to pay inheritance tax
##### 364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan to buy life annuity
##### 365
- (1) Subject to the following provisions of this section, interest is eligible for relief under section 353 if it is interest on a loan in respect of which the following conditions are satisfied—
- (aa) that the loan was made before 9th March 1999;
- (a) that the loan was made as part of a scheme under which not less than nine-tenths of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (“*the annuitants*”) who include the person to whom the loan was made;
- (b) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 years;
- (c) that the loan was secured on land in the United Kingdom or the Republic of Ireland and the person to whom it was made or one of the annuitants owns an estate or interest in that land; and
- (d) that, if the loan was made after 26th March 1974, the person to whom it was made or each of the annuitants used the land on which it was secured as his only or main residence immediately before 9th March 1999 .
- (1AA) Where—
- (a) a loan made on or after 9th March 1999 was made in pursuance of an offer made by the lender before that date, and
- (b) the offer was either in writing or evidenced by a note or memorandum made by the lender before that date,
the loan shall be deemed for the purposes of subsection (1)(aa) above to have been made before that date.
- (1AB) Subject to subsection (1AC) below, the conditions in paragraphs (aa) and (a) of subsection (1) above shall be treated as satisfied in relation to a loan (“*the new loan*”) if—
- (a) the new loan was made on or after the day on which the Finance Act 1999 was passed;
- (b) the new loan was made as part of a scheme (“*the scheme*”) under which the whole or any part of the proceeds of the loan was used to defray money applied in paying off another loan (“*the old loan*”); and
- (c) the conditions in subsection (1) above were, or were treated by virtue of this subsection as, satisfied with respect to the old loan.
- (1AC) If only part of the proceeds of the new loan was used to defray money applied in paying off the old loan, subsection (1AB) above applies only if, under the scheme, not less than nine-tenths of the remaining part of the proceeds of the new loan was applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons who include him.
- (1AD) In subsection (1AC) above “*the remaining part*” means the part of the proceeds of the new loan that was not used to defray money applied in paying off the old loan.
- (1A) The condition in subsection (1)(d) above shall be treated as satisfied in relation to a loan if—
- (a) the person to whom the loan was made, or any of the annuitants, ceased to use the land as his only or main residence at a time falling within the period of twelve months ending with 8th March 1999, and
- (b) the intention at that time of the person to whom the loan was made, or each of the annuitants owning an estate or interest in the land, was to take steps, before the end of the period of twelve months after the day on which the land ceased to be so used, with a view to the disposal of his estate or interest.
- (1B) If it appears to the Board reasonable to do so, having regard to all the circumstances of a particular case, they may direct that in relation to that case subsection (1A) above shall have effect as if for the reference to 12 months there were substituted a reference to such longer period as meets the circumstances of that case.
- (2) Interest is not eligible for relief by virtue of this section unless it is payable by the person to whom the loan was made or by one of the annuitants.
- (3) If the loan was made after 26th March 1974 interest on it is eligible for relief by virtue of this section only to the extent that the amount on which it is payable does not exceed the sum of £30,000; and if the interest is payable by two or more persons the interest payable by each of them is so eligible only to the extent that the amount on which it is payable does not exceed such amount as bears to that sum the same proportion as the interest payable by him bears to the interest payable by both or all of them.
#### Information
##### 366
- (1) A person who claims relief under section 353 in respect of any payment of interest shall furnish to the inspector a statement in writing by the person to whom the payment is made, showing—
- (a) the date when the debt was incurred;
- (b) the amount of the debt when incurred;
- (c) the interest paid in the year of assessment for which the claim is made . . . ; and
- (d) the name and address of the debtor.
- (2) Where any such interest as is mentioned in section 353 is paid, the person to whom it is paid shall, if the person who pays it so requests in writing, furnish him with such statement as regards that interest as is mentioned in subsection (1) above; and the duty imposed by this subsection shall be enforceable at the suit or instance of the person making the request.
- (3) Subsections (1) and (2) above do not apply to interest paid to a building society, or to a local authority.
#### Provisions supplementary to sections 354 to 366
##### 367
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In section 365(3) references to the qualifying maximum for the year of assessment are references to such sum as Parliament may determine for the purpose for that year.
#### Exclusion of double relief etc
##### 368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Mortgage interest relief at source
#### Mortgage interest payable under deduction of tax
##### 369
- (1) If a person who is a qualifying borrower makes a payment of relevant loan interest to which this section applies, he shall be entitled, on making the payment, to deduct and retain out of it a sum equal to the applicable percentage thereof.
- (1A) In subsection (1) above “*the applicable percentage*” means 23 per cent..
- (2) Where a sum is deducted under subsection (1) above from a payment of relevant loan interest—
- (a) the person to whom the payment is made shall allow the deduction on receipt of the residue;
- (b) the borrower shall be acquitted and discharged of so much money as is represented by the deduction as if the sum had been actually paid; and
- (c) the sum deducted shall be treated as income tax paid by the person to whom the payment is made.
- (3) The following payments, that is to say—
- (a) payments of relevant loan interest to which this section applies, and
- (b) payments which would be such payments but for section 373(5),
shall not be allowable as deductions for any purpose of the Income Tax Acts except in so far as they fall to be treated as such payments by virtue only of section 375(2) and would be allowable apart from this subsection.
- (6) Any person by whom a payment of relevant loan interest to which this section applies is received shall be entitled to recover from the Board, in accordance with regulations, an amount which by virtue of subsection (2)(c) above is treated as income tax paid by him; and any amount so recovered shall be treated for the purposes of the Tax Acts in like manner as the payment of relevant loan interest to which it relates.
- (7) The following provisions of the Management Act, namely—
- (a) section 29(1)(c) (excessive relief) as it has effect apart from section 29(2) to (10) of that Act;
- (b) section 30 (tax repaid in error etc.) apart from subsection (1B) ,
- (c) section 86 (interest), and
- (d) section 95 (incorrect return or accounts),
shall apply in relation to an amount which is paid to any person by the Board as an amount recoverable in accordance with regulations made by virtue of subsection (6) above but to which that person is not entitled as if it were income tax which ought not to have been repaid and, where that amount was claimed by that person, as if it had been repaid as respects a chargeable period as a relief which was not due.
- (8) In the application of section 86 of the Management Act by virtue of subsection (7) above in relation to sums due and payable by virtue of an assessment made for the whole or part of a year of assessment (“the relevant year of assessment”) under section 29(1)(c) or 30 of that Act, as applied by that subsection, the relevant date—
- (a) is 1st January in the relevant year of assessment in a case where the person falling within subsection (6) above has made a relevant interim claim; and
- (b) in any other case, is the later of the following dates, that is to say—
- (i) 1st January in the relevant year of assessment; or
- (ii) the date of the making of the payment by the Board which gives rise to the assessment.
- (9) In this section—
- “*financial year*”, in relation to any person, means a financial year of that person for the purposes of the relevant regulations;
- “*interim claim*” means an interim claim within the meaning of the relevant regulations;
- “*relevant interim claim*” means, in relation to an assessment made for a period coterminous with, or falling wholly within, a person’s financial year, an interim claim made for a period falling wholly or partly within that financial year; and
- “*the relevant regulations*” means regulations made under section 378(3) for the purposes of subsection (6) above.
#### Relevant loan interest
##### 370
- (1) Subject to this section and sections 373 to 376, in this Part “*relevant loan interest*” means interest which is paid and payable in the United Kingdom to a qualifying lender and to which subsection (2) . . . below applies.
- (2) Subject to subsection (4) below, this subsection applies to interest if, disregarding section 353(2) and any other provision applying to interest falling to be treated as relevant loan interest—
- (a) it is interest falling within section . . . 365; and
- (b) apart (where applicable) from section . . . 365(3), the whole of the interest would be eligible for relief under section 353;. . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In determining whether subsection (2) above applies to any interest, section 365 shall have effect as if the words “or the Republic of Ireland” were omitted.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Second loans
##### 371
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Home improvement loans
##### 372
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loans in excess of the qualifying maximum, and joint borrowers
##### 373
- (1) The provisions of this section have effect in relation to a loan where, by virtue of . . . section 365(3), only part of the interest on the loan would (apart from section 353(2)) be eligible for relief under section 353; and in this section any such loan is referred to as a “*limited loan*”.
- (2) None of the interest on a limited loan is relevant loan interest unless—
- (a) the loan is made on or after 6th April 1987; or
- (b) the qualifying lender to whom the interest is payable has given notice to the Board in accordance with regulations that he is prepared to have limited loans of a description which includes that limited loan brought within the tax deduction scheme.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Where the condition in paragraph (a) or (b) of subsection (2) above is fulfilled . . . only so much of the interest as (apart from section 353(2)) would be eligible for relief under section 353 is relevant loan interest.
- (6) Where a loan on which interest is payable by the borrower was made jointly to the borrower and another person who is not the borrower’s husband or wife, the interest on the loan is not relevant loan interest unless—
- (a) each of the persons to whom the loan was made is a qualifying borrower; and
- (b) in relation to each of them considered separately, the whole of that interest is relevant loan interest, in accordance with section 370 and this section.
- (7) In subsection (6) above references to the borrower’s husband or wife do not include references to a separated husband or wife . . . .
#### Conditions for application of section 369
##### 374
- (1) Section 369 does not apply to any relevant loan interest unless—
- (a) in the case of a loan of a description specified by regulations for the purposes of this paragraph, the borrower or, in the case of joint borrowers, each of them has given notice to the lender in the prescribed form certifying—
- (i) that he is a qualifying borrower; and
- (ii) that the interest is relevant loan interest; and
- (iii) such other matters as may be prescribed; or
- (b) the Board have given notice to the lender and the borrower that the interest may be paid under deduction of tax; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the loan to which the interest relates is of a description specified by regulations for the purposes of this paragraph and was made—
- (i) if sub-paragraph (2) of paragraph 2 of Schedule 7 to the Finance Act 1982 applied to interest on the loan which became due on or after a date earlier than 6th April 1983, being a date specified by the Board in pursuance of sub-paragraph (5) of that paragraph, before that earlier date; or
- (ii) if the qualifying lender is a building society or a local authority, before 1st April 1983; or
- (iii) if sub-paragraphs (i) and (ii) above do not apply and the interest falls within section 370(2), before 6th April 1983.
- (2) Where notice has been given as mentioned in paragraph (a) or (b) of subsection (1) above, section 369 applies to any relevant loan interest to which the notice relates and which becomes due on or after the relevant date, as defined by subsection (3) below; and in a case falling within paragraph . . . (d) of subsection (1) above, section 369 applies to the relevant loan interest referred to in that paragraph.
- (3) In subsection (2) above “*the relevant date*” means—
- (a) in the case of a notice under subsection (1)(a) above, the date the notice is given, and
- (b) in the case of a notice under subsection (1)(b) above, a date specified in the notice as being the relevant date (which may be earlier than the date so specified as the date from which the interest may be paid under deduction of tax).
#### Interest ceasing to be relevant loan interest, etc
##### 375
- (1) If at any time—
- (a) the interest on a loan ceases to be relevant loan interest; or
- (b) a person making payments of relevant loan interest ceases to be a qualifying borrower;
the borrower shall give notice of the fact to the lender.
- (2) Without prejudice to subsection (3) below, in relation to a payment of interest—
- (a) which is due after the time referred to in subsection (1) above and before the date on which notice is given under that subsection, and
- (aa) as respects which any of the conditions mentioned in section 374(1) is fulfilled, and
- (b) from which a deduction was made as mentioned in section 369(1),
section 369 shall have effect as if the payment were a payment of relevant loan interest made by a qualifying borrower.
- (3) Nothing in subsection (2) above shall be taken as regards the borrower as entitling him to any deduction or to retain any amount deducted and, accordingly, where any amount that has been deducted exceeds the amount which ought to have been deducted, he shall be liable to make good the excess and an inspector may make such assessments as may in his judgment be required for recovering the excess.
- (4) The Management Act shall apply to an assessment under subsection (3) above as if it were an assessment to income tax for the year of assessment in which the deduction was made.
- (4A) If there is any unreasonable delay in the giving of a notice under subsection (1) above, the borrower shall be liable to a penalty not exceeding so much of the aggregate amount that he is liable to make good under subsection (3) above as is attributable to that delay.
- (5) If, as a result of receiving a notice under subsection (1) above or otherwise, a qualifying lender has reason to believe that any interest is no longer relevant loan interest or that a borrower is no longer a qualifying borrower, the lender shall furnish the Board with such information as is in his possession with respect to those matters.
- (6) Where it appears to the Board that any of the provisions of sections 370 to 373 is not or may not be fulfilled with respect to any interest, or that a qualifying borrower has or may have ceased to be a qualifying borrower, they shall give notice of that fact to the lender and the borrower specifying the description of relevant loan interest concerned or, as the case may be, that the borrower has or may have ceased to be a qualifying borrower.
- (7) Section 369 shall not apply to any payment of relevant loan interest of a description to which a notice under subsection (6) above relates and which becomes due or is made after such date as may be specified in the notice and before such date as may be specified in a further notice given by the Board to the lender and the borrower.
- (8) In any case where—
- (a) section 369 applies to any relevant loan interest by virtue of a notice under section 374(1)(b), and
- (b) the relevant date specified in the notice is earlier than the date from which the interest begins to be paid under deduction of tax, and
- (c) a payment of that interest was made on or after the relevant date but not under deduction of tax,
regulations may provide for a sum to be paid by the Board of an amount equal to that which the borrower would have been able to deduct from that payment by virtue of section 369 if it had been made after the relevant date.
- (8A) In any case where an amount to which a person is not entitled is paid to him by the Board in pursuance of regulations made by virtue of subsection (8) above, regulations may—
- (a) provide for an officer of the Board to make such assessments as may in his judgment be required for recovering that amount from that person; and
- (b) make provision corresponding to that made by subsection (4A) above and subsections (4) and (5) of section 374A.
- (8B) Subsections (1), (5) and (6) above shall not apply where interest ceases to be relevant loan interest by virtue of section 38 of the Finance Act 1999.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying borrowers and qualifying lenders
##### 376
- (1) Subject to subsection (2) below, an individual is a qualifying borrower with respect to the interest on any loan.
- (2) In relation to interest paid at a time when the borrower or the borrower’s husband or wife holds an office or employment which would, but for some special exemption or immunity from tax, be a taxable employment under Part 2 of ITEPA 2003 (as defined by section 66(3) of that Act), the borrower is not a qualifying borrower.
- (3) In subsection (2) above references to the borrower’s husband or wife do not include references to a separated husband or wife . . . .
- (4) The following bodies are qualifying lenders:—
- (a) a building society;
- (b) a local authority;
- (c) the Bank of England;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;
- (f) any company to which property and rights belonging to a trustee savings bank were transferred by section 3 of the Trustee Savings Bank Act 1985;
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (h) a development corporation within the meaning of the New Towns Act 1981 or the New Towns (Scotland) Act 1968;
- (j) the Homes and Communities Agency;
- (k) the Housing Corporation;
- (ka) the Secretary of State if the loan is made by him under section 79 of the Housing Associations Act 1985;
- (l) the Northern Ireland Housing Executive;
- (m) the Scottish Special Housing Association;
- (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (o) the Church of England Pensions Board;
- (p) any body which is for the time being registered under section 376A.
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Variation of terms of repayment of certain loans
##### 377
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary regulations
##### 378
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The Board may by regulations make provision—
- (a) for the purposes of any provision of sections 369 to 376A which relates to any matter or thing to be specified by or done in accordance with regulations;
- (b) for the application of those sections in relation to loan interest paid by personal representatives and trustees;
- (c) with respect to the furnishing of information by borrowers or lenders, including, in the case of lenders, the inspection of books, documents and other records on behalf of the Board;
- (d) for, and with respect to, appeals to the General Commissioners or the Special Commissioners against the refusal of the Board to issue a notice under section 374(1)(b) or the issue of a notice under section 375(6) or (7); and
- (e) generally for giving effect to sections 369 to 376A.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 369 to 378
##### 379
In sections 369 to 378—
- “contracts of general insurance” means contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contracts of long-term insurance” means contracts which fall within Part II of that Schedule;
- “*prescribed*” . . . means prescribed by the Board;
- “*qualifying borrower*” has the meaning given by section 376(1) to (3);
- “*qualifying lender*” has the meaning given by section 376(4) . . . ;
- “*regulations*” . . . means regulations made by the Board under section 378;
- “*relevant loan interest*” has the meaning given by section 370(1);
- “*separated*” means separated under an order of a court of competent jurisdiction or by deed of separation or in such circumstances that the separation is likely to be permanent.
## PART X — LOSS RELIEF AND GROUP RELIEF
### CHAPTER I — LOSS RELIEF: INCOME TAX
### Trade etc. losses
#### Set-off against general income
##### 380
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further relief for individuals for losses in early years of trade
##### 381
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 380 and 381
##### 382
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Extension of right of set-off to capital allowances
##### 383
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restrictions on right of set-off
##### 384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward against subsequent profits
##### 385
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward where business transferred to a company
##### 386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward as losses of amounts taxed under section 350
##### 387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-back of terminal losses
##### 388
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions relating to carry-back of terminal losses
##### 389
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of interest as a loss for purposes of carry-forward and carry-back
##### 390
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Losses from trade etc. carried on abroad
##### 391
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Case VI losses
#### Case VI losses
##### 392
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — LOSS RELIEF: CORPORATION TAX
### Trade etc. losses
#### Losses other than terminal losses
##### 393
- (1) Where in any accounting period a company carrying on a trade incurs a loss in the trade, the company may make a claim requiring that the loss be set off for the purposes of corporation tax against any trading income from the trade in succeeding accounting periods; and (so long as the company continues to carry on the trade) its trading income from the trade in any succeeding accounting period shall then be treated as reduced by the amount of the loss, or by so much of that amount as cannot be relieved under this subsection, or (if a claim is made under section 393A(1)) under section 393A(1) or 393B(3), against income or profits of an earlier accounting period.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The amount of a loss incurred in a trade in an accounting period shall be computed for the purposes of this section in the same way as trading income from the trade in that period would have been computed.
- (8) For the purposes of this section “*trading income*” means, in relation to any trade, the income which falls or would fall to be included in respect of the trade in the total profits of the company; but where—
- (a) in an accounting period a company incurs a loss in a trade in respect of which it is within the charge to corporation tax under Case I or V of Schedule D, and
- (b) in any later accounting period to which the loss or any part of it is carried forward under subsection (1) above relief in respect thereof cannot be given, or cannot wholly be given, because the amount of the trading income of the trade is insufficient,
any interest or dividends on investments which would fall to be taken into account as trading receipts in computing that trading income but for the fact that they have been subjected to tax under other provisions shall be treated for the purposes of subsection (1) above as if they were trading income of the trade.
- (9) Where in an accounting period the charges on income paid by a company—
- (a) exceed the amount of the profits against which they are deductible, and
- (b) include payments made wholly and exclusively for the purposes of a trade carried on by the company,
then, up to the amount of that excess or of those payments, whichever is the less, the charges on income so paid shall in computing a loss for the purposes of subsection (1) above be deductible as if they were trading expenses of the trade.
- (10) In this section references to a company carrying on a trade refer to the company carrying it on so as to be within the charge to corporation tax in respect of it.
- (11) A claim under subsection (1) above must be made within six years after the end of the accounting period in which the loss is incurred, and must be so made notwithstanding that relief cannot be given in respect of the loss until after the end of that period of six years; . . ..
#### Terminal losses
##### 394
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leasing contracts and company reconstructions
##### 395
- (1) Subject to the provisions of this section, if—
- (a) under a contract entered into on or after 6th March 1973 a company (“*the first company*”) incurs capital expenditure on the provision of plant or machinery which the first company lets to another person by another contract (a “*leasing contract*”); and
- (b) apart from this subsection, the first company would be entitled under section 393(1) or in pursuance of a claim under section 393A(1) to relief in respect of losses incurred on the leasing contract; and
- (c) in the accounting period for which an annual investment allowance or a first-year allowance, within the meaning of Part 2 of the Capital Allowances Act, in respect of the expenditure referred to in paragraph (a) above is made to the first company, arrangements are in existence by virtue of which, at some time during or after the expiry of that accounting period, a successor company will be able to carry on any part of the first company’s trade which consists of or includes the performance of all or any of the obligations which, apart from the arrangements, would be the first company’s obligations under the leasing contract,
then, in the accounting period specified in paragraph (c) above and in any subsequent accounting period, the first company shall not be entitled . . . as mentioned in paragraph (b) above except in computing its profits (if any) arising under the leasing contract.
- (2) For the purposes of this section a company is a successor of the first company if the circumstances are such that—
- (a) section 343 applies in relation to the first company and the other company as the predecessor and the successor within the meaning of that section; or
- (b) the two companies are connected with each other within the terms of section 839.
- (3) For the purposes of this section losses incurred on a leasing contract and profits arising under such a contract shall be computed as if the performance of the leasing contract were a trade begun to be carried on by the first company, separately from any other trade which it may carry on, at the commencement of the letting under the leasing contract.
- (4) In determining whether the first company would be entitled . . . as mentioned in subsection (1)(b) above, any losses incurred on the leasing contract shall be treated as incurred in a trade carried on by that company separately from any other trade which it may carry on.
- (5) In this section “*arrangements*” means arrangements of any kind whether in writing or not.
### Case VI losses
#### Case VI losses
##### 396
- (1) Subject to subsection (2) below, where in any accounting period a company incurs a loss in a transaction in respect of which the company is within the charge to corporation tax under Case VI of Schedule D, the company may make a claim requiring that the loss be set off against the amount of any income arising from transactions in respect of which the company is assessed to corporation tax under that Case for the same or any subsequent accounting period; and the company’s income in any accounting period from such transactions shall then be treated as reduced by the amount of the loss, or by so much of that amount as cannot be relieved under this section against income of an earlier accounting period.
- (2) This section shall not apply to a loss incurred in a transaction falling within section 34, 35 or 36 or on a disposal to which Chapter 5 of Part 17 applies.
- (3) A claim under this section must be made within six years after the end of the accounting period in which the loss is incurred and must be so made notwithstanding that relief cannot be given in respect of the loss until after the end of that period of six years .
### CHAPTER III — LOSS RELIEF: MISCELLANEOUS PROVISIONS
#### Restriction of relief in case of farming and market gardening
##### 397
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Any loss incurred in any accounting period by a company in carrying on a trade of farming or market gardening shall be excluded from section 393(2) if a loss, computed without regard to capital allowances, was incurred in carrying on that trade in that accounting period, and in each of the chargeable periods wholly or partly comprised in the prior five years.
- (3) This section shall not restrict relief for any loss or for any capital allowance in any case—
- (a) where the whole of the farming or market gardening activities in the year next following the prior five years are of such a nature, and carried on in such a way, as would have justified a reasonable expectation of the realisation of profits in the future if they had been undertaken by a competent farmer or market gardener, but
- (b) where, if that farmer or market gardener had undertaken those activities at the beginning of the prior period of loss, that farmer or market gardener could not reasonably have expected the activities to become profitable until after the end of the year next following the prior period of loss.
- (4) This section shall not restrict relief where the carrying on of the trade forms part of, and is ancillary to, a larger trading undertaking.
- (5) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*prior five years*” means, in relation to a loss incurred in a company's accounting period, the last five years before the beginning of that period;
- “*prior period of loss*” means the prior five years, except that, if losses were incurred in the trade in successive . . . chargeable periods amounting in all to a period longer than five years (and ending when the prior five years end), it means that longer period, and for this purpose“*losses*” means losses computed without regard to capital allowances; and
- “*farming*” and “*market gardening*” shall be construed in accordance with the definitions in section 832, but as if those definitions were not restricted to activities in the United Kingdom.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In ascertaining for the purposes of this section whether a loss was incurred in any part of the prior five years or earlier, the rules applicable to . . . Case I of Schedule D (or to the calculation of the profits of a trade in Part 2 of ITTOIA 2005) shall be applied; and in this section “*loss computed without regard to capital allowances*” means . . . a loss so ascertained, but disregarding—
- (a) any allowance or charge under the Capital Allowances Act (including enactments which under this Act are to be treated as contained in that Act); and
- (b) any provision of that Act requiring allowances and charges to be treated as expenses and receipts of the trade.
- (8) This section shall not restrict relief for any loss or capital allowance if the trade was set up and commenced within the prior five years, and, for the purposes of this subsection
- (a) a trade shall be treated as discontinued, and a new trade set up, in any event which under any of the provisions of the Corporation Tax Acts is to be treated as equivalent to the permanent discontinuance or setting up of a trade; and
- (b) without prejudice to paragraph (a), a trade shall be treated as discontinued, and a new trade set up, at any time when there is a change in the persons carrying on the trade which involves all of the persons carrying it on before the change permanently ceasing to carry it on.
- (9) For the purposes of subsection (8) above a trade shall not be treated as discontinued if, under section 343(2), it is not to be treated as discontinued for the purpose of capital allowances and charges.
- (10) Where at any time there has been a change in the persons carrying on a trade, this section shall, notwithstanding subsection (8) above, apply as if—
- (a) a husband and his wife were the same person, . . .
- (ab) two civil partners of each other were the same person,
- (b) a husband or his wife were the same person as any company of which either the husband or the wife has control, or of which the two of them have control; and
- (c) a civil partner of another were the same person as any company of which either of the civil partners has control, or of which the two of them have control;
and accordingly relief . . . may be restricted under this section by reference to losses (computed without regard to capital allowances) some of which are incurred in an accounting period wholly or partly comprised in the prior five years and some of which are incurred in a year of assessment wholly or partly comprised in the prior five years.
#### Transactions in deposits with and without certificates or in debts
##### 398
Where a company sustains a loss on the exercise or disposal of a right to receive any amount, being a right to which section 56(2) . . . applies, in a case where—
- (a) if a profit had arisen from that exercise or disposal, that profit would have been chargeable to corporation tax by virtue of section 56(2) . . . , and
- (b) the company is chargeable to corporation tax under Schedule D in respect of interest payable on that amount,
then the amount of that interest shall be included in the amounts against which the amount of its loss may be set off under section 396.
#### Dealings in commodity futures etc: withdrawal of loss relief
##### 399
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) If, apart from section 143(1) of the 1992 Act or section 128(2) above, gains arising in the course of dealing in financial futures or in qualifying options would constitute, for the purposes of the Corporation Tax Acts, profits and gains chargeable to tax under Case V or VI of Schedule D, then any loss arising in the course of that dealing shall not be allowable against profits and gains which are chargeable to tax under Case V or VI of Schedule D.
- (2) Relief shall not be given to any company under section393A(1) in respect of a loss sustained in a trade of dealing in commodity futures if—
- (a) the loss was sustained in a trade carried on in partnership . . . ; and
- (b) a scheme has been effected or arrangements have been made (whether by the partnership agreement or otherwise) such that the sole or main benefit that might be expected to accrue to that company from its interest in the partnership was the obtaining of a reduction in corporation tax liability by means of any such relief.
- (3) Where relief has been given in a case to which subsection (2) above applies it shall be withdrawn by the making of an assessment to corporation tax under Case VI of Schedule D.
- (4) Subsection (2) above does not apply where the scheme was effected or the arrangements were made wholly before 6th April 1976.
- (5) In this section “*commodity futures*”, “*financial futures*” and “*qualifying options*” have the same meanings as in section 143 of the 1992 Act. . . .
#### Write-off of government investment
##### 400
- (1) Where any amount of government investment in a body corporate is written-off on or after 6th April 1988, an amount equal to the amount written-off shall be set off against the body’s tax losses as at the end of the accounting period ending last before the write-off date and, to the extent to which that amount exceeds those losses, against the body’s tax losses as at the end of the next accounting period and so on.
- (2) For the purposes of subsection (1) above a body’s tax losses as at the end of an accounting period are—
- (a) any losses which under section 393(1) are . . . available for relief against its trading income for the next accounting period;
- (b) in the case of a company with investment business, within the meaning of Part 4, any such excess as is mentioned in subsection (8) of section 75 which falls to be treated in accordance with subsection (9) of that section;
- (bb) any losses which—
- (i) under section 392A(2) or 392B are carried forward to the next accounting period, or
- (ii) under section 392A(3) are to be carried forward to the next accounting period and treated for the purposes of section 75 as if they were expenses of management deductible for that period;
- (c) any allowances which under section 260(2) of the Capital Allowances Act are available for carry forward to the next accounting period;
- (d) any amount paid by way of charges on income so far as it exceeds the company’s profit for the period and is not taken into account under 75(3) or 393(9); and
- (e) any allowable losses available under 8 of the 1992 Act so far as not allowed in that or a previous accounting period.
- (3) The set off to be made under subsection (1) above for any accounting period shall be made first against the amounts in paragraphs (a) to (d) of subsection (2) above and, so far as it cannot be so made, against the amount in paragraph (e) of that subsection.
- (4) For the purposes of subsection (1) above there shall be excluded from a body’s tax losses as at the end of the accounting period ending last before the write-off date any amounts in respect of which a claim has been made before the write-off date under section 393A(1) or 402 of this Act or section 260(3) of the Capital Allowances Act but the body’s tax losses as at the end of any subsequent accounting period shall be determined as if no such claim had been made on or after that date.
- (5) Any amount that could be set off under subsection (1) above against a body’s tax losses as at the end of an accounting period (or could be so set off if that body then had any such losses) may be set off against the tax losses of any other body corporate which at the end of that period is a member of the same group as the first-mentioned body, or partly against the tax losses of one member of that group and partly against those of the other or any of the others, as may be just and reasonable.
- (6) Expenditure shall not be treated for the purposes of section 532 or 536 of the Capital Allowances Act or section 50 of the 1992 Act as met by the Crown by reason only of the writing-off of any government investment in the body in question and a sum shall not by reason only of any such writing-off be treated as not having been deductible in computing the profits of that body for the purposes of Case I or II of Schedule D.
- (7) For the purposes of this section an amount of government investment in a body corporate is written-off—
- (a) if its liability to repay any money lent to it out of public funds by a Minister of the Crown or the Scottish Ministers is extinguished;
- (b) if any of its shares for which a Minister of the Crown has , or the Scottish Ministers have, subscribed out of public funds are cancelled; or
- (c) if its commencing capital debt is reduced otherwise than by being paid off or its public dividend capital is reduced otherwise than by being repaid (including, in either case, a reduction to nil);
and the amount written-off and the write-off date are the amount in respect of which the liability is extinguished and the date on which it is extinguished, the amount subscribed for the shares that are cancelled and the date of cancellation or the amount of reduction in the commencing capital debt or public dividend capital and the date of the reduction, as the case may be.
- (8) In subsection (7) above “*commencing capital debt*” means any debt to a Minister of the Crown or the Scottish Ministers assumed as such under an enactment and “*public dividend capital*” means any amount paid by a Minister of the Crown or the Scottish Ministers under an enactment in which that amount is so described or under an enactment corresponding to an enactment in which a payment made on similar terms to another body is so described.
- (9) This section shall not have effect in relation to any amount written-off if and to the extent to which it is replaced by money lent, or a payment made, out of public funds or by shares subscribed for, whether for money or money’s worth, by a Minister of the Crown or the Scottish Ministers.
- (9A) Nothing in section 80(5) of the Finance Act 1996 (matters to be brought into account in the case of loan relationships only under Chapter II of Part IV of that Act) shall be construed as preventing this section from applying where a government investment in a body corporate is written off by the extinguishment, in whole or in part, of any liability under a loan relationship.
- (10) In this section—
- “*body corporate*” means any body corporate which is a company for the purposes of corporation tax;
- “*group*” means a company having one or more 51 per cent. subsidiaries and that or those subsidiaries; and
- “*Minister of the Crown*” includes a Northern Ireland department.
#### Relief for pre-trading expenditure
##### 401
- (1) Where a company incurs expenditure for the purposes of a trade or profession before the time when the company begins to carry it on and the expenditure—
- (a) is incurred not more than seven years before that time; and
- (b) is not allowable as a deduction in computing the company'sprofits from the trade or profession for the purposes of Case I or II of Schedule D but would have been so allowable if incurred after that time,
the expenditure shall be treated as incurred on the day on which the trade or profession is first carried on by the company.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1AA) Subsection (1) above shall not apply to any expenditure in relation to which any debit falls, or (but for subsection (1AB) below) would fall, to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships).
- (1AB) Where, in the case of any company—
- (a) a non-trading debit is given for any accounting period for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships), and
- (b) an election for the purposes of this section is made by that company with respect to that debit within the period of 2 years beginning with the end of that accounting period,
that debit shall not be brought into account for the purposes of that Chapter as a non-trading debit for that period, but subsection (1AC) below shall apply instead.
- (1AC) If a company—
- (a) begins to carry on a trade within the period of seven years after the end of the accounting period for which a non-trading debit is given for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships),
- (b) that debit is such that, if it had been given for the accounting period in which the company begins to carry on that trade, it would have been brought into account by reference to that trade in accordance with section 82(2) of that Act (trading debits and credits), and
- (c) an election is or has been made with respect to that debit under subsection (1AB) above,
that debit shall be treated for the purposes of that Chapter as if it were a debit for the accounting period in which the company begins to carry on the trade and shall be brought into account for that period in accordance with section 82(2) of that Act.
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — GROUP RELIEF
#### Surrender of relief between members of groups and consortia
##### 402
- (1) Subject to and in accordance with this Chapter and section 492(8)—
- (a) relief for trading losses and other amounts eligible for relief from corporation tax, or
- (b) losses and other amounts not eligible for relief from corporation tax,
may, in the cases set out in subsections (2) and (3) below, be surrendered by a company (“*the surrendering company*”) and, on the making of a claim by another company (“*the claimant company*”) may be allowed to the claimant company by way of a relief from corporation tax called “*group relief*”.
- (2) In respect of amounts falling within subsection (1)(a) above, group relief shall be available in a case where—
- (a) the surrendering company and the claimant company are both members of the same group,
- (b) the surrendering company is resident in the United Kingdom or is not so resident but carries on a trade there through a permanent establishment, and
- (c) the claimant company is resident in the United Kingdom or is not so resident but carries on a trade there through a permanent establishment,
and, in respect of amounts falling within subsection (1)(b) above, group relief shall be available in a case where the condition in subsection (2A) below is satisfied.
A claim made by virtue of this subsection is referred to as a “*group claim*”.
- (2A) The condition in this subsection is satisfied if the surrendering company is within the charge to tax under the law of any EEA territory and—
- (a) the surrendering company is a 75 per cent. subsidiary of the claimant company and the claimant company is resident in the United Kingdom, or
- (b) both the surrendering company and the claimant company are 75 per cent. subsidiaries of a third company that is resident in the United Kingdom.
- (2B) For the purposes of subsection (2A) above, the surrendering company is within the charge to tax under the law of any EEA territory if—
- (a) it is a non-resident company which is resident in any EEA territory, or
- (b) it is a non-resident company which is not resident in any EEA territory but which carries on a trade in any EEA territory through a permanent establishment.
- (3A) A consortium claim shall not be made unless the following condition is satisfied in the case of both the surrendering company and the claimant company.
- (3B) The condition is that the company is resident in the United Kingdom or is a non-resident company carrying on a trade in the United Kingdom through a permanent establishment.
- (4) A consortium claim shall not be made . . . if a profit on a sale of the share capital of the other company or its holding company which the member owns would be treated as a trading receipt of that member.
- (5) Subject to the provisions of this Chapter, two or more claimant companies may make claims relating to the same surrendering company, and to the same accounting period of that surrendering company.
- (6) A payment for group relief—
- (a) shall not be taken into account in computing profits or losses of either company for corporation tax purposes, and
- (b) shall not for any of the purposes of the Corporation Tax Acts be regarded as a distribution . . . ;
and in this subsection “*a payment for group relief*” means a payment made by the claimant company to the surrendering company in pursuance of an agreement between them as respects an amount surrendered by way of group relief, being a payment not exceeding that amount.
#### Losses etc. which may be surrendered by way of group relief
##### 403
- (1) If in an accounting period (the “surrender period") the surrendering company has—
- (a) trading losses, excess capital allowances or a non-trading deficit on its loan relationships, or
- (b) charges on income, Schedule A losses , management expenses or a non-trading loss on intangible fixed assets available for group relief,
the amount may, subject to the provisions of this Chapter, be set off for the purposes of corporation tax against the total profits of the claimant company for its corresponding accounting period.
- (2) Trading losses, excess capital allowances and a non-trading deficit on the company’s loan relationships are eligible for surrender as group relief even if the surrendering company has other profits of the surrender period against which they could be set.
Further provision about relief in respect of amounts eligible for surrender under this subsection is contained in sections 403ZA to 403ZC.
- (3) Charges on income, Schedule A losses management expenses and a non-trading loss on intangible fixed assets are available for surrender as group relief only to the extent that in aggregate they exceed the surrendering company’s gross profits for the surrender period.
Any excess surrendered shall be taken to consist first of charges on income, then Schedule A losses , management expenses and finally a non-trading loss on intangible fixed assets.
Further provision about relief in respect of amounts available for surrender under this subsection is contained in section 403ZD.
- (4) This section has effect subject to—
- section 404 (limitation of group relief in relation to certain dual resident companies), and
- sections 492(8) and 494A (oil extraction activities: availability of group relief against ring fence profits), and
- section 785ZA (restrictions on use of losses: leasing partnerships), and
- paragraph 38 of Schedule 10 to the Finance Act 2006 (sale etc of lessor companies etc: anti-avoidance).
#### Limitation of group relief in relation to certain dual resident companies
##### 404
- (1) Notwithstanding any other provision of this Chapter, no loss or other amount shall be available for set off by way of group relief in accordance with section 403 if, in the material accounting period of the company which would otherwise be the surrendering company, that company is for the purposes of this section a dual resident investing company.
- (2) In this section “*the material accounting period*” means, according to the kind of group relief which would be appropriate, the accounting period—
- (a) in which the trading loss or Schedule A loss is incurred; or
- (aa) in which the non-trading deficit on the company’s loan relationships arises; or
- (b) for which the capital allowances fall to be made; or
- (c) for which the expenses of management are deductible; or
- (d) for which the amount is paid by way of charges on income;
but subsection (1) above does not have effect unless the material accounting period begins on or after 1st April 1987.
- (3) In Schedule 17—
- (a) Part I has effect where an accounting period of a company in which it is a dual resident investing company begins before and ends on or after 1st April 1987 and references in subsections (1) and (2) above to the material accounting period shall be construed accordingly; and
- (b) Part II has effect with respect to the time at which certain interest and other payments are to be treated as paid.
- (4) A company is for the purposes of this section a dual resident company in any accounting period in which—
- (a) it is resident in the United Kingdom; and
- (b) it is also within a charge to tax under the laws of a territory outside the United Kingdom—
- (i) because it derives its status as a company from those laws; or
- (ii) because its place of management is in that territory; or
- (iii) because under those laws it is for any other reason regarded as resident in that territory for the purposes of that charge.
- (5) In any accounting period throughout which it is not a trading company, a dual resident company is for the purposes of this section an investing company.
- (6) In any accounting period of a dual resident company in which it is a trading company, the company is nevertheless for the purposes of this section an investing company if—
- (a) in that period it carries on a trade of such a description that its main function or one of its main functions consists of all or any of the following, namely—
- (i) acquiring and holding, directly or indirectly, shares, securities or investments of any other description, including interests in companies (resident outside, as well as in, the United Kingdom) with which the dual resident company is connected, within the terms of section 839;
- (ia) making payments in relation to which, being payments under loan relationships, any debits fall to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996;
- (ii) making payments which, by virtue of any enactment, are charges on income for the purposes of corporation tax;
- (iii) making payments (of interest or other sums) which are similar to those referred to in sub-paragraph (ii) above but which are deductible in computing the profits of the company for the purposes of corporation tax;
- (iv) obtaining funds (by borrowing or in any other manner whatsoever) for the purpose of, or otherwise in connection with, any of the activities referred to in sub-paragraphs (i) to (iii) above; or
- (b) it does not fall within paragraph (a) above, but in that accounting period it carries on all or any of the activities referred to in sub-paragraphs (i) to (iv) of that paragraph and does so—
- (i) to an extent which does not appear to be justified by any trade which it does carry on; or
- (ii) for a purpose which does not appear to be appropriate to any such trade; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In this section “*debtor relationship*” has the same meaning as in Chapter II of Part IV of the Finance Act 1996.
#### Claims relating to losses etc. of members of both group and consortium
##### 405
- (1) For the purposes of a consortium claim in respect of the loss or other amount of any relevant accounting period of a group/consortium company, that loss or other amount shall be treated as reduced (or, as the case may be, extinguished) by first deducting therefrom the potential relief attributable to group claims.
- (2) Subject to subsection (3) below, in relation to the loss or other amount of a relevant accounting period of a group/consortium company, the potential relief attributable to group claims is the aggregate amount of group relief that would be claimed if every company which, as a member of the same group of companies as the group/consortium company, could make a group claim in respect of that loss or other amount made such a claim for an amount which, when set against the claimant company’s total profits for its corresponding accounting period, would equal those profits.
- (3) Where for any accounting period another member of the group of companies of which the group/consortium company is a member has a loss or other amount available for relief and one or more group claims is or are in fact made in respect of that loss or other amount, account shall be taken of the relief so claimed before determining (in relation to the loss or other amount of the group/consortium company) the potential relief attributable to group claims under subsection (2) above.
- (4) In any case where—
- (a) a consortium claim is made by a group/consortium company in respect of a loss or other amount of an accounting period of a member of the consortium, and
- (b) the corresponding accounting period of the group/consortium company is a relevant accounting period,
the total profits of the corresponding accounting period of the group/consortium company against which an amount may by virtue of that claim be set off by way of group relief shall be treated as reduced (or as the case may be extinguished) by deducting therefrom the potential relief available to the group/consortium company by way of group claims.
- (5) Subject to subsection (6) below, in relation to a relevant accounting period of a group/consortium company, the potential relief available to the company by way of group claims is the maximum amount of group relief that could be claimed by the company for that accounting period on group claims relating to the losses or other amounts available for relief of other members of the group of companies of which the group/consortium company is a member.
- (6) Where another member of the group of companies of which the group/consortium company is a member in fact makes one or more group claims in respect of losses or other amounts of other members of the group, account shall be taken of the relief already claimed by that company in determining the potential relief available to the group/consortium company by way of group claims under subsection (5) above.
#### Claims relating to losses etc. of consortium company or group member
##### 406
- (1) In this section—
- (a) “*link company*” means a company which is a member of a consortium and is also a member of a group of companies; and
- (b) “*consortium company*”, in relation to a link company, means a company owned by the consortium of which the link company is a member; and
- (c) “*group member*”, in relation to a link company, means a company which is a member of the group of which the link company is also a member but is not itself a member of the consortium of which the link company is a member.
- (2) Subject to subsections (3) and (4) below, where the link company could (disregarding any deficiency of profits) make a consortium claim in respect of the loss or other amount eligible for relief of a relevant accounting period of a consortium company, a group member may make any consortium claim which could be made by the link company; and the fraction which is the relevant fraction for the purposes of section 403C where a group member is the claimant company shall be the same as it would be if the link company were the claimant company.
- (3) Sections 403A to 403C shall have effect in relation to a consortium claim made by a group member by virtue of subsection (2) above as if any time when the claimant company was not a member of the group—
- (a) were not comprised in the period which is the overlapping period in the case of that claim; and
- (b) were to be treated instead as if it constituted a part of the claim period which did not coincide with any part of the accounting period of the surrendering company to which the claim relates.
- (4) The maximum amount of relief which, in the aggregate, may be claimed by group members and the link company by consortium claims relating to the loss or other amount of a relevant accounting period of a consortium company shall not exceed the relief which could have been claimed by the link company (disregarding any deficiency of profits) if subsections (2) and (3) above had not been enacted.
- (5) Subject to subsections (6) to (8) below, where a group member has for a relevant accounting period a loss or other amount available for relief, a consortium company may make any claim in respect of that loss or other amount which it could make if the group member were a member of the consortium at all times when the link company was such a member, but not at any other time.
- (6) The fraction which is the relevant fraction for the purposes of section 403C in relation to a consortium claim made by virtue of subsection (5) above shall be the same as it would be if the link company were the surrendering company, except that the overlapping period in respect of which the relevant fraction is to be ascertained shall be that of the group member which is in fact the surrendering company.
- (7) Sections 403A to 403C shall have effect in relation to a consortium claim made by a consortium company by virtue of subsection (5) above as if any time when the surrendering company was not a member of the group—
- (a) were not comprised in the period which is the overlapping period in the case of that claim; and
- (b) were to be treated instead as if it constituted a part of the claim period that did not coincide with any part of the accounting period of the surrendering company to which the claim relates.
- (8) For any accounting period of a consortium company (“*the claimant company’s accounting period*”) the maximum amount of relief which, in the aggregate, may be claimed by that company by consortium claims relating to the losses or other amounts of accounting periods of the link company and group members shall not exceed the maximum amount of relief available to the claimant company on a consortium claim in respect of which—
- (a) the link company was the surrendering company; and
- (b) the link company’s accounting period was the same as the claimant company’s accounting period.
#### Relationship between group relief and other relief
##### 407
- (1) Group relief for an accounting period shall be allowed as a deduction against the claimant company’s total profits for the period—
- (a) before reduction by any relief derived from a subsequent accounting period, but
- (b) as reduced by any other relief from tax (including relief in respect of charges on income under section 338(1) of this Act or by virtue of section 83 of, or paragraph 4 of Schedule 11 to, the Finance Act 1996 (non-trading deficits)) determined on the assumption that the company makes all relevant claims under section 393A(1) of this Act and section 260(3) of the Capital Allowances Act(set-off of capital allowances against total profits).
- (2) For the purposes of this section “*relief derived from a subsequent accounting period*” means—
- (a) relief under section 393A(1)(b) in respect of a loss incurred in an accounting period after the accounting period the profits of which are being computed; and
- (b) relief under section 260(3) of the Capital Allowances Act in respect of capital allowances falling to be made for an accounting period after the accounting period the profits of which are being computed; and
- (c) relief in pursuance of a claim under section 83(2) of, or paragraph 4 of Schedule 11 to, the Finance Act 1996 (non-trading deficits) in respect of any deficit for a deficit period after the accounting period the profits of which are being computed.
- (3) The reductions to be made in total profits of an accounting period against which any relief derived from a subsequent accounting period is to be set off shall include any group relief for that first-mentioned accounting period.
#### Corresponding accounting periods
##### 408
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Companies joining or leaving group or consortium
##### 409
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Arrangements for transfer of company to another group or consortium
##### 410
- (1) If, apart from this section, two companies (“*the first company*” and “*the second company*”) would be treated as members of the same group of companies and—
- (a) in an accounting period one of the two companies has trading losses or other amounts eligible for relief from corporation tax which it would, apart from this section, be entitled to surrender by way of group relief; and
- (b) arrangements are in existence by virtue of which, at some time during or after the expiry of that accounting period—
- (i) the first company or any successor of it could cease to be a member of the same group of companies as the second company and could become a member of the same group of companies as a third company; or
- (ii) any person has or could obtain, or any persons together have or could obtain, control of the first company but not of the second; or
- (iii) a third company could begin to carry on the whole or any part of a trade which, at any time in that accounting period, is carried on by the first company and could do so either as a successor of the first company or as a successor of another company which is not a third company but which, at some time during or after the expiry of that accounting period, has begun to carry on the whole or any part of that trade;
then, for the purposes of this Chapter, the first company shall be treated as not being a member of the same group of companies as the second company.
- (2) If a trading company is owned by a consortium or is a 90 per cent. subsidiary of a holding company which is owned by a consortium and—
- (a) in any accounting period the trading company or a member of the consortium has trading losses or other amounts eligible for relief from corporation tax which it would, apart from this section, be entitled to surrender by way of group relief; and
- (b) arrangements are in existence by virtue of which—
- (i) the trading company or any successor of it could, at some time during or after the expiry of that accounting period, become a 75 per cent. subsidiary of a third company; or
- (ii) any person who owns, or any persons who together own, less than 50 per cent. of the ordinary share capital of the trading company has or together have, or could at some time during or after the expiry of that accounting period obtain, control of the trading company; or
- (iii) any person, other than a holding company of which the trading company is a 90 per cent. subsidiary, either alone or together with connected persons, holds or could obtain, or controls or could control the exercise of not less than 75 per cent. of the votes which may be cast on a poll taken at a general meeting of that trading company in that accounting period or in any subsequent accounting period; or
- (iv) a third company could begin to carry on, at some time during or after the expiry of that accounting period, the whole or any part of a trade which, at any time in that accounting period, is carried on by the trading company and could do so either as a successor of the trading company or as a successor of another company which is not a third company but which, at some time during or after the expiry of that accounting period, has begun to carry on the whole or any part of that trade;
then, for the purposes of this Chapter, the trading company shall be treated as though it did not (as the surrendering company or the claimant company) fall within section 402(3).
- (3) In any case where a trading company is a 90 per cent. subsidiary of a holding company which is owned by a consortium, any reference in subsection (2) above to the trading company, other than a reference in paragraph (b)(iv), shall be construed as including a reference to the holding company.
- (4) In this section “*third company*” means a company which, apart from any provision made by or under any such arrangements as are specified in paragraph (b) of either subsection (1) or subsection (2) above, is not a member of the same group of companies as the first company or, as the case may be, the trading company or the holding company to which subsection (2) above applies.
- (5) In subsections (1) and (2) above—
- “*arrangements*” means arrangements of any kind whether in writing or not;
- “*connected persons*” shall be construed in accordance with section 839 but as if subsection (7) of that section (persons acting together to control a company are connected) were omitted; and
- “*control*” has the meaning assigned by section 840.
- (6) For the purposes of subsections (1) and (2) above a company is the successor of another if it carries on a trade which, in whole or in part, the other company has ceased to carry on and the circumstances are such that—
- (a) section 343 applies in relation to the two companies as the predecessor and the successor within the meaning of that section; or
- (b) the two companies are connected with each other within the meaning of section 839.
- (7) Where by virtue of any enactment a Minister of the Crown or Northern Ireland department has power to give directions to a statutory body as to the disposal of assets belonging to, or to a subsidiary of, that body, the existence of that power shall not be regarded as constituting or as having at any time constituted an arrangement within the meaning of this section.
#### Exclusion of double allowances
##### 411
- (1) Relief shall not be given more than once in respect of the same amount, whether by giving group relief and by giving some other relief (in any accounting period) to the surrendering company, or by giving group relief more than once.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . Any reference in the Capital Allowances Act, except Parts 6 and 10, to an allowance made includes a reference to an allowance which would be made but for the granting of group relief, or but for that and but for an insufficiency of profits or other income against which to make it.
#### Claims and adjustments
##### 412
- (1) Claims for group relief are dealt with in Part VIII of Schedule 18 to the Finance Act 1998.
- (2) Paragraph 76 of that Schedule provides for assessments or other adjustments where group relief has been given which is or has become excessive.
#### Interpretation of Chapter IV
##### 413
- (1) The following provisions of this section have effect for the interpretation of this Chapter.
- (2) In this Chapter—
- “*claimant company*” has the meaning given by section 402(1);
- “*company*” means any body corporate;
- “*consortium claim*” means a claim for group relief made by virtue of section 402(3);
- “*EEA territory*”, in relation to any time, means a territory outside the United Kingdom which is within the European Economic Area at that time;
- “*group claim*” means a claim for group relief made by virtue of section 402(2);
- “*group/consortium company*” means a company which is both a member of a group of companies and a company owned by a consortium;
- “*group relief*” has the meaning given by section 402(1);
- “*non-resident company*” means a company that is not resident in the United Kingdom;
- “*relevant accounting period*” means an accounting period beginning after 31st July 1985; and
- “*surrendering company*” has the meaning given by section 402(1).
- (2A) For the purposes of group relief an accounting period of the claimant company which falls wholly or partly within an accounting period of the surrendering company shall be taken to correspond to that accounting period of the surrendering company.
- (3) For the purposes of this Chapter—
- (a) two companies shall be deemed to be members of a group of companies if one is the 75 per cent. subsidiary of the other or both are 75 per cent. subsidiaries of a third company;
- (b) “*holding company*” means a company the business of which consists wholly or mainly in the holding of shares or securities of companies which are its 90 per cent. subsidiaries and which are trading companies; and
- (c) “*trading company*” means a company the business of which consists wholly or mainly in the carrying on of a trade or trades.
- (4) In applying for the purposes of this Chapter the definition of “*75 per cent. subsidiary*” in section 838, any share capital of a registered industrial and provident society shall be treated as ordinary share capital.
- (5) . . . In determining for the purposes of this Chapter whether one company is a 75 per cent. subsidiary of another, the other company shall be treated as not being the owner—
- (a) of any share capital which it owns directly in a body corporate if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) of any share capital which it owns indirectly, and which is owned directly by a body corporate for which a profit on a sale of the shares would be a trading receipt;. . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) References to a company being owned by a consortium shall be construed in accordance with paragraph (a) below except for the purposes of the definition of “*group consortium company*” in subsection (2) above and of sections 403ZA(3), 406(1)(b) and 409(5), (6) and (7), and for those purposes shall be construed in accordance with paragraph (b) below—
- (a) a company is owned by a consortium if three-quarters or more of the ordinary share capital of the company is beneficially owned between them by companies of which none beneficially owns less than one-twentieth of that capital;
- (b) a company is owned by a consortium if—
- (i) it is either such a trading company as is referred to in paragraph (a) or (b) of subsection (3) of section 402 or such a holding company as is referred to in paragraph (c) of that subsection, and
- (ii) three-quarters or more of the ordinary share capital of the company or, in the case of a company within section 402(3)(b), of its holding company is beneficially owned between them by companies of which none beneficially owns less than one-twentieth of that capital;
and the companies which so own three-quarters or more of that ordinary share capital are in this Chapter called the members of the consortium.
- (7) Notwithstanding that at any time a company (“*the subsidiary company*”) is a 75 per cent. subsidiary or a 90 per cent. subsidiary of another company (“*the parent company*”) it shall not be treated at that time as such a subsidiary for the purposes of this Chapter unless, additionally at that time—
- (a) the parent company is beneficially entitled to not less than 75 per cent. or, as the case may be, 90 per cent. of any profits available for distribution to equity holders of the subsidiary company; and
- (b) the parent company would be beneficially entitled to not less than 75 per cent. or, as the case may be, 90 per cent. of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Schedule 18 shall have effect for supplementing this section.
## PART XI — CLOSE COMPANIES
### CHAPTER I — INTERPRETATIVE PROVISIONS
#### Close companies
##### 414
- (1) For the purposes of the Corporation Tax Acts, a “*close company*” is one which is under the control of five or fewer participators, or of participators who are directors, except that the expression does not apply—
- (a) to a company not resident in the United Kingdom;
- (b) to a registered industrial and provident society within the meaning of section 486(12) or to a building society;
- (c) to a company controlled by or on behalf of the Crown, and not otherwise a close company; or
- (d) to a company falling within section 415 or subsection (5) below.
- (2) Subject to section 415 and subsection (5) below, a company resident in the United Kingdom (but not falling within subsection (1)(b) above) is also a close company if five or fewer participators, or participators who are directors, together possess or are entitled to acquire—
- (a) such rights as would, in the event of the winding-up of the company (“*the relevant company*”) on the basis set out in subsection (2A) below, entitle them to receive the greater part of the assets of the relevant company which would then be available for distribution among the participators, or
- (b) such rights as would in that event so entitle them if any rights which any of them or any other person has as a loan creditor (in relation to the relevant company or any other company) were disregarded.
- (2A) In the notional winding-up of the relevant company, the part of the assets available for distribution among the participators which any person is entitled to receive is the aggregate of—
- (a) any part of those assets which he would be entitled to receive in the event of the winding-up of the company, and
- (b) any part of those assets which he would be entitled to receive if—
- (i) any other company which is a participator in the relevant company and is entitled to receive any assets in the notional winding-up were also wound up on the basis set out in this subsection, and
- (ii) the part of the assets of the relevant company to which the other company is entitled were distributed among the participators in the other company in proportion to their respective entitlement to the assets of the other company available for distribution among the participators.
- (2B) In the application of subsection (2A) above to the notional winding-up of the other company and to any further notional winding-up required by paragraph (b) of that subsection (or by any further application of that paragraph), references to “*the relevant company*” shall have effect as references to the company concerned.
- (2C) In ascertaining under subsection (2) above whether five or fewer participators, or participators who are directors, together possess or are entitled to acquire rights such as are mentioned in paragraph (a) or (b) of that subsection—
- (a) a person shall be treated as a participator in or director of the relevant company if he is a participator in or director of any other company which would be entitled to receive assets in the notional winding-up of the relevant company on the basis set out in subsection (2A) above, and
- (b) except in the application of subsection (2A) above, no account shall be taken of a participator which is a company unless the company possesses or is entitled to acquire the rights in a fiduciary or representative capacity.
- (2D) Subsections (4) to (6) of section 416 apply for the purposes of subsections (2) and (2A) above as they apply for the purposes of subsection (2) of that sections.
- (3) *In ascertaining under subsection* (2)*above whether any amount could be apportioned among five or fewer participators or among participators who are directors, account shall, in cases where an original apportionment and any sub-apportionment are involved, be taken only of persons among whom that amount could finally be apportioned as the result of the whole process of original apportionment and sub-apportionment and those persons shall be treated as participators or directors if they are participators or directors of any company in the case of which either an original apportionment or any sub-apportionment could be made*.
- (4) For the purposes of this section—
- (a) a company is to be treated as controlled by or on behalf of the Crown if, but only if, it is under the control of the Crown or of persons acting on behalf of the Crown, independently of any other person, and
- (b) where a company is so controlled, it shall not be treated as being otherwise a close company unless it can be treated as a close company as being under the control of persons acting independently of the Crown.
- (5) A company is not to be treated as a close company—
- (a) if—
- (i) it is controlled by a company which is not a close company, or by two or more companies none of which is a close company; and
- (ii) it cannot be treated as a close company except by taking as one of the five or fewer participators requisite for its being so treated a company which is not a close company;
- (b) if it cannot be treated as a close company except by virtue of paragraph (a) of subsection (2) above or paragraph (c) of section 416(2) and it would not be a close company if the references in those paragraphs to participators did not include loan creditors who are companies other than close companies.
- (6) References in subsection (5) above to a close company shall be treated as applying to any company which, if resident in the United Kingdom, would be a close company.
- (7) If shares in any company (“*the first company*”) are held on trust for a registered pension scheme, then, unless the scheme is established wholly or mainly for the benefit of persons who are, or are dependants of, directors or employees or past directors or employees of—
- (a) the first company; or
- (b) an associated company of the first company; or
- (c) a company which is under the control of any director or associate of a director of the first company or of two or more persons each of whom is such a director or associate; or
- (d) a close company;
the persons holding the shares shall, for the purposes of subsection (5) above, be deemed to be the beneficial owners of the shares and, in that capacity, to be a company which is not a close company.
#### Certain quoted companies not to be close companies
##### 415
- (1) Subject to the following provisions of this section, a company is not to be treated as being at any time a close company if—
- (a) shares in the company carrying not less than 35 per cent. of the voting power in the company (and not being shares entitled to a fixed rate of dividend, whether with or without a further right to participate in profits) have been allotted unconditionally to, or acquired unconditionally by, and are at that time beneficially held by, the public, and
- (b) any such shares have within the preceding 12 months been the subject of dealings on a recognised stock exchange, and the shares have within those 12 months been listedon a recognised stock exchange.
- (2) Subsection (1) above shall not apply to a company at any time when the total percentage of the voting power in the company possessed by all of the company’s principal members exceeds 85 per cent.
- (3) For the purposes of subsection (1) above shares in a company shall be deemed to be beneficially held by the public if, and only if, they—
- (a) fall within subsection (4) below, and
- (b) are not within the exceptions in subsection (5) below,
and a corresponding construction shall be given to the reference to shares which have been allotted unconditionally to, or acquired unconditionally by, the public.
- (4) Shares shall fall within this subsection (as being beneficially held by the public)—
- (a) if beneficially held by a company resident in the United Kingdom which is not a close company, or by a company not so resident which would not be a close company if it were so resident, or
- (b) if held on trust for a registered pension scheme, or
- (c) If they are not comprised in a principal member’s holding.
- (5) Shares shall not be deemed to be held by the public if they are held—
- (a) by any director or associate of a director of the company, or
- (b) by any company which is under the control of any such director or associate, or of two or more persons each of whom is such a director or associate, or
- (c) by any associated company of the company, or
- (d) as part of any fund the capital or income of which is applicable or applied wholly or mainly for the benefit of, or of the dependants of, the employees or directors, or past employees or directors, of the company, or of any company within paragraph (b) or (c) above.
- (6) For the purposes of this section—
- (a) a person is a principal member of a company if he possesses a percentage of the voting power in the company of more than 5 per cent. and, where there are more than five such persons, if he is one of the five persons who possess the greatest percentages or if, because two or more persons possess equal percentages of the voting power in the company, there are no such five persons, he is one of the six or more persons (so as to include those two or more who possess equal percentages) who possess the greatest percentages, and
- (b) a principal member’s holding consists of the shares which carry the voting power possessed by him.
- (7) In arriving at the voting power which a person possesses, there shall be attributed to him any voting power which, for the purposes of section 416, would be attributed to him under subsection (5) or (6) of that section.
- (8) In this section “*shares*” include stock.
#### Meaning of “associated company” and “control”
##### 416
- (1) For the purposes of this Part,*except paragraphs* 2*and* 9(1)(a), (2)(a)*and* (3)(a)*of Schedule* 19 , a company is to be treated as another’s “*associated company*” at a given time if, at that time or at any other time within one year previously, one of the two has control of the other, or both are under the control of the same person or persons.
- (2) For the purposes of this Part, a person shall be taken to have control of a company if he exercises, or is able to exercise or is entitled to acquire, direct or indirect control over the company’s affairs, and in particular, but without prejudice to the generality of the preceding words, if he possesses or is entitled to acquire—
- (a) the greater part of the share capital or issued share capital of the company or of the voting power in the company; or
- (b) such part of the issued share capital of the company as would, if the whole of the income of the company were in fact distributed among the participators (without regard to any rights which he or any other person has as a loan creditor), entitle him to receive the greater part of the amount so distributed; or
- (c) such rights as would, in the event of the winding-up of the company or in any other circumstances, entitle him to receive the greater part of the assets of the company which would then be available for distribution among the participators.
- (3) Where two or more persons together satisfy any of the conditions of subsection (2) above, they shall be taken to have control of the company.
- (4) For the purposes of subsection (2) above a person shall be treated as entitled to acquire anything which he is entitled to acquire at a future date, or will at a future date be entitled to acquire.
- (5) For the purposes of subsections (2) and (3) above, there shall be attributed to any person any rights or powers of a nominee for him, that is to say, any rights or powers which another person possesses on his behalf or may be required to exercise on his direction or behalf.
- (6) For the purposes of subsections (2) and (3) above, there may also be attributed to any person all the rights and powers of any company of which he has, or he and associates of his have, control or any two or more such companies, or of any associate of his or of any two or more associates of his, including those attributed to a company or associate under subsection (5) above, but not those attributed to an associate under this subsection; and such attributions shall be made under this subsection as will result in the company being treated as under the control of five or fewer participators if it can be so treated.
#### Meaning of “participator”, “associate”, “director” and “loan creditor”
##### 417
- (1) For the purposes of this Part, a “*participator*” is, in relation to any company, a person having a share or interest in the capital or income of the company, and, without prejudice to the generality of the preceding words, includes—
- (a) any person who possesses, or is entitled to acquire, share capital or voting rights in the company;
- (b) any loan creditor of the company;
- (c) any person who possesses, or is entitled to acquire, a right to receive or participate in distributions of the company (construing “distributions” without regard to section 418) or any amounts payable by the company (in cash or in kind) to loan creditors by way of premium on redemption; and
- (d) any person who is entitled to secure that income or assets (whether present or future) of the company will be applied directly or indirectly for his benefit.
- (2) The provisions of subsection (1) above are without prejudice to any particular provision of this Part requiring a participator in one company to be treated as being also a participator in another company.
- (3) “*associate*” means, in relation to a participator—
- (a) any relative or partner of the participator;
- (b) the . . . trustees of any settlement in relation to which the participator is, or any relative of his (living or dead) is or was, a settlor . . . ; and
- (c) where the participator is interested in any shares or obligations of the company which are subject to any trust, or are part of the estate of a deceased person—
- (i) the . . . trustees of the settlement concerned or, as the case may be, the personal representatives of the deceased; and
- (ii) if the participator is a company, any other company interested in those shares or obligations;
and has a corresponding meaning in relation to a person other than a participator.
- (4) In subsection (3) above “*relative*” means spouse or civil partner, parent or remoter forebear, child or remoter issue, or brother or sister.
- (5) For the purposes of this Part “*director*” includes any person occupying the position of director by whatever name called, any person in accordance with whose directions or instructions the directors are accustomed to act, and any person who—
- (a) is a manager of the company or otherwise concerned in the management of the company’s trade or business, and
- (b) is, either on his own or with one or more associates, the beneficial owner of, or able, directly or through the medium of other companies or by any other indirect means, to control 20 per cent. or over of the ordinary share capital of the company.
- (6) In subsection (5)(b) above the expression “*either on his own or with one or more associates*” requires a person to be treated as owning or, as the case may be, controlling what any associate owns or controls, even if he does not own or control share capital on his own.
- (7) Subject to subsection (9) below, for the purposes of this Part “*loan creditor*”, in relation to a company, means a creditor in respect of any debt incurred by the company—
- (a) for any money borrowed or capital assets acquired by the company; or
- (b) for any right to receive income created in favour of the company; or
- (c) for consideration the value of which to the company was (at the time when the debt was incurred) substantially less than the amount of the debt (including any premium thereon);
or in respect of any redeemable loan capital issued by the company.
- (8) Subject to subsection (9) below, a person who is not the creditor in respect of any debt or loan capital to which subsection (7) above applies but nevertheless has a beneficial interest therein shall, to the extent of that interest, be treated for the purposes of this Part as a loan creditor in respect of that debt or loan capital.
- (9) A person carrying on a business of banking shall not be deemed to be a loan creditor in respect of any loan capital or debt issued or incurred by the company for money lent by him to the company in the ordinary course of that business.
### Additional matters to be treated as distributions
#### “Distribution” to include certain expenses of close companies
##### 418
- (1) Subject to such exceptions as are mentioned in section 209(1), in the Corporation Tax Acts “*distribution*”, in relation to a close company, includes, unless otherwise stated, any such amount as is required to be treated as a distribution by subsection (2) below.
- (2) Subject to subsection (3) below, where a close company incurs expense in or in connection with the provision for any participator of living or other accommodation, of entertainment, of domestic or other services, or of other benefits or facilities of whatever nature, the company shall be treated as making a distribution to him of an amount equal to so much of that expense as is not made good to the company by the participator.
- (3) Subsection (2) above shall not apply to expense incurred in or in connection with the provision—
- (a) for a person employed in employment to which Part 3 of ITEPA 2003 applies (earnings and benefits etc. treated as employment income) without the exclusion in section 216 of that Act (provisions not applicable to lower-paid employment) of such benefits as are mentioned in any of Chapters 6 to 10 of Part 3 and section 223 of that Act (cars and vans, loans, shares, other benefits, and payments on account of director’s tax); or
- (b) of living accommodation for any person if the accommodation is (within the meaning of Chapter 5 of Part 3 of ITEPA 2003) provided by reason of his employment; or
- (c) for the spouse or civil partner, children or dependants of a person employed by the company of any pension, annuity, lump sum, gratuity or other like benefit to be given on that person’s death or retirement.
- (4) The amount of the expense to be taken into account under subsection (2) above as a distribution shall be the same as would under Chapters 6 to 10 of Part 3 of ITEPA 2003 be the cash equivalent of the resultant benefit to the participator.
- (5) Subsection (2) above shall not apply if the company and the participator are both resident in the United Kingdom and—
- (a) one is a subsidiary of the other or both are subsidiaries of a third company also so resident, and
- (b) the benefit to the participator arises on or in connection with a transfer of assets or liabilities by the company to him, or to the company by him.
- (6) The question whether one body corporate is a subsidiary of another for the purposes of subsection (5) above shall be determined as a question whether it is a 51 per cent. subsidiary of that other, except that that other shall be treated as not being the owner—
- (a) of any share capital which it owns directly in a body corporate if a profit on a sale of the shares would be treated as a trading receipt of its trade; or
- (b) of any share capital which it owns indirectly, and which is owned directly by a body corporate for which a profit on a sale of the shares would be a trading receipt; or
- (c) of any share capital which it owns directly or indirectly in a body corporate not resident in the United Kingdom.
- (7) Where each of two or more close companies makes a payment to a person who is not a participator in that company, but is a participator in another of those companies, and the companies are acting in concert or under arrangements made by any person, then each of those companies and any participator in it shall be treated as if the payment made to him had been made by that company.
- (8) For the purposes of this section any reference to a participator includes an associate of a participator, and any participator in a company which controls another company shall be treated as being also a participator in that other company.
### CHAPTER II — CHARGES TO TAX IN CONNECTION WITH LOANS
#### Loans to participators etc
##### 419
- (1) Subject to the following provisions of this section and section 420, where a close company, otherwise than in the ordinary course of a business carried on by it which includes the lending of money, makes any loan or advances any money to an individual who is a participator in the company or an associate of a participator, there shall be assessed on and recoverable from the company, as if it were an amount of corporation tax chargeable on the company for the accounting period in which the loan or advance is made, an amount equal to 25 per cent. of the amount of the loan or advance.
- (2) For the purposes of this section the cases in which a close company is to be regarded as making a loan to any person include a case where—
- (a) that person incurs a debt to the close company; or
- (b) a debt due from that person to a third party is assigned to the close company;
and then the close company shall be regarded as making a loan of an amount equal to the debt.
- (3) Tax due by virtue of this section in relation to any loan or advance shall be due and payable in accordance with section 59D of the Management Act on the day following the expiry of nine months from the end of the accounting period in which the loan or advance was made.
- (4) Where a close company has made a loan or advance which gave rise to a charge to tax on the company under subsection (1) above and
- (a) the loan or advance or any part of it is repaid to the company,or
- (b) the whole or part of the debt in respect of the loan or advance is released or written off,
relief shall be given from that tax, or a proportionate part of it . . . .
- (4A) Where
- (a) the repayment of the whole or any part of a loan or advance occurs on or after the day on which tax by virtue of this section becomes due in relation to that loan or advance, or
- (b) the release or writing off of the whole or any part of the debt in respect of a loan or advance occurs on or after the day on which tax by virtue of this section becomes due in relation to that loan or advance,
relief in respect of the repayment , release or writing off shall not be given under subsection (4) above at any time before the expiry of nine months from the end of the accounting period in which the repayment , release or writing off occurred.
- (4B) Schedule 1A to the Taxes Management Act 1970 (claims and elections not included in return) applies to a claim for relief under subsection (4) above unless—
- (a) the claim is included (by amendment or otherwise) in the return for the period in which the loan or advance was made, and
- (b) the relief may be given at the time the claim is made.
- (5) Where, under arrangements made by any person otherwise than in the ordinary course of a business carried on by him—
- (a) a close company makes a loan or advance which, apart from this subsection, does not give rise to any charge on the company under subsection (1) above, and
- (b) some person other than the close company makes a payment or transfers property to, or releases or satisfies (in whole or in part) a liability of, an individual who is a participator in the company or an associate of a participator,
then, unless in respect of the matter referred to in paragraph (b) above there falls to be included in the total income of the participator or associate an amount not less than the loan or advance, this section shall apply as if the loan or advance had been made to him.
- (6) In subsections (1) and (5)(b) above the references to an individual shall apply also to a company receiving the loan or advance in a fiduciary or representative capacity . . . .
- (7) For the purposes of this section any participator in a company which controls another company shall be treated as being also a participator in that other company.
#### Exceptions from section 419
##### 420
- (1) Section 419(2)(a) shall not apply to a debt incurred for the supply by the close company of goods or services in the ordinary course of its trade or business unless the credit given exceeds six months or is longer than that normally given to the company’s customers.
- (2) Section 419(1) shall not apply to a loan made to a director or employee of a close company, or of an associated company of the close company, if—
- (a) neither the amount of the loan, nor that amount when taken together with any other outstanding loans which—
- (i) were made by the close company or any of its associated companies to the borrower*or the wife or husband of the borrower* ; and
- (ii) if made before 31st March 1971, were made for the purpose of purchasing a dwelling which was or was to be the borrower’s only or main residence;
exceeds £15,000 and the outstanding loans falling within sub-paragraph (ii) above do not together exceed £10,000; and
- (b) the borrower works full-time for the close company or any of its associated companies; and
- (c) the borrower does not have a material interest in the close company or in any associated company of the close company;
but if the borrower acquires such a material interest at a time when the whole or part of any such loan made after 30th March 1971 remains outstanding the close company shall be regarded as making to him at that time a loan of an amount equal to the sum outstanding.
#### Taxation of borrower when loan under section 419 released etc
##### 421
- (1) Subject to the following provisions of this section, where a company is assessed or liable to be assessed under section 419 in respect of a loan or advance made to the trustees of a settlement and after the settlement has ended releases or writes off the whole or part of the debt in respect of it, then—
- (a) for the purpose of computing the income of the person from whom the debt was due (“*the debtor*”) for corporation tax purposes, a sum equal to the amount so released or written off shall be treated as income received by the debtor after deduction of income tax at the dividend ordinary rate from a corresponding gross amount;
- (b) no repayment of income tax shall be made in respect of that income and the debtor shall not be liable to pay corporation tax at the dividend ordinary rate on that income;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) This section shall be construed as one with section 419.
#### Extension of section 419 to loans by companies controlled by close companies
##### 422
- (1) Subject to subsection (4) below, where a company which is controlled by a close company makes a loan which, apart from this section, does not give rise to a charge under subsection (1) of section 419, that section and section 420 shall apply as if the loan had been made by the close company.
- (2) Subject to subsection (4) below, where a company which is not controlled by a close company makes a loan which, apart from this section, does not give rise to a charge under subsection (1) of section 419 and a close company subsequently acquires control of it, that section and section 420 shall apply as if the loan had been made by the close company immediately after the time when it acquired control.
- (3) Where two or more close companies together control the company that makes or has made the loan, subsections (1) and (2) above shall have effect—
- (a) as if each of them controlled that company; and
- (b) as if the loan had been made by each of those close companies,
but the loan shall be apportioned between those close companies in such proportion as may be appropriate having regard to the nature and amount of their respective interests in the company that makes or has made the loan.
- (4) Subsections (1) and (2) above do not apply if it is shown that no person has made any arrangements (otherwise than in the ordinary course of a business carried on by him) as a result of which there is a connection—
- (a) between the making of the loan and the acquisition of control; or
- (b) between the making of the loan and the provision by the close company of funds for the company making the loan;
and the close company shall be regarded as providing funds for the company making the loan if it directly or indirectly makes any payment or transfers any property to, or releases or satisfies (in whole or in part) a liability of, the company making the loan.
- (5) Where, by virtue of this section, sections 419 and 420 have effect as if a loan made by one company had been made by another, any question under those sections or section 421 whether—
- (a) the company making the loan did so otherwise than in the ordinary course of a business carried on by it which includes the lending of money;
- (b) the loan or any part of it has been repaid to the company;
- (c) the company has released or written off the whole or part of the debt in respect of the loan,
shall be determined by reference to the company that makes the loan.
- (6) This section shall be construed as one with section 419 and section 420 and in this section—
- (a) “*loan*” includes advance; and
- (b) references to a company making a loan include references to cases in which the company is, or if it were a close company would be, regarded as making a loan by virtue of section 419(2).
### CHAPTER III — APPORTIONMENT OF UNDISTRIBUTED INCOME ETC.
#### Apportionment of certain income, deductions and interest
##### 423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exclusions from section 423
##### 424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Manner of apportionment
##### 425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to income tax where apportionment is to an individual
##### 426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction of charge under section 426 in certain cases
##### 427
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Increase of apportioned sum etc. by reference to ACT
##### 428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payment and collection of income tax
##### 429
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consequences of apportionment: ACT
##### 430
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XII — SPECIAL CLASSES OF COMPANIES AND BUSINESSES
### CHAPTER I — INSURANCE COMPANIES, UNDERWRITERS AND CAPITAL REDEMPTION BUSINESS
### Insurance companies: general
#### Interpretative provisions relating to insurance companies
##### 431
- (1) This section has effect for the interpretation of the life assurance provisions of the Corporation Tax Acts.
- (2) Unless the context otherwise requires—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*basic life assurance and general annuity business*” has the meaning given by section 431F;
- “*brought into account*” has the meaning given by section 83A of the Finance Act 1989;
- “*child trust fund business*” has the meaning given by section 431BA;
- “*closing*” and “*opening*”, in relation to a period of account, refer respectively to the position at the end and at the beginning of the period and, in relation to an accounting period, refer respectively to the position at the end and at the beginning of the period of account in which the accounting period falls;
- “*closing liabilities*” includes liabilities assumed at the end of the period of account concerned in consequence of the declaration of reversionary bonuses or a reduction in premiums;
- “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contract of long-term insurance” means any contract which falls within Part II of Schedule 1 to that Order;
- “*deposit back arrangements*” means arrangements by which an amount is deposited by the reinsurer under a contract of reinsurance with the cedant;
- “*fair value*”, in relation to assets, means the amount which would be obtained from an independent person purchasing them or, if the assets are money, its amount;
- “*foreign business assets*”, in relation to an insurance company, means assets, other than linked assets, which either—are shown in the records of the company as being primarily attributable to liabilities of the company's foreign business, orare attributable, under the law of a country or territory outside the United Kingdom, to a permanent establishment of the company in that country or territory through which it carries on foreign business;and for this purpose “*foreign business*” means overseas life assurance business or life reinsurance business to the extent that it consists of the reinsurance of overseas life assurance business;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*free assets amount*”, in relation to an insurance company, means the excess of the value of the assets of the company's long-term business , other than any structural assets (within the meaning of section 83XA of the Finance Act 1989), over the aggregate of —the value of the liabilities of that business,any money debts (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996) of the company not within paragraph (a) above which are owed in respect of that business, andthe amount of the shareholders' excess assets within the meaning given by section 432A(8)(b));
- “*General Prudential Sourcebook*” means the General Prudential Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
- “*gross roll-up business*” has the meaning given by section 431EA;
- “*the I minus E basis*” means the basis under which a company carrying on life assurance business is charged to tax on the relevant profits (within the meaning of section 88(3) of the Finance Act 1989) of that business otherwise than under Case I of Schedule D;
- “*immediate needs annuities business*” means business which consists of the effecting or carrying out of immediate needs annuities (within the meaning of section 725 of ITTOIA 2005);
- “*individual savings account business*” has the meaning given by section 431BB;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*insurance business transfer scheme*” means—a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 , 4 or 5 of subsection (3) of that section, ora scheme which would fall within that section but for subsection (1)(b) of that section;
- “insurance company” means—a person (other than a friendly society) who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, oran EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act or a firm qualifying for authorisation under Schedule 4 to that Act which—carries on business which consists of the effecting or carrying out of contracts of insurance, andcarries on that business through a branch or agency in the United Kingdom,but does not include an insurance special purpose vehicle;
- “*the Insurance Prudential Sourcebook*” means the Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000;
- “*insurance special purpose vehicle*” means any undertaking which assumes risks from insurance or reinsurance undertakings and which fully funds its exposure to such risks through the proceeds of a debt issue or some other financing mechanism where the repayment rights of the providers of such debt or other financing mechanism are subordinated to the reinsurance obligations of the undertaking;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*internal linked fund*”, in relation to an insurance company, means an account—to which linked assets are appropriated by the company, andwhich may be divided into units the value of which is determined by the company by reference to the value of those assets;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*liabilities*”, in relation to an insurance company, means—the mathematical reserves of the company as determined in accordance with section 1.2 of the Insurance Prudential Sourcebook, andliabilities of the company (whose value falls to be determined in accordance with section 1.3 of the General Prudential Sourcebook) which arise from deposit back arrangements;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*life assurance business*” means business which—consists of the effecting or carrying out of contracts of insurance which fall within paragraph I, II, III or VII(b) of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, oris capital redemption business,other than immediate needs annuities business;
- “*the life assurance provisions of the Corporation Tax Acts*” means—the provisions of this Chapter so far as relating to life assurance business, companies carrying on such business and friendly societies, andany other provisions of the Corporation Tax Acts making separate provision by reference to whether or not the business of a company is or includes life assurance business or any category of business that includes life assurance business;
- “*life reinsurance business*” has the meaning given by section 431C;
- “*linked assets*”, and related expressions, shall be construed in accordance with section 432ZA;
- “long-term business” means business which consists of the effecting or carrying out of contracts of long-term insurance;
- “*long-term insurance fund*” means the fund maintained by an insurance company in respect of its long-term business . . . ;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*net value*”, in relation to any assets, means the excess of the value of the assets over the value of money debts (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996) attributable to an internal linked fund which are not owed in respect of liabilities;
- “*non-profit company*”, in relation to a period of account, means a company carrying on long-term business where, at the end of the period—none of the liabilities of that business, ornone but an insignificant proportion of those liabilities,are with-profits liabilities;
- “*non-profit fund*” means a fund that is not a with-profits fund;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*overseas life assurance business*” has the meaning given by section 431D;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*overseas life insurance company*” means an insurance company not resident in the United Kingdom but carrying on life assurance business through a branch or agency in the United Kingdom; . . .
- “*pension business*” has the meaning given by section 431B;
- “*periodical return*”, in relation to an insurance company, means a return deposited with the Financial Services Authority under section 9.6 of the Prudential Sourcebook (Insurers)(and does not include the Forms mentioned in Rule 9.3(5)).
- “*period of account*” means the period covered by a periodical return;
- “*PHI business*” means long-term business other than life assurance business (including the reinsurance of such long-term business);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000;
- “*reinsurance*” includes retrocession;
- “*shareholders' excess assets*” has the meaning given by section 432A(8)(b));
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*value*”, in relation to an asset of an insurance company, means the value of the asset as determined in accordance with section 1.3 of the General Prudential Sourcebook, as read with section 2.1 of the Insurance Prudential Sourcebook;
- “*with-profits fund*” has the meaning given by the Prudential Sourcebook (Insurers);
- “*with-profits liabilities*” means liabilities in respect of policies or contracts under which the policy holders or annuitants are eligible to participate in surplus;
- (2YA) Where an insurance company becomes an insurance special purpose vehicle otherwise than on the last day of a period of account, it shall be treated as an insurance special purpose vehicle from the beginning of that period.
- (2YB) “*BLAGAB profits*”, in relation to an accounting period of an insurance company, means the company's BLAGAB income and gains for the period reduced (but not below nil) by the company's BLAGAB deductions for the period.
- (2YC) “*BLAGAB income and gains*”, in relation to an accounting period of an insurance company, means the aggregate of—
- (a) income chargeable for the period under Schedule A or Case III, V or VI of Schedule D so far as referable (in accordance with section 432A) to the company's basic life assurance and general annuity business, and
- (b) chargeable gains so far as so referable accruing to the company in the period, but (subject to section 210A of the 1992 Act) after deducting—
- (i) any allowable losses so referable and so accruing, and
- (ii) so far as they have not been allowed as a deduction from chargeable gains in any previous accounting period, any allowable losses so referable previously accruing to the company.
- (2YD) “*BLAGAB deductions*”, in relation to an accounting period of an insurance company, means the aggregate of—
- (a) amounts falling in respect of any non-trading deficits on the company's loan relationships to be brought into account in the period in accordance with paragraph 4 of Schedule 11 to the Finance Act 1996, and
- (b) the expenses deduction given by Step 8 in section 76(7) for the period.
- (2ZA) Subsections (2ZB) and (2ZC) below apply where an insurance business transfer scheme has effect to transfer long-term business from one person (“*the transferor*”) to another (“*the transferee*”).
- (2ZB) If the transfer takes place otherwise than on the last day of a period of account of the transferor, references to—
- (a) opening liabilities of the transferor,
- (b) opening values or net values of assets of the transferor, . . . or
- (c) the opening amount of the free assets amount of the transferor, . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the period of account, so far as relating to the business transferred, are to the part of those liabilities, values or amounts which bears to the whole the proportion A/C.
- (2ZC) If the transfer takes place otherwise than on the first day of a period of account of the transferee, references to—
- (a) closing liabilities of the transferee,
- (b) closing values or net values of assets of the transferee, . . . or
- (c) the closing amount of the free assets amount of the transferee, . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the period of account, so far as relating to the business transferred, are to the part of those liabilities, values or amounts which bears to the whole the proportion B/C.
- (2ZD) For the purposes of subsection (2ZC) above—
- (a) closing liabilities of the transferee are to be taken not to relate to the business transferred to the extent that they are liabilities which, immediately before the transfer, were reinsured by the transferor with the transferee, but
- (b) closing liabilities of the transferee are to be taken to relate to the business transferred to the extent that they are liabilities which, immediately before the transfer, were reinsured by the transferee with the transferor if the business transferred consists of or includes that reinsurance business.
- (2ZE) In subsections (2ZB) and (2ZC) above—
- A is the number of days in the period beginning with the period of account and ending with the day of the transfer,
- B is the number of days in the period beginning with the day of the transfer and ending with the period of account, and
- C is one-half of the number of days in the period of account.
- (2ZF) In this Chapter “*capital redemption business*” means any business of a company carrying on insurance business in so far as it consists of the effecting on the basis of actuarial calculations, and the carrying out, of contracts under which, in return for one or more fixed payments, a sum or series of sums of a specified amount become payable at a future time or over a period.
- (2ZG) The Treasury may by order amend the definition of “insurance business transfer scheme” given by subsection (2) above where it is expedient to do so in consequence of any amendment of section 105 of the Financial Services and Markets Act 2000.
- (2ZH) The power conferred by subsection (2ZG) above includes power to make incidental, supplementary, consequential or transitional provisions and savings (including provision amending any provision of the Corporation Tax Acts relating to insurance companies).
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Separation of different classes of business
##### 432
- (1) Where an insurance company carries on life assurance business in conjunction with insurance business of any other category, the life assurance business shall, for the purposes of the Corporation Tax Acts, be treated as a separate business from any other category of business carried on by the company.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Profits reserved for policy holders and annuitants
##### 433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Franked investment income etc
##### 434
- (1) Where an insurance company makes a payment representative of a distribution made by a company resident in the United Kingdom in respect of an asset of its long-term insurance fund, the payment is to be taken into account in computing its profits in accordance with the provisions applicable to Case I of Schedule D unless the amount taken into account in accordance with section 83(2)(a) of the Finance Act 1989 includes the amount of the payment.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) So much of the policy holders' share of the franked investment income from investments of a company’s long-term insurance fund as is referable to its life assurance business shall be left out of account in determining, under subsection (7) of section 13, the franked investment income forming part of the company’s profits for the purposes of that section.
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) *Subject to subsection* (5)*below, the specified part shall be, in the case of any unrelieved income, the same fraction of it as the fraction which, on a computation of the profits of the company in respect of its life assurance business in accordance with the provisions applicable to Case* I*of Schedule D* (*whether or not the company is in fact charged to tax under that Case for the relevant accounting period or periods*),*would be connoted by the words in section* 433 “*such part of those profits as belongs or is allocated to, or is reserved for, or expended on behalf of, policy holders or annuitants*”.
- (5) *If the income exceeds the profits as computed in accordance with the provisions applicable to Case* I*of Schedule D other than section 433, the specified part shall be that fraction of the income so far as not exceeding the profits, together with the amount of the excess*.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) For the purposes of this section—
- (a) “*the policy holders’ share*” of any franked investment income is so much of that income as is not the shareholders’ share within the meaning of section 89 of the Finance Act 1989, . . .
- (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ac) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of gains reserved for policy holders and annuitants
##### 435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity business and pension business: separate charge on profits
##### 436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General annuity business
##### 437
- (1A) In the computation under the I minus E basis of the relevant profits (within the meaning of section 88(1) of the Finance Act 1989) of an insurance company for any accounting period, new annuities paid by the company in that period shall be brought into account by treating an amount equal to the income limit for that period as expenses payable which fall to be brought into account for that period at Step 3 in section 76(7).
- (1C) For the purposes of this section (but subject to subsections (1CA) to (1CD) below)—
- (a) “*new annuity*” means any annuity, so far as paid under a contract made by an insurance company in an accounting period beginning on or after 1st January 1992 and so far as referable to the company’s basic life assurance and general annuity business;
- (b) “*the income limit*” for an accounting period of an insurance company is the difference between—
- (i) the total amount of the new annuities paid by the company in that accounting period; and
- (ii) the total of the . . . amounts exempt under section 717 of ITTOIA 2005 contained in the new annuities so paid; . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and
- (d) the amounts exempt under section 717 of ITTOIA 2005 are so much of the payments under the new annuities as would be within the exemption in subsection (1) of that section if—
- (i) section 718 of that Act were omitted, and
- (ii) that exemption were an exemption applying in relation to companies as well as individuals.
- (1CA) Where a new annuity (“*the actual annuity*”) is a steep-reduction annuity, the income limit for an accounting period of the company paying the annuity shall be computed for the purposes of this section as if—
- (a) the contract providing for the actual annuity provided instead for the annuities identified by subsections (1CB) and (1CC) below; and
- (b) the consideration for each of those annuities were to be determined by the making of a just and reasonable apportionment of the consideration for the actual annuity.
- (1CB) The annuities mentioned in subsection (1CA)(a) above are—
- (a) an annuity the payments in respect of which are confined to the payments in respect of the actual annuity that fall to be made before the earliest time for the making in respect of the actual annuity of a reduced payment such as is mentioned in section 437A(1)(c); and
- (b) subject to subsection (1CC) below, an annuity the payments in respect of which are all the payments in respect of the actual annuity other than those mentioned in paragraph (a) above.
- (1CC) Where an annuity identified by paragraph (b) of subsection (1CB) above (“*the later annuity*”) would itself be a steep-reduction annuity, the annuities mentioned in subsection (1CA)(a) above—
- (a) shall not include the later annuity; but
- (b) shall include, instead, the annuities which would be identified by subsection (1CB) above (with as many further applications of this subsection as may be necessary for securing that none of the annuities mentioned in subsection (1CA)(a) above is a steep-reduction annuity) if references in that subsection to the actual annuity were references to the later annuity.
- (1CD) Subsections (1CA) to (1CC) above shall be construed in accordance with section 437A.
- (1D) In any case where—
- (a) a payment in respect of an annuity is made by an insurance company under a group annuity contract made in an accounting period beginning before 1st January 1992,
- (b) the company’s liabilities first include an amount in respect of that annuity in an accounting period beginning on or after that date, and
- (c) the company’s liability in respect of that annuity is referable to its basic life assurance and general annuity business,
the payment shall be treated for the purposes of this section, other than this subsection, as if the group annuity contract had been made in an accounting period beginning on or after 1st January 1992 (and, accordingly, as payment of a new annuity).
- (1E) In any case where—
- (a) a payment in respect of an annuity is made by a reinsurer under a reinsurance treaty made in an accounting period beginning before 1st January 1992,
- (b) the reinsurer’s liabilities first include an amount in respect of that annuity in an accounting period beginning on or after that date, and
- (c) the reinsurer’s liability in respect of that annuity is referable to its basic life assurance and general annuity business,
the payment shall, as respects the reinsurer, be treated for the purposes of this section, other than this subsection, as if the reinsurance treaty had been made in an accounting period beginning on or after 1st January 1992 (and, accordingly, as payment of a new annuity).
- (1F) In this section—
- “*group annuity contract*” means a contract between an insurance company and some other person under which the company undertakes to become liable to pay annuities to or in respect of such persons as may subsequently be specified or otherwise ascertained under or in accordance with the contract (whether or not annuities under the contract are also payable to or in respect of persons who are specified or ascertained at the time the contract is made);
- “*reinsurance treaty*” means a contract under which one insurance company is obliged to cede, and another (in this section referred to as a “*reinsurer*”) to accept, the whole or part of a risk of a class or description to which the contract relates.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pension business: exemption from tax
##### 438
- (1) Exemption from corporation tax shall be allowed in respect of income from assets solely linked to pension business.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restricted government securities
##### 439
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Identification or exchange of long term assets
##### 440
- (1) If at any time an asset (or a part of an asset) held by an insurance company ceases to be within one of the categories set out in subsection (4) below and comes within another of those categories, the company shall for the purposes of corporation tax be deemed to have disposed of and immediately re-acquired the asset (or part) for a consideration equal to its fair value at that time.
- (2) Where—
- (a) an asset is acquired by a company as a result of an insurance business transfer scheme which has effect to transfer long-term business from any person (“the transferor”) to the company, and
- (b) the asset (or part of it) is within one of the categories set out in subsection (4) below immediately before the acquisition and is within another of those categories immediately afterwards,
the transferor shall for the purposes of corporation tax be deemed to have disposed of and immediately re-acquired the asset (or part) immediately before the acquisition for a consideration equal to its fair value at that time.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where, apart from this subsection, section 171 or 173 the 1992 Act (transfers within a group) would apply to a disposal or acquisition by an insurance company of an asset (or part of an asset) which, immediately before the disposal or (as the case may be) immediately after the acquisition, is within one of the categories set out in paragraphs (a), (d) and (e) of subsection (4) below, that section shall not apply to the disposal or acquisition.
- (4) The categories referred to in subsections (1) to (3) above are—
- (a) assets which are linked solely to gross roll-up business or are foreign business assets;
- (d) assets linked solely to basic life assurance and general annuity business;
- (e) assets of the long-term insurance fund not within either of the preceding paragraphs;
- (f) other assets.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In a case where the profits of a company’s life assurance business are charged to tax in accordance with Case I of Schedule D this section has effect with the modification specified in section 440B(3).
#### Foreign life assurance funds
##### 441
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Overseas business of U.K. companies
##### 442
- (1) Subsections (2) and (3) below apply where a company resident in the United Kingdom carries on insurance business outside the United Kingdom through a permanent establishment and—
- (a) that business, or part of it, together with the whole assets of the company used for the purposes of that business or part (or together with the whole of those assets other than cash), is transferred to a company not resident in the United Kingdom;
- (b) the business or part is so transferred wholly or partly in exchange for shares, or for shares and loan stock, issued by the transferee company to the transferor company; and
- (c) the shares so issued, either alone or taken together with any other shares in the transferee company already held by the transferor company, amount in all to not less than one quarter of the ordinary share capital of the transferee company.
- (2) In making any computation in accordance with the provisions of this Act applicable to Case I of Schedule D of the profits or losses of the transferor company for the accounting period in which the transfer occurs, there shall be disregarded any profit or loss in respect of any asset transferred which, apart from this subsection, would fall to be taken into account in making that computation.
- (3) Where by virtue of subsection (2) above any profit or loss is disregarded in making any computation . . . the profit or loss shall be treated for the purposes of the 1992 Act as a chargeable gain or allowable loss accruing to the transferor company on the transfer.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies carrying rights not in money
##### 443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies issued before 5th August 1965
##### 444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Provisions applying only to overseas life insurance companies
#### Charge to tax on investment income
##### 445
#### Annuity business
##### 446
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Set-off of income tax and tax credits against corporation tax
##### 447
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying distributions and tax credits
##### 448
#### Double taxation agreements
##### 449
### Underwriters
#### Assessment, set-off of losses and reinsurance
##### 450
#### Regulations
##### 451
#### Special reserve funds
##### 452
#### Payments into premiums trust fund on account of losses
##### 453
#### Income tax consequences on payments into and out of special reserve fund
##### 454
#### Income tax consequences on death of underwriter
##### 455
#### Unearned income, variation of arrangements and cancellation of approval etc
##### 456
#### Interpretation of sections 450 to 456
##### 457
### Capital redemption business
#### Capital redemption business
##### 458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — FRIENDLY SOCIETIES, TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS
### Unregistered friendly societies
#### Exemption from tax
##### 459
An unregistered friendly society (that is, a friendly society which is neither an incorporated friendly society nor a registered friendly society) whose income does not exceed £160 a year shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains).
### Registered friendly societies
#### Exemption from tax in respect of life or endowment business
##### 460
- (1) Subject to subsection (2) below, a friendly society shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains) on its profits arising from life or endowment business.
- (2) Subsection (1) above—
- (a) shall not, subject to section 462, exempt a registered friendly society registered after 31st December 1957 which at any time in the period of three months ending 3rd May 1966 entered into any transaction in return for a single premium, being a transaction forming part of its life or endowment business;
- (aa) shall not, subject to section 462, exempt an incorporated friendly society which, before its incorporation, was a registered friendly society such as is mentioned in paragraph (a) above;
- (b) shall not apply to profits arising from gross roll-up business;
- (c) shall not apply to profits arising from life or endowment business consisting—
- (zai) where the profits relate to contracts made on or after the day on which the Finance Act 1995 was passed, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £270 or of the granting of annuities of annual amounts exceeding £156;
- (ai) where the profits relate to contracts made on or after the day on which the Finance Act 1991 was passed but before the day on which the Finance Act 1995 was passed, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £200 or of the granting of annuities of annual amounts exceeding £156;
- (i) where the profits relate to contracts made after 31st August 1990 but before the day on which the Finance Act 1991 was passed, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £150 or of the granting of annuities of annual amounts exceeding £156;
- (ia) where the profits relate to contracts made after 31st August 1987 but before 1st September 1990, of the assurance of gross sums under contracts under which the total premiums payable in any period of 12 months exceed £100 or of the granting of annuities of annual amounts exceeding £156.
- (ii) where the profits relate to contracts made after 13th March 1984 but before 1st September 1987, of the assurance of gross sums exceeding £750 or of the granting of annuities of annual amounts exceeding £156;
- (iii) where the profits relate to contracts made before 14th March 1984, of the assurance of gross sums exceeding £500 or of the granting of annuities of annual amounts exceeding £104;
- (ca) shall not apply to so much of the profits arising from life or endowment business as is attributable to contracts for the assurance of gross sums made on or after 20th March 1991 and expressed at the outset not to be made in the course of tax exempt life or endowment business;and
- (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) as respects other life or endowment business (“tax exempt life or endowment business”), has effect subject to the following provisions of this Chapter.
- (3) In determining for the purposes of subsection (2)(c)(zai), (ai), (i) or (ia) above the total premiums payable in any period of 12 months—
- (a) where those premiums are payable more frequently than annually, there shall be disregarded an amount equal to 10 per cent. of those premiums; and
- (b) so much of any premium as is charged on the ground that an exceptional risk of death or disability is involved shall be disregarded;
and in applying the limit of £156 in subsection (2)(c)(zai), (ai), (i) or (ia) above, any bonus or addition declared upon an annuity shall be disregarded.
- (4) In applying the limits referred to in subsection (2)(c)(ii) and (iii) above, any bonus or addition which either is declared upon an assurance of a gross sum or annuity or accrues upon such an assurance by reference to an increase in the value of any investments shall be disregarded.
- (4A) Subsection (4B) below applies to contracts for the assurance of gross sums under tax exempt life or endowment business made after 31st August 1987 and before the day on which the the Finance Act 1995 was passed.
- (4B) Where the amount payable by way of premium under a contract to which this subsection applies is increased by virtue of a variation made—
- (a) in the period beginning with 25th July 1991 and ending with 31st July 1992, or
- (b) in the period beginning with the day on which the Finance Act 1995 was passed and ending with 31st March 1996,
the contract shall, for the purposes of subsection (2)(c) above, be treated, in relation to any profits relating to it as varied, as made at the time of the variation.
- (5) A friendly society is within this subsection if its rules make no provision for it to carry on life or endowment business consisting of the assurance of gross sums exceeding £2,000 or of the granting of annuities of annual amounts exceeding £416.
- (6) In the case of a friendly society within subsection (5) above—
- (a) subsection (2)(c)(iii) above shall have effect with the substitution of references to £2,000 and £416 respectively for the references to £500 and £104; and
- (b) references in this Chapter to tax exempt life or endowment business shall be construed accordingly.
- (7) Where at any time a friendly society within subsection (5) above amends its rules so as to cease to be within that subsection, any part of its life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
shall thereafter continue to be tax exempt life or endowment business for the purposes of this Chapter.
- (8) Where at any time a friendly society not within subsection (5) above amends its rules so as to bring itself within that subsection, any part of its life or endowment business consisting of business which—
- (a) related to contracts made before that time; and
- (b) immediately before that time was not tax exempt life or endowment business,
shall thereafter continue not to be tax exempt life or endowment business for the purposes of this Chapter.
- (9) Where at any time a friendly society not within subsection (5) above acquires by way of transfer of engagements or amalgamation from another friendly society any life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
that business shall thereafter continue to be tax exempt life or endowment business for the purposes of this Chapter.
- (10) Where at any time a friendly society within subsection (5) above acquires by way of transfer of engagements or amalgamation from another friendly society any life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was not tax exempt life or endowment business,
that business shall thereafter continue not to be tax exempt life or endowment business for the purposes of this Chapter.
- (10A) Where at any time an insurance business transfer scheme has effect to transfer to a friendly society long-term business, any life or endowment business which relates to contracts included in the transfer , other than any to which subsection (11) or (12) below applied immediately before the transfer had effect, shall not thereafter be tax exempt life or endowment business for the purposes of this Chapter.
- (10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) Where at any time a friendly society ceases . . . by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act, any part of its life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
shall continue to be exempt from corporation tax (whether on income or chargeable gains) on profits arising from it.
- (12) Where at any time an insurance company acquires by way of transfer of engagements from a friendly society any life or endowment business consisting of business which—
- (a) relates to contracts made before that time; and
- (b) immediately before that time was tax exempt life or endowment business,
that business shall continue to be exempt from corporation tax (whether on income or chargeable gains) on profits arising from it.
- (13) But if any contracts constituting or forming part of the business of a company covered by subsection (11) or (12) above are varied during an accounting period of the company so as to increase the premiums payable under them, the business relating to those contracts is not exempt from corporation tax for that or any subsequent accounting period.
- (14) For the purposes of the Corporation Tax Acts any part of a company's business which is exempt from corporation tax by virtue of subsection (11) or (12) above shall be treated as a separate business from any other business carried on by the company.
- (15) The Treasury may by regulations provide that, where any part of the business of a company is exempt from corporation tax by virtue of subsection (11) or (12) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (16) Regulations under subsection (15) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
#### Taxation in respect of other business
##### 461
- (1) Subject to the following provisions of this section, a registered friendly society other than a society to which subsection (2) below applies shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains) on its profits other than those arising from life or endowment business.
- (2) This subsection applies to any society registered after 31st May 1973 unless—
- (a) its business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by the Board; or
- (b) it was registered before 27th March 1974 and its rules limit the aggregate amount which may be paid by a member by way of contributions and deposits to not more than £1 per month or such greater amount as the Board may authorise for the purposes of this section;
and also applies to any society registered before 1st June 1973 with respect to which a direction under subsection (7) below is in force.
- (3) If a society to which subsection (2) above applies, after 26th March 1974 or such later date as may be specified in a direction under this section, makes a payment to a member in respect of his interest in the society and the payment is made otherwise than in the course of life or endowment business and exceeds the aggregate of any sums paid by him to the society by way of contributions or deposits, after deducting from that aggregate the amount of—
- (a) any previous payment so made to him by the society after that date, and
- (b) any earlier repayment of such sums paid by him,
the excess shall be treated for the purposes of corporation tax and income tax as a qualifying distribution.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a registered friendly society—
- (a) at any time ceases . . . by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act; and
- (b) immediately before that time was exempt from . . . corporation tax on profits arising from any business carried on by it other than life or endowment business,
the company into which the society is converted shall be so exempt on its profits arising from any part of that business which relates to contracts made before that time so long as there is no increase in the scale of benefits which it undertakes to provide in the course of carrying on that part of its business.
- (4A) Where—
- (a) at any time an insurance company acquires by way of transfer of engagements from a registered friendly society any business other than life or endowment business, and
- (b) immediately before that time the society was exempt from corporation tax on profits arising from that business,
the insurance company shall be exempt from corporation tax on its profits arising from any part of that business which relates to contracts made before that time.
- (4B) But if during an accounting period of the insurance company there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on any such part of that business, the company shall not be exempt from corporation tax by virtue of subsection (4A) above for that or any subsequent accounting period.
- (5) For the purposes of the Corporation Tax Acts any part of a company’s business in respect of the profits from which the company is exempt by virtue of subsection (4) or (4A) above shall be treated as a separate business from any other business carried on by the company.
- (6) If—
- (a) a friendly society registered before 1st June 1973 begins after 26th March 1974 to carry on business other than life or endowment business or, in the opinion of the Board, begins to carry on business other than life or endowment business on an enlarged scale or of a new character; and
- (b) it appears to the Board, having regard to the restrictions imposed by this section on friendly societies registered later, that for the protection of the revenue it is expedient to do so;
the Board may give a direction to the society under subsection (7) below.
- (7) A direction under this subsection is that (and has the effect that) the society to which it is given is to be treated for the purposes of this Act as a society registered after 31st May 1973 with respect to business carried on after the date of the direction.
- (8) A society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction to the Special Commissioners on the ground that—
- (a) it has not begun to carry on business as mentioned in subsection (6)(a) above; or
- (b) the direction is not necessary for the protection of the revenue.
- (9) If a registered friendly society in respect of which a direction is in force under subsection (7) above becomes an incorporated friendly society, the direction shall continue to have effect, so that the incorporated friendly society shall be treated for the purposes of this Act as a society registered after 31st May 1973.
- (10) For the purposes of this section a registered friendly society formed on the amalgamation of two or more friendly societies shall be treated as registered before 1st June 1973 if at the time of the amalgamation subsection (2) above did not apply to any of the societies amalgamated, but otherwise shall be treated as registered at that time.
- (11) For the purposes of this section and section 461C—
- (a) any group of persons which was approved for the purposes of this section (as mentioned in subsection (2)(a) above) immediately before 1st December 2001 shall be treated as having been approved for the purposes of this section by the Board on that date;
- (b) any greater amount which was authorised for the purposes of this section (as mentioned in subsection (2)(b) above) immediately before 1st December 2001 shall be treated as having been authorised for the purposes of this section by the Board on that date; and
- (c) where a direction that subsection (2) above applies to a society was in force immediately before 1st December 2001, a direction in relation to that society shall be treated as having been made under subsection (7) above by the Board on that date.
- (12) The Treasury may by regulations provide that, where any part of the business of a company is exempt from corporation tax by virtue of subsection (4) or (4A) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (13) Regulations under subsection (12) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
#### Conditions for tax exempt business
##### 462
- (1) Subject to subsection (2) below, section 460 does not afford any exemption from corporation tax in relation to so much of the profits arising to a friendly society or insurance company from any business as is attributable to a policy which—
- (a) is not a qualifying policy (by virtue of sub-paragraph (2) of paragraph 6 of Schedule 15) and is not an excluded policy, and
- (b) would not be a qualifying policy (by virtue of that sub-paragraph) if all excluded policies were left out of account.
- (1A) For the purposes of subsection (1) above a policy is an excluded policy if—
- (a) it is a policy held otherwise than with the friendly society or insurance company, or
- (b) the person who has the contract effecting the policy acquired the rights under it on an assignment (or, in Scotland, assignation) otherwise than for money or money's worth.
- (2) Section 460(2)(a) or (aa) and subsection (1) above shall not withdraw exemption in relation to profits arising from any part of a business relating to contracts made not later than 3rd May 1966.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life or endowment business: application of the Corporation Tax Acts
##### 463
- (1) Subject to section 460(1), the Corporation Tax Acts shall apply to long-term business carried on by friendly societies in the same way as they apply to mutual life assurance business (or other long-term business) carried on by insurance companies, so however that the Treasury may by regulations provide that those Acts as so applied shall have effect subject to such modifications and exceptions as may be prescribed by the regulations, and those regulations may in particular require any part of any business to be treated as a separate business.
- (2) The provisions of the Corporation Tax Acts which apply on the transfer of the whole or part of the long-term business of an insurance company shall apply in the same way—
- (a) on the transfer of the whole or part of the business of a friendly society to another friendly society (and on the amalgamation of friendly societies), and
- (b) on the transfer of the whole or part of the business of a friendly society to a company which is not a friendly society (and on the conversion of a friendly society into such a company),
so however that the Treasury may by regulations provide that those provisions as so applied shall have effect subject to such modifications and exceptions as may be prescribed by the regulations.
- (3) The Treasury may by regulations provide that the provisions of the Corporation Tax Acts which apply on the transfer of the whole or part of the long-term business of an insurance company to another company shall have effect where the transferee is a friendly society subject to such modifications and exceptions as may be prescribed by the regulations.
- (4) Regulations under this section may make different provision for different cases and may include provision having retrospective effect.
#### Maximum benefits payable to members
##### 464
- (1) Subject to subsections (2) and (3) below, a person is not entitled to have at any time outstanding contracts with any one or more friendly societies, registered branches or insurance companies which (taking them all together) are for the assurance of—
- (a) more than £750 by way of gross sum under business which is afforded exemption from corporation tax by section 460, or
- (b) more than £156 by way of annuity under such business.
In any case where the member’s outstanding contracts were all made before 14th March 1984 this subsection shall have effect with the substitution for “£750” and “£156” of “ £2,000 ” and “ £416 ” respectively.
- (2) Subsection (1)(a) above shall not apply as respects sums assured under contracts made after 31st August 1987.
- (3) With respect to contracts for the assurance of gross sums under business which is afforded exemption from corporation tax by section 460, a person is not entitled to have outstanding at any time with any one or more friendly societies, registered branches or insurance companies—
- (zza) contracts under which the total premiums payable in any period of 12 months exceed £270; or
- (za) contracts made before the day on which the Finance Act 1995 was passed and under which the total premiums payable in any period of 12 months exceed £200; or
- (a) contracts made before the day on which the Finance Act 1991 was passed and under which the total premiums payable in any period of 12 months exceed £150; or
- (b) contracts made before 1st September 1990 under which the total premiums payable in any period of 12 months exceed £100,
unless all those contracts were made before 1st September 1987.
- (4) In applying the limits in subsection (3) above, the premiums under any contract for an annuity which was made before 1st June 1984 by a new society shall be brought into account as if the contract were for the assurance of a gross sum.
- (4A) Subsection (4B) below applies to contracts for the assurance of gross sums under business which is afforded exemption from corporation tax by section 460 if they are made after 31st August 1987 and before the day on which the Finance Act 1995 was passed.
- (4B) Where the amount payable by way of premium under a contract to which this subsection applies is increased by virtue of a variation made—
- (a) in the period beginning with 25th July 1991 and ending with 31st July 1992, or
- (b) in the period beginning with the day on which the Finance Act 1995 was passed and ending with 31st March 1996,
the contract shall, for the purposes of subsection (3) above, be treated, in relation to times when the contract has effect as varied, as made at the time of the variation.
- (5) In applying the limits in this section there shall be disregarded—
- (a) any bonus or addition which either is declared upon assurance of a gross sum or annuity or accrues upon such an assurance by reference to an increase in the value of any investments;
- (b) any policy of insurance or annuity contract by means of which the benefits to be provided under an occupational pension scheme (within the meaning of section 150(5) of the Finance Act 2004) are secured or any annuity contract which constitutes a registered pension scheme or is issued or held in connection with a registered pension scheme other than such an occupational pension scheme;
- (c) any increase in a benefit under a friendly society contract, as defined in section 6 of the Decimal Currency Act 1969, resulting from the adoption of a scheme prescribed or approved in pursuance of subsection (3) of that section; and
- (d) so far as concerns the total premiums payable in any period of 12 months—
- (i) 10 per cent. of the premiums payable under any contract under which the premiums are payable more frequently than annually; and
- (ii) £10 of the premiums payable under any contract made before 1st September 1987 by a friendly society other than a new society; and
- (iii) so much of any premium as is charged on the ground that an exceptional risk of death is involved.
- (6) In applying the limits in this section in any case where a person has outstanding with one or more societies, branches or companies one or more contracts made after 13th March 1984 and one or more contracts made on or before that date, any contract for an annuity which was made before 1st June 1984 by a new society shall be regarded not only as a contract for the annual amount concerned but also as a contract for the assurance of a gross sum equal to 75 per cent. of the total premiums which would be payable under the contract if it were to run for its full term or, as the case may be, if the member concerned were to die at the age of 75 years.
- (7) A friendly society , registered branch or insurance company may require a person to make and sign a statutory declaration that the total amount assured under outstanding contracts entered into by that person with any one or more friendly societies, registered branches or insurance companies (taken together) does not exceed the limits applicable by virtue of this section and that the total premiums under those contracts do not exceed those limits.
#### Old societies
##### 465
- (1) In this section “*old society*” means a friendly society which is not a new society.
- (2) This section applies if, on or after 19th March 1985, an old society—
- (a) begins to carry on tax exempt life or endowment business; or
- (b) in the opinion of the Board begins to carry on such business on an enlarged scale or of a new character.
- (3) If it appears to the Board, having regard to the restrictions placed on qualifying policies issued by new societies by paragraphs 3(1)(b) . . . and 4(3)(b) of Schedule 15, that for the protection of the revenue it is expedient to do so, the Board may give a direction to the old society under subsection (4) below.
- (4) A direction under this subsection is that (and has the effect that) the old society to which it is given is to be treated for the purposes of this Act as a new society with respect to business carried on after the date of the direction.
- (5) An old society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction to the Special Commissioners on the ground that—
- (a) it has not begun to carry on business as mentioned in subsection (2) above; or
- (b) that the direction is not necessary for the protection of the revenue.
- (6) If a registered friendly society in respect of which a direction is in force under subsection (4) above becomes an incorporated friendly society, the direction shall continue to have effect, so that the incorporated friendly society shall be treated for the purposes of this Act as a new society.
#### Interpretation of Chapter II
##### 466
- (1) In this Chapter “*life or endowment business*” means, subject to subsections (1A) and (1B) below—
- (a) any life assurance business, and
- (b) any PHI business (as defined in section 431) if—
- (i) the contract is one made before 1 September 1996, or
- (ii) the contract is one made on or after that date and the effecting and carrying out of the business also constitutes business within paragraphs I, II or III of Part II of Schedule 1 to the Financial Services and Markets Act (Regulated Activities) Order 2001.
- (1A) Life or endowment business does not include the issue, in respect of a contract made before 1st September 1996, of a policy affording provision for sickness or other infirmity (whether bodily or mental), unless—
- (a) the policy also affords assurance for a gross sum independent of sickness or other infirmity;
- (b) not less than 60 per cent. of the amount of the premiums is attributable to the provision afforded during sickness or other infirmity; and
- (c) there is no bonus or addition which may be declared or accrue upon the assurance of the gross sum.
- (1B) Life or endowment business does not include the assurance of any annuity the consideration for which consists of sums obtainable on the maturity, or on the surrender, of any other policy of assurance issued by the friendly society, being a policy of assurance forming part of the tax exempt life or endowment business of the friendly society.
- (2) In this Chapter—
- “*friendly society*”, without qualification, means (except in section 459) an incorporated friendly society or a registered friendly society;
- “*gross roll-up business*” shall be construed in accordance with section 431;
- “*incorporated friendly society*” means a society incorporated under the Friendly Societies Act 1992;
- “*insurance company*” shall be construed in accordance with section 431;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*long-term business*” shall be construed in accordance with section 431;
- “*new society*” means—a registered friendly society which was registered after 3rd May 1966 or which was registered in the period of three months ending on that date but which at no time earlier than that date carried on any life or endowment business, oran incorporated friendly society other than one which, before its incorporation, was a registered friendly society not within paragraph (a) above;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*policy*”, in relation to life or endowment business, includes an instrument evidencing a contract to pay an annuity upon human life;
- “*registered branch*” means the same as in the Friendly Societies Act 1992 (and includes any branch that by virtue of section 96(3) of that Act is to be treated as a registered branch);
- “*registered friendly society*” means the same as in the Friendly Societies Act 1992 (and includes any society that by virtue of section 96(2) of that Act is to be treated as a registered friendly society);
- . . .
- “*tax exempt life or endowment business*” has, subject to subsections (7) to (10A) of section 460, the meaning given by subsection (2)(d) of that section, that is to say, it means (subject to those subsections) life or endowment business other than business profits arising from which are excluded from subsection (1) of that section by subsection (2)(b) or (c) of that section (read, where appropriate, with subsection (6) of that section);
and references in sections 460 to 465 and this subsection to a friendly society include, in the case of a registered friendly society, references to any branch of that society.
- (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) It is hereby declared that for the purposes of this Chapter (except where provision to the contrary is made) a friendly society formed on the amalgamation of two or more friendly societies is to be treated as different from the amalgamated societies.
- (4) A registered friendly society formed on the amalgamation of two or more friendly societies shall, for the purposes of this Chapter, be treated as registered not later than 3rd May 1966 if at the time of the amalgamation—
- (a) all the friendly societies amalgamated were registered friendly societies eligible for the exemption conferred by section 460(1); and
- (b) at least one of them was not a new society;
or, if the amalgamation took place before 19th March 1985, the society was treated as registered not later than 3rd May 1966 by virtue of the proviso to section 337(4) of the 1970 Act.
- (5) An incorporated friendly society formed on the amalgamation of two or more friendly societies shall, for the purposes of this Chapter, be treated as a society which, before its incorporation, was a registered friendly society registered not later than 3rd May 1966 if at the time of the amalgamation—
- (a) all the friendly societies amalgamated were registered friendly societies eligible for the exemption conferred by section 460(1); and
- (b) at least one of them was not a new society.
### Trade unions and employers’ associations
#### Exemption for trade unions and employers' associations
##### 467
- (1) A trade union which is precluded by Act of Parliament or by its rules from assuring to any person a sum exceeding £4,000 by way of gross sum or £825 by way of annuity shall on making a claim be entitled to exemption from corporation tax—
- (a) . . . in respect of its income which is not trading income and which is applicable and applied for the purpose of provident benefits;
- (b) . . . in respect of chargeable gains which are applicable and applied for the purpose of provident benefits.
- (2) In this section “*provident benefits*” includes any payment, expressly authorised by the rules of the trade union, which is made to a member during sickness or incapacity from personal injury or while out of work, or to an aged member by way of superannuation, or to a member who has met with an accident, or has lost his tools by fire or theft, and includes a payment in discharge or aid of funeral expenses on the death of a member or the spouseor civil partner of a member or as provision for the children of a deceased member.
- (3) In determining for the purposes of this section whether a trade union is by Act of Parliament or its rules precluded from assuring to any person a sum exceeding £825 by way of annuity, there shall be disregarded any annuity contract which constitutes a registered pension scheme or is issued or held in connection with a registered pension scheme other than an occupational pension scheme (within the meaning of section 150(5) of the Finance Act 2004).
- (3A) The Treasury may by order substitute for any figure for the time being specified in this section such greater figure as may be specified in the order; and any amendment made in exercise of the power conferred by this subsection shall have effect in relation to such income or gains as may be specified in the order.
- (4) In this section “*trade union*” means—
- (a) any trade union the name of which is entered in the list of trade unions maintained by the Certification Officer under section 2 of the Trade Union and Labour Relations (Consolidation) Act 1992;
- (b) any employers’ association the name of which is entered in the list of employers’ associations maintained by the Certification Officer under section 123 of the Trade Union and Labour Relations (Consolidation) Act 1992 and which on 30th September 1971 was a registered trade union for the purposes of section 338 of the 1970 Act;
- (ba) any trade union the name of which is entered in the list of trade unions maintained by the Certification Officer for Northern Ireland under Article 5 of the Industrial Relations (Northern Ireland) Order 1992;
- (bb) any employers’ association the name of which is entered in the list of employers’ associations maintained by the Certification Officer for Northern Ireland under Article 5 of the Industrial Relations (Northern Ireland) Order 1992 and which immediately before the coming into operation of that Article was a trade union for the purposes of this section; and
- (c) the Police Federation for England and Wales, the Police Federation for Scotland, the Police Federation for Northern Ireland and any other organisation of persons in police service which has similar functions.
### CHAPTER III — UNIT TRUST SCHEMES, DEALERS IN SECURITIES ETC.
### Unit trust schemes
#### Authorised unit trusts
##### 468
- (1) In respect of income arising to the trustees of an authorised unit trust, and for the purposes of the provisions relating to relief for capital expenditure, the Tax Acts shall have effect as if—
- (a) the trustees were a company resident in the United Kingdom; and
- (b) the rights of the unit holders were shares in the company;
but paragraph (b) above is without prejudice to the making of distributions which are interest distributions (within the meaning of regulations made under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see regulation 18(3) of the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964))) to unit holders.
- (1A) In relation to any authorised unit trust the rate of corporation tax for the financial year 1996 and subsequent financial years shall be deemed to be the rate at which income tax at the basic rate is charged for the year of assessment which begins on 6th April in the financial year concerned and section 13 shall not apply.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) References in the Corporation Tax Acts to a body corporate shall be construed in accordance with subsection (1) above, and section 234A shall apply with any necessary modifications.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Subject to subsections (7) to (9) below in this section—
- “*authorised unit trust*” means, as respects an accounting period, a unit trust scheme in the case of which an order under section 243 of the Financial Services and Markets Act 2000 is in force during the whole or part of that accounting period;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*unit holder*” means a person entitled to a share of the investments subject to the trusts of a unit trust scheme; . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Each of the parts of an umbrella scheme shall be regarded for the purposes of this Chapter as an authorised unit trust and the scheme as a whole shall not be so regarded.
- (8) In this section, “*umbrella scheme*” means a unit trust scheme—
- (a) which provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are to be made to them;
- (b) under which the participants are entitled to exchange rights in one pool for rights in another; and
- (c) in the case of which an order under section 243 of the Financial Services and Markets Act 2000 is in force;
and any reference to a part of an umbrella scheme is a reference to such of the arrangements as relate to a separate pool.
- (9) In relation to a part of an umbrella scheme, any reference—
- (a) to investments subject to the trusts of an authorised unit trust, shall have effect as a reference to such of the investments as under the arrangements form part of the separate pool to which the part of the umbrella scheme relates; and
- (b) to a unit holder, shall have effect as a reference to a person for the time being having rights in that separate pool.
#### Other unit trusts
##### 469
- (1) This section applies to—
- (a) any unit trust scheme that is an unauthorised unit trust within the meaning of section 989 of ITA 2007; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
except where the trustees of the scheme are not resident in the United Kingdom.
- (2) Income arising to the trustees of the scheme shall be regarded for the purposes of the Corporation Tax Acts as income of the trustees (and not as income of the unit holders) ; and the trustees (and not the unit holders) shall be regarded as the persons to or on whom allowances or charges are to be made under the provisions of those Acts relating to relief for capital expenditure. . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) For the purposes of the Corporation Tax Acts, the trustees are treated as making an annual payment (under deduction of income tax) to each unit holder if an amount is shown in the scheme's accounts as income available for payment to unit holders or for investment.
- (4B) The amount of an annual payment to a unit holder for a distribution period before the deduction of income tax is its gross amount.
- (4C) Section 548(2) of ITTOIA 2005 applies for the purpose of calculating the gross amount of an annual payment for a distribution period as it applies for the purpose of calculating the gross amount of income treated as received for a distribution period under Chapter 10 of Part 4 of that Act.
- (4D) Section 941 of ITA 2007 deals with the deduction of income tax from the gross amount so calculated.
- (5) The date on which the annual payment is treated as made shall be the date or latest date provided by the terms of the scheme for any distribution in respect of the distribution period in question, except that, if—
- (a) the date so provided is more than 12 months after the end of the period; or
- (b) no date is so provided,
the date on which the payment is treated as made shall be the last day of the period.
- (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In this section “*distribution period*”means a period beginning on or after 1st April 1987 over which income from the investments subject to the trusts is aggregated for the purposes of ascertaining the amount available for distribution to unit holders, but—
- (a) if the scheme does not make provision for distribution periods, then for the purposes of this section its distribution periods shall be taken to be successive periods of 12 months the first of which began with the day on which the scheme took effect; and
- (b) if the scheme makes provision for distribution periods of more than 12 months, then for the purposes of this section each of those periods shall be taken to be divided into two (or more) distribution periods, the second succeeding the first after 12 months (and so on for any further periods).
- (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) This section shall have effect in relation to distribution periods beginning on or after 6th April 1987.
#### Transitional provisions relating to unit trusts
##### 470
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Dealers in securities, banks and insurance businesses
#### Exchange of securities in connection with conversion operations, nationalisation etc
##### 471
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Distribution of securities issued in connection with nationalisation etc
##### 472
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conversion etc. of securities held as circulating capital
##### 473
- (1) Subsections (3) and (4) below shall have effect where a transaction to which this section applies occurs in relation to any securities (“*the original holding*”)—
- (a) to which a company carrying on a banking business, an insurance business or a business consisting wholly or partly in dealing in securities is beneficially entitled; and
- (b) which are such that a profit on their sale would form part of the trading profits of that business.
- (2) This section applies to any transaction which . . . —
- (a) results in the original holding being equated with a new holding by virtue of sections 126 to 136 of the 1992 Act (capital gains tax roll-over relief in cases of conversion etc.); or
- (b) is treated by virtue of section 134 of that Act (compensation stock) as an exchange for a new holding which does not involve a disposal of the original holding;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) This section does not apply to securities in respect of which unrealised profits or losses, calculated by reference to the fair value of the securities at the end of a period of account, are taken into account in the period of account in which the transaction mentioned in subsection (2) above occurs.
- (2B) Subsection (2A) above shall be disregarded in determining for the purposes of section 66 of the Finance Act 2002 (election to continue postponement of mark to market) whether an asset was held by a person on 1st January 2002.
- (3) Subject to subsection (4) below, in making any computation in accordance with the provisions of this Act applicable to Case I of Schedule D of the profits or losses of the business—
- (a) the transaction shall be treated as not involving any disposal of the original holding, and
- (b) the new holding shall be treated as the same asset as the original holding.
- (4) Where under the transaction the company concerned receives or becomes entitled to receive any consideration in addition to the new holding, subsection (3) above shall have effect as if references to the original holding were references to the proportion of it which the market value of the new holding at the time of the transaction bears to the aggregate of that value and the market value at that time (or, if it is cash, the amount) of the consideration.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In this section “*securities*” includes shares, any security within the meaning of section 132 of the 1992 Act and any rights, interests or options which by virtue of section 135(5), 136(5), 147 or 99 of that Act are treated as shares for the purposes of sections 126 to 136 of that Act.
- (7) In determining for the purposes of subsection (2)(a) above whether a transaction results in the original holding being equated with a new holding by virtue of section 135 or 136 of the 1992 Act the reference in section 137(1) of that Act to capital gains tax shall be construed as a reference to income tax.
#### Treatment of tax-free income
##### 474
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax-free Treasury securities: exclusion of interest on borrowed money
##### 475
- (1) This section has effect where a banking business, an insurance business or a business consisting wholly or partly in dealing in securities—
- (a) is carried on in the United Kingdom by a person not ordinarily resident there; and
- (b) in computing for any of the purposes of the Tax Acts the profits arising from, or loss sustained, in the business, any amount which would otherwise be brought into account is disregarded by virtue of a condition subject to which any 3½% War Loan 1952 or after was issued;
and for this purpose insurance business includes insurance business of any category.
- (2) Up to the amount determined under this section (“*the amount ineligible for relief*”), interest on money borrowed for the purposes of the business—
- (a) shall be excluded in any computation under the Tax Acts of the profits (or losses) arising from the business . . . , and
- (b) shall not be brought into account by way of any debit given for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships).
- (3) Subject to subsection (4) below, in determining the amount ineligible for relief, account shall be taken of all money borrowed for the purposes of the business which is outstanding in the accounting or basis period, up to the total cost of the 3½% War Loan 1952 or after held for the purpose of the business in that period.
- (4) Where the person carrying on the business is a company, account shall not be taken of any borrowed money carrying interest which, apart from subsection (2) above, does not fall to be included in the computations under paragraph (a) of that subsection or to be brought into account by way of a debit given for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships).
- (5) . . . The amount ineligible for relief shall be equal to a year’s interest on the amount of money borrowed which is to be taken into account under subsection (3) above at a rate equal to the average rate of interest in the accounting or basis period on money borrowed for the purposes of the business, except that in the case of a period of less than 12 months interest shall be taken for that shorter period instead of for a year.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of this section the cost of a holding of 3½% War Loan 1952 or after which has fluctuated in the accounting or basis period shall be the average cost of acquisition of the initial holding, and of any subsequent acquisitions in the accounting or basis period, applied to the average amount of the holding in the accounting or basis period, . . . .
- (9) In this section “*accounting or basis period*” means the company’s accounting period or the period by reference to which the profits or gains arising in the year of assessment are to be computed.
### CHAPTER IV — BUILDING SOCIETIES, BANKS, SAVINGS BANKS, INDUSTRIAL AND PROVIDENT SOCIETIES AND OTHERS
#### Building societies: regulations for payment of tax
##### 476
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Investments becoming or ceasing to be relevant building society investments
##### 477
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Building societies: time for payment of tax
##### 478
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest paid on deposits with banks etc
##### 479
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deposits becoming or ceasing to be composite rate deposits
##### 480
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### “Deposit-taker”, “deposit” and “relevant deposit”
##### 481
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions
##### 482
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Determination of reduced rate for building societies and composite rate for banks etc
##### 483
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) If the order made under section 26 of the Finance Act 1984 in the year 1987-88 is made in pursuance of subsection (4) of that section, that order shall, notwithstanding that that subsection is not re-enacted by this Act, apply for the purposes of sections 476 and 479 for the year 1988-89.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Savings banks: exemption from tax
##### 484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Savings banks: supplemental
##### 485
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Industrial and provident societies and co-operative associations
##### 486
- (1) Notwithstanding anything in the Tax Acts, share interest or loan interest paid by a registered industrial and provident society shall not be treated as a distribution for the purposes of corporation tax; but interest payable by such a society (whether as share interest or loan interest) shall be treated for those purposes as interest under a loan relationship of the society.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Any share interest or loan interest paid by a registered industrial and provident society shall be chargeable under Case III of Schedule D for the purposes of corporation tax.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) If for any accounting period a return under section 887(2) of ITA 2007 above is not duly made by a registered industrial and provident society, share and loan interest paid by the society in that period shall not be brought into account in that period for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships).
- (8) If in the course of, or as part of, a union or amalgamation of two or more registered industrial and provident societies, or a transfer of engagements from one registered industrial and provident society to another, there is a disposal of an asset by one society to another, both shall be treated for the purposes of corporation tax in respect of chargeable gains as if the asset were acquired from the society making the disposal for a consideration of such amount as would secure that neither a gain nor a loss would accrue to that society on the disposal.
- (9) Subsections (1) and (8) above shall have effect as if references to a registered industrial and provident society included any co-operative association established and resident in the United Kingdom, and having as its object or primary object to assist its members in the carrying on of agricultural or horticultural businesses on land occupied by them in the United Kingdom or in the carrying on of businesses consisting in the catching or taking of fish or shellfish.
- (10) It is hereby declared that, in computing, for the purposes of any provision of the Tax Acts relating to profits chargeable under Case I of Schedule D (“the tax computation”), any profits of—
- (a) any registered industrial and provident society which does not sell to persons not members thereof; or
- (b) any registered industrial and provident society the number of the shares in which is not limited by its rules or practice;
there are to be deducted as expenses any sums which—
- (i) represent a discount, rebate, dividend or bonus granted by the company to members or other persons in respect of amounts paid or payable by or to them on account of their transactions with the company, being transactions which are taken into account in the tax computation; and
- (ii) are calculated by reference to those amounts or to the magnitude of those transactions and not by reference to the amount of any share or interest in the capital of the company.
- (11) No dividends or bonus deductible in computing income as mentioned in subsection (10) above shall be regarded as a distribution.
- (12) In this section—
- “*co-operative association*” means a body of persons having a written constitution from which the Minister is satisfied, having regard to the provision made as to the manner in which the income of the body is to be applied for the benefit of its members and all other relevant provisions, that the body is in substance a co-operative association;
- “*the Minister*” means—
- the Secretary of State, as regards England and Wales;
- the Secretary of State, as regards Scotland; and
- the Department of Agriculture for Northern Ireland, as regards Northern Ireland;
- “*registered industrial and provident society*” means—a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or under the Industrial and Provident Societies Act (Northern Ireland) 1969, oran SCE formed in accordance with Council Regulation [(EC) 1435/2003](https://www.legislation.gov.uk/european/regulation/2003/1435) on the Statute for a European Co-Operative Society;
- “*share interest*” means any interest, dividend, bonus or other sum payable to a shareholder of the society by reference to the amount of his holding in the share capital of the society;
- “*loan interest*” means any interest payable by the society in respect of any mortgage, loan, loan stock or deposit;
and references to the payment of share interest or loan interest include references to the crediting of such interest.
#### Credit unions
##### 487
- (1) Subject to subsection (2) below, in computing for the purposes of corporation tax the income of a credit union for any accounting period—
- (a) neither the activity of the credit union in making loans to its members nor in placing on deposit or otherwise investing from time to time its surplus funds shall be regarded as the carrying on of a trade or part of a trade; and
- (b) no credits shall be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in respect of any loan relationship of a credit union as respects which a member of the union stands in the position of a debtor as respects the debt in question.
- (2) Paragraph (b) of subsection (1) above shall not apply to an accounting period of a credit union for which the credit union is obliged to make a return under section 887(2) of ITA 2007 and has not done so within three months after the end of that accounting period or such longer period as the inspector shall allow.
- (3) An annuity or other annual payment (not being a payment of share interest or loan interest) which is paid or payable by a credit union in any accounting period shall not be deductible in computing for the purposes of corporation tax the income of the credit union for that period from any trade carried on by it . . . .
- (3A) No debits shall be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in respect of any loan relationship of a credit union as respects which a member of the union stands in the position of a creditor as respects the debt in question.
- (4) A credit union shall not be regarded as a company with investment business for the purposes of section 75 above or Part 2 of the Capital Allowances Act (plant and machinery allowances).
- (5) In this section—
- “*credit union*” means a society registered as a credit union under the Industrial and Provident Societies Act 1965 or the Credit Unions (Northern Ireland) Order 1985;
- “*share interest*” and “*loan interest*” have the same meaning as in section 486;
- “*surplus funds*”, in relation to a credit union, means funds not immediately required for its purposes;
and references to the payment of share interest or loan interest include references to the crediting of such interest.
#### Co-operative housing associations
##### 488
- (1) Where a housing association makes a claim in that behalf for any year or part of a year of assessment during which the association was approved for the purposes of this section—
- (a) rent to which the association was entitled from its members for the year or part shall be disregarded for tax purposes; and
- (b) any yearly interest payable by the association for the year or part shall be treated for tax purposes in relation to the association as if there were no interest so payable.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Where the property, or any of the properties, to which any such interest as is mentioned in paragraph (b) of subsection (1) above relates is for any period not subject to a tenancy—
- (a) that paragraph shall not apply in relation to so much of the interest as is attributable to the property not subject to a tenancy;. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where a claim under subsection (1) above has effect, any adjustment of the liability to tax of . . . the association which is required in consequence of the claim may be made by an assessment or by repayment or otherwise, as the case may require.
- (5) Where a housing association makes a claim in that behalf for an accounting period or part of an accounting period during which it was approved for the purposes of this section, the housing association shall be exempt from corporation tax on chargeable gains accruing to it in the accounting period or part on the disposal by way of sale of any property which has been or is being occupied by a tenant of the housing association.
- (6) References in this section to the approval of an association shall be construed as references to approval—
- (a) by the Secretary of State in the case of a housing association in Great Britain;
- (b) by the Head of the Department of the Environment for Northern Ireland in the case of a housing association in Northern Ireland;
and an association shall not be approved unless the approving authority is satisfied—
- (i) that the association is, or is deemed to be, duly registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, and is a housing association within the meaning of the Housing Associations Act 1985 or Article 3 of the Housing (Northern Ireland) Order 1992;
- (ii) that the rules of the association restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assignment (or, in Scotland, the granting or assignation) of tenancies to persons other than members; and
- (iii) that the association satisfies such other requirements as may be prescribed by the Secretary of State as respects Great Britain, or the Head of the Department for Social Development for Northern Ireland as respects Northern Ireland, and will comply with such conditions as may for the time being be so prescribed.
- (7) An approval given for the purposes of this section shall have effect as from such date (whether before or after the giving of the approval) as may be specified by the approving authority and shall cease to have effect if revoked.
- (7A) The Secretary of State may delegate any of his functions under subsections (6) and (7)—
- (a) to the Housing Corporation, in the case of a body registered as a social landlord in the register maintained by the Housing Corporation under Part I of the Housing Act 1996, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to such extent and subject to such conditions as he may specify.
- (8) The Secretary of State as respects Great Britain, or the Head of the Department of the Environment for Northern Ireland as respects Northern Ireland, may make regulations for the purpose of carrying out the provisions of this section; and, from the coming into operation of regulations under this subsection prescribing requirements or conditions for the purposes of subsection (6)(iii) above, “prescribed” in subsection (6)(iii) above shall mean prescribed by or under such regulations.
- (9) A claim under this section may be made at any time not later than two years after the end of the year of assessment or accounting period to which, or to a part of which, it relates.
- (10) Subject to subsection (11) below, no claim shall be made under this section unless during the year or accounting period, or part thereof, to which the claim relates—
- (a) no property belonging to the association making the claim was let otherwise than to a member of the association;
- (b) no property let by the association, and no part of such property, was occupied, whether solely or as joint occupier, by a person not being a member of the association;
- (c) the association making the claim satisfies the conditions specified in subsection (6)(i) and (ii) above and has complied with the conditions prescribed under subsection (6)(iii) for the time being in force; and
- (d) any covenants required to be included in grants of tenancies by those conditions have been observed.
- (11) A housing association may make a claim under this section notwithstanding anything in subsection (10) above, if the association reasonably considers that the requirements of that subsection are substantially complied with.
- (11A) If as a result of an enquiry—
- (a) into a company tax return, in which a claim under this section by a housing association is included, or
- (b) under paragraph 5 of Schedule 1A to that Act into a claim under this section by a housing association, or an amendment of such a claim,
an amendment is made to the association’s return or, as the case may be, to the claim, the liability of the association to tax for all relevant years or accounting periods may also be adjusted by the making of assessments or otherwise.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Self-build societies
##### 489
- (1) Where a self-build society makes a claim in that behalf for any year or part of a year of assessment during which the society was approved for the purposes of this section, rent to which the society was entitled from its members for the year or part shall be disregarded for tax purposes.
- (2) Where a claim under subsection (1) above has effect, any adjustment of the society’s liability to tax which is required in consequence of the claim may be made by an assessment or by repayment or otherwise, as the case may require.
- (3) Where a self-build society makes a claim in that behalf for an accounting period or part during which it was approved for the purposes of this section, the society shall be exempt from corporation tax on chargeable gains accruing to it in the accounting period or part thereof on the disposal of any land to a member of the society.
- (4) References in this section to the approval of a self-build society are references to its approval by the Secretary of State, and the Secretary of State shall not approve a self-build society for the purposes of this section unless he is satisfied—
- (a) that the society is, or is deemed to be, duly registered under the Industrial and Provident Societies Act 1965; and
- (b) that the society satisfies such other requirements as may be prescribed by or under regulations under subsection (6) below and will comply with such conditions as may for the time being be so prescribed.
- (5) An approval given for the purposes of this section shall have effect as from such date (whether before or after the giving of the approval) as may be specified by the Secretary of State and shall cease to have effect if revoked by him.
- (5A) The Secretary of State may delegate any of his functions under subsections (4) and (5) to—
- (a) the Housing Corporation, where the society has its registered office in England for the purposes of the Industrial and Provident Societies Act 1965,. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to such extent and subject to such conditions as he may specify.
- (6) The Secretary of State may by statutory instrument make regulations for the purpose of carrying out the provisions of this section; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.
- (7) A claim under this section may be made at any time not later than two years after the end of the year of assessment or accounting period to which, or to a part of which, it relates.
- (8) Subject to subsection (9) below, no claim shall be made under this section unless during the year or accounting period, or part thereof, to which the claim relates—
- (a) no land owned by the society was occupied, in whole or in part and whether solely or as joint occupier, by a person who was not, at the time of his occupation, a member of the society; and
- (b) the society making the claim satisfies the condition specified in paragraph (a) of subsection (4) above and has complied with the conditions prescribed under paragraph (b) of that subsection and for the time being in force;
and for the purposes of paragraph (a) above, occupation by any other person in accordance with the will, or the provisions applicable on the intestacy, of a deceased member, shall be treated during the first six months after the death as if it were occupation by a member.
- (9) A self-build society may make a claim under this section notwithstanding anything in subsection (8) above, if the society reasonably considers that the requirements of that subsection are substantially complied with.
- (9A) If as a result of an enquiry—
- (a) into a company tax return, in which a claim under this section by a self-build society is included, or
- (b) under paragraph 5 of Schedule 1A to that Act into a claim under this section by a self-build society or an amendment of such a claim,
an amendment is made to the society’s return or, as the case may be, to the claim, the society’s liability to tax for all relevant years or accounting periods may also be adjusted by the making of assessments or otherwise.
- (10) A claim under this section shall be in such form and contain such particulars as may be prescribed by the Board.
- (11) In this section—
- “*self-build society*” has the same meaning as in the Housing Associations Act 1985 or, in Northern Ireland, Part VII of the Housing (Northern Ireland) Order 1981; and
- “*rent*” includes any sums to which a self-build society is entitled in respect of the occupation of any of its land under a licence or otherwise.
- (12) In the application of this section to Northern Ireland—
- (a) any reference in subsections (4) and (5) above to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland;
- (b) the reference in subsection (4)(a) to the Industrial and Provident Societies Act 1965 shall be construed as a reference to the Industrial and Provident Societies Act (Northern Ireland) 1969; and
- (c) for subsection (6) there shall be substituted the following subsection—
> (6) the Department of the Environment for Northern Ireland may by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 make regulations for the purpose of carrying out the provisions of this section; and a statutory rule containing any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
#### Companies carrying on a mutual business or not carrying on a business
##### 490
- (1) Subject to subsection (2) below, where a company carries on any business of mutual trading or mutual insurance or other mutual business the provisions of the Tax Acts relating to distributions shall apply to distributions made by the company notwithstanding that they are made to persons participating in the mutual activities of that business and derive from those activities, but shall so apply only to the extent to which the distributions are made out of profits of the company which are brought into charge to corporation tax or out of franked investment income . . . . . . .
- (2) In the case of a company carrying on any mutual life assurance business, the provisions of the Tax Acts relating to distributions shall not apply to distributions made to persons participating in the mutual activities of that business and derived from those activities . . . .
- (3) Subject to subsections (1) and (2) above, the fact that a distribution made by a company carrying on any such business is derived from the mutual activities of that business and the recipient is a person participating in those activities shall not affect the character which the payment or other receipt has for purposes of corporation tax or income tax in the hands of the recipient.
- (4) Where a company does not carry on, and never has carried on, a trade or a business of holding investments, and is not established for purposes which include the carrying on of a trade or of such a business, the provisions of the Tax Acts relating to distributions shall apply to distributions made by the company only to the extent to which the distributions are made out of profits of the company which are brought into charge to corporation tax or out of franked investment income . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Distribution of assets of body corporate carrying on mutual business
##### 491
- (1) Where any company receives any money or money’s worth—
- (a) forming part of the assets of a body corporate, other than assets representing capital; or
- (b) forming part of the consideration for the transfer of the assets of a body corporate, other than assets representing capital, as part of a scheme of amalgamation or reconstruction which involves the winding up of the body corporate; or
- (c) consisting of the consideration for a transfer or surrender of a right to receive anything falling under paragraph (a) or (b) above, being a receipt not giving rise to any charge to tax on the recipient apart from this section,
and the body corporate has at any time carried on a trade which consists of or includes the conducting of any mutual business (whether confined to members of the body corporate or not), and is being or has been wound up or dissolved, the provisions of this section shall apply to the receipt.
- (2) If a transfer or surrender of a right under subsection (1)(c) above is not at arm’s length, the company making the transfer or surrender shall, for the purposes of this section, be deemed then to have received consideration equal to the value of the right.
- (3) If in respect of a payment of any amount made to the body corporate for the purposes of its mutual business any deduction has been allowed for the purposes of corporation tax in computing the profits or losses of a trade, then—
- (a) if at the time of the receipt the recipient company is the person, or one of the persons, carrying on that trade, the amount or value of the receipt shall be treated for the purposes of corporation tax as a trading receipt of that trade; and
- (b) if at the time of the receipt the recipient company is not the person, or one of the persons, carrying on that trade, but was the person, or one of the persons, carrying on that trade when any payment was made to the body corporate for the purposes of its mutual business in respect of which a deduction was allowed for the purposes of corporation tax in computing the profits or losses of the trade, the recipient company shall, subject to subsection (6) below, be charged to corporation tax under Case VI of Schedule D for the accounting period in which the receipt falls on an amount equal to the amount or value of the receipt.
- (4) Subsection (3)(a) above applies notwithstanding that, as a result of a change in the persons carrying on the trade, the profits are under section . . . 337(1) determined as if it had been permanently discontinued and a new trade set up and commenced.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) If the trade mentioned in subsection (3)(b) above was permanently discontinued before the time of the receipt, then in computing the charge to tax under subsection (3)(b) above there shall be deducted from the amount or value of the receipt—
- (a) any loss, expense or debit (not being a loss, expense or debit arising directly or indirectly from the discontinuance itself) which, if the trade had not been discontinued, would have been deducted in computing for tax purposes the profits or losses of the person by whom it was carried on before the discontinuance, or would have been deducted from or set off against those profits as so computed, and
- (b) any capital allowance to which the person who carried on the trade was entitled immediately before the discontinuance and to which effect has not been given by way of relief before discontinuance.
- (7) Relief shall not be given under subsection (6) above or under section 105(1) in respect of any loss, expense, debit or allowance if and so far as it has been so given by reference to another charge to tax under this section or under section 103.
- (8) For the purposes of subsection (1) above assets representing capital consist of—
- (a) assets representing any loan or other capital subscribed, including income derived from any investment of any part of that capital, but not including profits from the employment of that capital for the purposes of the mutual business of the body corporate;
- (b) assets representing any profits charged to tax as being profits of any part of the trade carried on by the body corporate which does not consist of the conducting of any mutual business;
- (c) (so far as not comprised in paragraphs (a) and (b) above) assets representing taxed income from any investments.
- (9) In this section “*mutual business*” includes any business of mutual insurance or mutual trading.
- (10) Subsections (3) to (7) above shall apply with any necessary modifications—
- (a) to a profession . . . ; and
- (b) to the occupation of woodlands the profits or gains of which are assessable under Schedule D;
as they apply to a trade.
- (11) It is hereby declared that the description of trades in subsection (1) above does not include any trade all the profits of which are chargeable to tax and, in particular, does not include such a trade carried on by any registered industrial and provident society.
### CHAPTER V
#### Treatment of oil extraction activities etc. for tax purposes
##### 492
those activities shall be treated for the purposes of the charge of corporation tax on income as a separate trade, distinct from all other activities carried on by him as part of the trade.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Relief in respect of a loss incurred by a person shall not be given under section 393A(1) against his ring fence profits except to the extent that the loss arises from oil extraction activities or from oil rights.
- (3A) No deduction under section 75 (expenses of management of investment business) shall be allowed from a company's ring fence profits.
- (4) In any case where—
- (a) in any accounting period a company incurs a loss in activities (“separate activities”) which, for that or any subsequent accounting period, are treated by virtue of subsection (1) above as a separate trade for the purposes specified in that subsection, and
- (b) in any subsequent accounting period any of its trading income is derived from activities (“related activities”) which are not part of the separate activities but which, apart from subsection (1) above, would together with those activities constitute a single trade,
then, notwithstanding anything in subsection (1) above, the amount of the loss may be set off, in accordance with section 393(1), against so much of its trading income in any subsequent accounting period as is derived from the related activities.
- (5) Subject to subsection (7) below, a capital allowance which is to be given to any person by discharge or repayment of tax shall not to any extent be given effect under section 258 of the Capital Allowances Act by deduction from or set off against his ring fence income.
- (6) Subject to subsection (7) below, a capital allowance which is to be given to any person by discharge or repayment of tax shall not to any extent be given effect under section 259 or 260 of the Capital Allowances Act by deduction from or set off against his ring fence profits.
- (7) Subsection (5) or (6) above shall not apply to a capital allowance which falls to be made to a company for any accounting period in respect of an asset used in the relevant accounting period by a company associated with it and so used in carrying on oil extraction activities. For the purposes of this subsection, the relevant accounting period is that in which the allowance in question first falls to be made to the company (whether or not it can to any extent be given effect in that period under section 259 of the Capital Allowances Act.
- (8) On a claim for group relief made by a claimant company in relation to a surrendering company, group relief shall not be allowed against the claimant company’s ring fence profits except to the extent that the claim relates to losses incurred by the surrendering company that arose from oil extraction activities or from oil rights.
#### Valuation of oil disposed of or appropriated in certain circumstances
##### 493
- (A1) Where the conditions in subsection (A2) below are met in the case of a disposal of oil by a person, section 2(5A) of the Oil Taxation Act 1975 (“*the 1975 Act*”) (transportation etc) is to apply in determining the amount which the person is to bring into account for the purposes of the charge to corporation tax on income in respect of the disposal as it applies (or would apply) for the purposes of petroleum revenue tax.
- (A2) The conditions are that—
- (a) the oil is oil won from an oil field in the United Kingdom,
- (b) the disposal is a disposal of the oil by the person crude in a sale at arm's length, as defined in paragraph 1 of Schedule 3 to the 1975 Act,
- (c) the circumstances are such that the price received or receivable—
- (i) falls to be taken into account under section 2(5)(a) of that Act in computing for the purposes of petroleum revenue tax the assessable profit or allowable loss accruing to the person in any chargeable period from the oil field, or
- (ii) would fall to be so taken into account, had the oil field been a taxable field, as defined in section 185 of the Finance Act 1993,
- (d) the terms of the contract are such as are described in the opening words of section 2(5A) of the 1975 Act,
- (e) apart from subsection (A1) above, the person is not entitled to a transportation allowance in respect of the oil (see subsection (A3)) in computing his ring fence profits,
- (f) the person does not claim a transportation allowance in respect of the oil in computing for the purposes of corporation tax any profits of his that are not ring fence profits.
- (A3) In subsection (A2) above “*transportation allowance*”, in relation to any oil, means any of the following—
- (a) a deduction in respect of the expense of transporting the oil as mentioned in the opening words of section 2(5A) of the 1975 Act,
- (b) a deduction in respect of any costs of or incidental to the transportation of the oil as there mentioned,
- (c) any such reduction in the price to be regarded as received or receivable for the oil as would result from the application of section 2(5A) of the 1975 Act, if that provision applied for the purposes of corporation tax.
- (1) Where a person disposes of any oil in circumstances such that the market value of that oil . . . falls to be taken into account under section 2 of the 1975 Act, otherwise than by virtue of paragraph 6 of Schedule 3 to that Act, in computing for the purposes of petroleum revenue tax the assessable profit or allowable loss accruing to him in any chargeable period from an oil field (or as would so fall but for section 10 of that Act), then—
- (a) for all purposes of income tax, and
- (b) for the purposes of the charge of corporation tax on income,
the disposal of the oil and its acquisition by the person to whom it was disposed of shall be treated as having been for a consideration equal to the market value of the oil as so taken into account under section 2 of that Act (or as would have been so taken into account under that section but for section 10 of that Act).
- (1A) Where an excess of nominated proceeds in a chargeable period (within the meaning given by section 61 of the Finance Act 1987) is taken into account in computing a person's profits under section 2(5)(e) of the 1975 Act (or would be taken into account if the person were chargeable to tax under that Act in respect of a field)—
- (a) for the purposes of subsection (1) the amount of the excess shall be added to the consideration which the person is deemed to have received in respect of oil disposed of by him in the period, and
- (b) for the purposes of corporation tax, that amount shall be available to the person as a deduction in computing the profits of any trade to which section 492(1) does not apply.
- (2) Where a person makes a relevant appropriation of any oil without disposing of it and does so in circumstances such that the market value of that oil . . . falls to be taken into account under section 2 of the 1975 Act in computing for the purposes of petroleum revenue tax the assessable profit or allowable loss accruing to him in any chargeable period from an oil field (or would so fall but for section 10 of that Act), then for all the purposes of income tax and for the purposes of the charge of corporation tax on income, he shall be treated—
- (a) as having, at the time of the appropriation—
- (i) sold the oil in the course of the separate trade consisting of activities falling within the definition of “oil-related activities” in section 16(2) of ITTOIA 2005 or within section 492(1)(a) or (b) above; and
- (ii) bought it in the course of the separate trade consisting of activities not so falling; and
- (b) as having so sold and bought it at a price equal to its market value as so taken into account under section 2 of the 1975 Act (or as would have been so taken into account under that section but for section 10 of that Act).
In this subsection “*relevant appropriation*” has the meaning given by section 12(1) of the 1975 Act.
- (3) Where—
- (a) a person disposes otherwise than in a sale at arm’s length (as defined in paragraph 1 of Schedule 3 to the 1975 Act) of oil acquired by him in the course of oil extraction activities carried on by him or by virtue of oil rights held by him, and
- (b) subsection (1) above does not apply in relation to the disposal,
then, for all purposes of income tax and for the purposes of the charge of corporation tax on income, the disposal of the oil and its acquisition by the person to whom it was disposed of shall be treated as having been for a consideration equal to the market value of the oil . . . .
- (4) If a person appropriates oil acquired by him in the course of oil extraction activities carried on by him or by virtue of oil rights held by him and the appropriation is to refining or to any use except for production purposes of an oil field, within the meaning of Part I of the 1975 Act, then, unless subsection (2) above applies, for all purposes of income tax and for the purposes of the charge of corporation tax on income—
- (a) he shall be treated as having, at the time of the appropriation, sold and bought the oil as mentioned in subsection (2)(a)(i) and (ii) above; and
- (b) that sale and purchase shall be deemed to have been at a price equal to the market value of the oil . . . .
- (5) For the purposes of subsections (3) and (4) above, paragraph 2 of Schedule 3 to the 1975 Act shall apply as it applies for the purposes of Part 1 of that Act, but with the following modifications—
- (a) sub-paragraph (4) shall be treated as omitted;
- (b) any reference in paragraphs 2 and 2A to oil being relevantly appropriated shall be construed as a reference to its being appropriated as mentioned in section 493(4) of the Taxes Act; and
- (c) any reference in paragraph 2 to the notional delivery day for the actual oil shall be construed as a reference to the day on which the oil is disposed of or appropriated as mentioned in subsection (3) or (4) above.
- (6) In subsections (3) and (4) above the references to the market value of any oil in the calendar month in which a disposal of the oil was made or, as the case may be, in which it was appropriated shall each have effect in relation to light gases (within the meaning of the 1975 Act) as a reference to the amount which, if paragraph 3A of Schedule 3 to the 1975 Act applied, would be the market value of that oil in relation to the disposal or appropriation in question.
#### Charges on income
##### 494
- (1) . . . Chapter II of Part IV of the Finance Act 1996 (loan relationships) shall have effect subject to the following provisions of this section.
- (2) Debits shall not be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in respect of any loan relationship of a company in any manner that results in a reduction of what would otherwise be the company’s ring fence profits except—
- (a) to the extent that the loan relationship is in respect of money borrowed by the company which has been—
- (i) used to meet expenditure incurred by the company in carrying on oil extraction activities or in acquiring oil rights otherwise than from a connected person; or
- (ii) appropriated to meeting expenditure to be so incurred by the company;
- (b) in the case of debits falling to be brought into account by virtue of subsection (4) of section 84 of that Act in respect of a loan relationship that has not been entered into, to the extent that the relationship would have been one entered into for the purpose of borrowing money to be used or appropriated as mentioned in paragraph (a) above; and
- (c) in the case of debits in respect of a relationship to which section 100 of that Act applies, to the extent that—
- (i) the payment of interest under that relationship is expenditure incurred as mentioned in sub-paragraph (i) of paragraph (a) above; or
- (ii) the exchange loss arising from that relationship is in respect of a money debt on which the interest payable (if any) is, or would be, such expenditure;
as the case may be;. . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- In this subsection “*debtor relationship*” and “*creditor relationship*” have the same meanings as in Chapter II of Part IV of the Finance Act 1996, and references to a loan relationship, in relation to the borrowing of money, do not include references to any relationship to which section 100 of that Act applies.
- Section 839 shall apply for the purposes of this subsection.
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2ZA) Credits in respect of exchange gains from a company’s loan relationships shall not be brought into account for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 in respect of any loan relationship of a company in any manner that results in an increase of what would otherwise be the company’s ring fence profits, except to the extent that, if the credit had been a debit in respect of an exchange loss from the relationship, it would have been brought into account by virtue of any of paragraphs (a) to (c) of subsection (2) above.
- (2A) Where any debit or credit—
- (a) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in respect of any loan relationship of a company, but
- (b) in accordance with subsection (2) or (2ZA) above cannot be brought into account in a manner that results in any reduction or, as the case may be, increase of what would otherwise be the company’s ring fence profits,
then (notwithstanding anything in section 82(2) of that Act) that debit or credit shall be brought into account for those purposes as a non-trading debit or, as the case may be, non-trading credit.
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Regional development grants
##### 495
- (1) Subsection (2) below applies in any case where—
- (a) a person has incurred expenditure (by way of purchase, rent or otherwise) on the acquisition of an asset in a transaction to which paragraph 2 of Schedule 4 to the 1975 Act applies (transactions between connected persons and otherwise than at arm’s length), and
- (b) the expenditure incurred by the other person referred to in that paragraph in acquiring, bringing into existence or enhancing the value of the asset as mentioned in that paragraph has been or is to be met by a regional development grant and, in whole or in part, falls to be taken into account Part 2 . . . or 6 of the Capital Allowances Act (capital allowances relating to plant and machinery . . . or research and development).
- (2) Where this subsection applies, for the purposes of the charge of income tax or corporation tax on the income arising from those activities of the person referred to in paragraph (a) of subsection (1) above which are treated by virtue of section 16(1) of ITTOIA 2005 or section 492(1) above as a separate trade for those purposes, the expenditure referred to in that paragraph shall be treated as reduced by the amount of the regional development grant referred to in paragraph (b) of that subsection.
- (3) Subsections (4) to (6) below apply where—
- (a) expenditure incurred by any person in relation to an asset in any relevant period (“*the initial period*”) has been or is to be met by a regional development grant; and
- (b) notwithstanding the provisions of section 137 of the Finance Act 1982 and subsections (1) and (2) above, in determining that person’s liability to income tax or corporation tax for the initial period the whole or some part of that expenditure falls to be taken into account Part 2 . . . or 6 of the Capital Allowances Act; and
- (c) in a relevant period subsequent to the initial period either expenditure on the asset becomes allowable under section 3 or 4 of the 1975 Act or the proportion of any such expenditure which is allowable is different as compared with the initial period;
and in subsections (4) to (6) below the subsequent relevant period referred to in paragraph (c) above is referred to as “*the adjustment period*”.
- (4) Where this subsection applies—
- (a) there shall be redetermined for the purposes of subsections (5) and (6) below the amount of the expenditure referred to in subsection (3)(a) above which would have been taken into account as mentioned in subsection (3)(b) if the circumstances referred to in subsection (3)(c) had existed in the initial period; and
- (b) according to whether the amount as so redetermined is greater or less than the amount actually taken into account as mentioned in subsection (3)(b), the difference is in subsections (5) and (6) below referred to as the increase or the reduction in the allowance.
- (5) If there is an increase in the allowance, then, for the purposes of the provisions referred to in subsection (3)(b) above, an amount of capital expenditure equal to the increase shall be deemed to have been incurred by the person concerned in the adjustment period on an extension of or addition to the asset referred to in subsection (3)(a) above.
- (6) If there is a reduction in the allowance, then, for the purpose of determining the liability to income tax or corporation tax of the person concerned, he shall be treated as having received in the adjustment period, as income of the trade in connection with which the expenditure referred to in subsection (3)(a) above was incurred, a sum equal to the amount of the reduction in the allowance.
- (7) In this section—
- “*regional development grant*” means a grant falling within section 534(1) of the Capital Allowances Act; and
- “*relevant period*” means an accounting period of a company or a year of assessment.
#### Tariff receipts
##### 496
- (1) Any sum which—
- (a) constitutes a tariff receipt or tax-exempt tariffing receipt of a person who is a participator in an oil field, and
- (b) constitutes consideration in the nature of income rather than capital, and
- (c) would not, apart from this subsection, be treated for the purposes of this Chapter as a receipt of the separate trade referred to in section 16(1) of ITTOIA 2005 or section 492(1) above,
shall be so treated for those purposes.
- (2) To the extent that they would not otherwise be so treated, the activities of a participator in an oil field or a person connected with him in making available an asset in a way which gives rise to tariff receipts or tax-exempt tariffing receipts of the participator shall be treated for the purposes of this Chapter as oil extraction activities.
- (3) In determining for the purposes of subsection (1) above whether any sum constitutes a tariff receipt or tax-exempt tariffing receipt of a person who is a participator, no account shall be taken of any sum which—
- (a) is in fact received or receivable by a person connected with the participator, and
- (b) constitutes a tariff receipt or tax-exempt tariffing receipt of the participator,
but in relation to the person by whom such a sum is actually received, subsection (1) above shall have effect as if he were a participator and as if the condition in paragraph (a) of that subsection were fulfilled.
- (4) References in this section to a person connected with a participator include references to a person with whom the person is associated within the meaning of paragraph 11 of Schedule 2 to the Oil Taxation Act 1983.
#### Restriction on setting ACT against income from oil extraction activities etc
##### 497
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Limited right to carry back surrendered ACT
##### 498
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Surrender of ACT where oil extraction company etc. owned by a consortium
##### 499
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deduction of PRT in computing income for corporation tax purposes
##### 500
- (1) Where a participator in an oil field has paid any petroleum revenue tax with which he was chargeable for a chargeable period, then, in computing for corporation tax the amount of his income arising in the relevant accounting period from oil extraction activities or oil rights, there shall be deducted an amount equal to that petroleum revenue tax.
- (2) There shall be made all such adjustments of assessments to corporation tax as are required in order to give effect to subsection (1) above.
- (3) For the purposes of subsection (1) above, the relevant accounting period, in relation to any petroleum revenue tax paid by a company, is—
- (a) the accounting period of the company in or at the end of which the chargeable period for which that tax was charged ends; or
- (b) if that chargeable period ends after the accounting period of the company in or at the end of which the trade giving rise to the income referred to above is permanently discontinued, that accounting period.
- (4) Subject to the following provisions of this section if some or all of the petroleum revenue tax in respect of which a deduction has been made under subsection (1) above is subsequently repaid, that deduction shall be reduced or extinguished accordingly; and any additional assessment to corporation tax required in order to give effect to this subsection may be made at any time not later than six years after the end of the calendar year in which the first-mentioned tax was repaid.
- (5) If, in a case where paragraph 17 of Schedule 2 to the 1975 Act applies, an amount of petroleum revenue tax in respect of which a deduction has been made under subsection (1) above is repaid by virtue of an assessment under that Schedule or an amendment of such an assessment, then, so far as concerns so much of that repayment as constitutes the appropriate repayment,—
- (a) subsection (4) above shall not apply; and
- (b) the following provisions of this section shall apply in relation to the company which is entitled to the repayment.
- (6) In subsection (5) above and the following provisions of this section—
- (a) “*the appropriate repayment*” has the meaning assigned by sub-paragraph (2) of paragraph 17 of Schedule 2 to the 1975 Act;
- (b) in relation to the appropriate repayment, a “*carried back loss*” means an allowable loss which falls within sub-paragraph (1)(a) of that paragraph and which (alone or together with one or more other carried back losses) gives rise to the appropriate repayment;
- (c) in relation to a carried back loss, “*the operative chargeable period*” means the chargeable period in which the loss accrued; and
- (d) in relation to the company which is entitled to the appropriate repayment, “*the relevant accounting period*” means the accounting period in or at the end of which ends the operative chargeable period or, if the company’s ring fence trade is permanently discontinued before the end of the operative chargeable period, the last accounting period of that trade.
- (7) In computing for corporation tax the amount of the company’s income arising in the relevant accounting period from oil extraction activities or oil rights there shall be added an amount equal to the appropriate repayment; but this subsection has effect subject to subsection (8) below in any case where—
- (a) two or more carried back losses give rise to the appropriate repayment; and
- (b) the operative chargeable period in relation to each of the carried back losses is not the same; and
- (c) if subsection (6)(d) above were applied separately in relation to each of the carried back losses there would be more than one relevant accounting period.
- (8) Where paragraphs (a) to (c) of subsection (7) above apply, the appropriate repayment shall be treated as apportioned between each of the relevant accounting periods referred to in paragraph (c) of that subsection in such manner as to secure that the amount added by virtue of that subsection in relation to each of those relevant accounting periods is what it would have been if—
- (a) relief for each of the carried back losses for which there is a different operative chargeable period had been given by a separate assessment or amendment of an assessment under Schedule 2 to the 1975 Act; and
- (b) relief for a carried back loss accruing in an earlier chargeable period had been so given before relief for a carried back loss accruing in a later chargeable period.
- (9) Any additional assessment to corporation tax required in order to give effect to the addition of an amount by virtue of subsection (7) above may be made at any time not later than six years after the end of the calendar year in which is made the repayment of petroleum revenue tax comprising the appropriate repayment.
- (10) In this section “*allowable loss*” and “*chargeable period*” have the same meaning as in Part I of the 1975 Act and “*calendar year*” means a period of twelve months beginning on 1st January.
#### Interest on repayment of PRT
##### 501
Where any amount of petroleum revenue tax paid by a participator in an oil field is, under any provision of Part I of the 1975 Act, repaid to him with interest, the amount of the interest paid to him shall be disregarded in computing the amount of his income for the purposes of corporation tax.
#### Interpretation of Chapter V
##### 502
- (1) In this Chapter—
- “*the 1975 Act*” means the Oil Taxation Act 1975 ;
- “*oil*” means any substance won or capable of being won under the authority of a licence granted under either Part I of the Petroleum Act 1998 or the Petroleum (Production) Act (Northern Ireland) 1964, other than methane gas won in the course of operations for making and keeping mines safe;
- “*oil extraction activities*” means any activities of a person—in searching for oil in the United Kingdom or a designated area or causing such searching to be carried out for him; orin extracting or causing to be extracted for him oil at any place in the United Kingdom or a designated area under rights authorising the extraction and held by him or, if the person in question is a company, by the company or a company associated with it; orin transporting or causing to be transported for him . . . oil extracted at any such place not on dry land under rights authorising the extraction and so held where the transportation is—to the place where the oil is first landed in the United Kingdom, orto the place in the United Kingdom or, in the case of oil first landed in another country, the place in that or any other country (other than the United Kingdom) at which the seller in a sale at arm’s length could reasonably be expected to deliver it or, if there is more than one such place, the one nearest to the place of extraction; orin effecting or causing to be effected for him the initial treatment or initial storage of oil won from any oil field under rights authorising its extraction and so held;
- “*oil field*” has the same meaning as in Part I of the 1975 Act;
- “*oil rights*” means rights to oil to be extracted at any place in the United Kingdom or a designated area, or to interests in or to the benefit of such oil;
- “*participator*” has the same meaning as in Part I of the 1975 Act; and
- “*ring fence income*” means income arising from oil extraction activities or oil rights; and
- “*ring fence profits*” has the meaning given by subsection (1A) below or, in any case where that subsection does not apply, means ring fence income; and
- “*ring fence trade*” means activities which—fall within the definition of “oil-related activities” in section 16(2) of ITTOIA 2005 or within section 492(1) above; andconstitute a separate trade (whether by virtue of section 16(1) of ITTOIA 2005 or section 492(1) above or otherwise).
- (1A) Where in accordance with section 197(3) of the 1992 Act a person has an aggregate gain for any chargeable period, that gain and his ring fence income (if any) for that period together constitute his ring fence profits for the purposes of this Chapter.
- (2) For the purposes of subsection (1) above—
- (a) “*designated area*” means an area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964;
- (b) “*initial treatment*” has the same meaning as in Part I of the 1975 Act; and
- (c) the definition of “*initial storage*” in section 12(1) of the 1975 Act shall apply but, in its application for those purposes in relation to the person mentioned in subsection (1)(d) above and to oil won from any one oil field shall have effect as if the reference to the maximum daily production rate of oil for the field as there mentioned were a reference to that person’s share of that maximum daily production rate, that is to say, a share thereof proportionate to his share of the oil won from that field.
- (3) For the purposes of this Chapter two companies are associated with one another if—
- (a) one is a 51 per cent. subsidiary of the other;
- (b) each is a 51 per cent. subsidiary of a third company; or
- (c) one is owned by a consortium of which the other is a member.
- (3A) Section 413(6) applies for the purposes of subsection (3)(c) above but as if section 413 were modified as follows—
- (a) as if the definition of “company" in subsection (2) were omitted;
- (b) as if at the beginning of subsection (5) there were inserted “References in this Chapter to a company apply only to bodies corporate resident in the United Kingdom; and"; and
- (c) as if in that subsection, after the word “*receipt*”, in the second place where it occurs, there were inserted “; or
- (c) of any share capital which it owns directly or indirectly in a body corporate not resident in the United Kingdom.”
- (4) Without prejudice to subsection (3) above, for the purposes of this Chapter, two companies are also associated with one another if one has control of the other or both are under the control of the same person or persons; and in this subsection “control” shall be construed in accordance with section 416.
### CHAPTER VI — MISCELLANEOUS BUSINESSES AND BODIES
#### Letting of furnished holiday accommodation treated as a trade
##### 503
- (1) For the purposes of Chapter 2 of Part 10 (loss relief for corporation tax)—
- (a) a Schedule A business which consists in, or so far as it consists in, the commercial letting of furnished holiday accommodation . . . shall be treated as if it were a trade the profits of which are chargeable to corporation tax under Case I of Schedule D, and
- (b) all such lettings made by a particular company or partnership shall be treated as one trade.
The “*commercial letting of furnished holiday accommodation*” is defined below in section 504.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where there is a letting of accommodation only part of which is holiday accommodation, such apportionments shall be made for the purposes of this section as are just and reasonable.
- (5) Relief shall not be given for the same loss, or the same portion of a loss, both under a provision of Chapter 2 of Part 10 as applied by this section and under any other provision of the Corporation Tax Acts.
#### Supplementary provisions
##### 504
- (1) This section has effect for the purposes of section 503.
- (2) A letting—
- (a) is a commercial letting if it is let on a commercial basis and with a view to the realisation of profits; and
- (b) is of furnished accommodation if the tenant is entitled to the use of furniture.
- (3) Accommodation shall not be treated as holiday accommodation for the purposes of this section unless—
- (a) it is available for commercial letting to the public generally as holiday accommodation for periods which amount, in the aggregate, to not less than 140 days;
- (b) the periods for which it is so let amount in the aggregate to at least 70 days; and
- (c) for a period comprising at least seven months (which need not be continuous but includes any months in which it is let as mentioned in paragraph (b) above) it is not normally in the same occupation for a continuous period exceeding 31 days.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Any question whether accommodation let by a company is at any time in an accounting period holiday accommodation shall be determined—
- (a) if the accommodation was not let by it as furnished accommodation in the period of 12 months immediately preceding the accounting period but is so let in the period of 12 months immediately following the accounting period, by reference to the 12 months beginning with the date in the accounting period on which it first so let it;
- (b) if the accommodation was let by it as furnished accommodation in the period of 12 months immediately preceding the accounting period but is not so let by it in the period of 12 months immediately following the accounting period, by reference to the 12 months ending with the date in the accounting period on which it ceased so to let it;
- (c) in any other case, by reference to the period of 12 months ending with the last day of the accounting period.
- (6) Where, in any . . . accounting period, a company lets furnished accommodation which is treated as holiday accommodation for the purposes of this section in that . . . period (“*the qualifying accommodation*”), the company may make a claim under this subsection, within the time specified in subsection (6A) below, for averaging treatment to apply for that . . . period to that and any other accommodation specified in the claim which was let by the company as furnished accommodation during that . . . period and would fall to be treated as holiday accommodation in that . . . period if subsection (3)(b) above were satisfied in relation to it.
- (6A) The time mentioned in subsection (6) above is the period of two years beginning at the end of the accounting period in which the accommodation was let.
- (7) Where a claim is made under subsection (6) above in respect of any . . . accounting period, any such other accommodation shall be treated as being holiday accommodation in that . . . period if the number of days for which the qualifying accommodation and any other such accommodation was let by the claimant as mentioned in subsection (3)(a) above during the . . . period amounts on average to at least 70.
- (8) Qualifying accommodation may not be specified in more than one claim in respect of any one . . . accounting period.
- (9) For the purposes of this section a company lets accommodation if it permits another person to occupy it, whether or not in pursuance of a lease; and “*letting*” and “*tenant*” shall be construed accordingly.
#### Charities: general
##### 505
- (1) Subject to subsections (2) and (3) below, the following exemptions shall be granted on a claim in that behalf to the Board—
- (a) exemption from tax under Schedules A and D . . . in respect of any profits or gains arising in respect of rents or other receipts from an estate, interest or right in or over any land (whether situated in the United Kingdom or elsewhere) to the extent that the profits or gains—
- (i) arise in respect of rents or receipts from an estate, interest or right vested in any person for charitable purposes; and
- (ii) are applied to charitable purposes only;
- (aa) exemption from tax under Schedules A and D, or under Parts 2 and 3 of ITTOIA 2005, in respect of distributions to which section 121 of the Finance Act 2006 (Real Estate Investment Trusts: distributions) applies to the extent that the distributions—
- (i) arise in respect of shares vested in a person for charitable purposes; and
- (ii) are applied to charitable purposes only;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) exemption—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) from tax under Case III of Schedule D . . . ,
- (iia) from tax under Case . . . V of Schedule D in respect of income equivalent to income chargeable under Case III of that Schedule but arising from securities or other possessions outside the United Kingdom,
- (iiaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iib) from tax under Case V of Schedule D in respect of such dividends as would, in the case of income tax, be chargeable to tax under Chapter 4 of Part 4 of ITTOIA 2005 or such distributions (other than dividends) as would, in the case of income tax, be chargeable to tax under Chapter 8 of Part 5 of that Act so far as it would apply to what would be a relevant foreign distribution,
- (iic) from tax under Case VI of Schedule D in respect of non-trading gains on intangible fixed assets under Schedule 29 to the Finance Act 2002, and
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where the income in question forms part of the income of a charitable company, or is, according to rules or regulations established by Act of Parliament, charter, decree, deed of trust or will, applicable to charitable purposes only, and so far as it is applied to charitable purposes only;
- (d) exemption from tax under Schedule D . . . in respect of public revenue dividends on securities which are in the name of trustees, to the extent that the dividends are applicable and applied only for the repair of—
- (i) any cathedral, college, church or chapel, or
- (ii) any building used only for the purposes of divine worship;
- (e) exemption from tax under Schedule D . . . in respect of the profits of any trade carried on by a charitable company(whether in the United Kingdom or elsewhere), if the profits are applied solely to the purposes of the charitable company and either—
- (i) the trade is exercised in the course of the actual carrying out of a primary purpose of the charitable company; or
- (ii) the work in connection with the trade is mainly carried out by beneficiaries of the charitable company;
- (f) exemption from tax under Schedule D . . . in respect of profits accruing to a charitable company from a lottery if the profits are applied solely to the charitable company's purposes and—
- (i) the lottery is an exempt lottery within the meaning of the Gambling Act 2005 by virtue of Part 1 or 4 of Schedule 11 to that Act;
- (ii) the lottery is promoted in accordance with a lottery operating licence within the meaning of Part 5 of that Act; or
- (iii) the lottery is promoted and conducted in accordance with Article 133 or 135 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.
- (1AA) In subsection (1)(c)(iib)“*relevant foreign distribution*” means any distribution of a company not resident in the United Kingdom which—
- (a) is not chargeable under Chapter 4 of Part 4 of ITTOIA 2005, but
- (b) would be chargeable under Chapter 3 of that Part of that Act if the company were resident in the United Kingdom.
- (1A) In subsection (1)(d) above “*public revenue dividends*” means—
- (a) income from securities which is payable out of the public revenue of the United Kingdom or Northern Ireland;
- (b) income from securities issued by or on behalf of a government or a public or local authority in a country outside the United Kingdom.
- (1B) For the purpose of subsection (1)(e)—
- (a) where a trade is exercised partly in the course of the actual carrying out of a primary purpose of the charitable company and partly otherwise, each part shall be treated as a separate trade (for which purpose reasonable apportionment of expenses and receipts shall be made), and
- (b) where the work in connection with the trade is carried out partly but not mainly by beneficiaries, the part in connection with which work is carried on by beneficiaries and the other part shall be treated as separate trades (for which purpose reasonable apportionment of expenses and receipts shall be made).
- (2) Any payment which—
- (a) is received by a charitable company from another charity; and
- (b) is not made for full consideration in money or money’s worth; and
- (c) is not chargeable to corporation tax apart from this subsection; and
- (d) is not, apart from this subsection, of a description which (on a claim) would be eligible for relief from tax by virtue of any provision of subsection (1) above;
shall be . . . chargeable to corporation tax under Case III of Schedule D but shall be eligible for relief from tax under subsection (1)(c) above as if it were an annual payment.
- (3) In subsections (4) to (7)—
- (a) “*charitable expenditure*” has the meaning given by section 506,
- (b) “*relief*” means relief or exemption under—
- (i) subsection (1) above,
- (ii) section 56(3)(c) above,
- (iii) section 761(6) below,
- (iv) section 256 of the 1992 Act (charities), or
- (v) section 46 of the Finance Act 2000 (small trades),
- (c) “*relievable income and gains*” means income and gains which would be eligible for relief or exemption under any of those provisions (disregarding subsections (4) to (6)), and
- (d) “*total income and gains*” means the aggregate of—
- (i) relievable income and gains,
- (ii) income and gains, other than relievable income and gains, chargeable to tax, and
- (iii) donations, legacies and other similar receipts that are not chargeable to tax.
- (4) If a charitable company incurs (or is treated as incurring) non-charitable expenditure in an accounting period, relief shall be disallowed in respect of such amount of relievable income and gains as equals the amount of the non-charitable expenditure.
- (5) If in an accounting period a charitable company's non-charitable expenditure exceeds its total income and gains the excess shall be treated as non-charitable expenditure of the previous period for the purposes of subsection (4); and any necessary adjustments shall be made, whether by making assessments or otherwise.
- (6) Subsection (5) may apply to an accounting period wholly or partly as a result of the application of that subsection in respect of a later period; but no excess of non-charitable expenditure shall be treated as non-charitable expenditure of an accounting period which ended more than six years before the end of the period in which the expenditure was actually incurred.
- (7) Where an amount of a charitable company's relievable income and gains is disallowed for relief by subsection (4) (whether or not as a result of the application of subsection (5))—
- (a) the charitable company may by notice to the Board specify which items of income or gains are to be disallowed, but
- (b) if the Board requires the charitable company to give a notice under paragraph (a) and the charitable company fails to comply within the period of 30 days beginning with the date on which the requirement is imposed, the Board shall determine which items to disallow.
#### Qualifying expenditure and non-qualifying expenditure
##### 506
- (1) In this section, section 505 and Schedule 20—
- “*charity*” means any body of persons or trust established for charitable purposes only;
- “*charitable company*” means any body of persons established for charitable purposes only;
- “*charitable expenditure*” means (subject to subsections (3) to (5) below) expenditure which is exclusively for charitable purposes.
- (2) For the purposes of section 505 . . . , where expenditure which is not actually incurred in a particular accounting period properly falls to be charged against the income of that accounting period as being referable to commitments (whether or not of a contractual nature) which the charitable company has entered into before or during that period, it shall be treated as incurred in that period.
- (3) A payment made (or to be made) to a body situated outside the United Kingdom shall not be charitable expenditure by virtue of this section unless the charitable company concerned has taken such steps as may be reasonable in the circumstances to ensure that the payment will be applied for charitable purposes.
- (4) If in any accounting period a charitable company—
- (a) invests any of its funds in an investment which is not a qualifying investment, as defined in Part I of Schedule 20; or
- (b) makes a loan (not being an investment) which is not a qualifying loan, as defined in Part II of that Schedule;
then, subject to subsection (5) below, the amount so invested or lent in that period shall be treated for the purposes of this section as being an amount of expenditure incurred by the charitable company, and, accordingly, as being non-charitable expenditure.
- (5) If, in any accounting period, a charitable company which has in that period made an investment or loan falling within subsection (4) above—
- (a) realises the whole or part of that investment; or
- (b) is repaid the whole or part of that loan;
any further investment or lending in that period of the sum realised or repaid shall, to the extent that it does not exceed the sum originally invested or lent, be left out of account in determining the amount which, by virtue of subsection (4) above, is treated as non-charitable expenditure incurred in that period.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The National Heritage Memorial Fund, the Historic Buildings and Monuments Commission for England and the British Museum
##### 507
- (1) There shall on a claim in that behalf to the Board be allowed in the case of—
- (a) the Trustees of the National Heritage Memorial Fund;
- (b) the Historic Buildings and Monuments Commission for England;
- (c) the Trustees of the British Museum;
- (d) the Trustees of the Natural History Museum;
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) the National Endowment for Science, Technology and the Arts;
such exemption from tax as falls to be allowed under section 505 in the case of a charitable company the whole income of which is applied to charitable purposes.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scientific research organisations
##### 508
- (1) Where—
- (a) an Association has as its object the undertaking of research and development which may lead to or facilitate an extension of any class or classes of trade; and
- (b) the memorandum of association or other similar instrument regulating the functions of the Association precludes the direct or indirect payment or transfer to any of its members of any of its income or property by way of dividend, gift, division, bonus or otherwise howsoever by way of profit;
there shall, on a claim in that behalf to the Board in relation to any accounting period, be allowed in the case of the Association for that accounting period such exemption from tax as falls to be allowed under section 505 in the case of a charitable company the whole income of which is applied to charitable purposes.
- (1A) The Treasury may by regulations prescribe circumstances in which the conditions in subsection (1) above shall be deemed not to be complied with.
- (1B) The Treasury may by regulations make provision specifying for the purposes of paragraph (a) of that subsection—
- (a) what shall be deemed to be, or not to be, an Association,
- (b) circumstances in which an Association shall be deemed to have, or not to have, the undertaking of research and development as its object,
- (c) circumstances in which the undertaking of research and development shall be deemed to be, or not to be, capable of leading to or facilitating an extension of a class of trade, or
- (d) what shall be deemed to be, or not to be, a class of trade.
- (2) The condition specified in paragraph (b) of subsection (1) above shall not be deemed not to be complied with in the case of any Association by reason only that the memorandum or other similar instrument regulating its functions does not prevent the payment to its members of reasonable remuneration for goods, labour or power supplied, or for services rendered, of reasonable interest for money lent, or of reasonable rent for any premises.
- (3) Section 837A (meaning of “research and development”) applies for the purposes of subsection (1)(a) above.
- (4) Regulations under subsection (3) of that section (power to prescribe activities which are, or are not, research and development) may make provision for the purposes of that section as it applies by virtue of subsection (3) of this section which is additional to, or different from, the provision made otherwise for the purposes of that section.
#### Reserves of marketing boards and certain other statutory bodies
##### 509
- (1) Where a body established by or under any enactment and having as its object, or one of its objects, the marketing of an agricultural product or the stabilising of the price of an agricultural product is required, by or under any scheme or arrangements approved by or made with a Minister of the Crown or government department, to pay the whole or part of any surplus derived from its trading operations or other trade receipts into a reserve fund satisfying the conditions specified in subsection (2) below, then, in computing for the purposes of tax the profits or losses of the body’s trade—
- (a) there shall be allowed as deductions any sums so required to be paid by the body into the reserve fund out of the profits of the trade, and
- (b) there shall be taken into account as trading receipts any sums withdrawn by the body from the fund, except so far as they are so required to be paid to a Minister or government department, or are distributed to producers of the product in question or refunded to persons paying any levy or duty.
- (2) The conditions to be satisfied by the reserve fund are as follows—
- (a) that no sum may be withdrawn from the fund without the authority or consent of a Minister of the Crown or government department; and
- (b) that where money has been paid to the body by a Minister of the Crown or government department in connection with arrangements for maintaining guaranteed prices, or in connection with the body’s trading operations, and is repayable to that Minister or department, sums afterwards standing to the credit of the fund are required as mentioned in subsection (1) above to be applied in whole or in part in repaying the money; and
- (c) that the fund is reviewed by a Minister of the Crown at intervals fixed by or under the scheme or arrangements in question, and any amount by which it appears to the Minister to exceed the reasonable requirements of the body is withdrawn therefrom.
- (3) In this section references to a Minister of the Crown or government department include references to a Head of a Department or a Department in Northern Ireland, and references to producers of a product include references to producers of one type or quality of a product from another.
#### Agricultural societies
##### 510
- (1) Profits or gains arising to an agricultural society from any exhibition or show held for the purposes of the society shall be exempt from tax if applied solely to the purposes of the society.
- (2) In this section “*agricultural society*” means any society or institution established for the purpose of promoting the interests of agriculture, horticulture, livestock breeding or forestry.
#### The Electricity Council and Boards, the Northern Ireland Electricity Service and the Gas Council
##### 511
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The Corporation Tax Acts shall apply in relation to the trade of the Gas Council as if before the beginning of April 1962 it had consisted of the trades of the Area Boards (within the meaning of the Gas Act 1948), and (without prejudice to the generality of the foregoing) allowances and balancing charges shall be made to or on the Gas Council accordingly by reference to the capital expenditure of Area Boards and to the allowances made to Area Boards in respect of that expenditure.
#### Atomic Energy Authority and National Radiological Protection Board
##### 512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### British Airways Board and National Freight Corporation
##### 513
- (1) Subject to subsection (2) below, the successor company in which the property, rights, liabilities and obligations of the British Airways Board are vested by the Civil Aviation Act 1980 shall be treated for all purposes of corporation tax as if it were the same person as the British Airways Board; and the successor company to which the undertaking of the National Freight Corporation is transferred by the Transport Act 1980 shall be treated for those purposes as if it were the same person as the National Freight Corporation.
- (2) The transfer by the Civil Aviation Act 1980 from the British Airways Board to the successor company of liability for any loan made to the Board shall not affect any direction in respect of the loan which has been given by the Treasury under section 581.
- (3) A successor company shall not by virtue of subsection (1) above be regarded as a body falling within section 170(12) of the 1992 Act.
#### Funds for reducing the National Debt
##### 514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Signatories to Operating Agreement for INMARSAT
##### 515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Government securities held by non-resident central banks
##### 516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Issue departments of the Reserve Bank of India and the State Bank of Pakistan
##### 517
There shall be exempt from corporation tax any profits or income arising or accruing to the issue department of the Reserve Bank of India constituted under an Act of the Indian legislature called the Reserve Bank of India Act 1934, or to the issue department of the State Bank of Pakistan constituted under certain orders made under section 9 of the Indian Independence Act 1947.
#### Harbour reorganisation schemes
##### 518
- (1) This section has effect where the trade of any body corporate other than a limited liability company is transferred to a harbour authority by or under a certified harbour reorganisation scheme which provides also for the dissolution of the transferor.
- (2) For the purposes of the Corporation Tax Acts, the trade shall not be treated as permanently discontinued, nor shall a new trade be treated as set up and commenced.
- (3) The transferee shall be entitled to relief from corporation tax under section 393(1), as for a loss sustained by it in carrying on the transferred trade or any trade of which it comes to form part, for any amount which, if the transferor had continued to carry it on, would have been available to the transferor for carry-forward against chargeable profits of succeeding accounting periods, but subject to any claim made by the transferor under section 393A(1).
- (4) There shall be made to or on the transferee in accordance with the Capital Allowances Act (including enactments which under this Act are to be treated as contained in that Act) all such allowances and charges as would, if the transferor had continued to carry on the trade, have fallen to be made to or on it under those Acts and the amount of any such allowance or charge shall be computed as if the transferee had been carrying on the trade since the transferor had begun to do so and as if everything done to or by the transferor had been done to or by the transferee.
- (5) No sale or transfer which on the transfer of the trade is made by the transferor to the transferee of any assets in use for the purposes of the trade shall be treated as giving rise to any such allowance or charge as is mentioned in subsection (4) above.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) The transferee shall be entitled to relief from corporation tax in respect of chargeable gains for any amount for which the transferor would have been entitled to claim relief in respect of allowable losses if it had continued to carry on the trade.
- (8) Where part only of such trade is transferred to a harbour authority by or under a certified harbour organisation scheme, and the transferor continues to carry on the remainder of the trade, or any such trade is, by or under a certified harbour reorganisation scheme which provides also for the dissolution of the transferor, transferred in parts to two or more harbour authorities, this section shall apply as if the transferred part, or each of the transferred parts, had at all times been a separate trade.
- (9) Where a part of any trade is to be treated by virtue of subsection (8) above as having been a separate trade over any period there shall be made any necessary adjustments of accounting periods, and such apportionments as may be just of receipts, expenses, allowances or charges.
- (10) In this section—
- “*harbour authority*” has the same meaning as in the Harbours Act 1964;
- “*harbour reorganisation scheme*” means any statutory provision providing for the management by a harbour authority of any harbour or group of harbours in the United Kingdom, and “*certified*”, in relation to any harbour reorganisation scheme, means certified by a Minister of the Crown or government department as so providing with a view to securing, in the public interest, the efficient and economical development of the harbour or harbours in question;
- “*limited liability company*” means a company having a limit on the liability of its members;
- “*statutory provision*” means any enactment, or any scheme, order or other instrument having effect under an enactment, and includes an enactment confirming a provisional order; and
- “*transferor*”, in relation to a trade, means the body from whom the trade is transferred, whether or not the transfer is effected by that body.
#### Local authorities
##### 519
- (1) A local authority in the United Kingdom shall be exempt from corporation tax.
- (2) Subsection (1) above shall apply to a local authority association as it applies to a local authority.
- (3) In this Act “*local authority association*” means any incorporated or unincorporated association—
- (a) of which all the constituent members are local authorities, groups of local authorities or local authority associations, and
- (b) which has for its object or primary object the protection and furtherance of the interests in general of local authorities or any description of local authorities;
and for this purpose, if a member of an association is a representative of or appointed by any authority, group of authorities or association, that authority, group or association (and not he) shall be treated as a constituent member of the association.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XIII — MISCELLANEOUS SPECIAL PROVISIONS
### CHAPTER I — INTELLECTUAL PROPERTY
### Patents and know-how
#### Allowances for expenditure on purchase of patent rights: post-31st March 1986 expenditure
##### 520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 520
##### 521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowances for expenditure on purchase of patent rights: pre-1st April 1986 expenditure
##### 522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lapses of patent rights, sales etc
##### 523
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of receipts from sale of patent rights
##### 524
- (1) Subject to subsection (2) below, where a company resident in the United Kingdom sells all or any part of any patent rights and the net proceeds of the sale consist wholly or partly of a capital sum, the company shall, subject to the provisions of this Chapter, be charged to corporation tax under Case VI of Schedule D, for the accounting period in which the sum is received by it and successive accounting periods, being charged in each period on the same fraction of the sum as the period is of six years (or such less fraction as has not already been charged).
- (2) If the company by notice served on an officer of the Board within the period specified in subsection (2A) below, elects that the whole of the sum shall be charged to corporation tax for the accounting period in which it was received, it shall be charged to corporation tax accordingly.
- (2A) The period mentioned in subsection (2) above is—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . the period of two years beginning at the end of the accounting period in which the sum was received.
- (3) Where a relevant non-resident company sells all or any part of any patent rights and the net proceeds of the sale consist wholly or partly of a capital sum, and the patent is a United Kingdom patent, then, subject to the provisions of this Chapter—
- (a) the company shall be chargeable to corporation tax in respect of that sum under Case VI of Schedule D; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In subsection (3) above “*relevant non-resident company*” means a company not resident in the United Kingdom which would be within the charge to corporation tax in respect of any proceeds of the sale of the patent rights not consisting of a capital sum.
- (6) Where subsection (3) applies to charge a company to corporation tax in respect of a sum paid to it, . . . the company may, by notice given to the Board not later than two years after the end of the accounting period in which the sum is paid, elect that the sum shall be treated as arising rateably in the accounting periods ending not later than six years from the beginning of that in which the sum is paid (being accounting periods during which the company remains within the charge to corporation tax in respect of any proceeds of the sale not consisting of a capital sum), and there shall be made all such repayments of tax and assessments to tax as are necessary to give effect to any such election.
- (7) Subject to subsections (8) and (9) below, where the company selling all or any part of any patent rights (“*the seller*”) acquired the rights sold, or the rights out of which they were granted, by purchase and the price paid by it consisted wholly or partly of a capital sum, the preceding provisions of this section shall apply as if any capital sum received by it when it sells the rights were reduced by the amount of that sum.
- (8) Where between the purchase and the sale the seller has sold part of the rights acquired by it and the net proceeds of that sale consist wholly or partly of a capital sum, the amount of the reduction falling to be made under subsection (7) above in respect of the subsequent sale shall be itself reduced by the amount of that sum.
- (9) If a company is chargeable to corporation tax under subsection (3) above, nothing in subsections (7) and (8) above shall affect the sum representing income tax which is to be deducted under section 910 of ITA 2007 (payments to non-UK residents) from payments of, or of instalments of, the proceeds of the sale.
- (9A) If any sum representing income tax is deducted under section 910 of ITA 2007, any adjustment necessary to give effect to the provisions of subsection (9) above shall be made by way of repayment of tax.
- (10) A claim for relief under this section shall be made to the Board.
#### Capital sums: death, winding up or partnership change
##### 525
- (1) Where a body corporate on which, by reason of the receipt of a capital sum, a charge falls or would otherwise fall to be made under section 524 commences to be wound up—
- (a) no sums shall be charged under that section on that body for any accounting period subsequent to that in which the winding up commences; and
- (b) the amount falling to be charged for the accounting period in which the winding up commences shall be increased by the total amounts which, but for the winding up, would have fallen to be charged for subsequent accounting periods.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where, under section 559 of the Capital Allowances Act (effect of successions) as applied by section 532, a charge under section 524 falls to be made on two or more persons jointly as being the persons for the time being carrying on a trade, and that trade is discontinued, subsection (1) above shall have effect in relation to the discontinuance as it has effect where a body corporate commences to be wound up.
- (4) Where subsection (3) above applies—
- (a) the additional sum which, under subsection (1) above, falls to be charged for the accounting period in which the discontinuance occurs shall be apportioned among the members of the partnership immediately before the discontinuance, according to their respective interests in the partnership profits before the discontinuance, and each partner . . . shall be charged separately for its proportion; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for expenses
##### 526
- (1) Where—
- (a) a company, otherwise than for the purposes of a trade carried on by it, pays any fees or incurs any expenses in connection with the grant or maintenance of a patent, or the obtaining of an extension of a term of a patent, or a rejected or abandoned application for a patent, and
- (b) those fees or expenses would, if they had been paid or incurred for the purposes of a trade, have been allowable as a deduction in estimating the profits of that trade,
there shall be made to the company for the purposes of corporation tax, for the accounting period in which those expenses were paid or incurred, an allowance equal to the amount thereof.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Spreading of royalties over several years
##### 527
- (1) Where—
- (a) a royalty or other sum is paid to a company in respect of the user of a patent,
- (b) the user extended over a period of six complete years or more, and
- (c) the payment is one from which a sum representing income tax must be deducted under section 903 of ITA 2007,
the company may on the making of a claim require that the corporation tax payable by it by reason of the receipt of that sum shall be reduced so as not to exceed the total amount of corporation tax which would have been payable by it if that royalty or sum had been paid in six equal instalments at yearly intervals, the last of which was paid on the date on which the payment was in fact made.
- (2) Subsection (1) above shall apply in relation to a royalty or other sum where the period of the user is two complete years or more but less than six complete years as it applies to the royalties and sums mentioned in that subsection, but with the substitution for the reference to six equal instalments of a reference to so many equal instalments as there are complete years comprised in that period.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Manner of making allowances and charges
##### 528
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where an allowance falls to be made to a company for any accounting period under section 526. . . , and is not to be made in taxing a trade—
- (a) the allowance shall, as far as may be, be given effect by deducting the amount of the allowance from the company’s income from patents of the accounting period;
- (b) where the allowance cannot be given full effect under paragraph (a) above in that period by reason of a want or deficiency of income from patents, then (so long as the company remains within the charge to corporation tax) the amount unallowed shall be carried forward to the succeeding accounting period, and shall be treated for the purposes of that paragraph, and of any further application of this paragraph, as the amount of a corresponding allowance for that period.
- (3A) In this section references to . . . a company’s income from patents are references to that income after any allowance has been deducted from or set off against it under section . . . 480 of the Capital Allowances Act.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Patent income to be earned income in certain cases
##### 529
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disposal of know-how
##### 530
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 530
##### 531
- (1) Subject to subsection (7) below, where, after 19th March 1968, a company disposes of know-how which has been used in a trade carried on by the company, and continues to carry on the trade after the disposal, the amount or value of any consideration received by the company for the disposal shall—
- (a) if it is received in respect of the disposal of know-how after 31st March 1986, so far as it is not brought into account as a disposal value under section 462 of the Capital Allowances Act, nor is chargeable to corporation tax as a revenue or income receipt;
- (b) in any other case, so far as it is not chargeable to corporation tax as a revenue or income receipt,
be treated for the purposes of corporation tax as a trading receipt.
- (2) Subject to subsection (3) below, where—
- (a) a person carrying on a trade receives consideration for the disposal of know-how which has been used in the trade, and
- (b) the know-how is disposed of as part of the disposal of all or part of the trade,
the consideration shall for the purposes of corporation tax be treated as a payment for goodwill in relation both to the person making the disposal and to the person acquiring the know-how (if that person provided the consideration).
- (3) Subsection (2) above shall not apply—
- (a) if, in the case of the person disposing of the know-how being within the charge to corporation tax, that person and the person acquiring the know-how (whether or not within the charge to corporation tax) elect for that subsection not to apply by notice given jointly to the inspector within two years of the disposal, or
- (b) to the person acquiring the know-how if the trade in question was, before the acquisition, carried on wholly outside the United Kingdom;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) If—
- (a) an election is made under section 194 of ITTOIA 2005 (provision corresponding to subsections (2) and (3) of this section for the purposes of income tax), and
- (b) the person making the acquisition mentioned in that section is within the charge to corporation tax,
the persons making the election under that section are treated as also making an election under subsection (3) of this section (even though the person disposing of the know-how is not within the charge to corporation tax).
- (4) Subject to subsections (5) and (7) below, any consideration received by a company for the disposal of know-how shall—
- (a) if it is received in respect of the disposal of know-how after 31st March 1986 and is not brought into account as a disposal value under section 462 of the Capital Allowances Act, or
- (b) if it is neither chargeable to corporation tax under subsection (1) above or otherwise as a revenue or income receipt, nor dealt with in relation to the company as a payment for goodwill as mentioned in subsection (2) above, (whether the disposal took place before or after 31st March 1986),
be treated as a profit or gain chargeable to corporation tax under Case VI of Schedule D.
- (5) Where the company concerned has incurred expenditure wholly and exclusively in the acquisition or disposal of the know-how, the amount which would apart from this subsection be treated as a profit or gain chargeable to corporation tax under Case VI of Schedule D shall be reduced by the amount of that expenditure; but a deduction shall not be twice made in respect of the same expenditure, whether under this subsection or otherwise.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Subsections (1) and (3) to (5) above . . . shall not apply on any sale of know-how where the buyer is a body of persons over whom the seller has control, or the seller is a body of persons over whom the buyer has control, or both the seller and the buyer are bodies of persons and some other person has control over both of them; and subsection (2) above shall apply in any such case with the omission of the words “Subject to subsection (3) below”.
- (8) Where in connection with any disposal of know-how a person gives an undertaking (whether absolute or qualified, and whether legally valid or not) the tenor or effect of which is to restrict his or another’s activities in any way, any consideration received in respect of the giving of the undertaking or its total or partial fulfilment shall be treated for the purposes of this section as consideration received for the disposal of the know-how.
#### Application of the 1968 Act
##### 532
The Corporation Tax Acts have effect as if sections 524 to 528 and 531, this section and section 533 were contained in the Capital Allowances Act.
#### Interpretation of sections 520 to 532
##### 533
- (1) In sections 524 to 528—
- “*income from patents*” means—any royalty or other sum paid in respect of the use of a patent; andany amount on which tax is payable for any accounting period by virtue of section 524 or 525 above or section 472(5) of, or paragraph 100 of Schedule 3 to, the Capital Allowances Act,but does not include any amount chargeable to income tax.
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*patent rights*” means the right to do or authorise the doing of anything which would, but for that right, be an infringement of a patent;
- “*United Kingdom patent*” means a patent granted under the laws of the United Kingdom.
- (2) Subject to subsection (3) below, in sections 524 to 528 any reference to the sale of part of patent rights includes a reference to the grant of a licence in respect of the patent in question, and any reference to the purchase of patent rights includes a reference to the acquisition of a licence in respect of a patent.
- (3) If a licence granted by a person entitled to any patent rights is a licence to exercise those rights to the exclusion of the grantor and all other persons for the whole of the remainder of the term for which the right subsists, the grantor shall be treated for the purposes of sections 524 to 528 as thereby selling the whole of the rights.
- (4) Where, under sections 46 to 49 of the Patents Act 1949 , sections 55 to 59 of the Patents Act 1977 or any corresponding provisions of the law of any country outside the United Kingdom, an invention which is the subject of a patent is made, used, or exercised or vended by or for the service of the Crown or the government of the country concerned, sections 524 to 528 shall have effect as if the making, user, exercise or vending of the invention had taken place in pursuance of a licence, and any sums paid in respect thereof shall be treated accordingly.
- (5) Expenditure incurred in obtaining a right to acquire in the future patent rights as respects any invention in respect of which the patent has not yet been granted shall be deemed for all the purposes of sections 524 to 528 to be expenditure on the purchase of patent rights, and if the patent rights are subsequently acquired the expenditure shall be deemed for those purposes to have been expenditure on the purchase of those rights.
- (6) Any sum received from a person which by virtue of subsection (5) above is deemed to be expenditure incurred by him on the purchase of patent rights shall be deemed to be proceeds of a sale of patent rights.
- (7) In section 531“*know-how*” means any industrial information and techniques likely to assist in the manufacture or processing of goods or materials, or in the working of a mine, oil-well or other source of mineral deposits (including the searching for, discovery or testing of deposits or the winning of access thereto), or in the carrying out of any agricultural, forestry or fishing operations.
### Copyright and public lending right
#### Relief for copyright payments etc
##### 534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief where copyright sold after ten years or more
##### 535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation of royalties where owner abroad
##### 536
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public lending right
##### 537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Artists’ receipts
#### Relief for painters, sculptors and other artists
##### 538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — LIFE POLICIES, LIFE ANNUITIES AND CAPITAL REDEMPTION POLICIES
#### Introductory
##### 539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies: chargeable events
##### 540
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life policies: computation of gain
##### 541
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life annuity contracts: chargeable events
##### 542
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Life annuity contracts: computation of gain
##### 543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Second and subsequent assignment of life policies and contracts
##### 544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital redemption policies
##### 545
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Calculation of certain amounts for purposes of sections 540, 542 and 545
##### 546
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Method of charging gain to tax
##### 547
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deemed surrender of certain loans
##### 548
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Certain deficiencies allowable as deductions
##### 549
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief where gain charged at a higher rate
##### 550
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Right of individual to recover tax from trustees
##### 551
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information: duty of insurers
##### 552
- (1) Where a chargeable event . . . has happened in relation to any policy or contract, the body by or with whom the policy or contract was issued, entered into or effected shall—
- (a) unless satisfied that no gain is to be treated as arising by reason of the event, deliver to the appropriate policy holder before the end of the relevant three month period a certificate specifying the information described in subsection (5) below; and
- (b) if the condition in paragraph (a) or (b) of subsection (2) below is satisfied, deliver to the inspector before the end of the relevant three month period a certificate specifying the information described in subsection (5) below together with the name and address of the appropriate policy holder.
- (2) For the purposes of this section—
- (a) the condition in this paragraph is that the event is an assignment for money or money’s worth of the whole of the rights conferred by the policy or contract; or
- (b) the condition in this paragraph is that the amount of the gain, or the aggregate amount of the gain and any gains connected with it, exceeds one half of the basic rate limit for the relevant year of assessment.
- (3) If, in the case of every certificate which a body delivers under subsection (1)(a) above which relates to a gain attributable to a year of assessment . . . , the body also delivers to the inspector—
- (a) before the end of the relevant three month period for the purposes of subsection (1)(b) above,
- (b) by a means prescribed by the Board for the purposes of this subsection under section 552ZA(5), and
- (c) in a form so prescribed in the case of that means,
a certificate specifying the same information as the certificate under subsection (1)(a) together with the name and address of the appropriate policy holder, the body shall be taken to have complied with the requirements of subsection (1)(b) above in relation to that year of assessment . . . so far as relating to the chargeable events to which the certificates relate.
- (4) Where a certificate is not required to be delivered under subsection (1)(b) above in the case of any chargeable event—
- (a) the inspector may by notice require the body to deliver to him a copy of any certificate that the body was required to deliver under subsection (1)(a) above which relates to the chargeable event; and
- (b) it shall be the duty of the body to deliver such a copy within 30 days of receipt of the notice.
- (5) The information to be given to the appropriate policy holder pursuant to subsection (1)(a) above or the inspector pursuant to subsection (1)(b) above is—
- (a) any unique identifying designation given to the policy or contract;
- (b) the nature of the chargeable event and—
- (i) the date on which it happened; and
- (ii) if it is a chargeable event by virtue of . . . section 514(1) of ITTOIA 2005 (chargeable events where transaction-related calculations show gains), the date on which the insurance year ends;
- (c) if the event is the assignment of all the rights conferred by the policy or contract, such of the following as may be required for computing the amount of the gain to be treated as arising by virtue of . . . Chapter 9 of Part 4 of ITTOIA 2005—
- (i) . . . the amount or value of any capital sums of a kind referred to in section 492(1)(b) to (e) of ITTOIA 2005;
- (ii) the amounts previously paid under the policy or contract by way of premiums or otherwise by way of consideration for an annuity;
- (iii) . . . the amount of so much of any payment previously made on account of an annuity as is exempt under section 717 of ITTOIA 2005;
- (iv) the value of any previously assigned parts of or shares in the rights conferred by the policy or contract;
- (v) . . . the total of the amounts of gains treated as arising on previous chargeable events within section 509(1) or 514(1) of ITTOIA 2005;
- (d) except where paragraph (c) above applies, the amount of the gain treated as arising by reason of the event;
- (e) the number of years relevant for computing the annual equivalent of the amount of the gain for the purposes of subsection (1) of section 536 of ITTOIA 2005 (top slicing relieved liability: one chargeable event), apart from subsections (6) and (8) of that section;
- (f) on the assumption that section 465 of ITTOIA 2005 (person liable: individuals) has effect in relation to the gain —
- (i) whether an individual would fall to be treated as having paid income tax at the basic rate on the amount of the gain in accordance with section 530 of that Act; and
- (ii) if so, except in a case where paragraph (c) above applies, the amount of such tax that would fall to be so treated as paid.
- (6) For the purposes of subsection (1)(a) above, the relevant three month period is whichever of the following periods ends the latest—
- (a) the period of three months following the happening of the chargeable event;
- (b) if the event is a surrender or assignment which is a chargeable event by virtue of . . . section 514(1) of ITTOIA 2005 . . . , the period of three months following the end of the insurance year in which the event happens;
- (c) if the event is a death or an assignment of the whole of the rights or a surrender or assignment which is a chargeable event by virtue of . . . section 514(1) of ITTOIA 2005 . . . , the period of three months beginning with receipt of written notification of the event.
- (7) For the purposes of subsection (1)(b) above, the relevant three month period is whichever of the following periods ends the latest—
- (a) the period of three months following the end of the year of assessment . . . in which the event happened;
- (b) if the event is a surrender or assignment which is a chargeable event by virtue of section 514(1) of ITTOIA 2005, the period of three months following the end of the insurance year in which the event happens;
- (c) if the event is a death or an assignment, the period of three months beginning with receipt of written notification of the event;
- (d) if a certificate under subsection (1)(b) above would not be required in respect of the event apart from the happening of another event, and that other event is one of those mentioned in paragraph (c) above, the period of three months beginning with receipt of written notification of that other event.
- (8) For the purposes of this section the cases where a gain is connected with another gain are those cases where—
- (a) both gains arise in connection with policies or contracts containing obligations which, immediately before the chargeable event, were obligations of the same body;
- (b) the policy holder of those policies or contracts is the same;
- (c) both gains are attributable to the same year of assessment . . . ;
- (d) the terms of the policies or contracts are the same, apart from any difference in their maturity dates; and
- (e) the policies or contracts were issued in respect of insurances made, or were entered into or effected, on the same date.
- (9) For the purposes of this section, the year of assessment . . . to which a gain is attributable is—
- (a) in the case of a gain treated as arising by virtue of subsection (1) of section 514 of ITTOIA 2005, the year of assessment which includes the end of the insurance year mentioned in subsection (3) and (4) of that section; or
- (b) in any other case, the year of assessment . . . in which happens the chargeable event by reason of which the gain is treated as arising.
- (10) In this section—
- “*amount*”, in relation to any gain, means the amount of the gain apart from . . . section 528 of ITTOIA 2005;
- “*appropriate policy holder*” means—in relation to an assignment of part of or a share in the rights conferred by a policy or contract, any person who is both—the policy holder, or one of the policy holders, immediately before the assignment; andthe assignor or one of the assignors; andin relation to any other chargeable event, the person who is the policy holder immediately before the happening of the event;
- “*chargeable event*” means an event which is a chargeable event within the meaning of . . . Chapter 9 of Part 4 of ITTOIA 2005;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*insurance year*” has the same meaning as in Chapter 9 of Part 4 of ITTOIA 2005 (see section 499 of that Act);
- “*the relevant year of assessment*”, in the case of any gain, means—the year of assessment to which the gain is attributable, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) This section is supplemented by section 552ZA.
- (13) For the purposes of this section, no account is to be taken of the effect of . . . section 541A of ITTOIA 2005.
#### Non-resident policies and off-shore capital redemption policies
##### 553
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Borrowings on life policies to be treated as income in certain cases
##### 554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — ENTERTAINERS AND SPORTSMEN
#### Payment of tax
##### 555
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Activity treated as trade etc. and attribution of income
##### 556
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) If—
- (a) under section 13(5) of ITTOIA 2005 a payment made to a person is treated as made instead to the performer, and
- (b) the person to whom the payment is actually made is a company within the charge to corporation tax,
the company is treated for corporation tax purposes as if the payment had not been made to it.
- (3) Regulations may provide—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) that any liability to corporation tax which would, apart from subsection (2) above, arise in relation to the payment shall not arise or shall arise only to a prescribed extent.
- (4) References in this section to a payment include references to a transfer.
- (4A) In this section “*payment*” and “*transfer*” have the same meanings as in section 13 of ITTOIA 2005.
- (5) . . . Subsections (2) and (3) above shall not apply in such circumstances as may be prescribed.
#### Charge on profits or gains
##### 557
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary provisions
##### 558
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Regulations may make provision generally for giving effect to this Chapter, and may make different provision for different cases or descriptions of case.
- (6) In this Chapter—
- “*regulations*” means regulations made by the Treasury; and
- “*prescribed*” means prescribed by regulations.
### CHAPTER IV — SUB-CONTRACTORS IN THE CONSTRUCTION INDUSTRY
#### Deductions on account of tax etc. from payments to certain sub-contractors
##### 559
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons who are sub-contractors or contractors for purposes of Chapter IV
##### 560
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from section 559
##### 561
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by individuals
##### 562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by partners who are individuals
##### 563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by firms
##### 564
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditions to be satisfied by companies
##### 565
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### General powers to make regulations under Chapter IV
##### 566
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “construction operations”
##### 567
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — SCHEMES FOR RATIONALIZING INDUSTRY
#### Deductions from profits of contributions paid under certified schemes
##### 568
- (1) Notwithstanding anything contained in section 74 of this Act or section 33 of ITTOIA 2005 but subject to the following provisions of this Chapter, where a person pays, wholly and exclusively for the purposes of a trade in respect of which he is chargeable under Case I of Schedule D, or under Part 2 of ITTOIA 2005, a contribution in furtherance of a scheme which is for the time being certified by the Secretary of State under this section, the contribution shall, in so far as it is paid in furtherance of the primary object of the scheme, be allowed to be deducted as an expense in computing the profits of that trade.
- (2) The Secretary of State shall certify a scheme under this section if he is satisfied—
- (a) that the primary object of the scheme is the elimination of redundant works or machinery or plant from use in an industry in the United Kingdom; and
- (b) that the scheme is in the national interest and in the interests of that industry as a whole; and
- (c) that such number of persons engaged in that industry as are substantially representative of the industry are liable to pay contributions in furtherance of the primary object of the scheme by agreement between them and the body of persons carrying out the scheme.
- (3) The Secretary of State shall cancel any certificate granted under this section if he ceases to be satisfied as to any of the matters referred to in subsection (2) above.
- (4) The Secretary of State may at any time require the body of persons carrying out a scheme certified under this section to produce any books or documents of whatever nature relating to the scheme and, if the requirement is not complied with, he may cancel the certificate.
- (5) In this section and in section 569 “*contribution*”, in relation to a scheme, does not include a sum paid by a person by way of loan or subscription of share capital, or in consideration of the transfer of assets to him, or by way of a penalty for contravening or failing to comply with the scheme.
#### Repayment of contributions
##### 569
- (1) In the event of the repayment, whether directly or by way of distribution of assets on a winding up or otherwise, of a contribution or any part of a contribution which has been allowed to be deducted under section 568, the deduction of the contribution, or so much of it as has been repaid, shall be deemed to be an unauthorised deduction in respect of which an assessment shall be made, and, notwithstanding the provisions of the Tax Acts requiring assessments to be made within six years after the end of the chargeable period to which they relate, any such assessment and any consequential assessment may be made at any time within three years after the end of the chargeable period in which the repayment was made.
- (2) For the purposes of this section, a sum received by any person by way of repayment of contributions shall be deemed to be by way of repayment of the last contribution paid by him, and, if the sum exceeds the amount of that contribution, by way of repayment of the penultimate contribution so paid, and so on.
#### Payments under certified schemes which are not repayments of contributions
##### 570
- (1) Subject to the provisions of this section, where, under any scheme which is for the time being certified or has at any time been certified by the Secretary of State under section 568, any payment (not being a payment made by way of repayment of contributions) is made to a person carrying on a trade to which the scheme relates, that payment shall be treated for the purposes of the Tax Acts as a trading receipt of the trade, and shall accordingly be taken into account in computing the profits of the trade for those purposes.
- (2) Where . . . the payments which have been made under such a scheme in respect of a trade (not being payments made by way of repayment of contributions) have been made wholly or partly in respect of damage in respect of which no relief may be given under the Tax Acts, and a claim is made to that effect, then, subject to and in accordance with the provisions of Schedule 21—
- (a) relief shall be given in respect of those payments by reducing the amounts which are to be treated as trading receipts of the trade under subsection (1) above; but
- (b) where such relief is given, section 568 shall, in relation to contributions subsequently paid under the scheme in respect of the trade, have effect subject to the modifications specified in Part III of that Schedule,
and paragraph 6 of that Schedule applies for the purposes of this subsection as it applies for the purposes of that Schedule.
- (3) The provisions of this section and Schedule 21 shall apply in relation to any payment made to a person who has ceased to carry on a trade to which any such scheme as is mentioned in subsection (1) above relates as they apply in relation to payments made to a person carrying on such a trade, subject to the modification that so much of that payment as falls to be treated as a trading receipt by virtue of those provisions shall be deemed for the purposes of those provisions to have been made to him on the last day on which he was engaged in carrying on the trade.
- (4) In determining for the purposes of this section and of Schedule 21—
- (a) whether any trade has ceased to be carried on; or
- (b) whether any contribution is paid in respect of a trade in respect of which a payment has been made; or
- (c) whether any payment is made in respect of a trade in respect of which a contribution has been paid,
no regard shall be had to any event which, by virtue of section 337(1) above or section 18 of ITTOIA 2005 (companies beginning or ceasing to carry on trade), is to be treated as effecting a discontinuance of a trade.
#### Cancellation of certificates
##### 571
- (1) Where any certificate granted with respect to a scheme under section 568 is cancelled by the Secretary of State, and any deductible contributions paid in furtherance of the scheme have not been repaid at the expiration of one year from the cancellation, the body of persons carrying out the scheme shall, for the chargeable period in which that year expires, be charged to tax (in the case of corporation tax, under Case VI of Schedule D) upon the aggregate amount of the deductible contributions which have not been repaid at that time.
- (1A) An amount charged to income tax under subsection (1) above is treated for income tax purposes as an amount of income.
- (2) The charge to tax under subsection (1) above shall not be made if the total amount of any contributions, other than deductible contributions, which have been paid under the scheme and have not been repaid before that time is greater than the available resources of the scheme, and shall not in any case be made upon an amount greater than the excess, if any, of those resources over that total amount.
- (3) In subsection (2) above “*the available resources*”, in relation to any scheme, means a sum representing the total funds held for the purposes of the scheme at the expiration of one year from the cancellation of the certificate plus a sum representing any funds held for the purposes of the scheme which, during that year, have been applied otherwise than in accordance with the provisions of the scheme as in force when the certificate was granted.
- (4) Where the body of persons carrying out a scheme are charged to tax by virtue of subsection (1) above, and, after the expiration of one year from the cancellation of the certificate, any deductible contribution paid in furtherance of the scheme is repaid, the amount upon which the charge is made shall on the making of a claim be reduced by the amount repaid, and all such repayments of tax shall be made as are necessary to give effect to the provisions of this subsection.
- (5) In this section “*contribution*” includes a part of a contribution, and “*deductible contribution*” means a contribution allowed to be deducted under section 568, any reduction under Part III of Schedule 21 being left out of account.
- (6) For the purposes of this section, a sum received by any person by way of repayment of contributions shall be deemed to be by way of repayment of the last contribution paid by him, and, if the sum exceeds the amount of that contribution, by way of repayment of the penultimate contribution so paid, and so on.
#### Application to statutory redundancy schemes
##### 572
- (1) Sections 569 to 571 and Schedule 21 shall, subject to the adaptations specified in subsection (2) below, apply in relation to a statutory redundancy scheme as they apply in relation to a scheme certified under section 568.
- (2) The adaptations referred to above are as follows, that is to say—
- (a) for any reference to a contribution allowed to be deducted under section 568 there shall be substituted a reference to a contribution allowed to be deducted under any provision of the Tax Acts other than that section;
- (b) any provision that section 568 shall, in relation to contributions, have effect subject to modifications, shall be construed as a provision that so much of any provision of the Tax Acts other than that section as authorises the deduction of contributions shall, in relation to the contributions in question, have effect subject to the modifications in question;
- (c) for any reference to the cancellation of a certificate with respect to a scheme there shall be substituted a reference to the scheme ceasing to have effect; and
- (d) for any reference to the provisions of the scheme as in force when the certificate was granted there shall be substituted a reference to the provisions of the scheme as in force when the contributions were first paid thereunder.
- (3) In this section “*statutory redundancy scheme*” means a scheme for the elimination or reduction of redundant works, machinery or plant, or for other similar purposes, to which effect is given by or under any Act, whether passed before or after this Act.
### CHAPTER VI — OTHER PROVISIONS
### Relief for losses on unquoted shares in trading companies
#### Relief for companies
##### 573
- (1) Subsection (2) below has effect where a company which has subscribed for shares in a qualifying trading company incurs an allowable loss (for the purpose of corporation tax on chargeable gains) on the disposal of the shares in any accounting period and the company disposing of the shares—
- (a) is an investment company on the date of the disposal and either—
- (i) has been an investment company for a continuous period of six years ending on that date; or
- (ii) has been an investment company for a shorter continuous period ending on that date and has not before the beginning of that period been a trading company or an excluded company; and
- (b) was not associated with, or a member of the same group as, the qualifying trading company at any time in the period beginning with the date when it subscribed for the shares and ending with the date of the disposal.
- (2) The company disposing of the shares may, within two years after the end of the accounting period in which the loss was incurred, make a claim requiring that the loss be set off for the purposes of corporation tax against income—
- (a) of that accounting period; and
- (b) if the company was then an investment company and the claim so requires, of preceding accounting periods ending within the time specified in subsection (3) below;
and, subject to any relief for an earlier loss, the income of any of those periods shall then be treated as reduced by the amount of the loss or by so much of it as cannot be relieved under this subsection against income of a later accounting period.
- (3) The time referred to in subsection (2) above is the period of 12 months ending immediately before the accounting period in which the loss is incurred; but the amount of the reduction which may be made under that subsection in the income of an accounting period falling partly before that time shall not exceed a part of that income proportionate to the part of the accounting period falling within that time.
- (4) Where relief is claimed under subsection (2) above, it must be claimed before any deduction is made for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of any description; . . . .
This subsection is subject to subsection (4A) below.
- (4A) Paragraph 70 of Schedule 15 to the Finance Act 2000 (priority of loss relief) provides that where relief under Part VII of that Schedule (relief for losses on disposals of shares to which investment relief is attributable) is claimed it must be claimed in priority to relief under subsection (2) above.
- (5) For the purposes of subsection (1)(b) above companies are associated with each other if one controls the other or both are under the control of the same person or persons; and section 416(2) to (6) shall apply for the purposes of this subsection.
- (6) For the purposes of this section a company subscribes for shares in another company if they are issued to it by that other company in consideration of money or money’s worth.
#### Relief for individuals
##### 574
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exclusion of relief under section 573 or 574 in certain cases
##### 575
- (1) Section 573 does not apply unless the disposal is—
- (a) by way of a bargain made at arm’s length for full consideration; or
- (b) by way of a distribution in the course of dissolving or winding up the company; or
- (ba) a disposal within section 24(1) of the 1992 Act (entire loss, destruction, dissipation or extinction of asset); or
- (c) a deemed disposal under section 24(2) of the 1992 Act (claim that value of asset has become negligible).
- (2) Where a company disposes of shares (“*the new shares*”) which by virtue of section 127 of the 1992 Act (reorganisation etc. treated as not involving disposal) are identified with other shares (“*the old shares*”) previously held by it, relief shall not be given under section 573 . . . on the disposal of the new shares unless—
- (a) relief under section 573 . . . could (or if this section had been in force could) have been given on a disposal of the old shares if it had incurred an allowable loss in disposing of them as mentioned in subsection (1)(a) above on the occasion of the disposal that would have occurred but for section 127 of the 1992 Act; or
- (b) it gave new consideration for the new shares;
but in a case within paragraph (b) above the amount of relief under section 573 . . . on the disposal of the new shares shall not exceed the amount or value of the new consideration taken into account as a deduction in computing the loss incurred on their disposal.
- (3) Where the shares are the subject of an exchange or arrangement of the kind mentioned in section 135 or 136 of the 1992 Act (company reconstructions etc.) which by reason of section 137 of that Act involves a disposal of the shares, section 573 . . . shall not apply to any allowable loss incurred on the disposal.
- (4) In this section “*new consideration*” means consideration in money or money's worth other than consideration of the kind excluded by paragraph (a) or (b) of section 128(2) of the 1992 Act.
#### Provisions supplementary to sections 573 to 575
##### 576
- (1) Subject to subsection (1C) below, where a company holds shares in another company which constitute a holding and comprise—
- (a) shares for which it has subscribed (“*qualifying shares*”); and
- (b) shares which it has acquired otherwise than by subscription,
any question whether a disposal by it of shares forming part of the holding is of qualifying shares shall be determined by treating that and any previous disposal by it out of the holding as relating to shares acquired later rather than earlier; and if a disposal by it is of qualifying shares forming part of a holding and it makes a claim under section 573 . . . in respect of a loss incurred on their disposal, the amount of relief under that section on the disposal shall not exceed the sums that would be allowed as deductions in computing the loss if the shares had not been part of the holding.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1C) Where the holding mentioned in subsection (1) above comprises any shares—
- (a) to which investment relief is attributable under Schedule 15 to the Finance Act 2000 (corporate venturing scheme), and
- (b) which have been held continuously (within the meaning of paragraph 97 of that Schedule) from the time they were issued until the disposal,
any such question as is mentioned in that subsection shall not be determined as provided by that subsection, but shall be determined instead as provided by paragraph 93 of that Schedule (identification of shares on a disposal of part of a holding where investment relief is attributable to any shares in the holding held continuously by the disposing company).
For this purpose paragraph 93 of that Schedule shall have effect as if the references in it to a disposal had the same meaning as in subsection (1) above.
- (1D) In this section “*holding*” means any number of shares of the same class held by one company in one capacity, growing or diminishing as shares of that class are acquired or disposed of.
For this purpose—
- (a) shares are not to be treated as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt in on such an exchange, and
- (b) subsection (4) of section 104 of the 1992 Act applies as it applies for the purposes of subsection (1) of that section.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Miscellaneous
#### Business entertaining expenses
##### 577
- (1) Subject to the provisions of this section—
- (a) no deduction shall be made in computing profits chargeable to corporation tax under . . . Schedule D for any expenses incurred in providing business entertainment, and such expenses—
- (i) shall not be included in computing any expenses of management in respect of which relief may be given under the Corporation Tax Acts; and
- (ii) shall not be brought into account under section 76 as expenses payable.. . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The expenses to which paragraph (a) of subsection (1) above applies include, in the case of any company, any sums paid by the company to, or on behalf of, or placed by the company at the disposal of an employee of the company exclusively for the purpose of defraying expenses incurred or to be incurred by him in providing business entertainment . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) For the purposes of this section “*business entertainment*” means entertainment (including hospitality of any kind) provided by a company, or by an employee of the company, in connection with a trade carried on by the company, but does not include anything provided by the company for bona fide employees of the company unless its provision for them is incidental to its provision also for others.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In this section—
- (a) any reference to expenses incurred in . . . providing entertainment includes a reference to expenses incurred in . . . providing anything incidental thereto;
- (b) references to a trade include references to any business or profession; and
- (c) references to a company's employees are references to persons employed by the company, directors of the company or persons engaged in the management of the company being for this purpose deemed to be persons employed by it.
- (8) This section shall apply in relation to the provision of a gift as it applies in relation to the provision of entertainment, except that it shall not by virtue of this subsection apply in relation to the provision for any person of a gift consisting of an article incorporating a conspicuous advertisement for the donor, being an article—
- (a) which is not food, drink, tobacco or a token or voucher exchangeable for goods; and
- (b) the cost of which to the donor, taken together with the cost to the donor of any other such articles given by the donor to that person in the same accounting period, does not exceed £50.
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) Subsection (8) above shall not preclude the deduction, in computing profits under . . . Case I or II of Schedule D, of expenditure incurred in making a gift to a body of persons or trust established for charitable purposes only; and for the purposes of this subsection the Historic Buildings and Monuments Commission for England and the Trustees of the National Heritage Memorial Fund shall each be treated as such a body of persons.
- (10) Nothing in this section shall be taken as precluding the deduction of expenses incurred in . . . the provision by any company of anything which it is its trade to provide, and which is provided by the company in the ordinary course of that trade for payment or, with the object of advertising to the public generally, gratuitously.
#### Housing grants
##### 578
- (1) Where, under any enactment relating to the giving of financial assistance for the provision, maintenance or improvement of housing accommodation or other residential accommodation, a payment is made to a person by way of grant or other contribution towards expenses incurred, or to be incurred, by that or any other person, the payment shall not be treated as a receipt in computing income for corporation tax purposes.
- (2) Subsection (1) above shall not apply to a payment in so far as it is made in respect of an expense giving rise to a deduction in computing income for any tax purpose.
#### Statutory redundancy payments
##### 579
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Where a redundancy payment or other employer’s payment is made by a company in respect of employment wholly in a trade or profession carried on by the company, and within the charge to tax, the amount of the redundancy payment or the corresponding amount of the other employer’s payment shall (if not otherwise so allowable) be allowable as a deduction in computing for the purposes of Schedule D the profits or losses of the trade or profession, but—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) if the employer’s payment was made after the discontinuance of the trade or profession the . . . amount so deductible shall be treated as if it were a payment made on the last day on which the trade or profession was carried on.
- (3) Where a redundancy payment or other employer’s payment is made by a company in respect of employment wholly in a business carried on by the company and—
- (a) expenses of management of the business are deductible under section 75, or
- (b) a deduction for expenses payable falls to be allowed in accordance with section 76 in computing profits of the business,
the amount of the redundancy payment, or the corresponding amount of the other employer’s payment, shall (to the extent that it would not otherwise fall to be so treated) be deductible under section 75 as expenses of management or as the case may be, be included at Step 1 in section 76(7).
- (3A) If in a case where subsection (3) above applies, the payment in question is for the purposes of section 75 or 76 referable to an accounting period beginning after discontinuance, it shall be treated as referable to the accounting period ending on the last day on which the business was carried on.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Relief shall not be given under subsections (2) and (3) above, or otherwise, more than once in respect of any employer’s payment, and if the employee was being employed in such a way that different parts of his remuneration fell for corporation tax purposes to be treated in different ways—
- (a) the amount of the redundancy payment or the corresponding amount of the other employer’s payment shall be apportioned to the different capacities in which the employee was employed; and
- (b) subsections (2) and (3) above shall apply separately to the employment in those capacities, and by reference to the apportioned part of that amount, instead of by reference to the full amount of the employer’s payment . . . .
- (6) Where the Minister pays a sum under section 166 of the Employment Rights Act 1996 or Article 201 of the Employment Rights (Northern Ireland) Order 1996 in respect of an employer’s payment this section shall apply as if—
- (a) that sum had been paid on account of that redundancy or other employer’s payment, and
- (b) so far as the company has reimbursed the Minister, it had been so paid by the company.
#### Provisions supplementary to section 579
##### 580
- (1) In section 579—
- (a) “*redundancy payment*” and “*employer’s payment*” have the same meaning as in Part XI of the Employment Rights Act 1996 or Part XII of the Employment Rights (Northern Ireland) Order 1996;
- (b) references to the corresponding amount of an employer’s payment (other than a redundancy payment) are references to the amount of that employer’s payment so far as not in excess of the amount which would have been payable as a redundancy payment had one been payable;
- (c) “*the Minister*” in relation to the Employment Rights Act 1996 means the Secretary of State and in relation to the Employment Rights (Northern Ireland) Order 1996 means the Department of Health and Social Services.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Borrowing in foreign currency by local authorities and statutory corporations
##### 581
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Funding bonds issued in respect of interest on certain debts
##### 582
- (1) Where any funding bonds are issued to a creditor in respect of any liability to pay interest on any debt to which this section applies—
- (a) the issue of the bonds shall be treated for all the purposes of the Corporation Tax Acts as if it were the payment of an amount of that interest equal to the value of the bonds at the time of their issue, and
- (b) where paragraph (a) above . . . applies the redemption of the bonds shall not be treated for those purposes as the payment of any amount of that interest.
- (2) Subsection (2A) applies if an issue of funding bonds is treated as a payment of interest as mentioned in subsection (1)(a) and—
- (a) the person by or through whom the bonds are issued is required to retain bonds under section 939(2) of ITA 2007, but
- (b) it is impracticable for the person to do so.
- (2A) In that case, tax in respect of the amount of interest treated by virtue of subsection (1)(a) as having been paid by the issue of the bonds shall be charged under Case VI of Schedule D for the chargeable period in which the bonds are issued on the persons receiving or entitled to the bonds.
- (3) This section applies to any debt incurred, whether in respect of any money borrowed or otherwise, by any government, public authority or public institution whatsoever, or by any body corporate whatsoever.
- (3A) Chapter 2 of Part 4 of the Finance Act 1996 has effect subject to and in accordance with this section, notwithstanding anything in section 80(5) of that Act (matters to be brought into account in the case of loan relationships only under Chapter 2 of Part 4 of that Act).
- (4) For the purposes of this section “*funding bonds*” includes any bonds, stocks, shares, securities or certificates of indebtedness.
#### Inter-American Development Bank
##### 583
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for unremittable overseas income
##### 584
- (1) Where a company is chargeable to corporation tax by reference to the amount of any income arising in a territory outside the United Kingdom (“*overseas income*”), then for the purposes of corporation tax this section shall apply to the overseas income in so far as—
- (a) the company is prevented from transferring the amount of the overseas income to the United Kingdom, either by the laws of that territory or any executive action of its government or by the impossibility of obtaining foreign currency in that territory; and
- (b) the company has not realised the overseas income outside that territory for a consideration in sterling or a consideration in some other currency which the company is not prevented from transferring to the United Kingdom.
- (2) Subject to subsection (2A) below, where a company so chargeable makes a claim under this subsection in relation to any overseas income—
- (a) which is unremittable; and
- (b) to which subsection (1)(a) above will continue to apply notwithstanding any reasonable endeavours on its part,
then, in the first instance, account shall not be taken of that income, and corporation tax shall be assessable and shall be charged on all persons concerned and for all periods accordingly.
- (2A) If on any date paragraph (a) or (b) of subsection (2) above ceases to apply to any part of any overseas income in relation to which a claim has been made under that subsection—
- (a) that part of the income shall be treated as income arising on that date, and
- (b) account shall be taken of it, and of any tax payable in respect of it under the law of the territory where it arises, according to their value at that date.
- (4) Where a company becomes chargeable to corporation tax in respect of income from any source by virtue of subsection (2) or (2A) above after it has ceased to possess that source of income, the income shall be chargeable under Case VI of Schedule D.
- (5) Where under an agreement entered into under arrangements made by the Secretary of State in pursuance of section 11 of the Export Guarantees and Overseas Investment Act 1978 any payment is made by the Export Credit Guarantee Department in respect of any income which cannot be transferred to the United Kingdom, then, to the extent of the payment, the income shall be treated as income to which paragraphs (a) and (b) of subsection (2) above do not apply (and accordingly cannot cease to apply).
- (6) A claim under subsection (2) above—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) for the purposes of corporation tax, shall be made no later than two years after the end of the accounting period in which the income arises.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Subject to subsections (2) and (2A) above, the amount of any unremittable overseas income shall be determined by reference to the generally recognised market value in the United Kingdom (if any), or, in the absence of any such value, according to the official rate of exchange of the territory where the income arises.
- (9) Any appeal against an assessment which involves a question as to the operation of this section shall be made to the Special Commissioners and not to the General Commissioners.
- (10) This section shall have effect as respects any accounting period in which the conditions in subsection (2) above cease to be satisfied in relation to any income, being an accounting period ending on or before such day, not being earlier than 31st March 1992, as the Treasury may by order appoint for the purposes of this section, with the omission of subsections (3) and (4).
#### Relief from tax on delayed remittances
##### 585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of deductions for war risk premiums
##### 586
- (1) In computing the amount of the profits or gains of any person for any corporation tax purpose, no sum shall be deducted in respect of any payment made by him to which this section applies.
- (2) No payment to which this section applies shall be included in computing the expenses of management in respect of which relief may be given under section 75 or 76.
- (3) Subject to subsections (4) and (5) below, this section applies to any payment made by any person under any contract or arrangement under which that person is, in the event of war damage, entitled or eligible, either absolutely or conditionally, to or for any form of indemnification, whether total or partial, and whether by way of a money payment or not, in respect of that war damage.
- (4) Where the payment is made in respect of the right or eligibility mentioned in subsection (3) above and also in respect of other matters, the deduction or inclusion of so much of the payment as is properly attributable to the other matters shall not be disallowed by virtue only of subsection (1) or (2) above.
- (5) This section shall not apply to any payment made under any contract of marine insurance, or any contract of insurance of an aircraft, or any contract of insurance of goods in transit.
- (6) In this section “*war damage*” means loss or damage arising from action taken by an enemy of Her Majesty, or action taken in combating such an enemy or in repelling an imagined attack by such an enemy, or action taken in anticipation of or in consequence of an attack by such an enemy.
#### Disallowance of certain payments in respect of war injuries to employees
##### 587
- (1) In computing the amount of the profits or gains . . . of any person for any corporation tax purpose, no sum shall be deducted in respect of any payment made by him to which this section applies.
- (2) No payment to which this section applies shall be included in computing—
- (a) the expenses of management in respect of which relief may be given under section 75 or 76; or
- (b) the expenses of management or supervision in respect of which relief may be given under section 121(3).
- (3) Subject to subsections (4) and (5) below, this section applies—
- (a) to any payments by way of benefit made by any person to, or to the personal representatives or dependants of, any employees of his on account of their incapacity, retirement or death owing to war injuries, whether sustained in the United Kingdom or elsewhere; and
- (b) to any payments made by any person by way of premium or contribution under any policy, agreement, scheme or arrangement providing for the payment of benefits to, or to the personal representatives or dependants of, any employees of his on account of their incapacity, retirement or death owing to such war injuries.
- (4) This section shall not apply to any payment (whether by way of benefit or by way of premium or contribution) which is payable under any policy, agreement, scheme or arrangement made before 3rd September 1939, except to the extent that the amount of the payment is increased by any variation of the terms of that policy, agreement, scheme or arrangement made on or after that date.
- (5) This section shall not apply to any payment by way of benefit if, in the opinion of the Board, that payment was made under an established practice which was such that the same or a greater payment would have been made if the incapacity, retirement or death had not been due to war injuries.
- (6) Where a person makes a payment by way of benefit to which this section applies and, in the opinion of the Board, there is an established practice under which a smaller payment would have been made if the incapacity, retirement or death had not been due to war injuries, the deduction or inclusion of an amount equal to that smaller payment shall not be disallowed by virtue only of subsection (1) or (2) above.
- (7) Where a person makes a payment to which this section applies by way of premium or contribution, and the policy, agreement, scheme or arrangement provides for the payment of any benefit in the event of incapacity, retirement or death not due to war injuries, the deduction or inclusion of so much of the payment of premium or contribution as, in the opinion of the Board, is properly attributable to benefit payable in the event of incapacity, retirement or death not due to war injuries shall not be disallowed by virtue only of subsection (1) or (2) above.
- (8) In this section “*war injuries*” means physical injuries—
- (a) caused by—
- (i) the discharge of any missile (including liquids and gas);
- (ii) the use of any weapon, explosive or other noxious thing; or
- (iii) the doing of any other injurious act,
either by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or
- (b) caused by the impact on any person or property of any enemy aircraft, or any aircraft belonging to, or held by any person on behalf of, or for the benefit of, Her Majesty or any allied power, or any part of, or anything dropped from, any such aircraft.
#### Training courses for employees
##### 588
- (1) This section applies where a company (“*the employer*”) incurs retraining course expenses within the meaning of section 311 of ITEPA 2003 (exemptions: retraining courses).
- (3) Subject to subsection (4) below, where—
- (a) an employer incurs expenditure in paying or reimbursing retraining course expenses as mentioned in subsection (1) above; and
- (b) by virtue of section 311 of ITEPA 2003, no liability to income tax arises in respect of the payment or reimbursement,
then, if and so far as that expenditure would not, apart from this subsection, be so deductible, it shall be deductible in computing for the purposes of Schedule D the profits of the trade or profession of the employer for the purposes of which the employee is or was employed.
- (4) Where the employer is a company with investment business or a company carrying on life assurance business, subsection (3) above shall have effect with the substitution for the words following paragraph (b) of—
- (5) In any case where—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) an employer’s liability to corporation tax for any accounting period is determined (by assessment or otherwise) on the assumption that, by virtue only of subsection (3) above (or subsections (3) and (4) above), it is entitled to a deduction on account of any expenditure and, subsequently, there is a failure to meet a condition of the kind mentioned in section 312(1)(b)(i) or (ii) of ITEPA 2003;
an assessment under . . . paragraph 41 of Schedule 18 to the Finance Act 1998, of an amount due in consequence of the failure referred to above may be made at any time not later than six years after the end of the accounting period in which the failure occurred.
- (5A) The reference in subsection (5)(b) above to a deduction on account of any expenditure includes a reference to bringing an amount into account in determining the amount of the deduction to be made under section 76.
- (6) Where an event occurs by reason of which there is a failure to meet a condition in section 312(1)(b)(i) or (ii) of ITEPA 2003, the employer of the employee concerned shall within 60 days of coming to know of the event give a notice to the inspector containing particulars of the event.
- (7) If the inspector has reason to believe that an employer has not given a notice which it is required to give under subsection (6) above in respect of any event, the inspector may by notice require the employer to furnish him within such time (not less that 60 days) as may be specified in the notice with such information relating to the event as the inspector may reasonably require for the purposes of this section.
#### Qualifying courses of training etc
##### 589
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XIV — PENSION SCHEMES, SOCIAL SECURITY BENEFITS, LIFE ANNUITIES ETC.
### CHAPTER I — RETIREMENT BENEFIT SCHEMES
### Approval of schemes
#### Conditions for approval of retirement benefit schemes
##### 590
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Discretionary approval
##### 591
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Tax reliefs
#### Exempt approved schemes
##### 592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief by way of deductions from contributions
##### 593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exempt statutory schemes
##### 594
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Charge to tax in certain cases
#### Charge to tax in respect of certain sums paid by employer etc
##### 595
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from section 595
##### 596
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: pensions
##### 597
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: repayment of employee’s contributions
##### 598
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: commutation of entire pension in special circumstances
##### 599
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: unauthorised payments to or for employees
##### 600
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Charge to tax: payments to employers
##### 601
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Regulations relating to pension fund surpluses
##### 602
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction of surpluses
##### 603
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary provisions
#### Application for approval of a scheme
##### 604
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information
##### 605
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Responsibilities of administrator of scheme, and employer
##### 606
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pilots' benefit fund
##### 607
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Superannuation funds approved before 6th April 1980
##### 608
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schemes approved before 23rd July 1987
##### 609
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amendments of schemes
##### 610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Definition of “retirement benefits scheme”
##### 611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other interpretative provisions, and regulations for purposes of this Chapter
##### 612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — OTHER PENSION FUNDS AND SOCIAL SECURITY BENEFITS AND CONTRIBUTIONS
#### Parliamentary pension funds
##### 613
- (1) The salary of a Member of the House of Commons shall, for all the purposes of the Income Tax Acts, be treated as reduced by the amounts deducted in pursuance of section 1 of the House of Commons Members’ Fund Act 1939; but a Member shall not by reason of any such deduction be entitled to relief under any other provision of the Income Tax Acts.
- (2) In subsection (1) above the reference to salary shall be construed as mentioned in subsection (3) of section 1 of the House of Commons Members’ Fund Act 1939, the reference to amounts deducted includes a reference to amounts required to be set aside under that subsection, and “deduction” shall be construed accordingly.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The . . . trustees of—
- (a) the House of Commons Members’ Fund established under section 1 of that Act of 1939;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be entitled to exemption from income tax in respect of all income derived from that Fund or any investment of that Fund.
#### Exemptions and reliefs in respect of income from investments etc. of certain pension schemes
##### 614
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Any interest or dividends received by the person in whom is vested any of the Family Pension Funds mentioned in section 273 of the Government of India Act 1935, and having effect as a scheme made under section 2 of the Overseas Pensions Act 1973, on sums forming part of that fund shall be exempt from income tax.
- (2A) The reference in subsection (2) above to interest on sums forming part of a fund include references to any amount which is treated as income by virtue of Chapter 8 of Part 4 of ITTOIA 2005 (profits from deeply discounted securities) and derives from any investment forming part of that fund.
- (3) Income derived from investments or deposits of any fund referred to in section 648, 649, 650 or 651 of ITEPA 2003 shall not be charged to income tax, and any income tax deducted from any such income shall be repaid by the Board to the persons entitled to receive the income.
- (4) In respect of income derived from investments or deposits of the Overseas Service Pensions Fund established pursuant to section 7(1) of the Overseas Aid Act 1966, the Board shall give by way of repayment such relief from income tax as is necessary to secure that the income is exempt to the like extent (if any) as if it were income of a person not domiciled, ordinarily resident or resident in the United Kingdom.
- (5) In respect of dividends and other income derived from investments, deposits or other property of a superannuation fund to which section 615(3) applies the Board shall give by way of repayment such relief from income tax as is necessary to secure that the income is exempt to the like extent (if any) as if it were income of a person not domiciled, ordinarily resident or resident in the United Kingdom.
- (6) A claim under this section shall be made to the Board.
#### Exemption from tax in respect of certain pensions
##### 615
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Where an annuity is paid from a superannuation fund to which this subsection applies to a person who is not resident in the United Kingdom, income tax shall not be deducted from any payment of the annuity or accounted for under Chapter 6 of Part 15 of ITA 2007 (deduction from annual payments and patent royalties) by the trustees or other persons having the control of the fund.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Subsection (3) above applies to any superannuation fund which—
- (a) is bona fide established under irrevocable trusts in connection with some trade or undertaking carried on wholly or partly outside the United Kingdom;
- (b) has for its sole purpose (subject to any enactment or Northern Ireland legislation requiring or allowing provision for the value of any rights to be transferred between schemes or between members of the same scheme) the provision of superannuation benefits in respect of persons’ employment in the trade or undertaking wholly outside the United Kingdom; and
- (c) is recognised by the employer and employed persons in the trade or undertaking;
and for the purposes of this subsection duties performed in the United Kingdom the performance of which is merely incidental to the performance of other duties outside the United Kingdom shall be treated as performed outside the United Kingdom.
- (7) In this section—
- “*pension*” includes a gratuity or any sum payable on or in respect of death or, in the case of a pension falling within subsection (2)(g) above, ill-health, and a return of contributions with or without interest thereon or any other addition thereto;
- “*overseas territory*” means any territory or country outside the United Kingdom;
- “*the Pensions (Increase) Acts*” means the Pensions (Increase) Act 1971 and any Act passed after that Act for purposes corresponding to the purposes of that Act;
- “*United Kingdom trust territory*” means a territory administered by the government of the United Kingdom under the trusteeship system of the United Nations.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) For the purposes of this section, a person shall be taken to be employed in the public service of an overseas territory at any time when—
- (a) he is employed in any capacity under the government of that territory, or under any municipal or other local authority in it,
- (b) he is employed, in circumstances not falling within paragraph (a) above, by a body corporate established for any public purpose in that territory by an enactment of a legislature empowered to make laws for that territory, or
- (c) he is the holder of a public office in that territory in circumstances not falling within either paragraph (a) or (b).
- (10) For the purposes of subsection (9), references to the government of an overseas territory include references to a government constituted for two or more overseas territories, and to any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more such territories.
#### Other overseas pensions
##### 616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Social security benefits and contributions
##### 617
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to subsections (4) and (5) below, no relief or deduction shall be given or allowed for corporation tax purposes in respect of any contribution paid by any person under—
- (a) Part I of the Social Security Contributions and Benefits Act 1992, or
- (b) Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
- (4) Subsection (3) above shall not apply to a contribution if it is a secondary Class 1 contribution , a Class 1A contribution or a Class 1B contribution (within the meaning of Part I of either of those Acts) and is allowable—
- (a) as a deduction in computing profits or gains;
- (b) as expenses of management deductible under section 75 or falls to be brought into account under section 76 as expenses payable; or
- (c) as expenses of management or supervision deductible under section 121;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsection (3) above shall not apply for the purposes of deductions under Chapter 2 of Part 5 of ITEPA 2003 (in relation to which section 360A of that Act applies).
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — RETIREMENT ANNUITIES
#### Termination of relief under this Chapter, and transitional provisions
##### 618
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exemption from tax in respect of qualifying premiums
##### 619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying premiums
##### 620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other approved contracts
##### 621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Substituted retirement annuity contracts
##### 622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relevant earnings
##### 623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sponsored superannuation schemes and controlling directors
##### 624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward of unused relief under section 619
##### 625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Modification of section 619 in relation to persons over 50
##### 626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lloyd’s underwriters
##### 627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Partnership retirement annuities
##### 628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity premiums of Ministers and other officers
##### 629
- (1) For the purposes of this Chapter so much of any salary which—
- (a) is payable to the holder of a qualifying office who is also a Member of the House of Commons, and
- (b) is payable for a period in respect of which the holder is not a participant in relation to that office in arrangements contained in the Parliamentary pension scheme but is a participant in relation to his membership of the House of Commons in any such arrangements, or for any part of such a period,
as is equal to the difference between a Member’s pensionable salary and the salary which (in accordance with any such resolution as is mentioned in subsection (3)(a) below) is payable to him as a Member holding that qualifying office shall be treated as remuneration from the office of Member and not from the qualifying office.
- (2) In this section—
- “*Member’s pensionable salary*” means a Member’s ordinary salary under any resolution of the House of Commons which, being framed otherwise than as an expression of opinion, is for the time being in force relating to the remuneration of Members or, if the resolution provides for a Member’s ordinary salary thereunder to be treated for pension purposes as being at a higher rate, a notional yearly salary at that higher rate;
- “*qualifying office*” means an office mentioned in section 2(2)(b), (c) or (d) of the Parliamentary and other Pensions Act 1987;
- “*the Parliamentary pension scheme*” has the same meaning as in that Act;
and without prejudice to the power conferred by virtue of paragraph 13 of Schedule 1 to that Act, regulations under section 2 of that Act may make provision specifying the circumstances in which a person is to be regarded for the purposes of this section as being or not being a participant in relation to his Membership of the House of Commons, or in relation to any office, in arrangements contained in the Parliamentary pension scheme.
- (3) In subsection (2) above “*a Member’s ordinary salary*”, in relation to any resolution of the House of Commons, means—
- (a) if the resolution provides for salary to be paid to Members at different rates according to whether or not they are holders of particular offices, or are in receipt of salaries or pensions as the holders or former holders of particular offices, a Member’s yearly salary at the higher or highest rate; and
- (b) in any other case, a Member’s yearly salary at the rate specified in or determined under the resolution.
### CHAPTER IV — PERSONAL PENSION SCHEMES
### Preliminary
#### Interpretation
##### 630
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Approval of schemes
##### 631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Restrictions on approval
#### Establishment of schemes
##### 632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Scope of benefits
##### 633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity to member
##### 634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lump sum to member
##### 635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Annuity after death of member
##### 636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lump sum on death of member
##### 637
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Other restrictions on approval
##### 638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Tax reliefs
#### Member’s contributions
##### 639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Maximum amount of deductions
##### 640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-back of contributions
##### 641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Carry-forward of relief
##### 642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employer’s contributions and personal pension income etc
##### 643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “relevant earnings”
##### 644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Earnings from pensionable employment
##### 645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “net relevant earnings”
##### 646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Charge to tax
#### Unauthorised payments
##### 647
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Contributions under unapproved arrangements
##### 648
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Miscellaneous
#### Minimum contributions under Social Security Act 1986
##### 649
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of approval
##### 650
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals
##### 651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information about payments
##### 652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information: penalties
##### 653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Remuneration of Ministers and other officers
##### 654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transitional provisions
##### 655
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — PURCHASED LIFE ANNUITIES
#### Purchased life annuities other than retirement annuities
##### 656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Purchased life annuities to which section 656 applies
##### 657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplementary
##### 658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — MISCELLANEOUS
#### Financial futures and traded options
##### 659
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XV — SETTLEMENTS
### CHAPTER I — DISPOSITIONS FOR SHORT PERIODS
#### Dispositions for period which cannot exceed six years
##### 660
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustments between disponor and trustees
##### 661
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Chapter I to dispositions by two or more disponors
##### 662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER II — SETTLEMENTS ON CHILDREN
#### The general rule
##### 663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accumulation settlements
##### 664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “irrevocable”
##### 665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest paid by trustees
##### 666
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustments between disponor and trustees
##### 667
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Chapter II to settlements by two or more settlors
##### 668
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information under Chapter II
##### 669
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Chapter II
##### 670
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — REVOCABLE SETTLEMENTS ETC.
#### Revocable settlements allowing release of obligation
##### 671
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Revocable settlements allowing reversion of property
##### 672
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements where settlor retains an interest
##### 673
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements: discretionary power for benefit of settlor etc
##### 674
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 671 to 674
##### 675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disallowance of deduction from total income of certain sums paid by settlor
##### 676
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sums paid to settlor otherwise than as income
##### 677
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Capital sums paid by body connected with settlement
##### 678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Chapter III to settlements by two or more settlors
##### 679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information for purposes of Chapter III
##### 680
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of Chapter III
##### 681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Ascertainment of undistributed income
##### 682
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — LIABILITY TO HIGHER RATE AND ADDITIONAL RATE TAX
### Liability of settlors
#### Settlements made after 6th April 1965
##### 683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements made before 7th April 1965 but after 9th April 1946
##### 684
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to sections 683 and 684
##### 685
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Liability of trustees
#### Liability to additional rate tax of certain income of discretionary trusts
##### 686
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments under discretionary trusts
##### 687
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schemes for employees and directors to acquire shares
##### 688
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Recovery from trustees of discretionary trusts of higher rate tax due from beneficiaries
##### 689
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER V — MAINTENANCE FUNDS FOR HISTORIC BUILDINGS
#### Schedule 4 directions
##### 690
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Certain income not to be income of settlor etc
##### 691
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reimbursement of settlor
##### 692
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Severance of settled property for certain purposes
##### 693
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Trustees chargeable to income tax at 30 per cent. in certain cases
##### 694
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART XVI — ESTATES OF DECEASED PERSONS IN COURSE OF ADMINISTRATION
#### Limited interests in residue
##### 695
- (1) The following provisions of this section shall have effect in relation to a company which, during the period commencing on the death of a deceased person and ending on the completion of the administration of his estate (“*the administration period*”) or during a part of that period, has a limited interest in the residue of the estate or in a part thereof.
- (2) When any sum has been paid during the administration period in respect of that limited interest, the amount of that sum shall . . . be deemed for corporation tax purposes to have been paid to that company as income for the accounting period in which that sum was paid or, in the case of a sum paid in respect of an interest that has ceased, for the last accounting period in which it was subsisting.
- (3) Where, on the completion of the administration of the estate, there is an amount which remains payable in respect of that limited interest, that amount shall be deemed for corporation tax purposes to have been paid to that company as income for the accounting period in which the administration period ends or, in the case of a sum which is deemed to be paid in respect of an interest that ceased before the end of the administration period, for the last accounting period in which that interest was subsisting.
- (4) Any amount which is deemed to have been paid to that company as income for any accounting period by virtue of this section shall—
- (a) in the case of a United Kingdom estate, be deemed to be income of such an amount as would after deduction of income tax for the relevant year of assessment be equal to the amount deemed to have been so paid, and to be income which has borne income tax at the applicable rate; and
- (b) in the case of a foreign estate, be deemed to be income of the amount deemed to have been so paid . . . .
- (5) Where—
- (a) a company has been charged to corporation tax for any accounting period by virtue of this section in respect of an amount deemed to have been paid to it as income in respect of an interest in a foreign estate (“*the deemed income*”), and
- (b) any part of the aggregate income of that estate for the relevant year of assessment has borne United Kingdom income tax by deduction or otherwise (“*the aggregate income*”),
the tax so charged on it shall, on proof of the facts on a claim, be reduced by an amount bearing the same proportion thereto as the amount of the deemed income which has borne United Kingdom income tax, less the tax so borne, bears to the amount of the aggregate income, less the tax so borne.
- (6) Where relief has been given under subsection (5) above, such part of the amount in respect of which the company has been charged to corporation tax as corresponds to the proportion mentioned in that subsection shall . . . be deemed to represent income of such an amount as would after deduction of income tax be equal to that part of the amount charged.
- (7) In this section “*the relevant year of assessment*”, in relation to an amount deemed to have been paid to a company as income for an accounting period by virtue of this section, means the year of assessment for which the amount would have been deemed to have been paid as income if references to accounting periods in subsections (2) and (3) were references to years of assessment.
#### Absolute interests in residue
##### 696
- (1) The following provisions of this section shall have effect in relation to a company which, during the administration period or during a part of that period, has an absolute interest in the residue of the estate of a deceased person or in a part thereof.
- (2) There shall be ascertained in accordance with section 697 the amount of the residuary income of the estate for each whole year of assessment, and for each broken part of a year of assessment, during which—
- (a) the administration period was current, and
- (b) that company had that interest;
and the amount so ascertained in respect of any year or part of a year or, in the case of a company having an absolute interest in a part of a residue, a proportionate part of that amount, is in this Part referred to as the “*residuary income*” of that company for that year of assessment ; and references to the residuary income of a company for an accounting period are to be construed in accordance with subsection (8).
- (3) When any sum has been paid during the administration period in respect of that absolute interest, that sum, except so far as it is excluded from the operation of this subsection, shall be deemed for corporation tax purposes to have been paid to that company as income for the accounting period in which it was actually paid.
- (3A) A payment shall be excluded from the operation of subsection (3) above to the extent (if any) that the aggregate of that sum and all the sums which—
- (a) have been paid previously during the administration period in respect of that absolute interest, and
- (b) fall under this section to be treated as paid to that company as income (whether or not the company was a company liable to corporation tax at the time of payment),
exceeds the aggregated income entitlement of that company for the accounting period in which the sum is paid.
- (3B) For the purposes of this section the aggregated income entitlement of that company for any accounting period is the amount which would be the aggregate of the amounts received for that accounting period and all previous accounting periods in respect of the interest if that company had a right in each accounting period to receive, and had received—
- (a) in the case of a United Kingdom estate, its residuary income for that accounting period less income tax at the applicable rate for that accounting period; and
- (b) in the case of a foreign estate, its residuary income for that accounting period.
- (4) In the case of a United Kingdom estate, any amount which is deemed to have been paid to that company as income for any accounting period by virtue of subsection (3) above shall be deemed to be income of such an amount as would, after deduction of income tax for that accounting period, be equal to the amount deemed to have been so paid, and to be income that has borne income tax at the applicable rate.
- (5) Where, on the completion of the administration of the estate, the aggregate of all the sums which, apart from this subsection—
- (a) have been paid during the administration period in respect of that absolute interest, and
- (b) fall under this section to be treated as paid to that company as income,
is exceeded by the aggregated income entitlement of that company for the accounting period in which the administration of the estate is completed, then an amount equal to the amount of the excess shall be treated for the purposes of subsections (3) to (4) above as having been actually paid, immediately before the end of the administration period, in respect of that interest.
- (6) In the case of a foreign estate, any amount which is deemed to have been paid to that company as income for any accounting period by virtue of this section shall be deemed to be income of that amount . . . .
- (7) Where—
- (a) a company has been charged to corporation tax for any accounting period by virtue of this section in respect of an amount deemed to have been paid to it as income in respect of an interest in a foreign estate (“*the deemed income*”), and
- (b) any part of the aggregate income of that estate for the relevant year of assessment has borne United Kingdom income tax by deduction or otherwise (“*the aggregate income*”),
the tax so charged on it shall, on proof of the facts on a claim, be reduced by an amount bearing the same proportion thereto as the amount of the deemed income which has borne United Kingdom income tax bears to the amount of the aggregate income.
- (8) . . . The residuary income of a company shall be computed in the first instance by reference to years of assessment, and the residuary income for any such year shall be apportioned between the accounting periods (if more than one) comprising that year.
- (9) In subsection (7) “*the relevant year of assessment*”, in relation to an amount deemed to have been paid to a company as income for an accounting period by virtue of this section, means the year of assessment for which the amount would have been deemed to have been paid as income if references in subsections (3) to (6) to accounting periods were references to years of assessment.
#### Supplementary provisions as to absolute interests in residue
##### 697
- (1) The amount of the residuary income of an estate for any year of assessment shall be ascertained by deducting from the aggregate income of the estate for that year—
- (a) the amount of any annual interest, annuity or other annual payment for that year which is a charge on residue and the amount of any payment made in that year in respect of any such expenses incurred by the personal representatives as such in the management of the assets of the estate as, in the absence of any express provision in a will, would be properly chargeable to income, but excluding any such interest, annuity or payment allowed or allowable in computing the aggregate income of the estate; and
- (b) the amount of any of the aggregate income of the estate for that year to which a person has on or after assent become entitled by virtue of a specific disposition either for a vested interest during the administration period or for a vested or contingent interest on the completion of the administration.
- (1A) For the purpose of ascertaining under subsection (1) above the residuary income of an estate for any year, where the amount of the deductions falling to be made from the aggregate income of the estate for that year (including any falling to be made by virtue of this subsection) exceeds the amount of that income, the excess shall be carried forward and treated for that purpose as an amount falling to be deducted from the aggregate income of the estate for the following year.
- (2) In the event of its appearing, on the completion of the administration of an estate in the residue of which, or in a part of the residue of which, a company had an absolute interest at the completion of the administration, that the aggregate of the benefits received in respect of that interest does not amount to as much as the aggregate for all years of the residuary income of the company having that interest, section 696 shall have effect as if the amount of the deficiency were to be applied in reducing the amount taken to be its residuary income for the year in which the administration of the estate is completed and, in so far as the deficiency exceeds that income, in reducing the amount taken to be its residuary income for the previous year, and so on.
- (3) In subsection (2) above “*benefits received*” in respect of an absolute interest means the following amounts in respect of all sums paid before, or payable on, the completion of the administration in respect of that interest, that is to say—
- (a) as regards a sum paid before the completion of the administration, in the case of a United Kingdom estate such an amount as would, after deduction of income tax for the year of assessment in which that sum was paid, be equal to that sum, or in the case of a foreign estate the amount of that sum; and
- (b) as regards a sum payable on the completion of the administration, in the case of a United Kingdom estate such an amount as would, after deduction of income tax for the year of assessment in which the administration is completed, be equal to that sum, or in the case of a foreign estate the amount of that sum.
- (4) In the application of subsection (2) above to a residue or a part of a residue in which a person other than the person having an absolute interest at the completion of the administration had an absolute interest at any time during the administration period, the aggregates mentioned in that subsection shall be computed in relation to those interests taken together . . . .
- (5) If the amount resulting from the computation mentioned in subsection (4) is greater than the total amount of the reduction which can be made under subsection (2), the share of the residuary income of the estate of the last previous holder of the interest for the last year in which that person had that interest is to be reduced, and so on.
#### Special provisions as to certain interests in residue
##### 698
- (1) Where the personal representatives of a deceased person have as such a right in relation to the estate of another deceased person such that, if that right were vested in them for their own benefit, they would have an absolute or limited interest in the residue of that estate or in a part of that residue, they shall be deemed to have that interest notwithstanding that that right is not vested in them for their own benefit, and any amount deemed to be paid to them as income by virtue of this Part shall be treated as part of the aggregate income of the estate of the person whose personal representatives they are.
- (1A) Subsection (1B) below applies where—
- (a) successively during the administration period there are different persons with interests in the residue of the estate of a deceased person or in parts of such a residue;
- (b) the later interest or, as the case may be, each of the later interests arises or is created on the cessation otherwise than by death of the interest that precedes it; and
- (c) the earlier or, as the case may be, earliest interest is a limited interest.
- (1B) Where this subsection applies, this Part shall have effect in relation to any payment made in respect of any of the interests referred to in subsection (1A) above—
- (a) as if all those interests were the same interest so that none of them is to be treated as having ceased on being succeeded by any of the others;
- (b) as if (subject to paragraph (c) below) the interest which is deemed to exist by virtue of paragraph (a) above (“the deemed single interest”) were an interest of—
- (i) except in a case to which sub-paragraph (ii) below applies, the person in respect of whose interest or previous interest the payment is made;
- (ii) in a case where the person entitled to receive the payment is any other person who has or has had an interest which is deemed to be comprised in the deemed single interest, that other person;
and
- (c) in so far as any of the later interests is an absolute interest as if, for the purposes of section 696(3A) to (5)—
- (i) the earlier interest or interests had never existed and the absolute interest had always existed;
- (ii) the sums (if any) which were deemed in relation to the earlier interest or interests to have been paid as income for any accounting period to any of the persons entitled thereto were sums previously paid during the administration period in respect of the absolute interest; and
- (iii) those sums were sums falling to be treated as sums paid as income to the person entitled to the absolute interest.
- (2) Where successively during the administration period there are different persons with absolute interests in the residue of the estate of a deceased person or in parts of such a residue, the aggregate payments and aggregated income entitlement referred to in subsections (3A) and (3B) of section 696 shall be computed for the purposes of that section in relation to an absolute interest subsisting at any time (“the subsequent interest”)—
- (a) as if the subsequent interest and any previous absolute interest corresponding to the subsequent interest, or relating to any part of the residue to which the subsequent interest relates, were the same interest; and
- (b) as if the residuary income for any accounting period of the person entitled to the previous interest were residuary income of the person entitled to the subsequent interest and any amount deemed to be paid as income to the person entitled to the previous interest were an amount deemed to have been paid to the person entitled to the subsequent interest.
- (3) Where, upon the exercise of a discretion, any of the income of the residue of the estate of a deceased person for any period (being the administration period or a part of the administration period) would, if the residue had been ascertained at the commencement of that period, be properly payable to any person, or to another in his right, for his benefit, whether directly by the personal representatives or indirectly through a trustee or other person—
- (a) the amount of any sum paid pursuant to an exercise of the discretion in favour of that person shall be deemed for corporation tax purposes to have been paid to that person as income for the accounting period in which it was paid; and
- (b) section 695(4) to (6) shall have effect in relation to an amount which is deemed to have been paid as income by virtue of paragraph (a) above.
- (4) Subsection (5) applies in any case where—
- (a) successively during the administration period there are different persons with absolute interests in the residue of the estate of a deceased person, or in parts of such a residue, and
- (b) some, but not all are companies liable to corporation tax in respect of income within this Part.
- (5) References in this section—
- (a) to sums deemed to be paid as income for an accounting period to a person who is not such a company,
- (b) to the residuary income for any accounting period of such a person, or
- (c) to amounts deemed to be paid to such a person as income,
are references to sums that would be so deemed, to the income that would be such residuary income or, as the case may be, to the amounts that would be so deemed if the assumptions in subsection (6) were made.
- (6) The assumptions are—
- (a) that each of the persons who is not a company liable to corporation tax in respect of income within this Part is such a company, and
- (b) that in the case of each person who is not a company, the person's accounting periods correspond with years of assessment.
#### Relief from higher rate tax for inheritance tax on accrued income
##### 699
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustments and information
##### 700
- (1) Where on the completion of the administration of an estate any amount is deemed by virtue of this Part to have been paid to any company as income for any accounting period and—
- (a) that amount is greater than the amount that has previously been deemed to have been paid to it as income for that accounting period by virtue of this Part; or
- (b) no amount has previously been so deemed to have been paid to it as income for that accounting period;
an assessment may be made upon it for that accounting period and corporation tax charged accordingly or, on a claim being made for the purpose, any relief or additional relief to which it may be entitled shall be allowed accordingly.
- (2) Where on the completion of the administration of an estate any amount is deemed by virtue of this Part to have been paid to any company as income for any accounting period, and that amount is less than the amount that has previously been so deemed to have been paid to it, then—
- (a) if an assessment has already been made upon it for that accounting period, such adjustments shall be made in that assessment as may be necessary for the purpose of giving effect to the provisions of this Part which take effect on the completion of the administration, and any corporation tax overpaid shall be repaid; and
- (b) if—
- (i) any relief has been allowed to it by reference to the amount which has been previously deemed by virtue of this Part to have been paid to it as income for that accounting period, and
- (ii) the amount of that relief exceeds the amount of relief which could have been given by reference to the amount which, on the completion of the administration, is deemed to have been paid to it as income for that accounting period,
the relief so given in excess may, if not otherwise made good, be charged under Case VI of Schedule D and recovered from that company accordingly.
- (3) Notwithstanding anything in the Tax Acts, the time within which an assessment may be made for the purposes of this Part, or an assessment may be adjusted for those purposes, or a claim for relief may be made by virtue of this Part, shall not expire before the end of the period of three years beginning with the 31st January next following the accounting period in which the administration of the estate in question was completed.
- (4) An inspector may by notice require any person being or having been a personal representative of a deceased person, or having or having had an absolute or limited interest in the residue of the estate of a deceased person or in a part of such residue, to furnish him within such time as he may direct (not being less than 28 days) with such particulars as he thinks necessary for the purposes of this Part or Chapter 6 of Part 5 of ITTOIA 2005.
- (5) It shall be the duty of a personal representative of a deceased person, if a request to do so is made in writing by a person who has, or has had, an absolute or limited interest in the residue of the estate of the deceased or by a person to whom any of the income of the residue of that estate has been paid in the exercise of any discretion, to furnish the person making the request with a statement in writing setting out—
- (a) in respect of every amount which has been, or is treated as having been, actually paid to that person in respect of that interest or in the exercise of that discretion, the amount (if any) deemed under this Part to have been paid to him as income for an accounting period; . . .
- (aa) the amount treated as estate income under Chapter 6 of Part 5 of ITTOIA 2005 in respect of that interest or the exercise of that discretion for which he is liable to income tax for a year of assessment, and
- (b) the amount of any tax at the applicable rate which any amount falling within paragraph (a) or (aa) above is deemed to have borne;
and, where an amount deemed to have been paid as income to any person for any accounting period under this Part or treated as estate income under that Chapter is deemed for any of the purposes of this Part or that Chapter to have borne tax on different parts of it at different applicable rates, the matters to be set out in pursuance of paragraphs (a) to (b) above shall be set out separately as respects each part of that amount.
- (6) The duty imposed by subsection (5) above shall be enforceable at the suit or instance of the person making the request.
#### Interpretation
##### 701
- (1) The following provisions of this section shall have effect for the purpose of the interpretation of sections 695 to 700.
- (2) A person shall be deemed to have an absolute interest in the residue of the estate of a deceased person, or in a part of such residue, if and so long as the capital of the residue or of that part would, if the residue had been ascertained, be properly payable to him, or to another in his right, for his benefit, or is properly so payable, whether directly by the personal representatives or indirectly through a trustee or other person.
- (3) A person shall be deemed to have a limited interest in the residue of the estate of a deceased person, or in a part of such residue, during any period, being a period during which he has not an absolute interest in the residue or in that part, where the income of the residue or of that part for that period would, if the residue had been ascertained at the commencement of that period, be properly payable to him, or to another in his right, for his benefit, whether directly by the personal representatives or indirectly through a trustee or other person.
- (3A) “*Applicable rate*”, in relation to any amount which a person is deemed by virtue of this Part to receive or to have a right to receive, means the basic rate . . . or the dividend ordinary rate according as the income of the residue of the estate out of which that amount is or would be paid bears tax at the basic rate . . . or the dividend ordinary rate; and in determining for the purposes of this Part whether or how much of any payment is or would be deemed to be made out of income that bears tax at one rate rather than another—
- (a) such apportionments of the amounts bearing tax at different rates shall be made between different persons with interests in the residue of the estate as are just and reasonable in relation to their different interests; and
- (b) subject to paragraph (a) above, it shall be assumed that—
- (i) payments are to be made out of income bearing tax at the basic rate before they are made out of income bearing tax at . . . the dividend ordinary rate; . . .
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) “*Personal representatives*” means, in relation to the estate of a deceased person, his personal representatives as defined in relation to England and Wales by section 55 of the Administration of Estates Act 1925, and persons having in relation to the deceased under the law of another country any functions corresponding to the functions for administration purposes under the law of England and Wales of personal representatives as so defined; and references to “*personal representatives as such*” shall be construed as references to personal representatives in their capacity as having such functions.
- (5) “*Specific disposition*” means a specific devise or bequest made by a testator, and includes the disposition of personal chattels made by section 46 of the Administration of Estates Act 1925 and any disposition having, whether by virtue of any enactment or otherwise, under the law of another country an effect similar to that of a specific devise or bequest under the law of England and Wales.
- (6) Subject to subsection (7) below, “*charges on residue*” means, in relation to the estate of a deceased person, the following liabilities, properly payable thereout and interest payable in respect of those liabilities, that is to say—
- (a) funeral, testamentary and administration expenses and debts, and
- (b) general legacies, demonstrative legacies, annuities and any sum payable out of residue to which a person is entitled under the law of intestacy of any part of the United Kingdom or any other country, and
- (c) any other liabilities of his personal representatives as such.
- (7) Where, as between persons interested under a specific disposition or in a general or demonstrative legacy or in an annuity and persons interested in the residue of the estate, any such liabilities as are mentioned in subsection (6) above fall exclusively or primarily upon the property that is the subject of the specific disposition or upon the legacy or annuity, only such part (if any) of those liabilities as falls ultimately upon the residue shall be treated as charges on residue.
- (8) References to the aggregate income of the estate of a deceased person for any year of assessment shall be construed as references to the aggregate income from all sources for that year of the personal representatives of the deceased as such, treated as consisting of—
- (a) any such income which is chargeable to United Kingdom income tax by deduction or otherwise, such income being computed at the amount on which that tax falls to be borne for that year; . . .
- (b) any such income which would have been so chargeable if it had arisen in the United Kingdom to a person resident and ordinarily resident there, such income being computed at the full amount thereof actually arising during that year, less such deductions as would have been allowable if it had been charged to United Kingdom income tax;
- (c) any amount of income treated as arising to the personal representatives under section 410(4) of ITTOIA 2005 (stock dividends) that would be charged to income tax under Chapter 5 of Part 4 of that Act if income arising to personal representatives were so charged (see section 413 of that Act);
- (d) in a case where section 419(2) of that Act applies (release of loans to participator in close company: debts due from personal representatives), the amount that would be charged to income tax under Chapter 6 of Part 4 apart from that section; and
- (e) any amount that would have been treated as income of the personal representatives as such under section 466 of that Act if the condition in section 466(2) had been met (gains from contracts for life insurance);
but excluding any income from property devolving on the personal representatives otherwise than as assets for payment of the debts of the deceased.
- (9) “*United Kingdom estate*” means, as regards any year of assessment or accounting period, an estate the income of which comprises only income which either—
- (a) has borne United Kingdom income tax by deduction, or
- (b) in respect of which the personal representatives are directly assessable to United Kingdom income tax,
not being an estate any part of the income of which is income in respect of which the personal representatives are entitled to claim exemption from United Kingdom income tax by reference to the fact that they are not resident, or not ordinarily resident, in the United Kingdom.
- (10) “*Foreign estate*” means, as regards any year of assessment or accounting period, an estate which is not a United Kingdom estate.
- (10A) Amounts to which section 699A(1)(a) and (b) applies shall be disregarded in determining whether an estate is a United Kingdom estate or a foreign estate, except that any estate the aggregate income of which comprises only such amounts shall be a United Kingdom estate.
- (11) In a case in which different parts of the estate of a deceased person are the subjects respectively of different residuary dispositions, this Part shall have effect in relation to each of those parts with the substitution—
- (a) for references to the estate of references to that part of the estate; and
- (b) for references to the personal representatives of the deceased as such of references to his personal representatives in their capacity as having the functions referred to in subsection (4) above in relation to that part of the estate.
- (12) In this Part—
- (a) references to sums paid include references to assets that are transferred or that are appropriated by a personal representative to himself, and to debts that are set off or released;
- (b) references to sums payable include references to assets as to which an obligation to transfer or a right of a personal representative to appropriate to himself is subsisting on the completion of the administration and to debts as to which an obligation to release or set off, or a right of a personal representative so to do in his own favour, is then subsisting; and
- (c) references to amount shall be construed, in relation to such assets as are referred to in paragraph (a) or (b) above, as references to their value at the date on which they were transferred or appropriated, or at the completion of the administration, as the case may require, and, in relation to such debts as are so referred to, as references to the amount thereof.
- (13) In this Part references to the administration period shall be construed in accordance with section 695(1).
- (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to Scotland
##### 702
For the purpose of the application of this Part to Scotland—
- (a) any reference to the completion of the administration of an estate shall be construed as a reference to the date at which, after discharge of, or provision for, liabilities falling to be met out of the deceased’s estate (including, without prejudice to the generality of the foregoing, debts, legacies immediately payable, prior rights of surviving spouse or civil partner on intestacy and legal rights of surviving spouse or civil partner or children), the free balance held in trust for behoof of the residuary legatees has been ascertained;
- (b) for paragraph (b) of section 697(1) the following paragraph shall be substituted—
> (b) the amount of any of the aggregate income of the estate for that year to which a person has become entitled by virtue of a specific disposition
;
- (c) “*real estate*” means heritable estate, and
- (d) “*charge on residue*” shall include, in addition to the liabilities specified in section 701(6), any sums required to meet claims in respect of prior rights by surviving spouse or civil partner or in respect of legal rights by surviving spouse or civil partner or children.
## PART XVII — TAX AVOIDANCE
### CHAPTER I — CANCELLATION OF CORPORATION TAX ADVANTAGES FROM CERTAIN TRANSACTIONS IN SECURITIES
#### Cancellation of tax advantage
##### 703
- (1) Where—
- (a) in any such circumstances as are mentioned in section 704, and
- (b) in consequence of a transaction in securities or of the combined effect of two or more such transactions,
a company is in a position to obtain, or has obtained, a corporation tax advantage, then unless it shows that the transaction or transactions were carried out either for bona fide commercial reasons or in the ordinary course of making or managing investments, and that none of them had as their main object, or one of their main objects, to enable corporation tax advantages to be obtained, this section shall apply to it in respect of that transaction or those transactions.
- (2) For the purposes of this Chapter a corporation tax advantage obtained or obtainable by a company shall be deemed to be obtained or obtainable by it in consequence of a transaction in securities or of the combined effect of two or more such transactions, if it is obtained or obtainable in consequence of the combined effect of the transaction or transactions and the liquidation of a company.
- (3) Where this section applies to a company in respect of any transaction or transactions, the corporation tax advantage obtained or obtainable by it in consequence thereof shall be counteracted by such of the following adjustments, that is to say an assessment, the nullifying of a right to repayment or the requiring of the return of a repayment already made (the amount to be returned being chargeable . . . under Case VI of Schedule D and recoverable accordingly), or the computation or recomputation of profits or gains, or liability to corporation tax, on such basis as the Board may specify by notice served on it as being requisite for counteracting the corporation tax advantage so obtained or obtainable.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) *In the case of a man and his wife living with him (whether or not she is separately assessed to tax), this Chapter shall, subject to subsection* (8)*below, be treated as applying to him in respect of any transaction or transactions as it would apply if any property, rights or liabilities of the wife were his property, rights or liabilities in relation to which she had acted only as nominee for him, and shall be treated as applying to the wife in respect of any transaction or transactions as it would apply if any property, rights or liabilities of the man were her property, rights or liabilities in relation to which he had acted only as nominee for her*.
- (8) *No adjustment made under subsection* (3)*above by reference to any transaction or transactions to counteract any tax advantage shall by virtue of subsection* (7)*above be so made that a person bears more tax than if the transaction or transactions had not had as a consequence that any relief or increased relief from, or repayment or increased repayment of, income tax, or any deduction in computing profits or gains, was obtained or obtainable, or that the way in which receipts accrued was such that the recipient did not pay or bear tax on them*.
- (9) The Board shall not give a notice under subsection (3) above until they have notified the company in question that they have reason to believe that this section may apply to it in respect of a transaction or transactions specified in the notification; and if within 30 days of the issue of the notification that company, being of opinion that this section does not so apply to it, makes a statutory declaration to that effect stating the facts and circumstances upon which its opinion is based, and sends it to the Board, then subject to subsection (10) below, this section shall not apply to it in respect of the transaction or transactions.
- (10) If, when a statutory declaration has been sent to the Board under subsection (9) above, they see reason to take further action in the matter—
- (a) the Board shall send to the tribunal a certificate to that effect, together with the statutory declaration, and may also send therewith a counter-statement with reference to the matter;
- (b) the tribunal shall take into consideration the declaration and the certificate, and the counter-statement, if any, and shall determine whether there is or is not a prima facie case for proceeding in the matter, and if they determine that there is no such case this section shall not apply to the company in question in respect of the transaction or transactions;
but any such determination shall not affect the operation of this section in respect of transactions which include that transaction or some or all of those transactions and also include another transaction or other transactions.
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) This section applies whether the corporation tax advantage in question relates to a chargeable period ending before or after the commencement of this Act, but nothing in this section shall authorise the making of an assessment later than six years after the accounting period to which the corporation tax advantage relates; and no other provision contained in the Corporation Tax Acts shall be construed as limiting the powers conferred by this section.
#### The prescribed circumstances
##### 704
The circumstances mentioned in section 703(1) are as follows (and in this section references to “*the section 703(1) company*” are references to the company referred to in that section)
- (A) That in connection with the distribution of profits of a company, or in connection with the sale or purchase of securities being a sale or purchase followed by the purchase or sale of the same or other securities, the section 703(1) company receives an abnormal amount by way of dividend, and the amount so received is taken into account for any of the following purposes—
- (a) any exemption from corporation tax, or
- (b) the setting-off of losses against profits or income, or
- (c) the giving of group relief, or
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals against Board’s notices under section 703
##### 705
- (1) Any company to which notice has been given under section 703(3) may within 30 days by notice to the Board appeal to the Special Commissioners on the grounds that section 703 does not apply to it in respect of the transaction or transactions in question, or that the adjustments directed to be made are inappropriate.
- (2) If the company or the Board are dissatisfied with the determination of the Special Commissioners the company or the Board may, on giving notice to the clerk to the Special Commissioners within 30 days after the determination, require the appeal to be re-heard by the tribunal, and the Special Commissioners shall transmit to the tribunal any document in their possession which was delivered to them for the purposes of the appeal.
- (3) Where notice is given under subsection (2) above, the tribunal shall re-hear and determine the appeal and shall have and exercise the same powers and authorities in relation to the appeal as the Special Commissioners might have and exercise, and the determination of the tribunal thereon shall be final and conclusive.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) On an appeal under subsections (1) to (3) above the Special Commissioners or the tribunal shall have power to cancel or vary a notice under subsection (3) of section 703 or to vary or quash an assessment made in accordance with such a notice, but the bringing of an appeal or the statement of a case shall not affect the validity of a notice given or of any other thing done in pursuance of that subsection pending the determination of the proceedings.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The tribunal
##### 706
- (1) For the purposes of this Chapter the tribunal shall consist of—
- (a) a chairman, appointed by the Lord Chancellor, and
- (b) two or more persons appointed by the Lord Chancellor as having special knowledge of and experience in financial or commercial matters.
- (2) A person appointed as chairman or other member of the tribunal shall vacate his office on the day on which he attains the age of 70; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
#### Procedure for clearance in advance
##### 707
- (1) The following provisions shall have effect where in pursuance of this section a company furnishes to the Board particulars of a transaction or transactions effected or to be effected by it , that is to say—
- (a) if the Board are of opinion that the particulars, or any further information furnished in pursuance of this paragraph, are not sufficient for the purposes of this section, they shall within 30 days of the receipt thereof notify to that company what further information they require for those purposes, and unless that further information is furnished to the Board within 30 days from the notification, or such further time as the Board may allow, they shall not be required to proceed further under this section;
- (b) subject to paragraph (a) above, the Board shall within 30 days of the receipt of the particulars, or, where that paragraph has effect, of all further information required, notify that company whether or not they are satisfied that the transaction or transactions as described in the particulars were or will be such that no notice under section 703(3) ought to be given in respect of it or them;
and, subject to the following provisions of this section, if the Board notify it that they are so satisfied, section 703 shall not apply to it in respect of that transaction or those transactions.
- (2) If the particulars, and any further information given under this section with respect to any transaction or transactions, are not such as to make full and accurate disclosure of all facts and considerations relating thereto which are material to be known to the Board, any notification given by the Board under this section shall be void.
- (3) In no event shall the giving of a notification under this section with respect to any transaction or transactions prevent section 703 applying to a company in respect of transactions which include that transaction or all or some of those transactions and also include another transaction or other transactions.
#### Power to obtain information
##### 708
Where it appears to the Board that by reason of any transaction or transactions a company may be a company to which section 703 applies, the Board may by notice served on it require it, within such time not less than 28 days as may be specified in the notice, to furnish information in its possession with respect to the transaction or any of the transactions, being information as to matters, specified in the notice, which are relevant to the question whether a notice under section 703(3) should be given in respect of it.
#### Meaning of “tax advantage” and other expressions
##### 709
- (1) In this Chapter “*corporation tax advantage*” means a relief or increased relief from, or repayment or increased repayment of, corporation tax, or the avoidance or reduction of a charge to corporation tax or an assessment to corporation tax or the avoidance of a possible assessment thereto, whether the avoidance or reduction is effected by receipts accruing in such a way that the recipient does not pay or bear corporation tax on them, or by a deduction in computing profits or gains.
- (2) In this Chapter—
- “*company*” includes any body corporate,
- “*securities*”—includes shares and stock, andin relation to a company not limited by shares (whether or not it has a share capital) includes also a reference to the interest of a member of the company as such, whatever the form of that interest;
- “*trading stock*” has the same meaning as in section 100(1);
- “*transaction in securities*” includes transactions, of whatever description, relating to securities, and in particular—the purchase, sale or exchange of securities;the issuing or securing the issue of, or applying or subscribing for, new securities;the altering, or securing the alteration of, the rights attached to securities;and references to dividends include references to other qualifying distributions and to interest.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In section 704—
- (a) references to profits include references to income, reserves or other assets;
- (b) references to distribution include references to transfer or realisation (including application in discharge of liabilities); and
- (c) references to the receipt of consideration include references to the receipt of any money or money’s worth.
- (4) For the purposes of section 704 an amount received by way of dividend shall be treated as abnormal if the Board, the Special Commissioners or the tribunal, as the case may be, are satisfied—
- (a) in the case of a dividend at a fixed rate, that it substantially exceeds the amount which the recipient would have received if the dividend had accrued from day to day and the recipient had been entitled only to so much of the dividend as accrued while the recipient held the securities, so however that an amount shall not be treated as abnormal by virtue only of this paragraph if during the six months beginning with the purchase of the securities the recipient does not sell or otherwise dispose of, or acquire an option to sell, any of those securities or any securities similar to those securities; or
- (b) in any case, that it substantially exceeds a normal return on the consideration provided by the recipient for the relevant securities, that is to say, the securities in respect of which the dividend was received and, if those securities are derived from securities previously acquired by the recipient, the securities which were previously acquired.
- (5) For the purposes of subsection (4)(a) above securities shall be deemed to be similar if they entitle their holders to the same rights against the same persons as to capital and interest and the same remedies for the enforcement of those rights, notwithstanding any difference in the total nominal amounts of the respective securities or in the form in which they are held or the manner in which they can be transferred, and for those purposes rights guaranteed by the Treasury shall be treated as rights against the Treasury.
- (6) For the purposes of subsection (4)(b) above—
- (a) if the consideration provided by the recipient for any of the relevant securities was in excess of their market value at the time the recipient acquired them, or if no consideration was provided by the recipient for any of the relevant securities, the recipient shall be taken to have provided for those securities consideration equal to their market value at the time the recipient acquired them; and
- (b) in determining whether an amount received by way of dividend exceeds a normal return, regard shall be had to the length of time previous to the receipt of that amount that the recipient first acquired any of the relevant securities and to any dividends and other distributions made in respect of them during that time.
### CHAPTER II — TRANSFERS OF SECURITIES
### Transfers with or without accrued interest: introductory
#### Meaning of “securities”, “transfer” etc. for purposes of sections 711 to 728
##### 710
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “interest”, “transfers with or without accrued interest” etc
##### 711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “settlement day” for purposes of sections 711 to 728
##### 712
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Transfers with or without accrued interest: charge to tax and reliefs
#### Deemed sums and reliefs
##### 713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of deemed sums and reliefs
##### 714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from sections 713 and 714
##### 715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of unrealised interest
##### 716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Variable interest rate
##### 717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest in default
##### 718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Unrealised interest in default
##### 719
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Transfers with or without accrued interest: supplemental
#### Nominees, trustees etc
##### 720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Death
##### 721
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Trading stock
##### 722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign securities: delayed remittances
##### 723
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Insurance companies
##### 724
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Lloyd’s underwriters
##### 725
#### Building societies
##### 726
#### Stock lending
##### 727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information
##### 728
- (1) In order to obtain for the purposes of Part 12 of ITA 2007 (accrued income profits) particulars relating to securities, an inspector may by notice require a return under subsection (2) or (3) below.
- (2) A member of the Stock Exchange, other than a market maker, may be required to make a return giving, in relation to any transactions effected by him in the course of his business in the period specified in the notice, such particulars as may be so specified.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) A person (other than a member of the Stock Exchange), who acts as an agent or broker in the United Kingdom in transactions in securities, may be required to make a return giving, in relation to any such transactions effected by him in the period specified in the notice, such particulars as may be so specified.
- (4) No person shall be required under subsection (2) or (3) above to include in a return particulars of any transaction effected more than three years before the service of the notice requiring him to make the return.
- (5) In order to obtain for the purposes of Part 12 of ITA 2007 (accrued income profits) particulars relating to securities, the Board or an inspector may by notice require any person in whose name any securities are registered to state whether or not he is the beneficial owner of those securities and, if he is not the beneficial owner of them or any of them, to furnish the name and address of the person or persons on whose behalf the securities are registered in his name.
- (6) In this section “*market maker*”, in relation to securities, means a person who—
- (a) holds himself out at all normal times in compliance with the rules of the Stock Exchange as willing to buy and sell securities of the kind concerned at a price specified by him; and
- (b) is recognised as doing so by the Council of the Stock Exchange.
- (7) The Board may by regulations provide that—
- (a) subsections (2), (3) and (6)(a) above shall have effect as if references to the Stock Exchange were to any recognised investment exchange (within the meaning of the Financial Services and Markets Act 2000) or to any of those exchanges specified in the regulations; and
- (b) subsection (6)(b) shall have effect as if the reference to the Council of the Stock Exchange were to the investment exchange concerned.
- (8) Regulations under subsection (7) above shall apply in relation to transactions effected on or after such day as may be specified in the regulations.
- (9) In this section “*securities*” has the meaning given by section 619 of ITA 2007.
### Other transfers of securities
#### Sale and repurchase of securities
##### 729
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfers of income arising from securities
##### 730
- (1) Where in any chargeable period the owner of any shares (“the owner”) sells or transfers the right to receive any distribution payable (whether before or after the sale or transfer) in respect of the shares without selling or transferring the shares, then, for all the purposes of the Tax Acts, that distribution, whether it would or would not be chargeable to tax apart from the provisions of this section—
- (a) shall be treated as the income of the owner or, in a case where the owner is not the beneficial owner of the shares and some other person (“a beneficiary”) is beneficially entitled to the income arising from the shares, the income of the beneficiary, and
- (b) shall be treated as the income of the owner or beneficiary for that chargeable period, . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) This section does not have effect in relation to a sale or transfer if the proceeds of the sale or transfer are chargeable to tax.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where—
- (a) the shares are of such a character that the distribution payable in respect thereof may be paid without deduction of income tax, and
- (b) the owner or beneficiary does not show that the proceeds of any sale or other realisation of the right to receive the distribution which is deemed to be his income by virtue of this section have been charged to income tax under Chapter 13 of Part 4 of ITTOIA 2005 (sales of foreign dividend coupons),
then that distribution shall be charged to income tax.
- (4A) The income tax chargeable by virtue of subsection (4) above shall, subject to subsection (5) below, be charged on the full amount of the distribution in the year of assessment.
- (4B) The person liable for any tax chargeable by virtue of subsection (4) above is the owner or beneficiary, but he shall be entitled to credit for any tax which the distribution is shown to have borne.
- (5) But, in any case where, if the distribution had been relevant foreign income, the computation of tax would have been made by reference to the amount received in the United Kingdom, the income tax chargeable by virtue of subsection (4) above shall be computed on the full amount of the sums which have been or will be received in the United Kingdom in the year of assessment or any subsequent year in which the owner remains the owner of the shares.
- (6) In relation to corporation tax, subsections (4) and (5) above shall not apply but, subject to the provisions of the Tax Acts about distributions, the owner or beneficiary shall, in respect of any distribution which is deemed to be his income by virtue of this section, be chargeable to corporation tax under Case VI of Schedule D unless he shows that the proceeds of any sale or other realisation of the right to receive that distribution have been charged to tax by virtue of section 18(3B).
- (7) In this section—
- “*distribution*”, in relation to shares in a company,—has the same meaning as it has in the Corporation Tax Acts (see section 209), butalso includes any amount that would be a distribution if the company paying it were resident in the United Kingdom;
- “*shares*” means shares in a company.
- (8) The Board may by notice require any person to furnish them within such time as they may direct (not being less than 28 days), in respect of all shares of which he was the owner at any time during the period specified in the notice, with such particulars as they consider necessary for the purposes of this section . . . .
### Purchase and sale of securities
#### Application and interpretation of sections 732 to 734
##### 731
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dealers in securities
##### 732
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons entitled to exemptions
##### 733
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons other than dealers in securities
##### 734
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “appropriate amount in respect of” interest
##### 735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Miscellaneous provisions relating to securities
#### Company dealing in securities: distribution materially reducing value of holding
##### 736
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Manufactured dividends: treatment of tax deducted
##### 737
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplemental
#### Power to amend sections 732, 735 and 737
##### 738
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER III — TRANSFER OF ASSETS ABROAD
#### Prevention of avoidance of income tax
##### 739
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Liability of non-transferors
##### 740
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exemption from sections 739 and 740
##### 741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 739 to 741
##### 742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplemental provisions
##### 743
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No duplication of charge
##### 744
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information
##### 745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Persons resident in the Republic of Ireland
##### 746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER IV — CONTROLLED FOREIGN COMPANIES
#### Imputation of chargeable profits and creditable tax of controlled foreign companies
##### 747
- (1) If . . . in any accounting period a company—
- (a) is resident outside the United Kingdom, and
- (b) is controlled by persons resident in the United Kingdom, and
- (c) is subject to a lower level of taxation in the territory in which it is resident,
. . . the provisions of this Chapter shall apply in relation to that accounting period.
- (1A) A company which would not, apart from this subsection, fall to be regarded as controlled by persons resident in the United Kingdom shall be taken for the purposes of this Chapter to be so controlled if—
- (a) there are two persons who, taken together, control the company;
- (b) one of those persons is resident in the United Kingdom and is a person in whose case the 40 per cent test in section 755D(3) is satisfied; and
- (c) the other is a person in whose case the 40 per cent test in section 755D(4) is satisfied.
- (1B) In determining, for the purposes of any provision of this Chapter except subsection (1)(a) above, whether a company is a person resident in the United Kingdom, section 249 of the Finance Act 1994 (under which a company is treated as non-resident if it is so treated for double taxation relief purposes) shall be disregarded.
- (2) A company which falls within paragraphs (a) to (c) of subsection (1) above is in this Chapter referred to as a “*controlled foreign company*”.
- (3) Subject to section 748, where the provisions of this Chapter apply in relation to an accounting period of a controlled foreign company, the chargeable profits of that company for that period and its creditable tax (if any) for that period shall each be apportioned in accordance with section 752 among the persons (whether resident in the United Kingdom or not) who had an interest in that company at any time during that accounting period.
- (3A) In the case of an apportionment to a company resident in the United Kingdom which has made an application under section 751A which has been granted, subsection (3) above has effect subject to that section.
- (4) Where, on such an apportionment of a controlled foreign company’s chargeable profits for an accounting period as is referred to in subsection (3) above, an amount of those profits is apportioned to a company resident in the United Kingdom then, subject to subsection (5) below—
- (a) a sum equal to corporation tax at the appropriate rate on that apportioned amount of profits, less the portion of the controlled foreign company’s creditable tax for that period (if any) which is apportioned to the resident company, shall be chargeable on the resident company as if it were an amount of corporation tax chargeable on that company; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and for the purposes of paragraph (a) above “*the appropriate rate*” means the rate of corporation tax applicable to profits of that accounting period of the resident company in which ends the accounting period of the controlled foreign company which is mentioned in subsection (1) above or, if there is more than one such rate, the average rate over the whole of that accounting period of the resident company.
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Tax shall not, by virtue of subsection (4) above, be chargeable on a company resident in the United Kingdom unless, on the apportionment in question, the aggregate of—
- (a) the amount of the controlled foreign company’s chargeable profits for the accounting period in question which is apportioned to the resident company, and
- (b) any amounts of those chargeable profits which are apportioned to persons who are connected or associated with the resident company,
is at least 25 per cent. of the total of those chargeable profits.
- (5A) Where the resident company has made an application under section 751A which has been granted, it shall be assumed for the purposes of subsection (5) above that—
- (a) each of the persons who are connected or associated with the resident company has made an application under that section to the same effect, and
- (b) all the applications have been granted.
- (6) In relation to a company resident outside the United Kingdom—
- (a) any reference in this Chapter to its chargeable profits for an accounting period is a reference to the amount which, on the assumptions in Schedule 24, would be the amount of the total profits of the company for that period on which, after allowing for any deductions available against those profits, corporation tax would be chargeable;
- (aa) any reference in this Chapter to its chargeable profits for an accounting period includes (subject to subsections (7) to (9)) income which accrues during that accounting period to the trustees of a settlement in relation to which the company is a settlor or a beneficiary; and
- (b) any reference in this Chapter to profits does not include a reference to chargeable gains but otherwise (except as provided by paragraph (a) above) has the same meaning as it has for the purposes of corporation tax.
- (7) Where there is more than one settlor or beneficiary in relation to the settlement mentioned in subsection (6)(aa), the income is to be apportioned between the company and the other settlors or beneficiaries on a just and reasonable basis.
- (8) Where income within subsection (6)(aa) is included in the chargeable profits of a company, any dividend or other distribution received by the company which derives from that income is not included in the chargeable profits of the company to the extent that it is so derived.
- (9) Any income within subsection (6)(aa) which would (apart from this subsection)—
- (a) be included in the chargeable profits of a company which is a beneficiary in relation to a settlement and apportioned under subsection (3), and
- (b) be included in the chargeable profits of a company which is a settlor in relation to the settlement and apportioned under that subsection,
is not to be included in the chargeable profits of the company which is a settlor.
#### Limitations on direction-making power
##### 748
- (1) No apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company if—
- (a) in respect of that period the company pursues, within the meaning of Part 1 of Schedule 25, an acceptable distribution policy; or
- (b) throughout that period the company is, within the meaning of Part II of that Schedule, engaged in exempt activities; or
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the chargeable profits of the accounting period do not exceed £50,000 or, if the accounting period is less than 12 months, a proportionately reduced amount; or
- (e) as respects the accounting period, the company is, within the meaning of regulations made by the Board for the purposes of this paragraph, resident in a territory specified in the regulations and satisfies—
- (i) such conditions with respect to its income or gains as may be so specified; and
- (ii) such other conditions (if any) as may be so specified.
- (1A) Regulations under paragraph (e) of subsection (1) above may—
- (a) make different provision for different cases or with respect to different territories;
- (b) make provision having effect in relation to accounting periods of controlled foreign companies ending not more than one year before the date on which the regulations are made; and
- (c) contain such supplementary, incidental, consequential and transitional provision as the Board may think fit.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Notwithstanding that none of paragraphs (a) to (e) of subsection (1) above applies to an accounting period of a controlled foreign company, no apportionment under section 747(3) falls to be made as regards that accounting period if it is the case that—
- (a) in so far as any of the transactions the results of which are reflected in the profits arising in that accounting period, or any two or more transactions taken together, the results of at least one of which are so reflected, achieved a reduction in United Kingdom tax, either the reduction so achieved was minimal or it was not the main purpose or one of the main purposes of that transaction or, as the case may be, of those transactions taken together to achieve that reduction, and
- (b) it was not the main reason or, as the case may be, one of the main reasons for the company’s existence in that accounting period to achieve a reduction in United Kingdom tax by a diversion of profits from the United Kingdom,
and Part IV of Schedule 25 shall have effect with respect to the preceding provisions of this subsection.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) This section is subject to section 748A.
#### Residence and interest
##### 749
- (1) Subject to subsections (2) to (4) and (6) below, in any accounting period in which a company is resident outside the United Kingdom, it shall be regarded for the purposes of this Chapter as resident in that territory in which, throughout that period, it is liable to tax by reason of domicile, residence or place of management.
- (2) If, in the case of any company,—
- (a) there are in any accounting period two or more territories falling within subsection (1) above, and
- (b) no election or designation made under paragraph (d) or (e) of subsection (3) below in relation to an earlier accounting period of the company has effect by virtue of section 749A(1) in relation to that accounting period,
subsection (3) below shall apply with respect to that company and that accounting period.
- (3) Where this subsection applies, the company shall in that accounting period be regarded for the purposes of this Chapter as resident in only one of those territories, namely—
- (a) if, throughout the accounting period, the company’s place of effective management is situated in one of those territories only, in that territory;
- (b) if, throughout the accounting period, the company’s place of effective management is situated in two or more of those territories, in that one of them in which, at the end of the accounting period, the greater amount of the company’s assets is situated;
- (c) if neither paragraph (a) nor paragraph (b) above applies, in that one of the territories falling within subsection (1) above in which, at the end of the accounting period, the greater amount of the company’s assets is situated;
- (d) if—
- (i) paragraph (a) above does not apply, and
- (ii) neither paragraph (b) nor paragraph (c) above produces one, and only one, of those territories,
in that one of them (if any) which is specified in an election made in relation to that accounting period by any one or more persons who together have a majority assessable interest in the company in that accounting period; and
- (e) if, in a case falling within paragraph (d) above, the time by which any election under that paragraph in relation to that accounting period must be made in accordance with section 749A(3)(b) expires without such an election having been made, in that one of those territories which the Board justly and reasonably designates in relation to that accounting period.
- (4) If, in the case of any company,—
- (a) there are in any accounting period two or more territories falling within subsection (1) above, and
- (b) an election or designation made under paragraph (d) or (e) of subsection (3) above in relation to an earlier accounting period of the company has effect by virtue of section 749A(1) in relation to the accounting period mentioned in paragraph (a) above,
the company shall in that accounting period be regarded for the purposes of this Chapter as resident in that one of those territories which is the subject of the election or designation.
- (5) If, in the case of any company, there is in any accounting period no territory falling within subsection (1) above, then, for the purposes of this Chapter, it shall be conclusively presumed that the company is in that accounting period resident in a territory in which it is subject to a lower level of taxation.
- (6) In any case where it becomes necessary for the purposes of subsection (3) above to determine in which of two or more territories the greater amount of a company’s assets is situated at the end of an accounting period—
- (a) account shall be taken only of those assets which, immediately before the end of that period, are situated in those territories; and
- (b) the amount of them shall be determined by reference to their market value at that time.
- (7) This section is without prejudice to the provision that may be made in regulations under section 748(1)(e).
- (8) For the purposes of this section, one or more persons together have a “majority assessable interest" in a controlled foreign company in an accounting period of the company if—
- (a) each of them has an assessable interest in the company in that accounting period; and
- (b) it is likely that, were an apportionment of the chargeable profits of the company for that accounting period made under section 747(3), the aggregate of the amounts which would be apportioned to them is greater than 50 per cent. of the aggregate of the amounts which would be apportioned to all the persons who have an assessable interest in the company in that accounting period.
- (9) For the purposes of subsection (8) above, a person has an “assessable interest" in a controlled foreign company in an accounting period of the company if he is one of the persons who it is likely would be chargeable to tax under section 747(4)(a) on an apportionment of the chargeable profits and creditable tax (if any) of the company for that accounting period under section 747(3).
- (10) For the purposes of subsection (8) and (9) above, the effect of any application under section 751A shall be disregarded.
#### Territories with a lower level of taxation
##### 750
- (1) Without prejudice to subsection (5) of section 749, a company which, by virtue of any of subsections (1) to (4) of that section, is to be regarded as resident in a particular territory outside the United Kingdom shall be considered to be subject to a lower level of taxation in that territory if , after giving effect to subsections (1A) and (1B) below, the amount of tax (“the local tax”) which is paid under the law of that territory in respect of the profits of the company which arise in any accounting period is less than three-quarters of the corresponding United Kingdom tax on those profits.
- (1A) If in the case of that accounting period there is any income, or any income and any expenditure, of the company—
- (a) which is brought into account in determining the profits of the company in respect of which tax is paid under the law of that territory, but
- (b) which does not also fall to be brought into account in determining the chargeable profits of the company,
the local tax shall be treated for the purposes of this Chapter as reduced to what it would have been had that income and any such expenditure not been so brought into account.
- (1B) If—
- (a) under the law of that territory any tax (“the company's tax”) falls to be paid by the company in respect of profits of the company arising in that accounting period,
- (b) under that law, any repayment of tax, or any payment in respect of a credit for tax, is made to a person other than the company, and
- (c) that payment or repayment is directly or indirectly in respect of the company's tax,
the local tax shall be treated for the purposes of this Chapter as reduced (or further reduced) by the amount of that payment or repayment.
- (2) For the purposes of this Chapter, the amount of the corresponding United Kingdom tax on the profits arising in an accounting period of a company resident outside the United Kingdom is the amount of corporation tax which, on the assumptions set out in Schedule 24 and subject to subsection (3) below, would be chargeable in respect of the chargeable profits of the company for that accounting period.
- (3) In determining the amount of corporation tax which, in accordance with subsection (2) above, would be chargeable in respect of the chargeable profits of an accounting period of a company resident outside the United Kingdom—
- (a) it shall be assumed for the purposes of Schedule 24 that an apportionment under section 747(3) falls to be made as regards that period; and
- (ab) there shall be disregarded the effect of any application under section 751A; and
- (b) there shall be disregarded so much of any relief from corporation tax in respect of income as would be attributable to the local tax and would fall to be given by virtue of any provision of Part XVIII . . . ; and
- (c) there shall be deducted from what would otherwise be the amount of that corporation tax—
- (i) any amount which (on the assumptions set out in Schedule 24) would fall to be set off against corporation tax by virtue of section 7(2); and
- (ii) any amount of income tax or corporation tax actually charged in respect of any of those chargeable profits.
- (4) The references in subsection (3)(c) above to an amount falling to be set off or an amount actually charged do not include so much of any such amount as has been or falls to be repaid to the company whether on the making of a claim or otherwise.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods and creditable tax
##### 751
- (1) For the purposes of this Chapter, an accounting period of a company resident outside the United Kingdom shall begin—
- (a) whenever the company comes under the control of persons resident in the United Kingdom;
- (b) whenever the company . . . commences to carry on business unless an accounting period of the company has previously begun as respects which an apportionment under section 747(3) falls or has fallen to be made; and
- (c) whenever an accounting period of the company ends without the company then ceasing either to carry on business or to have any source of income whatsoever.
- (2) For the purposes of this Chapter, an accounting period of a company resident outside the United Kingdom shall end if and at the time when—
- (a) the company ceases to be under the control of persons resident in the United Kingdom; or
- (b) the company becomes, or ceases to be, liable to tax in a territory; or
- (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the company ceases to have any source of income whatsoever;
and for the purposes of paragraph (b) above “*liable to tax*” means liable to tax by reason of domicile, residence or place of management.
- (3) Without prejudice to subsections (1) and (2) above, subsections (3), (5) and (7) of section 12 shall apply for the purposes of this Chapter as they apply for the purposes of corporation tax, but with the omission of so much of those provisions as relates to a company coming or ceasing to be within the charge to corporation tax.
- (4) Where it appears to the Board that the beginning or end of any accounting period of a company resident outside the United Kingdom is uncertain, the Board may by notice specify as an accounting period of the company such period, not exceeding 12 months, as appears to the Board to be appropriate, and that period shall be treated for the purposes of this Chapter as an accounting period of the company unless the notice is subsequently amended under subsection (5) below.
- (5) If, on further facts coming to the knowledge of the Board after the giving of a notice under subsection (4) above, it appears to the Board that any accounting period specified in the notice is not the true accounting period, the Board shall amend the notice so as to specify the true period.
- (5A) Any notice under subsection (4) above, and notice of any amendment of such a notice under subsection (5) above, shall be given to every person who has an assessable interest (as defined in section 749(9)) in the company in the accounting period in question.
- (6) In this Chapter, in relation to an accounting period of a controlled foreign company as regards which an apportionment under section 747(3) falls to be made, the creditable tax means the aggregate of—
- (a) the amount of any relief from corporation tax in respect of income which (on the assumptions set out in Schedule 24 and assuming the company to be liable for corporation tax on the chargeable profits of that accounting period) would fall to be given to the company by virtue of any provision of Part XVIII in respect of foreign tax attributable to any income which is brought into account in determining those chargeable profits; and
- (b) any amount which (on those assumptions) would fall to be set off against corporation tax on those chargeable profits by virtue of section 7(2); and
- (c) the amount of any income tax or corporation tax actually charged in respect of the chargeable profits of that accounting period, less any of that tax which has been or falls to be repaid to the company, whether on the making of a claim or otherwise.
#### Apportionment of chargeable profits and creditable tax
##### 752
- (1) This section applies in any case where an apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company.
- (2) Where—
- (a) the persons who have relevant interests in the controlled foreign company at any time in the relevant accounting period have those interests by virtue only of directly or indirectly holding ordinary shares of the company,
- (b) each of those persons satisfies the condition that he is either—
- (i) resident in the United Kingdom throughout that accounting period, or
- (ii) resident in the United Kingdom at no time in that accounting period, and
- (c) no company which has an intermediate interest in the controlled foreign company at any time in the relevant accounting period has that interest otherwise than by virtue of directly or indirectly holding ordinary shares of the controlled foreign company,
subsection (3) below shall apply.
- (3) Where this subsection applies, the apportionment of the controlled foreign company’s chargeable profits and creditable tax (if any) for the relevant accounting period shall be made among the persons who have relevant interests in the company at any time in that period in direct proportion to the percentage of the issued ordinary shares of the controlled foreign company which, in accordance with section 752B, each of those relevant interests represents.
- (4) Where subsection (3) above does not apply, the apportionment of the controlled foreign company’s chargeable profits and creditable tax (if any) for the relevant accounting period shall be made on a just and reasonable basis among the persons who have relevant interests in the company at any time in that period.
#### Notices and appeals
##### 753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Assessment, recovery and postponement of tax
##### 754
- (1) Subject to the following provisions of this section, the provisions of section 747(4)(a) relating to the charging of a sum as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Acts, and to any necessary modifications, all enactments applying generally to corporation tax, including those relating to company tax returns, those relating to the assessing, collecting and receiving of corporation tax, those conferring or regulating a right of appeal and those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.
- (1A) Accordingly (but without prejudice to subsection (1) above) the Management Act shall have effect as if—
- (a) any reference to corporation tax included a reference to a sum chargeable under section 747(4)(a) as if it were an amount of corporation tax; and
- (b) any reference to profits of a company included a reference to an amount of chargeable profits of a controlled foreign company which falls to be apportioned to a company under section 747(3).
- (2) For the purposes of the Taxes Acts, any sum chargeable on a company under section 747(4)(a) is chargeable for the accounting period of the company in which ends that one of the controlled foreign company’s accounting periods the chargeable profits of which give rise to that sum.
- (2A) Where—
- (a) an apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company, and
- (b) the apportionment falls to be made in accordance with section 752(4) on a just and reasonable basis, and
- (c) a company tax return is made or amended using for the apportionment a particular basis adopted by the company making the return,
the Board may determine that another basis is to be used for the apportionment.
- (2B) For the purposes of subsection (2A) above, the Board may by notice require the company making the return—
- (a) to produce to them such documents in the company’s power or possession, and
- (b) to provide them with such information, in such form,
as they may reasonably require for the purpose of determining the basis which is to be used for making the apportionment.
- (2C) The provisions of paragraphs 27 to 29 of Schedule 18 to the Finance Act 1998 (notice to produce documents etc for the purposes of enquiry: supplementary provisions and penalty) shall apply in relation to a notice under subsection (2B) above.
- (2D) Once the Board have determined under subsection (2A) above the basis to be used for the apportionment, matters shall proceed as if that were the only basis allowed by the Tax Acts.
- (2E) A determination under subsection (2A) above may be questioned on an appeal against an amendment, made under paragraph 30 or 34(2) of Schedule 18 to the Finance Act 1998, of the company’s company tax return, but only on the ground that the basis of apportionment determined by the Board is not just and reasonable.
- (3) Where any appeal—
- (a) under paragraph 34(3) of Schedule 18 to the Finance Act 1998 against an amendment of a company tax return, or
- (b) under paragraph 48 of that Schedule against a discovery assessment or discovery determination under paragraph 41 of that Schedule (including an assessment by virtue of paragraph 52 of that Schedule),
involves any question concerning the application of this Chapter in relation to any particular person, that appeal shall be to the Special Commissioners.
- (3A) Where—
- (a) any such question as is mentioned in subsection (3) above falls to be determined by the Special Commissioners for the purposes of any proceedings before them, and
- (b) the question is one whose resolution is likely to affect the liability of more than one person under this Chapter in respect of the controlled foreign company concerned,
subsection (3B) below shall apply.
- (3B) Where this subsection applies—
- (a) each of the persons whose liability under this Chapter in respect of the controlled foreign company concerned is likely to be affected by the resolution of the question shall be entitled to appear and be heard by the Special Commissioners, or to make representations to them in writing;
- (b) the Special Commissioners shall determine that question separately from any other questions in those proceedings; and
- (c) their determination on that question shall have effect as if made in an appeal to which each of those persons was a party.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Schedule 26 shall have effect with respect to the reliefs which may be claimed by a company resident in the United Kingdom which has a liability for tax in respect of an amount of chargeable profits; and no reliefs other than those provided for by that Schedule shall be allowed against any such liability.
- (6) In any case where—
- (a) the whole or any part of the tax chargeable on a company (“the chargeable company”) by virtue of section 747(4)(a) is not paid before the date on which it is due and payable in accordance with this Act or, as the case may be, the Management Act; and
- (b) the Board serve a notice of liability to tax under this subsection on another company (“the responsible company”) which is resident in the United Kingdom and holds or has held (whether directly or indirectly) the whole or any part of the same interest in the controlled foreign company as is or was held by the chargeable company,
the whole or, as the case may be, the corresponding part of the tax chargeable on the chargeable company or, as the case may be, so much of it as remains unpaid shall be payable by the responsible company upon service of the notice.
- (7) Where a notice of liability is served under subsection (6) above—
- (a) the whole, or (as the case may be) the corresponding part, of any interest due on the tax chargeable on the chargeable company and not paid; and
- (b) any interest accruing due on that tax after the date of service,
shall be payable by the responsible company (so far as referable to tax payable by the responsible company by virtue of the notice).
- (8) In any case where—
- (a) a notice of liability is served on the responsible company under subsection (6) above, and
- (b) the relevant tax and any interest payable by the responsible company under subsection (7) above is not paid by that company before the expiry of the period of three months beginning on the date of service of the notice,
that tax and interest may, without prejudice to the right of recovery from the responsible company, be recovered from the chargeable company.
- (9) In this section “*the Taxes Acts*” has the same meaning as in the Management Act.
#### Information relating to controlled foreign companies
##### 755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation and construction of Chapter IV
##### 756
- (1) In this Chapter—
- “*company tax return*” means a return required to be made under Schedule 18 to the Finance Act 1998;
- “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades.
- (1A) In this Chapter “*EEA territory*”, in relation to any time, means a territory which is an EEA state at that time other than the United Kingdom.
- (1B) But a territory is not to be regarded for the purposes of subsection (1A) above as an EEA state at any time if—
- (a) it is not a member State at that time, and
- (b) there are no arrangements made in relation to the territory having effect by virtue of section 173 of the Finance Act 2006 (international tax enforcement arrangements) at that time.
- (2) For the purposes of this Chapter—
- (a) section 839 applies; and
- (b) subsection (10) of section 783 applies as it applies for the purposes of that section.
- (3) The following provisions of Part XI apply for the purposes of this Chapter as they apply for the purposes of that Part—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) section 417(7) to (9);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
### CHAPTER V — OFFSHORE FUNDS
### Material interests in non-qualifying offshore funds
#### Disposal of material interests in non-qualifying offshore funds
##### 757
- (1) This Chapter applies to a disposal by any person of an asset if—
- (a) at the time of the disposal, the asset constitutes a material interest in an offshore fund which is or has at any material time been a non-qualifying offshore fund; or
- (b) at the time of the disposal, the asset constitutes an interest in a company resident in the United Kingdom or in a unit trust scheme, the trustees of which are at that time resident in the United Kingdom and at a material time after 31st December 1984 the interest was a material interest in a non-qualifying offshore fund;
and for the purpose of determining whether the asset disposed of falls within paragraph (b) above, section 127 of the 1992 Act (equation of original shares and new holding) shall have effect as it has effect for the purposes of that Act.
- (1A) But this Chapter does not apply to disposals of assets of an insurance company's long-term insurance fund.
- (2) Subject to the following provisions of this section and section 758, there is a disposal of an asset for the purposes of this Chapter if there would be such a disposal for the purposes of the 1992 Act.
- (3) Notwithstanding anything in paragraph (b) of subsection (1) of section 62 of the 1992 Act (general provisions applicable on death: no deemed disposal by the deceased) where a person dies and the assets of which he was competent to dispose include an asset which is or has at any time been a material interest in a non-qualifying offshore fund, then, for the purposes of this Chapter, other than section 758—
- (a) immediately before the acquisition referred to in paragraph (a) of that subsection, that interest shall be deemed to be disposed of by the deceased for such a consideration as is mentioned in that subsection; but
- (b) nothing in this subsection affects the determination, in accordance with subsection (1) above, of the question whether that deemed disposal is one to which this Chapter applies.
- (4) Subject to subsection (3) above, section 62 of the 1992 Act applies for the purposes of this Chapter as it applies for the purposes of that Act, and the reference in that subsection to the assets of which a deceased person was competent to dispose shall be construed in accordance with subsection (10) of that section.
- (5) Section 135 of the 1992 Act (exchange of securities for those in another company treated as not involving a disposal) does not apply for the purposes of this Chapter to the extent that—
- (a) the interest in the entity that is company A for the purposes of that section that is exchanged is or was at a material time an interest in a non-qualifying offshore fund, and
- (b) the interest in the entity that is company B for those purposes that is exchanged is not an interest in such a fund.
In a case where that section would apply apart from this subsection, the exchange in question (of interests in or of an entity that are or were at a material time interests in a non-qualifying offshore fund) shall for the purposes of this Chapter constitute a disposal of interests in the offshore fund for a consideration equal to their market value at the time of the exchange.
- (6) Section 136 of the 1992 Act (scheme of reconstruction involving issue of securities treated as exchange not involving disposal) does not apply for the purposes of this Chapter to the extent that—
- (a) the interest in the entity that is company A for the purposes of that section that is exchanged is or was at a material time an interest in a non-qualifying offshore fund, and
- (b) the interest in the entity that is company B for those purposes that is exchanged is not an interest in such a fund.
In a case where that section would apply apart from this subsection, the deemed exchange in question (of interests in or of an entity that are or were at a material time interests in a non-qualifying offshore fund) shall for the purposes of this Chapter constitute a disposal of interests in the offshore fund for a consideration equal to their market value at the time of the deemed exchange.
- (7) For the purposes of this section—
- (a) a material time, in relation to the disposal of an asset, is any time on or after the earliest date on which any relevant consideration was given for the acquisition of the asset or, if that date is earlier than 1st January 1984, any time on or after 1st January 1984; and
- (b) “*relevant consideration*” means consideration which, assuming the application to the disposal of Chapter III of Part II of the 1992 Act, would fall to be taken into account in determining the amount of the gain or loss accruing on the disposal, whether that consideration was given by or on behalf of the person making the disposal or by or on behalf of a predecessor in title of his whose acquisition cost represents, directly or indirectly, the whole or any part of the acquisition cost of the person making the disposal.
#### Offshore funds operating equalisation arrangements
##### 758
- (1) For the purposes of this Chapter, an offshore fund operates equalisation arrangements if, and at a time when, arrangements are in existence which have the result that where—
- (a) a person acquires by way of initial purchase a material interest in the fund at some time during a period relevant to the arrangements; and
- (b) the fund makes a distribution for a period which begins before the date of his acquisition of that interest;
the amount of that distribution which is paid to him (assuming him still to retain that interest) will include a payment of capital which is debited to an account maintained under the arrangements (“the equalisation account”) and which is determined by reference to the income which had accrued to the fund at the date of his acquisition.
- (2) For the purposes of this section, a person acquires an interest in an offshore fund by way of initial purchase if—
- (a) his acquisition is by way of subscription for or allotment of new shares, units or other interests issued or created by the fund; or
- (b) his acquisition is by way of direct purchase from the persons concerned with the management of the fund and their sale to him is made in their capacity as managers of the fund.
- (3) Without prejudice to section 757(1), this Chapter applies, subject to the following provisions of this section, to a disposal by any person of an asset if—
- (a) at the time of the disposal, the asset constitutes a material interest in an offshore fund which at that time is operating equalisation arrangements; and
- (b) the fund is not and has not at any material time (within the meaning of section 757(7)) been a non-qualifying offshore fund; and
- (c) the proceeds of the disposal do not fall to be taken into account as a trading receipt.
- (4) This Chapter does not, by virtue of subsection (3) above, apply to a disposal if—
- (a) it takes place during such a period as is mentioned in subsection (1)(a) above; and
- (b) throughout so much of that period as precedes the disposal, the income of the offshore fund concerned has been of such a nature as is referred to in paragraph 3(1) of Schedule 27.
- (5) An event which, apart from section 127 of the 1992 Act (reorganisations etc.), would constitute a disposal of an asset shall constitute such a disposal for the purpose of determining whether, by virtue of subsection (3) above, there is a disposal to which this Chapter applies.
- (6) The reference in subsection (5) above to section 127 of the 1992 Act includes a reference to that section as applied by any provision of Chapter 2 of Part 4 of that Act.
- (7) The Treasury may make provision by regulations as to the application of the provisions of this section in relation to—
- (a) a part of an umbrella fund which is treated as an offshore fund under section 756B, or
- (b) a class of interest in an offshore fund which is treated as an offshore fund under section 756C.
- (8) Regulations under subsection (7) may—
- (a) make different provision for different cases, and
- (b) include such supplementary, incidental, consequential or transitional provisions (including provisions modifying the effect of other enactments) as appear to the Treasury to be necessary or expedient.
#### Material interests in offshore funds
##### 759
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Subject to the following provisions of this section, a person’s interest in an offshore fund is a material interest if, at the time when he acquired the interest, it could reasonably be expected that, at some time during the period of seven years beginning at the time of his acquisition, he would be able to realise the value of the interest (whether by transfer, surrender or in any other manner).
- (3) For the purposes of subsection (2) above, a person is at any time able to realise the value of an interest if at that time he can realise an amount which is reasonably approximate to that portion which the interest represents (directly or indirectly) of the market value at that time of the assets of the fund.
- (4) For the purposes of subsections (2) and (3) above—
- (a) a person is able to realise a particular amount if he is able to obtain that amount either in money or in the form of assets to the value of that amount; and
- (b) if at any time an interest in an offshore fund has a market value which is substantially greater than the portion which the interest represents, as mentioned in subsection (3) above, of the market value at that time of the assets concerned, the ability to realise such a market value of the interest shall not be regarded as an ability to realise such an amount as is referred to in that subsection.
- (5) An interest in an offshore fund is not a material interest if—
- (a) it is an interest in respect of any loan capital or debt issued or incurred for money which, in the ordinary course of a business of banking, is lent by a person carrying on that business; or
- (b) it is a right arising under a policy of insurance.
- (6) Shares in a company that is not resident in the United Kingdom(an “overseas company”) do not constitute a material interest in an offshore fund if—
- (a) the shares are held by a company and the holding of them is necessary or desirable for the maintenance and development of a trade carried on by the company or a company associated with it; and
- (b) the shares confer at least 10 per cent. of the total voting rights in the overseas company and a right, in the event of a winding-up, to at least 10 per cent. of the assets of that company remaining after the discharge of all liabilities having priority over the shares; and
- (c) not more than ten persons hold shares in the overseas company and all the shares in that company confer both voting rights and a right to participate in the assets on a winding-up; and
- (d) at the time of its acquisition of the shares, the company had such a reasonable expectation as is referred to in subsection (2) above by reason only of the existence of—
- (i) an arrangement under which, at some time within the period of seven years beginning at the time of acquisition, that company may require the other participators to purchase its shares; or
- (ii) provisions of either an agreement between the participators or the constitution of the overseas company under which the company will be wound up within a period which is, or is reasonably expected to be, shorter than the period referred to in subsection (2) above; or
- (iii) both such an arrangement and such provisions;
and in this paragraph “*participators*” means the persons holding shares falling within paragraph (c) above.
- (7) For the purposes of subsection (6)(a) above, a company is associated with another company if one of them has control of the other within the meaning of section 416 or both of them are under the control, within the meaning of that section, of the same person or persons.
- (8) An interest in a company that is not resident in the United Kingdom is not a material interest in an offshore fund at any time when the following conditions are satisfied, namely—
- (a) that the holder of the interest has the right to have the company wound up; and
- (b) that, in the event of a winding up, the holder is, by virtue of the interest and any other interest which he then holds in the same capacity, entitled to more than 50 per cent. of the assets remaining after the discharge of all liabilities having priority over the interest or interests concerned.
- (9) The market value of any asset for the purposes of this Chapter shall be determined in like manner as it would be determined for the purposes of the 1992 Act except that, in the case of an interest in an offshore fund for which there are separate published buying and selling prices, section 272(5) of that Act (meaning of “*market value*” in relation to rights of unit holders in a unit trust scheme) shall apply with any necessary modifications for determining the market value of the interest for the purposes of this Chapter.
#### Non-qualifying offshore funds
##### 760
- (1) For the purposes of this Chapter, an offshore fund is a non-qualifying fund except during an account period of the fund in respect of which the fund is certified by the Board as a distributing fund.
- (2) An offshore fund shall not be certified as a distributing fund in respect of any account period unless, with respect to that period, the fund pursues a full distribution policy, within the meaning of Part I of Schedule 27.
- (3) Subject to Part II of that Schedule, an offshore fund shall not be certified as a distributing fund in respect of any account period if, at any time in that period—
- (a) more than 5 per cent. by value of the assets of the fund consists of interests in other offshore funds; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) For the purposes of this Chapter, an account period of an offshore fund shall begin—
- (a) whenever the fund begins to carry on its activities; and
- (b) whenever an account period of the fund ends without the fund then ceasing to carry on its activities.
- (9) For the purposes of this Chapter, an account period of an offshore fund shall end on the first occurrence of any of the following—
- (a) the expiration of 12 months from the beginning of the period;
- (b) an accounting date of the fund or, if there is a period for which the fund does not make up accounts, the end of that period; and
- (c) the fund ceasing to carry on its activities.
- (10) For the purposes of this Chapter—
- (a) an account period of an offshore fund which is a company that is not resident in the United Kingdom shall end if, and at the time when, the company ceases to be resident outside the United Kingdom; and
- (b) an account period of an offshore fund which is a unit trust scheme of which the trustees are not resident in the United Kingdom shall end if, and at the time when, the trustees of the scheme become resident in the United Kingdom.
- (10A) For the purposes of this Chapter, in relation to—
- (a) a part of an umbrella fund which is treated as an offshore fund under section 756B, or
- (b) a class of interest in an offshore fund which is treated as an offshore fund under section 756C,
references to an account period of the offshore fund are to an account period of the umbrella fund or the main fund (as the case may be).
- (11) The provisions of Part III of Schedule 27 shall have effect with respect to the procedure for and in connection with the certification of an offshore fund as a distributing fund, and the supplementary provisions in Part IV of that Schedule shall have effect.
### Charge to tax of offshore income gains
#### Charge to income tax or corporation tax of offshore income gain
##### 761
- (1) If a disposal to which this Chapter applies gives rise in accordance with section 758 or Schedule 28 to an offshore income gain, then, subject to the provisions of this section, the amount of that gain—
- (a) shall be treated for all the purposes of the Tax Acts as income arising at the time of the disposal to the person making the disposal, and
- (b) shall be charged—
- (i) to income tax for the year of assessment in which the disposal is made, or
- (ii) to corporation tax as a profit or gain under Case VI of Schedule D for the accounting period in which the disposal is made.
- (1A) The income tax charged by virtue of subsection (1)(b)(i) above shall be charged on the full amount of the income treated as arising in the year of assessment.
- (2) Subject to subsection (3) below, sections 2(1), 10 and 10Bof the 1992 Act (persons chargeable to tax in respect of chargeable gains) and section 11(2A)(c) shall have effect in relation to income tax or corporation tax in respect of offshore income gains as they have effect in relation to capital gains tax or corporation tax in respect of chargeable gains.
- (3) In the application of sections 10 and 10Bof the 1992 Act in accordance with subsection (2) above, paragraphs (a) and (b) of subsection (1) of section 10 (which define the assets on the disposal of which chargeable gains are taxable) shall have effect with the omission of the words “situated in the United Kingdom and” and paragraphs (a) and (b) of subsection (1) of section 10B (which make similar provision in relation to corporation tax) shall have effect with the omission of the words “situated in the United Kingdom and”.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsections (1)(b) and (1A) are subject to section 762ZB (income treated as arising: non-UK domiciled individuals to whom remittance basis applies).
- (6) A charitable company shall be exempt from corporation tax in respect of an offshore income gain if the gain is applicable and applied for charitable purposes . . . .
- (6A) See section 535 of ITA 2007 for an exemption for income tax purposes for offshore income gains accruing to a charitable trust.
- (6B) If property held on charitable trusts ceases to be subject to charitable trusts and that property represents directly or indirectly an offshore income gain, the trustees shall be treated as if they had disposed of and immediately reacquired that property for a consideration equal to its market value, any gain (calculated in accordance with Schedule 28) accruing being treated as an offshore income gain not accruing to a charity.
- (6C) In this section “*charity*” and “*charitable company*” have the same meaning as in section 506 and “*market value*” has the same meaning as in the 1992 Act.
- (7) In any case where—
- (a) a disposal to which this Chapter applies is a disposal of settled property, within the meaning of the 1992 Act, and
- (b) at the time of the disposal referred to in paragraph (a) above the trustees of the settlement are neither resident nor ordinarily resident in the United Kingdom for the purposes of the 1992 Act,
subsection (1) above shall not apply in relation to any offshore income gain to which the disposal gives rise.
- (8) Nothing in subsection (7) affects the application of this section in relation to an offshore income gain treated as arising by virtue of section 762(3).
#### Offshore income gains accruing to persons resident or domiciled abroad
##### 762
- (1) Section 13 of the 1992 Act (chargeable gains accruing to certain non-resident companies) shall have effect in relation to offshore income gains subject to the following modifications—
- (a) for any reference to a chargeable gain there shall be substituted a reference to an offshore income gain;
- (aa) any reference to anything accruing is to be read as a reference to it arising (and similar references are to be read accordingly);
- (b) for the reference in subsection (7) to capital gains tax there shall be substituted a reference to income tax or corporation tax; and
- (c) paragraphs (b) and (c) of subsection (5) and subsection (8) shall be omitted.
- (2) If—
- (a) offshore income gains arise to the trustees of a settlement in a tax year, and
- (b) section 87 of the 1992 Act (gains of non-resident settlements) applies to the settlement for that year,
the OIG amount for the settlement for that year is the amount of the offshore income gains.
- (3) Sections 87, 87A, 87C to 90 and 96 to 98 of, and Schedule 4C to, the 1992 Act apply in relation to OIG amounts as if—
- (a) references to section 2(2) amounts (except those in paragraph 7B(2)(b) and (4) of Schedule 4C) were to OIG amounts,
- (b) references to chargeable gains (except the one in paragraph 1(5) of Schedule 4C) were to offshore income gains,
- (c) references to anything accruing were to it arising (and similar references, except the one in paragraph 1(5) of Schedule 4C, were read accordingly), and
- (d) sections 87(4), 88(2) to (5), 89(4) and 97(6) and paragraphs 1(3A), 3 to 7, 8AA, 12 and 13 of Schedule 4C were omitted.
- (4) Section 87A of the 1992 Act applies for a tax year by virtue of subsection (3) before it applies for that year otherwise than by virtue of that subsection.
- (5) If, by virtue of subsection (1) or (3), offshore income gains are treated as arising to a person, for the purposes of section 761 as it applies in relation to the offshore income gains treat the person as having made the disposal in question.
- (6) To the extent that an offshore income gain is treated, by virtue of subsection (1) or (3), as having arisen to any person resident or ordinarily resident in the United Kingdom, that gain shall not be deemed to be the income of any individual for the purposes of . . . any provision of Chapter 5 of Part 5 of ITTOIA 2005.
#### Deduction of offshore income gain in determining capital gain
##### 763
- (1) The provisions of this section apply where a disposal to which this Chapter applies gives rise to an offshore income gain; and, if that disposal also constitutes the disposal of the interest concerned for the purposes of the 1992 Act, then that disposal is in the following provisions of this section referred to as the 1992 Act disposal.
- (2) So far as relates to an offshore income gain which arises on a material disposal (within the meaning of Part I of Schedule 28), subsections (3) and (4) below shall have effect in relation to the 1992 Act disposal in substitution for section 37(1) of that Act (deduction of consideration chargeable to tax on income).
- (3) Subject to the following provisions of this section, in the computation of the gain accruing on the 1992 Act disposal, a sum equal to the offshore income gain shall be deducted from the sum which would otherwise constitute the amount or value of the consideration for the disposal.
- (4) Where the 1992 Act disposal is of such a nature that, by virtue of section 42 of that Act (part disposals) an apportionment falls to be made of certain expenditure, no deduction shall be made by virtue of subsection (3) above in determining, for the purposes of the fraction in subsection (2) of that section, the amount or value of the consideration for the disposal.
- (5) If the 1992 Act disposal forms part of a transfer to which section 162 of that Act applies (roll-over relief on transfer of business in exchange wholly or partly for shares) then, for the purposes of subsection (4) of that section (determination of the amount of the deduction from the gain on the old assets) “B” in the fraction in that subsection (the value of the whole of the consideration received by the transferor in exchange for the business) shall be taken to be what it would be if the value of the consideration other than shares so received by the transferor were reduced by a sum equal to the offshore income gain.
- (6) Where the disposal to which this Chapter applies constitutes such a disposal by virtue of section 757(5) or (6) or 758(5), the 1992 Act shall have effect as if an amount equal to the offshore income gain to which the disposal gives rise were given (by the person making the exchange concerned) as consideration for the new holding, within the meaning of section 128 of that Act (consideration given or received for new holding on a reorganisation).
- (6A) Where the disposal to which this Chapter applies constitutes such a disposal by virtue of section 762A (exchange of interests of different classes), the 1992 Act shall have effect as if an amount equal to the offshore income gain to which that disposal gives rise were given (by the person making the exchange) as consideration for the new holding (within the meaning of section 128 of that Act (consideration given or received for new holding on a reorganisation)).
- (7) In any case where—
- (a) a disposal to which this Chapter applies by virtue of subsection (3) of section 758 is made otherwise than to the offshore fund concerned or the persons referred to in subsection (2)(b) of that section; and
- (b) subsequently, a distribution which is referable to the asset disposed of is paid either to the person who made the disposal or to a person connected with him; and
- (c) the disposal gives rise (in accordance with Part II of Schedule 28) to an offshore income gain;
then, for the purposes of the Tax Acts, the amount of the first distribution falling within paragraph (b) above shall be taken to be reduced or, as the case may be, extinguished by deducting therefrom an amount equal to the offshore income gain referred to in paragraph (c) above and, if that amount exceeds the amount of that first distribution, the balance shall be set against the second and, where necessary, any later distribution falling within paragraph (b) above, until the balance is exhausted.
- (8) For the purposes of subsection (7)(b) above, whether the person who made the disposal is connected with another person is determined in accordance with section 839.
#### Offshore income gains of trustees
##### 764
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER VI — MISCELLANEOUS
### Migration etc. of company
#### Migration etc.of companies
##### 765
- (1) Subject to the provisions of this section and section 765A, all transactions of the following classes shall be unlawful unless carried out with the consent of the Treasury, that is to say—
- (a) *for a body corporate resident in the United Kingdom to cease to be so resident; or*
- (b) *for the trade or business or any part of the trade or business of a body corporate so resident to be transferred from that body corporate to a person not so resident; or*
- (c) for a body corporate resident in the United Kingdom to cause or permit a body corporate not so resident over which it has control to create or issue any shares or debentures; or
- (d) except for the purpose of enabling a person to be qualified to act as a director, for a body corporate so resident to transfer to any person, or cause or permit to be transferred to any person, any shares or debentures of a body corporate not so resident over which it has control, being shares or debentures which it owns or in which it has an interest.
- (2) Nothing in subsection (1)(c) above shall apply to the giving to the bankers of the body corporate not resident in the United Kingdom of any security for the payment of any sum due or to become due from it to them by reason of any transaction entered into with it by them in the ordinary course of their business as bankers.
- (3) Nothing in subsection (1)(c) above shall apply to the giving by the body corporate not resident in the United Kingdom to an insurance company of any security for the payment of any sum due or to become due from that body corporate to that company by reason of any transaction entered into with that body corporate by that company in the ordinary course of that company’s business by way of investment of its funds.
- (4) Any consent granted by the Treasury under this section—
- (a) may be given either specially (that is to say, so as to apply only to specified transactions of or relating to a specified body corporate) or generally (that is to say, so as not only so to apply); and
- (b) may, if given generally, be revoked by the Treasury; and
- (c) may in any case be absolute or conditional; and
- (d) shall be published in such a way as to give any person entitled to the benefit of it an adequate opportunity of getting to know of it, unless in the opinion of the Treasury publication is not necessary for that purpose.
#### Offences under section 765
##### 766
- (1) Any person who, whether within or outside the United Kingdom, does or is a party to the doing of any act which to his knowledge amounts to or results in, or forms part of a series of acts which together amount to or result in, or will amount to or result in, something which is unlawful under section 765(1) shall be guilty of an offence under this section.
- (2) In any proceedings in respect of such an offence against a director of the body corporate in question (that is to say, the body corporate which is or was resident in the United Kingdom) or against any person who was purporting to act in that capacity—
- (a) it shall be presumed that he was a party to every act of that body corporate unless he proves that it was done without his consent or connivance; and
- (b) it shall, unless the contrary is proved, be presumed that any act which in fact amounted to or resulted in, or formed part of a series of acts which together amounted to or resulted in or would amount to or result in, something which is unlawful under section 765(1) was to his knowledge such an act.
- (3) Any person who is guilty of an offence under this section shall be liable on conviction on indictment—
- (a) to imprisonment for not more than two years or to a fine, or to both; or
- (b) where the person in question is a body corporate which is or was resident in the United Kingdom, to a fine not exceeding an amount equal to three times the corporation tax, capital gains tax and income tax paid or payable which is attributable to the income, profits or gains (including chargeable gains) arising in the 36 months immediately preceding the commission of the offence, or £10,000, whichever is the greater;
and proceedings in respect of such an offence alleged to have been committed by a person may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
- (4) No proceedings for an offence under this section shall be instituted, in England or Wales, except by or with the consent of the Attorney General, or in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
#### Interpretation and commencement of sections 765 and 766
##### 767
- (1) *A body corporate shall be deemed for the purposes of sections* 765*and* 766*to be resident or not to be resident in the United Kingdom according as the central management and control of its trade or business is or is not exercised in the United Kingdom.*
- (2) *If it is shown that it has been established as between the Crown and a body corporate for any income tax or corporation tax purpose that the body corporate was resident or ordinarily resident in the United Kingdom for any year of assessment or other period, it shall be presumed, except so far as the contrary is proved, that that body corporate was resident in the United Kingdom for the purposes of sections* 765*and* 766*at the beginning of that year of assessment or other period and that it continued to be so resident at all times thereafter.*
- (3) *Where the functions of a body corporate consist wholly or mainly in the holding of investments or other property, the holding of the investments or property shall be deemed for the purposes of this section and sections* 765*and* 766*to be a business carried on by the body corporate.*
- (4) *Notwithstanding anything in the preceding provisions of this section or in sections* 765*and* 766,*in no event shall a mere transfer of assets by a body corporate not resulting in a substantial change in the character or extent of the trade or business of that body corporate be treated for the purposes of sections* 765*and* 766*as a transfer of part of its trade or business*.
- (5) In this section and in sections 765 and 766—
- “share” has, in relation to any body corporate, the meaning given by Part 26 of the Companies Act 1985 in relation to a company;
- “debenture” has, in relation to any body corporate, the meaning given by section 738 of the Companies Act 2006 in relation to a company;
- “director” has, in relation to any body corporate, the meaning given by section 250 of the Companies Act 2006 in relation to a company;
- “*control*” (except in the expression “*central management and control*”) has, in relation to a body corporate, the meaning given by section 840;
- “*transfer*”, in relation to shares or debentures, includes a transfer of any beneficial interest therein;
- “*insurance company*” means a body corporate lawfully carrying on business as an insurer, whether in the United Kingdom or elsewhere; and
- “*funds*” in relation to an insurance company means the funds held by it in connection with that business;
*and a body corporate shall not be deemed for the purposes of this section and sections* 765*and* 766*to cease to be resident in the United Kingdom by reason only that it ceases to exist*.
- (6) This section and sections 765 and 766 shall come into force on 6th April 1988 to the exclusion of section 482 of the 1970 Act (which is re-enacted by those sections); but any offence committed before 6th April 1988 shall not be punishable under section 766 and neither this subsection nor any other provision of this Act shall prevent any such offence from being punishable as if this Act had not been passed.
### Change in ownership of company
#### Change in ownership of company: disallowance of trading losses
##### 768
- (1) If—
- (a) within any period of three years there is both a change in the ownership of a company and (either earlier or later in that period, or at the same time) a major change in the nature or conduct of a trade carried on by the company, or
- (b) at any time after the scale of the activities in a trade carried on by a company has become small or negligible, and before any considerable revival of the trade, there is a change in the ownership of the company,
no relief shall be given under section 393 by setting a loss incurred by the company in an accounting period beginning before the change of ownership against any income or other profits of an accounting period ending after the change of ownership.
- (2) In applying this section to the accounting period in which the change of ownership occurs, the part ending with the change of ownership, and the part after, shall be treated as two separate accounting periods, and the profits or losses of the accounting period shall be apportioned to the two parts.
- (3) The apportionment under subsection (2) above shall be on a time basis according to the respective lengths of those parts except that if it appears that that method would work unreasonably or unjustly such other method shall be used as appears just and reasonable.
- (4) In subsection (1) above “*major change in the nature or conduct of a trade*” includes—
- (a) a major change in the type of property dealt in, or services or facilities provided, in the trade; or
- (b) a major change in customers, outlets or markets of the trade;
and this section applies even if the change is the result of a gradual process which began outside the period of three years mentioned in subsection (1)(a) above.
- (5) In relation to any relief available under section 343 to a successor company, subsection (1) above shall apply as if any loss sustained by a predecessor company had been sustained by a successor company and as if the references to a trade included references to the trade as carried on by a predecessor company.
- (6) Where relief in respect of a company’s losses has been restricted under this section then, notwithstanding section 577(3) of the Capital Allowances Act, in applying the provisions of that Act about balancing charges to the company by reference to any event after the change of ownership of the company, any allowance or deduction falling to be made in taxing the company’s trade for any chargeable period before the change of ownership shall be disregarded unless the profits or gains of that chargeable period or of any subsequent chargeable period before the change of ownership were sufficient to give effect to the allowance or deduction.
- (7) In applying subsection (6) above it shall be assumed that any profits or gains are applied in giving effect to any such allowance or deduction in preference to being set off against any loss which is not attributable to such an allowance or deduction.
- (8) Where the operation of this section depends on circumstances or events at a time after the change of ownership (but not more than three years after), an assessment to give effect to the provisions of this section shall not be out of time if made within six years from that time, or the latest of those times.
- (9) Any person in whose name any shares, stock or securities of a company are registered shall, if required by notice by an inspector given for the purposes of this section, state whether or not he is the beneficial owner of those shares or securities and, if not the beneficial owner of those shares or securities of any of them, shall furnish the name and address of the person or persons on whose behalf those shares, stock or securities are registered in his name.
#### Rules for ascertaining change in ownership of company
##### 769
- (1) For the purposes of sections 767A, 767AA, 767C, 768, 768A, 768B , 768C and 768D there is a change in the ownership of a company—
- (a) if a single person acquires more than half the ordinary share capital of the company; or
- (b) if two or more persons each acquire a holding of 5 per cent. or more of the ordinary share capital of the company, and those holdings together amount to more than half the ordinary share capital of the company; or
- (c) if two or more persons each acquire a holding of the ordinary share capital of the company, and the holdings together amount to more than half the ordinary share capital of the company, but disregarding a holding of less than 5 per cent. unless it is an addition to an existing holding and the two holdings together amount to 5 per cent. or more of the ordinary share capital of the company.
- (2) In applying subsection (1) above—
- (a) the circumstances at any two points of time with not more than three years between may be compared, and a holder at the later time may be regarded as having acquired whatever he did not hold at the earlier time, irrespective of what he has acquired or disposed of in between;
- (b) to allow for any issue of shares or other reorganisation of capital, the comparison may be made in terms of percentage holdings of the total ordinary share capital at the respective times, so that a person whose percentage holding is greater at the later time may be regarded as having acquired a percentage holding equal to the increase;
- (c) to decide for the purposes of subsection (1)(b) or (c) above if any person has acquired a holding of at least 5 per cent., or a holding which makes at least 5 per cent. when added to an existing holding, acquisitions by, and holdings of, two or more persons who are connected persons within the meaning of section 839 shall be aggregated as if they were acquisitions by, and holdings of, one and the same person;
- (d) any acquisition of shares under the will or on the intestacy of a deceased person , and any gift of shares which is unsolicited and made without regard to the provisions of sections 767A, 767AA, 768, 768A, 768B , 768C and 768D, . . . shall be left out of account.
- (2A) Where—
- (a) persons, whether company members or not, possess extraordinary rights or powers under the articles of association or under any other document regulating the company, and
- (b) because of that fact ownership of the ordinary share capital may not be an appropriate test of whether there has been a change in the ownership of the company,
then, in considering whether there has been a change in the ownership of the company for the purposes of section 767A , 767AA or 767C, holdings of all kinds of share capital, including preference shares, or of any particular category of share capital, or voting power or any other kind of special power may be taken into account instead of ordinary share capital.
- (3) Where, because persons, whether company members or not, possess extraordinary rights or powers under the articles of association or under any other document regulating the company, ownership of the ordinary share capital may not be an appropriate test of whether there has been a major change in the persons for whose benefit the losses may ultimately enure, then, in considering whether there has been a change in the ownership of the company for the purposes of section 768 , 768A or 768D, holdings of all kinds of share capital, including preference shares, or of any particular category of share capital, or voting power or any other special kind of power, may be taken into account instead of ordinary share capital.
- (3A) Subsection (3) above shall apply for the purposes of sections 768B and 768C as if the reference to the benefit of losses were a reference to the benefit of deductions.
- (4) Where section 768, 768A, 768B , 768C or 768D has operated to restrict relief by reference to a change of ownership taking place at any time, no transaction or circumstances before that time shall be taken into account in determining whether there is any subsequent change of ownership.
- (5) A change in the ownership of a company shall be disregarded for the purposes of sections 767A, 767AA, 767C, 768, 768A, 768B , 768C and 768D if—
- (a) immediately before the change the company is the 75 per cent. subsidiary of another company, and
- (b) (although there is a change in the direct ownership of the company) that other company continues after the change to own the first-mentioned company as a 75 per cent. subsidiary.
- (6) If there is a change in the ownership of a company, including a change occurring by virtue of the application of this subsection but not a change which is to be disregarded under subsection (5) above, then—
- (a) in a case falling within subsection (1)(a) above, the person mentioned in subsection (1)(a) shall be taken for the purposes of this section to acquire at the time of the change any relevant assets owned by the company;
- (b) in a case falling within subsection (1)(b) above but not within subsection (1)(a) above, each of the persons mentioned in subsection (1)(b) shall be taken for the purposes of this section to acquire at the time of the change the appropriate proportion of any relevant assets owned by the company; and
- (c) in any other case, each of the persons mentioned in paragraph (c) of subsection (1) above (other than any whose holding is disregarded under that paragraph) shall be taken for the purposes of this section to acquire at the time of the change the appropriate proportion of any relevant assets owned by the company.
- (6A) In subsection (6) above—
- “*the appropriate proportion*”, in relation to one of two or more persons mentioned in subsection (1)(b) or (c) above, means a proportion corresponding to the proportion which the percentage of the ordinary share capital acquired by him bears to the percentage of that capital acquired by all those persons taken together; and
- “*relevant assets*”, in relation to a company, means—
- (a) any ordinary share capital of another company, and
- (b) any property or rights which under subsection (3) above may be taken into account instead of ordinary share capital of another company.
- (6B) Notwithstanding that at any time a company (“the subsidiary company”) is a 75 per cent. subsidiary of another company (“the parent company”) it shall not be treated at that time as such a subsidiary for the purposes of this section unless, additionally, at that time—
- (a) the parent company would be beneficially entitled to not less than 75 per cent. of any profits available for distribution to equity holders of the subsidiary company; and
- (b) the parent company would be beneficially entitled to not less than 75 per cent. of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
- (6C) Schedule 18 shall apply for the purposes of subsection (6B) above as it applies for the purposes of section 413(7).
- (7) For the purposes of this section—
- (a) references to ownership shall be construed as references to beneficial ownership, and references to acquisition shall be construed accordingly;
- (b) *a company shall be deemed to be a* 75*per cent. subsidiary of another company if and so long as not less than three-quarters of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies*;
- (c) *the amount of ordinary share capital of one company owned by a second company through another company or other companies or partly directly and partly through another company or other companies, shall be determined in accordance with subsections* (5)*to* (10)*of section* 838;*and*
- (d) “*shares*” includes stock.
- (8) If any acquisition of ordinary share capital or other property or rights taken into account in determining that there has been a change of ownership of a company was made in pursuance of a contract of sale or option or other contract, or the acquisition was made by a person holding such a contract, then the time when the change in the ownership of the company took place shall be determined as if the acquisition had been made when the contract was made with the holder or when the benefit of it was assigned to him so that, in the case of a person exercising an option to purchase shares, he shall be regarded as having purchased the shares when he acquired the option.
- (9) Subsection (8) above shall not apply in relation to section 767A , 767AA or 767C.
### Transactions between associated persons
#### Sales etc. at an undervalue or overvalue
##### 770
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions by petroleum companies
##### 771
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information for purposes of section 770, and appeals
##### 772
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of sections 770 and 771
##### 773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions between dealing company and associated company
##### 774
- (1) Subject to the provisions of this section, where—
- (a) a dealing company becomes entitled to a deduction, in computing the profits or gains of the company for tax purposes for any period, in respect of the depreciation in the value of any right subsisting against an associated company, being a non-dealing company; or
- (b) a dealing company makes any payment to such an associated company, being a payment in respect of which the dealing company is entitled to a deduction in computing its profits or gains for tax purposes for any period;
and the depreciation or payment is not brought into account in computing the profits or gains of the non-dealing company, that company shall be deemed to have received on the last day of the period income of an amount equal to the amount of the deduction and shall be chargeable to tax in respect thereof (in the case of corporation tax, under Case VI of Schedule D).
- (2) Where the non-dealing company is carrying on a trade, the income referred to in subsection (1) above shall, if the company so elects, not be so chargeable but shall be deemed to have been a receipt of the trade, or, if the company is carrying on more than one trade, to have been a receipt of such one of the trades as the company may choose.
- (3) Where the non-dealing company is carrying on, or was formed to carry on a trade, then if—
- (a) either—
- (i) the right subsisting against it was a right to the repayment of moneys lent for meeting expenditure which has proved (in whole or in part) abortive, or
- (ii) the payment to the company was made for meeting such expenditure, and
- (b) that expenditure is such that the company is not entitled in respect of it to any allowance or deduction in computing losses or gains,
subsection (1) above shall not apply in so far as the expenditure proved abortive.
- (4) For the purposes of this section—
- (a) “*company*” includes any body corporate;
- (b) “*dealing company*” means a company dealing in securities, land or buildings and includes any company whose profits on the sale of securities, land or buildings are part of its trading profits;
- (c) “*non-dealing company*” means any company which is not a dealing company;
- (d) two or more companies shall be treated as associated companies if one has control of the other or others, or any person has control of both or all of them;
- (e) references to a company (“the first company”) having control of another company (“the second company”) shall be construed as references to the first company having control of the second company either by itself or in conjunction with any person having control over the first company, and “*control*” has the meaning given by section 840;
- (f) “*securities*” includes shares and stock.
- (5) Where it appears to the Board that by reason of any transaction or transactions a person may by virtue of this section have incurred any liability to tax, the Board may by notice served on him require him, within such time not less than 28 days as may be specified in the notice, to furnish information in his possession with respect to the transaction or any of the transactions, being information as to matters, specified in the notice, which are relevant to the question whether he has incurred any such liability to tax.
### Other provisions
#### Sale by individual of income derived from his personal activities
##### 775
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions in land: taxation of capital gains
##### 776
- (1) This section is enacted to prevent the avoidance of tax by companies concerned with land or the development of land.
- (2) This section applies wherever—
- (a) land, or any property deriving its value from land, is acquired with the sole or main object of realising a gain from disposing of the land; or
- (b) land is held as trading stock; or
- (c) land is developed with the sole or main object of realising a gain from disposing of the land when developed;
and any gain of a capital nature is obtained from the disposal of the land—
- (i) by the person acquiring, holding or developing the land, or by any connected person, or
- (ii) where any arrangement or scheme is effected as respects the land which enables a gain to be realised by any indirect method, or by any series of transactions, by any person who is a party to, or concerned in, the arrangement or scheme;
and this subsection applies whether any such person obtains the gain for himself or for any other person.
- (3) Where this section applies, the whole of any such gain shall for all the purposes of the Corporation Tax Acts be treated—
- (a) as being income which arises when the gain is realised . . . ; and
- (b) subject to the following provisions of this section, as being income of the company by which the gain is realised.
- (3A) The gain treated as income shall be charged—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) to corporation tax as profits or gains under Case VI of Schedule D for the accounting period in which the gain is realised.
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) For the purposes of this section—
- (a) land is disposed of if, by any one or more transactions, or by any arrangement or scheme, whether concerning the land or property deriving its value from the land, the property in the land, or control over the land, is effectually disposed of; and
- (b) references in subsection (2) above to the acquisition or development of property with the sole or main object of realising the gain from disposing of the land shall be construed accordingly.
- (5) For those purposes—
- (a) where, whether by a premature sale or otherwise, a person directly or indirectly transmits the opportunity of making a gain to another person, that other person’s gain is obtained for him by the first-mentioned person; and
- (b) any number of transactions may be regarded as constituting a single arrangement or scheme if a common purpose can be discerned in them, or if there is other sufficient evidence of a common purpose.
- (6) For the purposes of this section, such method of computing a gain shall be adopted as is just and reasonable in the circumstances, taking into account the value of what is obtained for disposing of the land, and allowing only such expenses as are attributable to the land disposed of; and in applying this subsection—
- (a) where a freehold is acquired and the reversion is retained on disposal, account may be taken of the way in which the profits under . . . Case I of Schedule D of a company dealing in land are computed in such a case; or
- (b) account may be taken of the adjustments to be made in computing such profits under . . . subsections (2) and (3) of section 99 above.
- In the application of this subsection to Scotland, “*freehold*” means the interest of the owner, and “*reversion*” means the interest of the landlord in property subject to a lease.
- (7) Subsection (2)(c) above shall not apply to so much of any gain as is fairly attributable to the period, if any, before the intention to develop the land was formed, and which would not fall under paragraph (a) or (b) of that subsection; and in applying this subsection account shall be taken of the treatment under . . . Case I of Schedule D of a company which appropriates land as trading stock.
- (8) If all or any part of the gain accruing to any person is derived from value, or an opportunity of realising a gain, provided directly or indirectly by another person which is a company, whether or not put at the disposal of the first-mentioned person, subsection (3)(b) above shall apply to the gain, or that part of it, with the substitution of that company for the person by whom the gain was realised.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Where—
- (a) there is a disposal of shares in—
- (i) a company which holds land as trading stock; or
- (ii) a company which owns directly or indirectly 90 per cent. or more of the ordinary share capital of another company which holds land as trading stock; and
- (b) all the land so held is disposed of—
- (i) in the normal course of its trade by the company which held it, and
- (ii) so as to procure that all opportunity of profit in respect of the land arises to that company,
then this section shall not by virtue of subsection (2)(i) above apply to any gain to the holder of shares as being a gain on property deriving value from that land (but without prejudice to any liability under subsection (2)(ii) above).
- (11) Where a companywhich considers that paragraph (a) or (c) of subsection (2) above may apply as respects a gain of a capital nature which that company has obtained from the disposal of land, or which it would obtain from a proposed disposal of land, supplies to the inspector to whom it makes its return of income written particulars showing how the gain has arisen or would arise—
- (a) the inspector shall, within 30 days from his receipt of the particulars, notify that company whether or not he is satisfied that, in the circumstances as described in the particulars, the gain will not, or would not, be chargeable to tax on that company under this section; and
- (b) if the inspector notifies that company that he is so satisfied, the gain shall not be chargeable on that company under this section.
- (12) If the particulars given under this section with respect to the gain are not such as to make full and accurate disclosure of all facts and considerations relating thereto which are material to be known to the inspector, any notification given by the inspector under subsection (11) above shall be void.
- (13) In this section—
- (a) references to the land include references to all or any part of the land, and “*land*” includes buildings, and any estate or interest in land or buildings;
- (b) references to property deriving its value from land include—
- (i) any shareholding in a company, or any partnership interest, or any interest in settled property, deriving its value directly or indirectly from land, and
- (ii) any option, consent or embargo affecting the disposition of land;
and for the purposes of this section any question whether a person is connected with another shall be determined in accordance with section 839.
- (14) This section shall apply to all persons, whether resident in the United Kingdom or not, if all or any part of the land in question is situated in the United Kingdom.
#### Provisions supplementary to sections 775 and 776
##### 777
- (1) This section has effect to supplement section 776.
- (2) In applying section 776 and this section account shall be taken of any method, however indirect, by which—
- (a) any property or right is transferred or transmitted; or
- (b) the value of any property or right is enhanced or diminished;
and accordingly the occasion of the transfer or transmission of any property or right, however indirect, and the occasion when the value of any property or right is enhanced, may be an occasion when, under section 776, tax becomes chargeable.
- (3) Subsection (2) above applies in particular—
- (a) to sales, contracts and other transactions made otherwise than for full consideration or for more than full consideration; and
- (b) to any method by which any property or right, or the control of any property or right, is transferred or transmitted by assigning share capital or other rights in a company or any partnership or interest in settled property; and
- (c) to the creation of any option or consent or embargo affecting the disposition of any property or right, and to the consideration given for the option, or for the giving of the consent or the release of the embargo; and
- (d) to the disposal of any property or right on the winding up, dissolution or termination of any company, partnership or trust.
- (4) In ascertaining for the purposes of section 776 and this section the intentions of any person, the objects and powers of any company, partners or trustees, as set out in any memorandum, articles of association or other document, shall not be conclusive.
- (5) In order to ascertain whether and to what extent the value of any property or right is derived from any other property or right, value may be traced through any number of companies, partnerships and trusts, and the property held by any company, partnership or trust shall be attributed to the shareholders, partners or beneficiaries at each stage in such manner as is appropriate in the circumstances.
- (6) In applying section 776 and this section—
- (a) any expenditure or receipt or consideration or other amount may be apportioned by such method as is just and reasonable in the circumstances;
- (b) all such valuations shall be made as are appropriate to give effect to section 776.
- (7) For the purposes of section 776 and this section partners, or the trustees of settled property, or personal representatives, may be regarded as persons distinct from the individuals or other persons who are for the time being partners or trustees or personal representatives.
- (8) Where a company is assessed to corporation tax under section 776 in respect of consideration receivable by another person—
- (a) it shall be entitled to recover from that other person any part of that tax which it has paid; and
- (b) if any part of that tax remains unpaid at the expiration of six months from the date when it became due and payable, it shall be recoverable from that other person as though he were the company assessed, but without prejudice to the right to recover it from the company actually assessed;
and for the purposes of paragraph (a) above the Board or an inspector shall on request furnish a certificate specifying the amount of income in respect of which tax has been paid, and the amount of tax so paid; and the certificate shall be conclusive evidence of any facts stated in it.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) Section 776 has effect subject to Chapter 5 of Part 5 of ITTOIA 2005 (settlements: amounts treated as income of settlor) and to any other provision of the Tax Acts deeming income to belong to a particular person.
- (11) Where under section 776(2)(c) any company is charged to tax on the realisation of a gain, and the computation of the gain proceeded on the footing that the land or some other property was appropriated at any time as trading stock, that land or other property shall be treated on that footing also for the purposes of section 161 of the 1992 Act (property becoming or ceasing to be stock in trade).
- (12) Where under section 776(8) the company charged to corporation tax is not the person (“P”) by whom the gain was realised and the tax has been paid, then for the purposes of sections 37 and 39 of the 1992 Act (profits taxable as income excluded from tax on chargeable gains) P shall be regarded as having been charged to that tax.
- (13) For the purposes of section 776 of this Act and Chapter 3 of Part 13 of ITA 2007 and this section—
- “*capital*”, in relation to a gain, means that, apart from section 776, the gain does not fall to be included in any calculation of income for purposes of the Tax Acts;
- “*company*” includes any body corporate; and
- “*share*” includes stock;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to obtain information
##### 778
- (1) The Board or an inspector may by notice require any person to furnish them within such time as the Board or the inspector may direct (not being less than 30 days) with such particulars as the Board or the inspector think necessary for the purposes of section 776.
- (2) The particulars which a person must furnish under this section, if he is required by a notice from the Board or the inspector so to do, include particulars—
- (a) as to transactions or arrangements with respect to which he is or was acting on behalf of others;
- (b) as to transactions or arrangements which in the opinion of the Board or the inspector should properly be investigated for the purposes of section 776 notwithstanding that, in the opinion of the person to whom the notice is given, no liability to tax arises under that section; and
- (c) as to whether the person to whom the notice is given has taken or is taking any, and if so what, part in any, and if so what, transactions or arrangements of a description specified in the notice.
- (3) Notwithstanding anything in subsection (2) above, a solicitor—
- (a) shall not be deemed for the purposes of paragraph (c) of that subsection to have taken part in any transaction or arrangement by reason only that he has given professional advice to a client in connection with the transaction or arrangement, and
- (b) shall not, in relation to anything done by him on behalf of a client, be compellable under this section, except with the consent of his client, to do more than state that he is or was acting on behalf of a client, and give the name and address of his client.
#### Sale and lease-back: limitation on tax reliefs
##### 779
- (1) If land or any estate or interest in land is transferred from one person to another and—
- (a) as a result of a lease of the land or any part of the land granted at that time or subsequently by the transferee to the transferor, or
- (b) as a result of any other transaction or series of transactions affecting the land or any estate or interest in the land,
the transferor, or any person who is associated with the transferor, becomes liable at the time of the transfer or subsequently to pay any rent under a lease of the land or any part of the land, this section shall apply to all rent due under the lease from the transferor, or from any person who is associated with the transferor.
- (2) If—
- (a) land or any estate or interest in land is transferred from one person to another, and
- (b) as a result of any transaction or series of transactions affecting the land or any estate or interest in the land, the transferor, or any person who is associated with the transferor, becomes liable at the time of the transfer or subsequently to make any payment (other than rent under a lease) for which any relevant tax relief is available, being a payment by way of rentcharge on the land or any part of the land or a payment in any other way connected with the land,
then this section shall apply to all such payments under the rentcharge or other transaction due from the transferor, or from any person who is associated with the transferor.
- (3) The references in subsections (1) and (2) above to the transfer of an estate or interest in land include references to—
- (a) the granting of a lease or any other transaction involving the creation of a new estate or interest in the land;
- (b) the transfer of the lessee’s interest under a lease by surrender or forfeiture of the lease; and
- (c) any transaction or series of transactions affecting land or an estate or interest in land, such that some person is the owner, or one of the owners, before and after the carrying out of the transaction or transactions, but another person becomes or ceases to become one of the owners;
and in relation to any such transaction or series of transactions any person who is an owner before the carrying out of the transaction or transactions, and is not the sole owner thereafter, shall be regarded for the purposes of this section as a transferor.
- (4) A deduction by way of any relevant tax relief, being a deduction in respect of rent or of any other payment to which this section applies, shall not exceed the commercial rent for the period for which the rent or other payment is made of the land in respect of which that payment is made.
- (5) If—
- (a) under subsection (4) above part of a payment which would otherwise be allowable as a deduction by way of any relevant tax relief is not so allowable, and
- (b) one or more subsequent payments are made by the transferor, or a person who is associated with the transferor, under the lease or other transaction,
that part of the first-mentioned payment may be carried forward and treated for the purposes of any such deduction by way of tax relief as if it were made at the time when the next of those subsequent payments was made, and so made for the period for which that subsequent payment was made.
- (6) For the purposes of subsection (4) above—
- (a) if more than one payment is made for the same period the payments shall be taken together;
- (b) if payments are made for periods which overlap, the payments shall be apportioned, and the apportioned payments which belong to the common part of the overlapping periods shall be taken together;
- (c) the preceding references to payments include references to parts of payments which under subsection (5) above are treated as if made at a time subsequent to that at which they were made, and to the extent that a part of a payment so carried forward under that subsection is not so allowable as a deduction by way of tax relief, it may again be carried forward under that subsection;
- (d) so much of any payment as is in respect of services or the use of assets or rates usually borne by the tenant shall be excluded, and in determining the amount to be so excluded provisions in any lease or agreement fixing the payments or parts of payments which are in respect of services or the use of assets may be overridden.
- (7) A payment made for a period all of which falls more than one year after the payment is made shall be treated for the purposes of this section as made for that period of one year beginning with the date on which the payment was made, and a payment for a period part of which falls after the end of that year shall be treated for those purposes as if a corresponding part of the payment was made for that year (and no part for any later period).
- (8) For the purposes of making a comparison under subsection (4) above between a payment consisting of rent under a lease (“the actual lease”), or such payments taken together, and the commercial rent of the land, “*commercial rent*” shall mean the rent which might be expected to be paid under a lease of the land negotiated in the open market at the time when the actual lease was created, being a lease which is of the same duration as the actual lease, which is, as respects liability for maintenance and repairs, subject to the terms and conditions of the actual lease and which provides for rent payable at uniform intervals and—
- (a) at a uniform rate, or
- (b) if the rent payable under the actual lease is rent at a progressive rate (and such that the amount of rent payable for any year is never less than the amount payable for any previous year), a rent which progresses by gradations proportionate to those provided by the actual lease.
- (9) For the purpose of making a comparison under subsection (4) above between a payment which does not consist of rent under a lease (or such a payment taken together with other payments) and the commercial rent of the land, “*commercial rent*” shall mean the rent which might be expected to be paid under a tenant’s repairing lease negotiated in the open market at the time when the transaction was effected under which the payment or payments became due, being—
- (a) where the period over which payments are to be made under that transaction is not less than 200 years, or the obligation to make such payments is perpetual, a lease for 200 years; and
- (b) where that period is less than 200 years, a lease which is of the same duration as that period.
- (10) In this section references to rent under a lease include references to
- (a) rent which the person entitled to the lease is under subsection (4), (5) or (6) of section 37 or under section 37A or under section 87 or 87A treated, for any purpose, as paying in respect of land comprised in the lease, and
- (b) expenses which the tenant under the lease is treated as incurring in respect of the land subject to the lease under sections 61 to 67 or 292 to 297 of ITTOIA 2005,
and such rent shall be treated for the purposes of this section as having been paid from day to day as it has become due and such expenses shall be treated for those purposes as having been paid as soon as they have been incurred.
- (11) For the purposes of this section the following persons shall be deemed to be associated with one another, that is—
- (a) the transferor in any such transaction as is described in subsection (1) or (2) above, and the transferor in another such transaction, if those two persons are acting in concert, or if the two transactions are in any way reciprocal, and any person who is an associate of either of those associated transferors;
- (b) any two or more bodies corporate participating in, or incorporated for the purposes of, a scheme for the reconstruction of any body or bodies corporate or for the amalgamation of any two or more bodies corporate;
- (c) any persons who are associates as defined in section 783(10).
- (12) In this section—
- “*asset*” means any description of property or rights other than land or an interest in land;
- “*lease*” includes an underlease, sublease or any tenancy or licence, and any agreement for a lease, underlease, sublease or tenancy or licence and, in the case of land outside the United Kingdom, any interest corresponding to a lease as so defined; and in relation to such land, expressions in this section relating to interests in land and their disposition shall be construed accordingly;
- “*rent*” includes any payment made under a lease; and
- “*tenant’s repairing lease*” means a lease where the lessee is under an obligation to maintain and repair the whole, or substantially the whole, of the premises comprised in the lease.
- (13) For the purposes of this section the following are deductions by way of relevant tax relief, that is to say—
- (a) a deduction in computing profits or gains chargeable under Schedule A . . . ;
- (aa) a deduction in calculating the profits of a UK property business;
- (b) a deduction in computing profits or losses of a trade, profession or vocation for the purposes of tax;
- (c) a deduction in computing profits or gains chargeable under Case VI of Schedule D, or in computing any loss for which relief is allowable under section . . . 396;
- (ca) a deduction in computing profits or other income or gains chargeable to income tax under or by virtue of any provision to which section 1016 of ITA 2007 applies, or in computing any loss for which relief is allowable under section 152 of ITA 2007;
- (d) a deduction under section 75 or 76;
- (e) a deduction from earnings allowed under section 336 of ITEPA 2003 (expenses) or allowable in computing losses in an employment for tax purposes;
- (f) a deduction allowable for tax purposes in computing profits or gains or losses arising from woodlands.
- (14) This section shall not apply if the transfer described in subsection (1) or (2) above was on or before 14th April 1964.
#### Sale and lease-back: taxation of consideration received
##### 780
- (1) If, in any case where a person (“the lessee”) who is a lessee of land under a lease having not more than 50 years to run (“the original lease”) is entitled in respect of the rent under the lease to a deduction by way of tax relief which is a relevant tax relief for the purposes of section 779—
- (a) the lessee assigns the original lease to another person, or surrenders it to his landlord, for a consideration which apart from this section would not be taxable otherwise than as capital in the hands of the lessee, and
- (b) there is granted or assigned to the lessee another lease (“the new lease”) of or including the whole or any part of the land which was the subject of the original lease for a term not exceeding 15 years;
then, subject to the following provisions of this section, the provisions of this Act providing for deductions or allowances by way of tax relief in respect of payments of rent shall apply in relation to the rent under the new lease, and for the purposes of the Tax Acts a proportion of the consideration received by the lessee shall be treated not as a capital receipt but in accordance with subsection (3) below.
- (2) For the purposes of this section—
- (a) if the aggregate of the rent payable under the new lease in respect of any rental period ending on a date falling before the 15th anniversary of the date on which the term of the new lease begins is greater than the aggregate of the rent payable under the new lease in respect of the period of equal duration beginning on the day following that date, then unless the term of the new lease would be treated as ending on an earlier date by virtue of paragraph (b) below, that term shall be treated as ending on that date;
- (b) if under the terms of the new lease—
- (i) the lessor of the lessee has power to determine the new lease at a time before the expiry of the term for which it was granted, or
- (ii) the lessee has power to vary his obligations under the new lease so as to reduce the rent which he would otherwise have to pay or in any other manner beneficial to him,
- (3) Subject to the following provisions of this section, the proportion of the consideration received by the lessee as mentioned in subsection (1) above, or of any instalment of that consideration, which for the purposes of the Tax Acts is to be treated not as a capital receipt but in accordance with this subsection shall be determined by the formula—
$$16-N15$where N is the term of the new lease expressed in years or, if that term is less than a year, where N is 1; and that proportion shall be treated for the purposes of the Tax Acts—$
- (a) as a receipt of a trade, profession or vocation, if the rent payable by the lessee under the new lease is allowable as a deduction in computing profits or losses of a trade, profession or vocation for the purposes of tax and if the consideration is received by the lessee in the course of that trade, profession or vocation; and
- (b) in any other case, as an amount chargeable to tax in accordance with subsection (3A).
- (3A) The amount shall be charged—
- (a) to income tax, or
- (b) to corporation tax as a profit or gain under Case VI of Schedule D.
- (3B) The income tax charged by virtue of subsection (3A)(a) above shall be charged on the full amount of the proportion of the consideration concerned arising in the year of assessment; and the person liable for any tax so charged is the lessee.
- (3C) An amount charged to income tax by virtue of subsection (3A)(a) above is treated for income tax purposes as an amount of income.
- (4) In any case where the property which is the subject of the new lease does not include the whole of the property which was the subject of the original lease, the consideration received by the lessee shall be treated for the purposes of subsection (3) above as reduced to that portion of the consideration which is reasonably attributable to such part of the property which was the subject of the original lease as consists of, or is included in, the property which is the subject of the new lease.
- (5) *Schedule* 2*shall have effect for the purposes of giving relief, on a claim being made in that behalf, from any increase in an individual’s liability to income tax which is attributable to any amount being treated, by virtue of subsection* (3)*above, as an income receipt for a single year of assessment rather than as a series of such receipts during the term of the new lease; and in the application of that Schedule by virtue of this subsection for the definitions of “chargeable sum” and “relevant period” there shall be substituted the following definitions*—
> - *“*chargeable sum*” means the amount in respect of which, by virtue of subsection* (3)*above, the claimant is chargeable to income tax for the year of assessment;*
> *“*relevant period*”, in relation to any chargeable sum, means the term of the new lease.*
- (6) Where by agreement with his landlord, the lessee varies the terms of the original lease in such a manner that, in return for such a consideration as is specified in subsection (1)(a) above, the lessee undertakes to pay, during a period ending not later than 15 years after the date on which the consideration, or if the consideration is paid in instalments, the last such instalment, is paid to the lessee, a rent greater than that payable under the original lease, he shall be treated for the purposes of this section—
- (a) as having surrendered the original lease for that consideration, and
- (b) as having been granted a new lease for a term not exceeding 15 years but otherwise on the terms of the original lease as so varied.
- (7) References in this section to the lessee (other than in subsection (1)(a) above) include references to a person who is a partner or associate of the lessee or an associate of a partner of the lessee; and for the purposes of this section the expression “*associate*” shall be construed in accordance with 783(10).
- (8) Subject to subsection (7) above, expressions used in this section have the meanings assigned to them by section 24, and in subsection (2)(a) above “*rental period*” means a period in respect of which a payment of rent falls to be made, and for the purposes of that subsection, in a case where the rental period is a quarter or a month, each such period shall be treated as of equal duration.
- (9) The preceding provisions of this section shall not apply if the lessee had, before 22nd June 1971, a right enforceable at law or in equity to the grant of the new lease, but in any case where, apart from this subsection, those provisions would apply, no part of the rent paid under the new lease shall be treated as a payment of capital, and the provisions of this Act providing for deductions or allowances by way of tax relief in respect of payments of rent shall apply accordingly.
#### Assets leased to traders and others
##### 781
- (1) Subject to section 782, where—
- (a) a deduction by way of tax relief which is one of the kinds listed in subsection (4) below is allowable in respect of a payment made under a lease of an asset of any description, and
- (b) before, at or after the time when the payment is made, either—
- (i) the person who made the payment has obtained or obtains a capital sum in respect of the lessee’s interest in the lease, or
- (ii) the lessor’s interest in the lease, or any other interest in the asset, has belonged to an associate of the person who made the payment, and that associate has obtained a capital sum in respect of that interest,
the person obtaining that sum shall be charged to tax (in the case of corporation tax, under Case VI of Schedule D) for the chargeable period in which the sum is obtained on an amount equal to the amount of the payment in respect of which tax relief is so allowed.
- (1A) An amount charged to income tax under subsection (1) above is treated for income tax purposes as an amount of income.
- (2) A person shall not be assessed to tax under subsection (1) above on any amount to the extent to which it exceeds the capital sum by reference to which he is so assessed.
- (3) Subsection (1) above shall not apply to payments under a lease created on or before 14th April 1964.
- (4) The kinds of deductions by way of tax relief to which subsection (1) above applies are as follows—
- (a) a deduction in computing profits or losses of a trade, profession or vocation for the purposes of tax;
- (ab) a deduction in computing profits or other income or gains chargeable to income tax under or by virtue of any provision to which section 1016 of ITA 2007 applies, or in computing any loss for which relief is allowable under section 152 of ITA 2007;
- (b) a deduction in computing profits or gains chargeable under Case VI of Schedule D, or in computing any loss for which relief is allowable under section . . . 396;
- (c) a deduction under section 75 or 76;
- (d) a deduction from earnings allowed under section 336 of ITEPA 2003 (expenses) or allowable in computing losses in an employment for tax purposes;
- (e) a deduction allowable for tax purposes in computing profits or gains or losses arising from woodlands.
- (5) Where—
- (a) the deduction by way of tax relief mentioned in subsection (1)(a) above is a deduction in computing, for income tax purposes, profits or gains or losses of a trade, profession or vocation, or arising from woodlands, and
- (b) any part of the payments made under the lease by the person obtaining the capital sum is a payment in respect of which a deduction is not allowed for the reason that the whole or any part of the period in which the payment would fall to be allowed is not a period on the profits of which income tax falls to be computed in respect of the trade, profession or vocation,
for the reference in subsection (2) above to the amount of the capital sum there shall be substituted a reference to that amount after deducting the amount of the payment in respect of which a deduction is not allowed for that reason.
- (6) So far as in respect of a capital sum any part of a payment allowed as a deduction by way of tax relief of a kind to which this section applies is taken into account in making an assessment under subsection (1) above, that part of the payment shall be left out of account in determining whether any and if so what amount should be assessed by reference to any other capital sum; and the order in which this subsection is applied shall be the order in which the capital sums are obtained.
- (7) There shall be made all such adjustments of tax, whether by way of making assessments or by repayment of tax, as are required after the making of any such payment as is described in subsection (1) above to give effect to the charge under that subsection in respect of a sum obtained before the making of the payment.
- (8) Notwithstanding anything in the Tax Acts limiting the time within which an assessment may be made or a claim for relief may be admitted any such adjustment may be made, by making an assessment or otherwise, at any time within the period specified in subsection (8A) below.
- (8A) The period mentioned in subsection (8) above is—
- (a) in the case of adjustments with respect to income tax, the period ending with the fifth anniversary of the 31st January next following the year of assessment in which the payment was made;
- (b) in the case of adjustments with respect to corporation tax, the period of six years beginning at the end of the accounting period in which the payment was made.
- (9) This section shall not apply if the capital sum obtained in respect of the lessee’s interest in a lease constituting a hire-purchase agreement for machinery or plant is a sum which is required to be brought into account as the whole or part of the disposal value of the machinery or plant under section 68 of the Capital Allowances Act.
#### Leased assets: special cases
##### 782
- (1) This section shall apply, and section 781 shall not apply, to payments—
- (a) which are allowable by way of deductions in computing the profits or losses of a trade, and
- (b) which are made under a lease of an asset which at any time before the creation of the lease was used for the purposes—
- (i) of that trade; or
- (ii) of another trade carried on by the person who at that time or later was carrying on the first-mentioned trade;
and when so used was owned by the person carrying on the trade in which it was being used.
- (1A) This section does not apply to a payment if or to the extent that, in the case of the lessee, it falls to be regarded in accordance with Chapter 6A of Part 2 of the Capital Allowances Act as a payment under a lease which is a long funding finance lease for the purposes of that Part.
- (2) Subject to the following provisions of this section, the deduction allowable in computing the profits or losses of the trade for the purposes of tax as respects any such payment shall not exceed the commercial rent of the asset for the period for which the payment was made.
- (3) If under subsection (2) above part of a payment which would otherwise be allowable as a deduction is not so allowable, and one or more subsequent payments are made by the same person under the same lease, that part of the first-mentioned payment may be carried forward and treated for the purposes of computing the profits or losses of the trade for the purposes of tax as if it were made at the time when the next of those subsequent payments was made, and so made for the period for which that subsequent payment was made.
- (4) For the purposes of subsection (2) above—
- (a) if more than one payment is made for the same period the payments shall be taken together;
- (b) if the payments are made for periods which overlap, the payments shall be apportioned, and the apportioned payments which belong to the common part of the overlapping periods shall be taken together;
- (c) the preceding references to payments include references to parts of payments which under subsection (3) above are treated as if made at a time subsequent to that at which they were made;
and to the extent that a part of a payment carried forward under subsection (3) above is not allowable as a deduction it may again be carried forward under that subsection.
- (5) A payment made for a period all of which falls more than one year after the payment is made shall be treated for the purposes of this section as made for that period of one year beginning with the date on which the payment is made, and a payment for a period part of which falls after the end of that year shall be treated for those purposes as if a corresponding part of the payment was made for that year (and no part for any later period).
- (6) For the purpose of making a comparison under subsection (2) above between a payment, or payments taken together, and the commercial rent of the asset, “*commercial rent*” shall mean the rent which might at the relevant time be expected to be paid under a lease of the asset for the remainder of the anticipated normal working life of the asset, being a rent payable at uniform intervals and at a uniform rate which would afford a reasonable return for its market value at the relevant time, having regard to the terms and conditions of the lease; and in this subsection—
- “*anticipated normal working life*” means, in the case of any asset, the period which might be expected, when the asset is first put into use, to be going to elapse before it is finally put out of use as being unfit for further use, it being assumed that the asset is going to be used in the normal manner and to the normal extent, and is going to be so used throughout that period; and
- “*the relevant time*” means the time when the lease was created under which the payment was made with which the commercial rent is to be compared.
- (7) If the asset is used at the same time partly for the purposes of the trade and partly for other purposes the commercial rent as defined in subsection (6) above shall be determined by reference to what would be paid for such a partial use of the asset.
- (8) This section shall not apply in relation to payments made under a lease created on or before 14th April 1964.
- (9) In this section references to the person carrying on a trade are references to the person carrying on the trade for the time being, and where at any time a person succeeds to a trade which until that time was carried on by another person, and by virtue of section 18 of ITTOIA 2005 or section 337(1) above (companies beginning or ceasing to carry on trade) the trade is to be treated as discontinued, the trade shall, nonetheless, be treated as the same trade for the purposes of this section.
- (10) In this section references to a trade include references to a profession or vocation.
#### Leased assets: supplemental
##### 783
- (1) References in section 781 to a sum obtained in respect of the lessee’s interest in a lease of an asset, or in respect of any other interest in an asset include—
- (a) in the case of a lessee’s interest, references to sums representing the consideration in money or money’s worth obtained on a surrender of the rights to the lessor, or on an assignment of the lease, or on creating a sublease or any other interest out of the lease; and
- (b) references to any insurance moneys payable in respect of the asset, so far as payable to the owner of the interest in the asset.
- (2) Such references also include references to sums representing money or money’s worth obtained by the person entitled to the interest by a transaction or series of transactions disposing of the asset, or of an interest in the asset, and in particular transactions which comprise arrangements under which the rights of the lessee under a lease of the asset are merged in any way with the rights of the lessor, or with any other rights as respects the asset, so far as the money or money’s worth so obtained is attributable to the rights of the lessee under the lease.
- (3) References in section 781 to sums obtained in respect of any interest in an asset include references to money or money’s worth so obtained in any transaction (including a transaction of the kind described in subsection (1) or (2) above) by way of consideration received by a person who is an associate of the person entitled to the interest in the asset.
- (4) If an interest in the asset is disposed of by any person to a person who is his associate, the person disposing of the interest shall (unless in fact he obtains a greater sum) be treated for the purposes of section 781 as having obtained in respect of the interest—
- (a) the value of the interest in the open market; or
- (b) the value of the interest to the person to whom it is, in effect, transferred;
whichever is the greater.
- (5) For the purposes of subsections (3) and (4) above a disposition may be direct or indirect and may be effected by any such transaction as is described in subsection (2) above.
- (6) For the purposes of sections 781 and 784 and this section any sum obtained by any persons carrying on a trade, profession or vocation in partnership in respect of an interest in an asset which is and continues to be used for the purposes of the trade, profession or vocation shall be regarded as apportionable between them in the shares in which they are then entitled to the profits of the trade, profession or vocation.
- (7) Subject to subsection (6) above, for those purposes a sum obtained by persons jointly entitled to an interest in an asset shall be apportionable according to their respective interests in the rights.
- (8) For those purposes, any payment in respect of which a deduction is allowable by way of tax relief which is made by persons carrying on a trade, profession or vocation in partnership shall be apportioned in such manner as may be just.
- (9) Where under this section any sum or payment falls to be apportioned and, at the time of the apportionment, it appears that it is material as respects the liability to tax (for whatever period) of two or more persons, any question which arises as to the manner in which the sum or payment is to be apportioned shall be determined, for the purposes of tax of all those persons—
- (a) in a case where the same body of General Commissioners have jurisdiction with respect to all those persons, by those Commissioners unless all those persons agree that it shall be determined by the Special Commissioners;
- (b) in a case where different bodies of Commissioners have jurisdiction with respect to those persons, by such of those bodies as the Board may direct unless all those persons agree that it shall be determined by the Special Commissioners; and
- (c) in any other case, by the Special Commissioners;
and any such Commissioners shall determine the question in like manner as if it were an appeal, except that all those persons shall be entitled to appear and be heard by the Commissioners who are to make the determination or to make representations to them in writing.
- (10) For the purposes of this section and in construing the expressions “*associate*” and “*associated*” in section 781 and this section, the following persons shall be deemed to be associated with each other, that is to say—
- (a) any individual and that individual’s spouse or civil partner, and any relative, or spouse or civil partner of a relative, of that individual or that individual’s spouse or civil partner (“*relative*” meaning, for this purpose, brother, sister, ancestor or lineal descendant);
- (b) any person in his capacity of trustee of a settlement and any individual who in relation to the settlement is a settlor, and any person associated with that individual (“*settlement*” and “*settlor*” having, for this purpose, the meanings given by section 620 of ITTOIA 2005);
- (c) any person and a body of persons of which that person, or persons associated with him, or that person and persons associated with him, has or have control;
- (d) any two or more bodies of persons associated with the same person by virtue of paragraph (c) above;
- (e) in relation to a disposal by joint owners, the joint owners and any person associated with any of them.
- (11) In subsection (10) above “*body of persons*” includes a partnership and “*control*” has the meaning given by section 840.
#### Leased assets subject to hire-purchase agreements
##### 784
- (1) In the application of section 781 to a lease which constitutes a hire-purchase agreement, for the reference in subsection (2) of that section to the amount of the capital sum there shall, where that capital sum was obtained in respect of the lessee’s interest in the lease constituting the hire-purchase agreement, be substituted references to the amount of the capital sum (adjusted, if necessary, under subsection (5) of that section) after deducting any capital expenditure which was incurred by the person obtaining the capital sum in providing the lessee’s interest.
- (2) In subsection (1) above “*capital expenditure which was incurred by the person obtaining the capital sum in providing the lessee’s interest*” means—
- (a) so much of any payment made under the lease by the person obtaining the capital sum (or, where the capital sum was obtained by the personal representatives of a deceased person, so made by that deceased person) as is not a payment in respect of which a deduction is allowable by way of tax relief which is one of the kinds listed in subsection (4) of section 781, plus
- (b) where the lessee’s interest was assigned to the person obtaining the capital sum, any capital payment made by that person as consideration for the assignment.
- (3) If the amount to be deducted in pursuance of subsection (1) above exceeds the amount of the capital sum from which it is to be deducted, no charge shall arise under section 781(1) in respect of the capital sum.
- (4) If the capital sum represents the consideration for part only of the lessee’s interest in the lease which constitutes a hire-purchase agreement, the amount to be deducted under subsection (1) above shall be such proportion of the capital expenditure which is still unallowed as is reasonable having regard to the degree to which the capital expenditure has contributed to the value of what is disposed of in return for the capital sum.
- (5) If more than one capital sum is, or is to be regarded as, obtained by the same person in respect of the lessee’s interest in the lease which constitutes a hire-purchase agreement, then, so far as in respect of one of those capital sums any deduction is made in respect of capital expenditure in pursuance of subsection (1) above that capital expenditure shall be left out of account in applying subsections (1) and (3) above to any other such capital sum; and the order in which this subsection is applied shall be the order in which the capital sums are obtained.
- (6) In this section—
- “*hire-purchase agreement*” means an agreement, other than a conditional sale agreement, under which—
- (a) goods are bailed or, in Scotland, hired in return for periodical payments by the person to whom they are bailed or hired, and
- (b) the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—
- (i) the exercise of an option to purchase by that person;
- (ii) the doing of any other specified act by any party to the agreement;
- (iii) the happening of any other specified event; and
#### Meaning of “asset”, “capital sum” and “lease” for purposes of sections 781 to 784
##### 785
- In sections 781 to 784—“*asset*” means any description of property or rights other than land or an interest in land;“*capital sum*” means any sum of money, or any money’s worth, except so far as it or any part of it is to be treated for the purposes of tax as a receipt to be taken into account in computing the profits or losses of a trade, profession or vocation, or profits or gains or losses arising from woodlands, or is, apart from section 781, chargeable to income tax under or by virtue of any provision to which section 1016 of ITA 2007 applies or to corporation tax under Case VI of Schedule D; and“*lease*”, in relation to an asset, means any kind of agreement or arrangement under which payments are made for the use of, or otherwise in respect of, an asset, and includes, in particular, any agreement or arrangement all or any of the payments under which represent instalments of, or payments towards, a purchase price.
#### Transactions associated with loans or credit
##### 786
- (1) This section applies as respects any transaction effected with reference to the lending of money or the giving of credit, or the varying of the terms on which money is lent or credit is given, or which is effected with a view to enabling or facilitating any such arrangement concerning the lending of money or the giving of credit.
- (2) Subsection (1) above has effect whether the transaction is effected between the lender or creditor and the borrower or debtor, or between either of them and a person connected with the other or between a person connected with one and a person connected with the other.
- (3) If the transaction provides for the payment of any relevant annual payment, the payment shall be treated for all the purposes of the Tax Acts as if it were a payment of annual interest.
- (3A) In subsection (3) “*relevant annual payment*” means a payment which is not interest but is—
- (a) an annuity or other annual payment falling within Part 5 of ITTOIA 2005 and chargeable to income tax otherwise than as relevant foreign income; or
- (b) an annuity or other annual payment chargeable to corporation tax under Case III of Schedule D.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) If under the transaction a person assigns, surrenders or otherwise agrees to waive or forego income arising from any property (without a sale or transfer of the property) then, without prejudice to the liability of any other person, he shall be chargeable—
- (a) to income tax, or
- (b) to corporation tax under Case VI of Schedule D,
on a sum equal to the amount of income assigned, surrendered, waived or foregone.
- (5ZA) But subsection (5) above does not apply if the person mentioned in that subsection is, as a result of section 774B or 774D (structured finance arrangements), chargeable to tax on the amount of income assigned, surrendered, waived or forgone.
- (5A) Income tax charged by virtue of subsection (5)(a) above shall be charged on the full amount of the income assigned, surrendered, waived or forgone in the year of assessment.
- (6) If credit is given for the purchase price of any property, and the rights attaching to the property are such that, during the subsistence of the debt, the purchaser’s rights to income from the property are suspended or restricted, he shall be treated for the purposes of subsection (5) above as if he had surrendered a right to income of an amount equivalent to the income which he has in effect foregone by obtaining the credit.
- (7) The amount of any income payable subject to deduction of income tax shall be taken for the purposes of subsection (5) above as the amount before deduction of tax.
- (8) References in this section to connected persons shall be construed in accordance with section 839.
#### Restriction of relief for payments of interest
##### 787
- (1) Relief shall not be given to any person under any provision of the Tax Acts in respect of any payment of interest if a scheme has been effected or arrangements have been made (whether before or after the time when the payment is made) such that the sole or main benefit that might be expected to accrue to that person from the transaction under which the interest is paid was the obtaining of a reduction in tax liability by means of any such relief.
- (1A) This section has effect in relation to Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) but taking the reference in subsection (1) above to giving relief to any person in respect of any payment of interest as including a reference to the bringing into account by any person in accordance with that Chapter of any debit in respect of interest (whether a payment or not); and other references in this section to relief shall be construed accordingly.
- (2) In this section “*relief*” means relief by way of deduction in computing profits or gains or deduction or set off against income or total profits.
- (3) Where the relief is claimed by virtue of section 403—
- (a) in respect of a deficit to which section 83 of the Finance Act 1996 applies (non-trading deficit on loan relationships), or
- (b) in respect of trading losses, in a case where in computing those losses debits in respect of loan relationships are treated under section 82(2)(b) of that Act as expenses of the trade which are deductible in computing the profits of the trade,
any question under this section as to what benefit might be expected to accrue from the transaction in question shall be determined by reference to the claimant company and the surrendering company taken together.
## PART XVIII — DOUBLE TAXATION RELIEF
### CHAPTER I — THE PRINCIPAL RELIEFS
#### Relief by agreement with other countries
##### 788
- (1) If Her Majesty by Order in Council declares that arrangements specified in the Order have been made in relation to any territory outside the United Kingdom with a view to affording relief from double taxation in relation to—
- (a) income tax,
- (b) corporation tax in respect of income or chargeable gains, and
- (c) any taxes of a similar character to those taxes imposed by the laws of that territory,
and that it is expedient that those arrangements should have effect, then those arrangements shall have effect in accordance with subsection (3) below.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to the provisions of this Part, the arrangements shall, notwithstanding anything in any enactment, have effect in relation to income tax and corporation tax in so far as they provide—
- (a) for relief from income tax, or from corporation tax in respect of income or chargeable gains; or
- (b) for charging the income arising from sources, or chargeable gains accruing on the disposal of assets, in the United Kingdom to persons not resident in the United Kingdom; or
- (c) for determining the income or chargeable gains to be attributed—
- (i) to persons not resident in the United Kingdom and their agencies, branches or establishments in the United Kingdom; or
- (ii) to persons resident in the United Kingdom who have special relationships with persons not so resident; or
- (d) for conferring on persons not resident in the United Kingdom the right to a tax credit under section 397(1) of ITTOIA 2005 in respect of qualifying distributions made to them by companies which are so resident.
- (4) The provisions of Chapter II of this Part shall apply where arrangements which have effect by virtue of this section provide that tax payable under the laws of the territory concerned shall be allowed as a credit against tax payable in the United Kingdom.
- (5) For the purposes of this section and, subject to section 795(3), Chapter II of this Part in its application to relief under this section, any amount of tax which would have been payable under the law of a territory outside the United Kingdom but for a relief to which this subsection applies given under the law of that territory shall be treated as having been payable; and references in this section and that Chapter to double taxation, to tax payable or chargeable, or to tax not chargeable directly or by deduction shall be construed accordingly.
- (6) Except in the case of a claim for an allowance by way of credit in accordance with Chapter II of this Part, a claim for relief under subsection (3)(a) above shall be made to the Board.
- (7) Where—
- (a) under any arrangements which have effect by virtue of this section, relief may be given, either in the United Kingdom or in the territory in relation to which the arrangements are made, in respect of any income or chargeable gains, and
- (b) it appears that the assessment to income tax or corporation tax made in respect of the income or chargeable gains is not made in respect of the full amount thereof, or is incorrect having regard to the credit, if any, which falls to be given under the arrangements,
any such assessments may be made as are necessary to ensure that the total amount of the income or chargeable gains is assessed, and the proper credit, if any, is given in respect thereof, and, where the income is, or the chargeable gains are, entrusted to any person in the United Kingdom for payment, any such assessment may be made on the recipient of the income or gains, and, in the case of an assessment to corporation tax in respect of income, may be assessed under Case VI of Schedule D.
- (8) Any arrangements to which effect is given under this section may include provision for relief from tax for periods before the passing of this Act, or before the making of the arrangements, and provisions as to income or chargeable gains which is or are not subject to double taxation, and the preceding provisions of this section shall have effect accordingly.
- (9) Any Order in Council made under this section revoking an earlier such Order in Council may contain such transitional provisions as appear to Her Majesty to be necessary or expedient.
- (10) An Order under this section is not to be submitted to Her Majesty in Council unless a draft of the Order has been laid before and approved by a resolution of the House of Commons.
#### Arrangements made under old law
##### 789
- (1) Notwithstanding section 793(2), any arrangements made in relation to the profits tax under section 347 of the Income Tax Act 1952 or any earlier enactment corresponding to that section shall, except in so far as arrangements made after the passing of the Finance Act 1965 provide otherwise, have effect in relation to corporation tax and income and gains chargeable to corporation tax as they are expressed to have effect in relation to the profits tax and profits chargeable to the profits tax, with the substitution of accounting periods for chargeable accounting periods (and not as they had effect in relation to income tax).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Any reference in the Tax Acts (including this Part) to arrangements under or by virtue of section 788 includes a reference to arrangements having effect by virtue of this section.
#### Unilateral relief
##### 790
- (1) To the extent appearing from the following provisions of this section, relief from income tax and corporation tax in respect of income and chargeable gains shall be given in respect of tax payable under the law of any territory outside the United Kingdom by allowing that tax as a credit against income tax or corporation tax, notwithstanding that there are not for the time being in force any arrangements under section 788 providing for such relief.
- (2) Relief under subsection (1) above is referred to in this Part as “*unilateral relief*”.
- (3) Unilateral relief shall be such relief as would fall to be given under Chapter II of this Part if arrangements in relation to the territory in question containing the provisions specified in subsections (4) to (10C) below were in force by virtue of section 788, but subject to any particular provision made with respect to unilateral relief in that Chapter; and any expression in that Chapter which imports a reference to relief under arrangements for the time being having effect by virtue of that section shall be deemed to import also a reference to unilateral relief.
- (4) Credit for tax paid under the law of the territory outside the United Kingdom and computed by reference to income arising or any chargeable gain accruing in that territory shall be allowed against any United Kingdom income tax or corporation tax computed by reference to that income or gain (profits from, or remuneration for, personal or professional services performed in that territory being deemed for this purpose to be income arising in that territory).
- (5) Subsection (4) above shall have effect subject to the following modifications, that is to say—
- (a) where the territory is the Isle of Man or any of the Channel Islands, the limitation to income or gains arising in the territory shall not apply;
- (b) where arrangements in relation to the territory are for the time being in force by virtue of section 788, credit for tax paid under the law of the territory shall not be allowed by virtue of subsection (4) above in the case of any income or gains if any credit for that tax is allowable under those arrangements in respect of that income or those gains; and
- (c) credit shall not be allowed by virtue of subsection (4) above for overseas tax on a dividend paid by a company resident in the territory unless—
- (i) the overseas tax is directly charged on the dividend, whether by charge to tax, deduction of tax at source or otherwise, and the whole of it represents tax which neither the company nor the recipient would have borne if the dividend had not been paid; or
- (ii) the dividend is paid to a company within subsection (6) below; or
- (iii) the dividend is paid to a company to which section 802(1) applies and is a dividend of the kind described in that subsection.
- (6) Where a dividend paid by a company resident in the territory is paid to a company falling within subsection (6A) below which either directly or indirectly controls, or is a subsidiary of a company which directly or indirectly controls—
- (a) not less than 10 per cent. of the voting power in the company paying the dividend; or
- (b) less than 10 per cent. of the voting power in the company paying the dividend if—
- (i) it has been reduced below that percentage on or after 1st April 1972; or
- (ii) it has been acquired on or after that date in exchange for voting power in another company in respect of which relief under this subsection by virtue of paragraph (a) above was due prior to the exchange;
and the company receiving the dividend shows that the conditions specified in subsection (7) below are satisfied;
any tax in respect of its profits paid under the law of the territory by the company paying the dividend shall be taken into account in considering whether any, and if so what, credit is to be allowed in respect of the dividend.
- (6A) A company falls within this subsection if—
- (a) it is resident in the United Kingdom; or
- (b) it is resident outside the United Kingdom but the dividend mentioned in subsection (6) above forms part of the profits of a permanent establishment of the company’s in the United Kingdom.
- (7) The conditions referred to in subsection (6)(b) above are as follows—
- (a) that the reduction below the 10 per cent. limit (and any further reduction) or, as the case may be, the exchange (and any reduction thereafter) could not have been prevented by any reasonable endeavours on the part of the company receiving the dividend and was due to a cause or causes not reasonably foreseeable by it when control of the relevant voting power was acquired; and
- (b) no reasonable endeavours on the part of that company could have restored or, as the case may be, increased the voting power to not less than 10 per cent.
- (8) In subsection (7) above references to the company receiving the dividend include references—
- (a) to any company of which it is a subsidiary within the meaning of section 792(2); and
- (b) where prior to the reduction or exchange the voting power in question was controlled otherwise than directly by the company receiving the dividend, to each other company relevant for determining whether that voting power was controlled as required by subsection (6)(a) above.
- (9) In subsection (7) above “*the relevant voting power*” means the voting power by virtue of which relief was due under subsection (6)(a) above prior to the reduction or exchange or, where control of the whole of that voting power was not acquired at the same time, that part of the voting power of which control was last acquired.
- (10) In any case in which relief in respect of a dividend is due by virtue of subsection (6)(b) above, there shall be taken into account, as if it were tax payable under the law of the territory in which the company paying the dividend is resident, any tax that would be so taken into account under section 801 if the company paying the dividend and the company receiving it were related to each other within the meaning of section 801(5).
- (10A) In any case where—
- (a) under the law of the territory outside the United Kingdom, an amount of tax (“*the spared tax*”) would, but for a relief, have been payable by a company resident in that territory (“*company A*”) in respect of any of its profits,
- (b) company A pays a dividend out of those profits to another company resident in that territory (“*company B*”),
- (c) company B, out of profits which consist of or include the whole or part of that dividend, pays a dividend to a company resident in the United Kingdom (“*company C*”), and
- (d) the circumstances are such that, had company B been resident in the United Kingdom, it would have been entitled, under arrangements made in relation to the territory outside the United Kingdom and having effect by virtue of section 788, to a relief to which subsection (5) of that section applies in respect of the spared tax,
subsection (10B) below shall apply.
- (10B) In any case falling within subsection (10A) above, the spared tax shall be taken into account for the purposes of—
- (a) the other provisions of this section, and
- (b) subject to section 795(3), Chapter II of this Part in its application to relief under this section in relation to the dividend paid to company C,
as if it had been payable and paid; and references in this section and that Chapter to double taxation, to tax payable or chargeable, or to tax not chargeable directly or by deduction shall be construed accordingly.
- (10C) Except as provided by subsection (10B) above, in relation to any dividend paid—
- (a) to a company resident in the United Kingdom,
- (b) by a company resident in the territory outside the United Kingdom,
credit by virtue of section 801 does not fall to be given by virtue of this section in respect of tax which would have been payable under the law of that or any other territory outside the United Kingdom but for a relief (notwithstanding any arrangements made in relation to that or any other territory outside the United Kingdom which have effect by virtue of section 788 and provide for a relief to which subsection (5) of that section applies).
- (11) Where—
- (a) unilateral relief may by given in respect of any income or chargeable gain, and
- (b) it appears that the assessment to income tax or corporation tax made in respect of the income or chargeable gain is not made in respect of the full amount thereof, or is incorrect having regard to the credit, if any, which falls to be given by way of unilateral relief,
any such assessments may be made as are necessary to ensure that the total amount of the income or chargeable gain is assessed, and the proper credit, if any, is given in respect thereof, and, where the income is, or the chargeable gain is, entrusted to any person in the United Kingdom for payment, any such assessment may be made on the recipient of the income or gain, and, in the case of an assessment to corporation tax in respect of income, may be assessed under Case VI of Schedule D.
- (12) In this section and in Chapter II of this Part in its application to unilateral relief, references to tax payable or paid under the law of a territory outside the United Kingdom include only references—
- (a) to taxes which are charged on income and which correspond to United Kingdom income tax, and
- (b) to taxes which are charged on income or chargeable gains and which correspond to United Kingdom corporation tax;
but for this purpose tax under the law of any such territory shall not be treated as not corresponding to income tax or corporation tax by reason only that it is payable under the law of a province, state or other part of a country, or is levied by or on behalf of a municipality or other local body.
#### Power to make regulations for carrying out section 788
##### 791
The Board may from time to time make regulations generally for carrying out the provisions of section 788 or any arrangements having effect thereunder, and may in particular by those regulations provide—
- (a) for securing that relief from taxation imposed by the laws of the territory to which any such arrangements relate does not enure for the benefit of persons not entitled to such relief; and
- (b) for authorising, in cases where tax deductible from any payment has, in order to comply with any such arrangements, not been deducted, and it is discovered that the arrangements did not apply to that payment, the recovery of the tax by assessment on the person entitled to the payment or by deduction from subsequent payments.
### CHAPTER II — RULES GOVERNING RELIEF BY WAY OF CREDIT
### General
#### Interpretation of credit code
##### 792
- (1) In this Chapter, except where the context otherwise requires—
- “*arrangements*” means any arrangements having effect by virtue of section 788;
- “*foreign tax*” means, in relation to any territory, arrangements in relation to which have effect by virtue of section 788, any tax chargeable under the laws of that territory for which credit may be allowed under the arrangements (other than special withholding tax within the meaning of Chapter 7 of Part 3 of the Finance Act 2004);
- “*the United Kingdom taxes*” means income tax and corporation tax;
- “*underlying tax*” means, in relation to any dividend, tax which is not chargeable in respect of that dividend directly or by deduction; and
- “*unilateral relief*” means relief under section 790.
- (2) For the purposes of this Chapter one company is a subsidiary of another if the other company controls, directly or indirectly, not less than 50 per cent. of the voting power in the first company.
- (3) Any reference in this Chapter to foreign tax shall be construed in relation to credit to be allowed under any arrangements as a reference only to tax chargeable under the laws of the territory in relation to which the arrangements were made.
#### Reduction of United Kingdom taxes by amount of credit due
##### 793
- (1) Subject to the provisions of this Chapter, where under any arrangements credit is to be allowed against any of the United Kingdom taxes chargeable in respect of any income or chargeable gain, the amount of the United Kingdom taxes so chargeable shall be reduced by the amount of the credit.
- (2) Nothing in subsection (1) above authorises the allowance of credit against any United Kingdom tax against which credit is not allowable under the arrangements.
- (3) Credit against income tax is given effect at Step 6 of the calculation in section 23 of ITA 2007.
#### Requirement as to residence
##### 794
- (1) Subject to subsection (2) below, credit shall not be allowed under any arrangements against any of the United Kingdom taxes for any chargeable period unless the person in respect of whose income or chargeable gains the United Kingdom tax is chargeable is resident in the United Kingdom for that period.
- (2) Credit may be allowed by way of unilateral relief—
- (a) for tax paid under the law of the Isle of Man or any of the Channel Islands, if the person in question is, for the chargeable period in question, resident either in the United Kingdom or in the Isle of Man or any of the Channel Islands, as the case may be;
- (b) for tax paid under the law of any territory and computed by reference to income from an office or employment the duties of which are performed wholly or mainly in that territory, against income tax on employment income and computed by reference to that income, if the person in question is for the year of assessment in question resident either in the United Kingdom or that territory; and
- (bb) for tax paid under the law of any territory outside the United Kingdom in respect of the income or chargeable gains of a branch or agency in the United Kingdom of a person who is not resident in the United Kingdom, where the following conditions are fulfilled, namely—
- (i) that the territory under whose law the tax was paid is not one in which the person is liable to tax by reason of domicile, residence or place of management; and
- (ii) that the amount of relief claimed does not exceed (or is by the claim expressly limited to) that which would have been available if the branch or agency had been a person resident in the United Kingdom and the income or gains in question had been income or gains of that person.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Computation of income subject to foreign tax
##### 795
- (1) Where credit for foreign tax falls under any arrangements to be allowed in respect of any income and income tax is payable by reference to the amount received in the United Kingdom, the amount received shall be treated for the purposes of income tax as increased by —
- (a) the amount of the foreign tax in respect of the income, including in the case of a dividend any underlying tax which under the arrangements is to be taken into account in considering whether any and if so what credit is to be allowed in respect of the dividend , and
- (b) the amount of any special withholding tax levied in respect of the income.
- (2) Where credit for foreign tax falls under any arrangements to be allowed in respect of any income or gain and subsection (1) above does not apply, then, in computing the amount of the income or gain for the purposes of income tax or corporation tax—
- (a) no deduction shall be made for foreign tax or special withholding tax, whether in respect of the same or any other income or gain; and
- (b) the amount of the income shall, in the case of a dividend, be treated as increased by—
- (i) any underlying tax which, under the arrangements, is to be taken into account in considering whether any and if so what credit is to be allowed in respect of the dividend , and
- (ii) any underlying tax which, by virtue of section 799(1)(b) or section 799(1B)(b), does not fall to be so taken into account.
- (3) The amount of any income or gain shall not be treated as increased under this section by reference to any foreign tax which, although not payable, falls to be taken into account for the purposes of section 788(5).
- (3A) The amount of any income or gain shall not be increased under subsection (2)(b)(i) above by so much of any underlying tax—
- (a) as represents an increase under section 801(4B); or
- (b) as represents relievable underlying tax (within the meaning of sections 806A to 806J) arising in respect of another dividend and treated as underlying tax under those sections.
- (4) Subsections (2) and (3) above have effect for the purposes of corporation tax notwithstanding anything in —
- (a) section 80(5) of the Finance Act 1996 (matters to be brought into account in the case of loan relationships only under Chapter II of Part IV of that Act) ; or
- (b) paragraph 1(3) of Schedule 29 to the Finance Act 2002 (matters to be brought into account in respect of intangible fixed assets only under that Schedule).
- (5) In this section—
- (a) “*special withholding tax*” has the same meaning as in Chapter 7 of Part 3 of the Finance Act 2004 (see section 107(3) of that Act); and
- (b) references to special withholding tax are to special withholding tax in respect of which a claim has been made under that Chapter.
#### Limits on credit: income tax
##### 796
- (1) The amount of the credit for foreign tax which, under any arrangements, is to be allowed to a person against income tax for any year of assessment shall not exceed the difference between the amounts of income tax which would be borne by him for the year (no credit being allowed for foreign tax but allowing for the making of any other income tax reduction under the Income Tax Acts, except a reduction under section 26 of FA 2005)—
- (a) if he were charged to tax on his total income for the year, computed in accordance with section 795; and
- (b) if he were charged to tax on the same income, computed in the same way, but excluding the income in respect of which the credit is to be allowed.
- (2) Where credit for foreign tax is to be allowed in respect of income from more than one source, subsection (1) above shall be applied successively to the income from each source, but so that on each successive application, paragraph (a) shall apply to the total income exclusive of the income to which the subsection has already been applied.
- (2A) See section 29(2) and (3) of ITA 2007 (tax reductions limited by reference to tax liability) for further limits on the total amount of credit for foreign tax to be allowed to a person against income tax.
- (3) Without prejudice to subsections (1) and (2) above, the total credit for foreign tax to be allowed to a person against income tax for any year of assessment under all arrangements having effect by virtue of section 788 shall not exceed the total income tax payable by him for that year of assessment, less the total amount of the tax treated under section 414 of ITA 2007 (gift aid) as deducted from gifts made by him in that year.
#### Limits on credit: corporation tax
##### 797
- (1) The amount of the credit for foreign tax which under any arrangements is to be allowed against corporation tax in respect of any income or chargeable gain (“the relevant income or gain”) shall not exceed the corporation tax attributable to the relevant income or gain, determined in accordance with the following provisions of this section below.
- (2) Subject to subsections (2A) and (3) below, the amount of corporation tax attributable to the relevant income or gain shall be treated as equal to such proportion of the amount of that income or gain as corresponds to the rate of corporation tax payable by the company (before any credit under this Part) on its income or chargeable gains for the accounting period in which the income arises or the gain accrues (“the relevant accounting period”).
- (2A) The provisions of section 11AA (profits attributable to permanent establishment), and of any regulations made under that section, apply, with the necessary modifications, in determining for the purposes of this section how much of the chargeable profits of a company resident in the United Kingdom is attributable to a permanent establishment of the company outside the United Kingdom.
- (3) Where in the relevant accounting period there is any deduction to be made for charges on income, expenses of management expenses payable (within the meaning of section 76(1)) or other amounts which can be deducted from or set against or treated as reducing profits of more than one description—
- (a) the company may for the purposes of this section allocate the deduction in such amounts and to such of its profits for that period as it thinks fit; and
- (b) the amount of the relevant income or gain shall be treated for the purposes of subsection (2) above as reduced or, as the case may be, extinguished by so much (if any) of the deduction as is allocated to it.
- (3A) Where, in a case to which section 797A does not apply, a company has a non-trading deficit on its loan relationships for the relevant accounting period, then for the purposes of subsection (3) above that deficit shall be treated, to the extent that it is an amount to which a claim under—
- (a) subsection (2)(a) of section 83 of the Finance Act 1996 (deficit set against current year profits), or
- (b) paragraph 4(2) of Schedule 11 to that Act (set-off of deficits in the case of insurance companies),
relates, as an amount that can in that period be set against profits of any description but can be allocated in accordance with subsection (3) above only to the profits against which it is set off in pursuance of the claim.
- (3B) For the purposes of subsection (3) above, where—
- (a) section 797A does not apply in the case of any company, and
- (b) any amount is carried forward to the relevant accounting period in pursuance of subsection (3A) of section 83 of the Finance Act 1996 . . . ,
then that amount must be allocated to non-trading profits of the company for that period (so far as they are sufficient for the purpose) and cannot be allocated to any other profits.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In this section “*non-trading profits*” has the same meaning as in paragraph 4 of Schedule 8 to the Finance Act 1996.
- (6) In this section “*non-trading profits*” has the same meaning as in Chapter 16 of Part 5 of CTA 2009 (see section 457(5) of that Act).
#### Interest on certain overseas loans
@@ -14914,9 +12730,9 @@
- (3) This section has effect for the purposes of corporation tax notwithstanding anything in —
- (a) section 80(5) of the Finance Act 1996 (matters to be brought into account in the case of loan relationships only under Chapter II of Part IV of that Act) ; or
- (b) paragraph 1(3) of Schedule 29 to the Finance Act 2002 (matters to be brought into account in respect of intangible fixed assets only under that Schedule).
- (a) section 464(1) of CTA 2009 (matters to be brought into account in the case of loan relationships only under Part 5 of that Act) ; or
- (b) section 906(1) of CTA 2009 (matters to be brought into account in respect of intangible fixed assets only under Part 8 of that Act).
- (4) Where the amount by which any income is treated under subsection (1) above as reduced is rendered excessive or insufficient by reason of any adjustment of the amount of any tax payable either—
@@ -15113,13 +12929,7 @@
##### 817
- (1) In arriving at the amount of profits or gains for corporation tax purposes—
- (a) no other deductions shall be made than such as are expressly enumerated in the Corporation Tax Acts; and
- (b) no deduction shall be made on account of any annuity or other annual payment (not being interest) to be paid out of such profits or gains in regard that a proportionate part of income tax is allowed to be deducted on making any such payment.
- (2) In arriving at the amount of profits or gains for corporation tax purposes from any property described in the Corporation Tax Acts, or from any office . . . , no deduction shall be made on account of diminution of capital employed, or of loss sustained, in any trade or profession.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Arrangements for payments of interest less tax or of fixed net amount
@@ -15145,7 +12955,7 @@
- (1) Where, in any year of assessment or accounting period, any half-yearly or quarterly payments (or half-periodic or quarterly payments) have been made on account of any interest, dividends or other annual profits or gains, previously to the passing of the Act imposing income or corporation tax for that year or period, and tax has not been charged thereon or deducted therefrom or has not been charged thereon or deducted therefrom at the rate ultimately imposed for that year or period—
- (a) the amount not so charged or deducted shall be charged in respect of those payments to income tax under Chapter 2 of Part 4 of ITTOIA 2005 (interest) or shall be charged to corporation tax underunder Case III of Schedule D . . . ; and
- (a) the amount not so charged or deducted shall be charged in respect of those payments to income tax under Chapter 2 of Part 4 of ITTOIA 2005 (interest) or shall be charged to corporation tax. . . . . . ; and
- (b) the agents entrusted with the payment of the interest, dividends or other annual profits or gains shall furnish to the Board a list containing the names and addresses of the persons to whom payments have been made and the amount of those payments, upon a requisition made by the Board in that behalf.
@@ -15357,11 +13167,11 @@
- (c) a payment falls to be made to a company of the whole or part of the tax credit comprised in any franked investment income received by the company in such an accounting period ; or
- (d) a payment of R&D tax credit falls to be made to a company under Schedule 20 to the Finance Act 2000 in respect of an accounting period; or
- (da) a payment of a tax credit falls to be made to a company under Schedule 13 to the Finance Act 2002 in respect of an accounting period, or
- (e) a payment of land remediation tax credit or life assurance company tax credit falls to be made to a company under Schedule 22 to the Finance Act 2001 in respect of an accounting period; or
- (d) a payment of R&D tax credit falls to be made to a company under Chapter 2 or 7 of Part 13 of CTA 2009 in respect of an accounting period; or
- (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) a payment of land remediation tax credit or life assurance company tax credit falls to be made to a company under Part 14 of CTA 2009 in respect of an accounting period; or
- (f) a payment of film tax credit falls to be made to a company, or
@@ -15383,38 +13193,32 @@
For this purpose “*the filing date*”, in relation to a company tax return, has the same meaning as in Schedule 18 to the Finance Act 1998.
- (3AA) In relation to a payment of tax credit falling within subsection (1)(da) above, the material date is whichever is the later of—
- (a) the filing date for the company’s company tax return for the accounting period for which the tax credit is claimed, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment of the tax credit is delivered to the Inland Revenue.
- (3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) In relation to a payment of land remediation tax credit or life assurance company tax credit falling within subsection (1)(e) above the material date is whichever is the later of—
- (a) the filing date for the company’s company tax return for the accounting period for which the land remediation tax credit or the life assurance company tax credit is claimed, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment of the land remediation tax credit or the life assurance company tax credit is delivered to the Inland Revenue.
For this purpose “*the filing date*”, in relation to a company tax return, has the same meaning as in Schedule 18 to the Finance Act 1998.
- (3B) In relation to a payment of land remediation tax credit or life assurance company tax credit falling within subsection (1)(e) above the material date is whichever is the later of—
- (a) the filing date for the company’s company tax return for the accounting period for which the land remediation tax credit or the life assurance company tax credit is claimed, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment of the land remediation tax credit or the life assurance company tax credit is delivered to the Inland Revenue.
- (3C) In relation to a payment of film tax credit the material date is whichever is the later of—
- (a) the filing date for the company's company tax return for the accounting period for which the tax credit is payable, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment is delivered to an officer of Revenue and Customs.
For this purpose “*the filing date*”, in relation to a company tax return, has the same meaning as in Schedule 18 to the Finance Act 1998.
- (3C) In relation to a payment of film tax credit the material date is whichever is the later of—
- (a) the filing date for the company's company tax return for the accounting period for which the tax credit is payable, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment is delivered to an officer of Revenue and Customs.
- (3D) In relation to a payment of first-year tax credit falling within subsection (1)(g) above the material date is whichever is the later of—
- (a) the filing date for the company's company tax return for the accounting period for which the tax credit is claimed, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment of the tax credit is delivered to the Commissioners for Her Majesty's Revenue and Customs.
For this purpose “*the filing date*”, in relation to a company tax return, has the same meaning as in Schedule 18 to the Finance Act 1998.
- (3D) In relation to a payment of first-year tax credit falling within subsection (1)(g) above the material date is whichever is the later of—
- (a) the filing date for the company's company tax return for the accounting period for which the tax credit is claimed, and
- (b) the date on which the company tax return or amended company tax return containing the claim for payment of the tax credit is delivered to the Commissioners for Her Majesty's Revenue and Customs.
For this purpose “*the filing date*”, in relation to a company tax return, has the same meaning as in Schedule 18 to the Finance Act 1998.
- (4) For the purposes of this section a repayment of tax made on a claim under section 419(4) shall be treated as if it were a repayment of corporation tax for the accounting period in which the event giving rise to entitlement to relief under section 419(4) occurred but, in relation to such a repayment of tax, the material date for the purposes of this section is—
- (a) the date when the entitlement to relief in respect of the repayment accrued, that is to say—
@@ -15427,13 +13231,9 @@
- (b) if it is later, the date on which the tax which is to be repaid was in fact paid.
- (5) Interest paid under this section—
- (a) shall be paid without any deduction of income tax and
- (b) subject to subsection (5A) below, shall not be brought into account in computing any profits or income.
- (5A) Paragraph (b) of subsection (5) above does not apply in relation to interest payable to a company within the charge to corporation tax.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Where a repayment of corporation tax is a repayment of tax paid by a company on different dates, the repayment shall so far as possible be treated for the purposes of this section as a repayment of tax paid on a later rather than an earlier date among those dates.
@@ -15475,11 +13275,11 @@
- (a) there is for an accounting period of a company (“*the later period*”) a non-trading deficit on the company’s loan relationships,
- (b) as a result of a claim under section 83(2)(c) of the Finance Act 1996 or paragraph 4(3) of Schedule 11 to that Act the whole or part of the deficit for the later period is set off against profits of an earlier accounting period (“*the earlier period*”), and
- (b) as a result of a claim under section 389(1) or 459(1)(b) of CTA 2009 the whole or part of the deficit for the later period is set off against profits of an earlier accounting period (“*the earlier period*”), and
- (c) a repayment falls to be made of corporation tax for the earlier period or of income tax in respect of a payment received by the company in that accounting period,
then, in determining the amount of interest (if any) payable under this section on the repayment referred to in paragraph (c) above, no account shall be taken of so much of the amount of the repayment as falls to be made as a result of the claim under section 83(2)(c) of that Act or, as the case may be, paragraph 4(3) of Schedule 11 to that Act except so far as concerns interest for any time after the date on which any corporation tax for the later period became (or, as the case may be, would have become) due and payable, as mentioned in subsection (7D) below.
then, in determining the amount of interest (if any) payable under this section on the repayment referred to in paragraph (c) above, no account shall be taken of so much of the amount of the repayment as falls to be made as a result of the claim under section 389(1) or 459(1)(b) of CTA 2009 except so far as concerns interest for any time after the date on which any corporation tax for the later period became (or, as the case may be, would have become) due and payable, as mentioned in subsection (7D) below.
- (7CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .)
@@ -15491,13 +13291,13 @@
- (8A) Where—
- (a) interest has been paid to a company under subsection (1)(a) , (d), (da), (e) or (f) above,
- (a) interest has been paid to a company under subsection (1)(a) , (d), (e) or (f) above,
- (b) there is—
- (i) a change in the company’s assessed liability to corporation tax, or
- (ii) a change in the amount of the R&D tax credit , tax credit under Schedule 13 to the Finance Act 2002, land remediation tax credit or life assurance company tax creditor film tax creditor first-year tax credit under Schedule A1 to the Capital Allowances Act payable to the company (which does not result in a change falling within sub-paragraph (i)),
- (ii) a change in the amount of the R&D tax credit . . . , land remediation tax credit or life assurance company tax creditor film tax creditor first-year tax credit under Schedule A1 to the Capital Allowances Act payable to the company (which does not result in a change falling within sub-paragraph (i)),
other than a change which in whole or in part corrects an error made by the Board or an officer of the Board, and
@@ -15513,7 +13313,7 @@
whether or not any previous assessment or determination has been made.
- (8BA) For the purposes of subsection (8A)(b) above, the cases where there is a change in the amount of the R&D tax credit , tax credit under Schedule 13 to the Finance Act 2002, the land remediation tax credit or the life assurance company tax creditor film tax creditor first-year tax credit under Schedule A1 to the Capital Allowances Act payable to the company are those cases where an assessment, or an amendment to an assessment, is made to recover an amount of R&D tax credit , tax credit under Schedule 13 to the Finance Act 2002, land remediation tax credit or life assurance company tax creditor film tax creditor first-year tax credit under Schedule A1 to the Capital Allowances Act paid to the company for the accounting period in question.
- (8BA) For the purposes of subsection (8A)(b) above, the cases where there is a change in the amount of the R&D tax credit . . . , the land remediation tax credit or the life assurance company tax creditor film tax creditor first-year tax credit under Schedule A1 to the Capital Allowances Act payable to the company are those cases where an assessment, or an amendment to an assessment, is made to recover an amount of R&D tax credit . . . , land remediation tax credit or life assurance company tax creditor film tax creditor first-year tax credit under Schedule A1 to the Capital Allowances Act paid to the company for the accounting period in question.
- (8C) In subsection (8A)(b) above “*error*” includes—
@@ -15589,6 +13389,8 @@
the payment shall not be allowed as a deduction in computing any income, profits or losses for any corporation tax purposes (but see also subsection (3)(a) below).
- (1H) Where a person is liable to make a payment by way of penalty under Schedule 24 to the Finance Act 2007 (penalties for errors) the payment shall not be allowed as a deduction in computing any income, profits or losses for any corporation tax purposes (but see also subsection (3)(a) below).
- (2) A sum paid to any person by way of supplement under section 79 of that Act shall be disregarded for all purposes of corporation tax (but see also subsection (3)(b) below).
- (3) For income tax purposes—
@@ -15607,17 +13409,17 @@
- (3) Subject to subsections (4) and (5) below and to any other provision to the contrary, any statutory instrument containing any order or regulations made by the Treasury or the Board under this Act or under any provision of the Corporation Tax Acts not contained in this Act (including enactments passed after this Act) shall be subject to annulment in pursuance of a resolution of the House of Commons.
- (4) Subsection (3) above shall not apply in relation to an order or regulations made under section . . . 79B(5),. . . . . . . . . . . . . . . 590C(6). . . 791 or 840A(1)(d) or paragraph 7 of Schedule 14 . . . or—
- (4) Subsection (3) above shall not apply in relation to an order or regulations made under section . . . . . . . . . . . . . . . . . . . . . 590C(6). . . 791 or 840A(1)(d) or paragraph 7 of Schedule 14 . . . or—
- (a) if any other Parliamentary procedure is expressly provided;
- (b) if the order in question is an order appointing a day for the purposes of any provision of the Tax Acts, being a day as from which the provision will have effect, with or without amendments, or will cease to have effect.
- (5) Nothing in this section applies in relation to any of the following (in relation to which section 570B of the Capital Allowances Act or section 717 of ITEPA 2003 . . . applies)—
- (a) any power of the Treasury or the Board to make any order or regulations under the Capital Allowances Act or ITEPA 2003 . . . ;
- (b) any statutory instrument containing any order or regulations made by the Treasury or the Board under either of those Acts.
- (5) Nothing in this section applies in relation to any of the following (in relation to which section 570B of the Capital Allowances Act, section 717 of ITEPA 2003 or section 1310 of CTA 2009. . . applies)—
- (a) any power of the Treasury or the Board to make any order or regulations under the Capital Allowances Act, ITEPA 2003 or CTA 2009. . . ;
- (b) any statutory instrument containing any order or regulations made by the Treasury or the Board under any of those Acts.
- (6) Nothing in this section applies in relation to any of the following (in relation to which section 282 of the Finance Act 2004 applies)—
@@ -15635,19 +13437,13 @@
##### 830
- (1) The territorial sea of the United Kingdom shall for all purposes of . . . corporation tax (including the following provisions of this section) be deemed to be part of the United Kingdom.
- (2) In this section—
- (a) “*exploration or exploitation activities*” means activities carried on in connection with the exploration or exploitation of so much of the seabed and subsoil and their natural resources as is situated in the United Kingdom or a designated area;
- (b) “*exploration or exploitation rights*” means rights to assets to be produced by exploration or exploitation activities or to interests in or to the benefit of such assets; and
- (c) “*designated area*” means an area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964.
- (3) Any profits or gains from exploration or exploitation activities carried on in a designated area or from exploration or exploitation rights shall be treated for the purposes of . . . corporation tax as profits or gains from activities or property in the United Kingdom.
- (4) Any profits or gains arising to any person not resident in the United Kingdom from exploration or exploitation activities or rights shall for the purposes of corporation tax be treated as profits of a trade carried on by that person in the United Kingdom through a branch or agency.
- (1) The territorial sea of the United Kingdom shall for all purposes of . . . corporation tax . . . be deemed to be part of the United Kingdom.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -15667,6 +13463,8 @@
- (3) In this Act—
- “*CTA 2009*” means the Corporation Tax Act 2009;
- “*ITEPA 2003*” means the Income Tax (Earnings and Pensions) Act 2003;
- “*ITTOIA 2005*” means the Income Tax (Trading and Other Income) Act 2005;
@@ -15767,7 +13565,7 @@
- “*ordinary share capital*”, in relation to a company, means all the issued share capital (by whatever name called) of the company, other than capital the holders of which have a right to a dividend at a fixed rate but have no other right to share in the profits of the company;
- “*overseas property business*”—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . has the meaning given by section 70A(4);
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*period of account*”—in relation to a person, means any period for which the person draws up accounts, andin relation to a trade, profession, vocation or other business means any period for which accounts of the business are drawn up;
@@ -15791,7 +13589,7 @@
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*Schedule A business*” means any business the profits or gains of which are chargeable to corporation tax under Schedule A, including the business in the course of which any transaction is by virtue of paragraph 1(2) of that Schedule to be treated as entered into;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*scheme administrator*”, in relation to a pension scheme, has the meaning given by section 270 of the Finance Act 2004 (but see also sections 271 to 274 of that Act);
@@ -15811,6 +13609,8 @@
- “*trade*” includes every trade, manufacture, adventure or concern in the nature of trade;
- “*tribunal*” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal
- “*UK generally accepted accounting practice*” has the meaning given by section 50(4) of the Finance Act 2004;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -15843,7 +13643,7 @@
- (3) Except so far as the context otherwise requires, in the Tax Acts, and in any enactment passed after 12th March 1970 which by any express provision is to be construed as one with the Tax Acts, the Corporation Tax Acts or the Income Tax Acts, “tax”, where neither income tax nor corporation tax is specified, means either of those taxes.
- (4) Subsection (3) above is without prejudice to the provisions of section 9 which apply income tax law for certain purposes of corporation tax, and accordingly the employment of “income tax” rather than “tax” in any provision of the Tax Acts is not a conclusive indication that that provision is not applied to corporation tax by that section.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) Any reference in the Corporation Tax Acts to franked investment income received by a company apply to any such income received by another person on behalf of or in trust for the company, but not to any such income received by the company on behalf of or in trust for another person.
@@ -15863,23 +13663,31 @@
- “*accounting date*” means the date to which a company makes up its accounts . . . ;
- “*accounting period*” shall be construed in accordance with section 12;
- “*accounting period*” shall be construed in accordance with Chapter 2 of Part 2 of CTA 2009;
- “*allowable loss*” does not include, for the purposes of corporation tax in respect of chargeable gains, a loss accruing to a company in such circumstances that if a gain accrued the company would be exempt from corporation tax in respect of it does not include a loss accruing to a company in such circumstances that if a gain accrued the company would be exempt from corporation tax in respect of it.;
- “*branch or agency*” means any factorship, agency, receivership, branch or management;
- “*chargeable profits*”, in relation to a company that is not resident in the United Kingdom—for corporation tax purposes generally, has the meaning given by section 11(2), andfor the purposes of Chapter 4 of Part 17 (controlled foreign companies), has the meaning given by section 747(6);
- “*the charge to corporation tax on income*” has the same meaning as in CTA 2009 (see section 2(3));
- “*chargeable profits*”, in relation to a company that is not resident in the United Kingdom—for corporation tax purposes generally, has the meaning given by section 19 of CTA 2009, andfor the purposes of Chapter 4 of Part 17 (controlled foreign companies), has the meaning given by section 747(6);
- “*charges on income*” has the meaning given by section 338A;
- “*derivative contract*” has the same meaning as it has for the purposes of Schedule 26 to the Finance Act 2002;
- “*derivative contract*” has the same meaning as it has for the purposes of Part 7 of CTA 2009;
- “*the financial year 1988*” means the financial year beginning with April 1988, and similarly with references embodying other dates;
- “*group relief*” has the meaning given by section 402;
- “*loan relationship*” has the same meaning as it has for the purposes of Chapter II of Part IV of the Finance Act 1996;“*non-trading deficit*”, in relation to a company’s loan relationships, shall be construed in accordance with section 82 of the Finance Act 1996;
- “*income*” includes anything to which the charge to corporation tax on income applies;
- “*loan relationship*” has the same meaning as it has for the purposes of Part 5 of CTA 2009;
- “*non-trading deficit*”, in relation to a company’s loan relationships, shall be construed in accordance with section 301 of CTA 2009;
- “*registered industrial and provident society*” means—a society registered or treated as registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969, oran SCE formed in accordance with Council Regulation [(EC) No 1435/2003](https://www.legislation.gov.uk/european/regulation/2003/1435) on the Statute for a European Co-Operative Society;
- “*statutory insolvency arrangement*” means—a voluntary arrangement that has taken effect under or as a result of the Insolvency Act 1986, Schedule 4 or 5 to the Bankruptcy (Scotland) Act 1985 or the Insolvency (Northern Ireland) Order 1989,a compromise or arrangement that has taken effect under Part 26 of the Companies Act 2006, orany arrangement or compromise of a kind corresponding to any of those mentioned in paragraph (a) or (b) above that has taken effect under or by virtue of the law of a country or territory outside the United Kingdom;
@@ -15889,17 +13697,19 @@
- Chapter II of Part X, except section 395;
- sections 75 and 76;
- section 76;
- section 490;
- sections 768 and 769;
- section 834C.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
- (3) For all the purposes of the Corporation Tax Acts dividends shall be treated as paid on the date when they become due and payable, except in so far as Chapter III of Part XII makes other provision for dividends treated as paid by virtue of that Chapter.
- (4) Except as otherwise provided by the Corporation Tax Acts, any apportionment to different periods which falls to be made under those Acts shall be made on a time basis according to the respective lengths of those periods.
- (4) Except as otherwise provided by the Corporation Tax Acts, any apportionment to different periods which falls to be made under those Acts , other than CTA 2009, shall be made on a time basis according to the respective lengths of those periods.
#### “Total income” in the Income Tax Acts
@@ -16089,9 +13899,9 @@
- (b) the amount of income which a company derives from shares or securities,
the amounts to be brought into account under Chapter 2 of Part 4 of the Finance Act 1996 in respect of the company’s loan relationships shall be determined without reference to any debtor relationships of the company.
- (1AC) In determining the amount of a company’s income for the purposes of subsection (1)(a) above, no account shall be taken of any amount that falls under section 75B(7)(b) to be regarded as income of the company chargeable under Case VI of Schedule D.
the amounts to be brought into account under Part 5 of CTA 2009 in respect of the company’s loan relationships shall be determined without reference to any debtor relationships of the company.
- (1AC) In determining the amount of a company’s income for the purposes of subsection (1)(a) above, no account shall be taken of any amount that is charged to corporation tax under section 1229(3)(b) of CTA 2009 (claw back of relief for expenses of management).
- (1A) For the purposes of paragraph (b) of subsection (1) above and the other provisions of this section having effect in relation to that paragraph—
@@ -16122,6 +13932,10 @@
- (b) the amount of the excess or, where the company distributes income in respect of the period, that amount together with the amount of income which the company so distributes is at least £10,000 or, where the period is less than 12 months, a proportionately reduced amount.
- (2C) Paragraph (e) of subsection (1) above shall not apply as regards an accounting period if the amount which the company would be required to distribute in order to fall within that paragraph is less than £10,000 or, where the period is less than 12 months, a proportionately reduced amount.
- (2D) For the purpose of determining whether a company may be approved for the purposes of this section for an accounting period, the excess of any relevant credits arising in that period over any relevant debits so arising is treated for the purposes of this section as income derived from shares or securities.
- (2E) In subsection (2D) “relevant credits” and “*relevant debits*”, in relation to an accounting period, means credits and debits which are brought into account in respect of that period by virtue of section 574 of CTA 2009 (non-trading credits and debits to be brought into account under Part 5 of that Act).
- (3) For the purposes of subsection (2) above—
@@ -19299,7 +17113,7 @@
- (2) In issuing a certificate in pursuance of sub-paragraph (1) above the Board may disregard any provision of the policy, standard form or addition which appears to them insignificant.
- (3) Where the Board refuse to certify a policy as being a qualifying policy, the person to whom it is issued may appeal to the General Commissioners or, if he so elects, to the Special Commissioners.
- (3) Where the Board refuse to certify a policy as being a qualifying policy, the person to whom it is issued may appeal . . . .
- (4) Sub-paragraphs (1) to (3) above do not apply in relation to such a policy as is mentioned in paragraphs 3 to 6 above.
@@ -19635,7 +17449,7 @@
##### 7
Notice of the giving of a direction under paragraph 5 or 6 above shall be given to the dual resident investing company concerned; and any company to which such a notice is given may, by giving notice of appeal to the Board within 60 days of the date of the notice given to the company, appeal to the Special Commissioners against the direction on either or both of the following grounds—
Notice of the giving of a direction under paragraph 5 or 6 above shall be given to the dual resident investing company concerned; and any company to which such a notice is given may, by giving notice of appeal to the Board within 60 days of the date of the notice given to the company, appeal . . . against the direction on either or both of the following grounds—
- (a) that the conditions applicable to the company under paragraph 5(2) or (3) above are not fulfilled or, as the case may be, that neither of the conditions in paragraph 6(1) above is fulfilled;
@@ -20784,7 +18598,7 @@
- (2) Nothing in sub-paragraph (1) above requires it to be assumed that there is any change in the place or places at which the company carries on its activities.
- (3) For the avoidance of doubt, it is hereby declared that, if any sums forming part of the company’s profits for an accounting period have been received by the company without any deduction of or charge to tax and have been so received by virtue of section 154(2) of the Finance Act 1996 the effect of the assumption in sub-paragraph (1) above is that those sums are to be brought within the charge to tax for the purposes of calculating the company’s chargeable profits or corresponding United Kingdom tax.
- (3) For the avoidance of doubt, it is hereby declared that, if any sums forming part of the company’s profits for an accounting period have been received by the company without any deduction of or charge to tax and have been so received by virtue of section 1279 of CTA 2009 the effect of the assumption in sub-paragraph (1) above is that those sums are to be brought within the charge to tax for the purposes of calculating the company’s chargeable profits or corresponding United Kingdom tax.
- (3A) In any case where—
@@ -20946,11 +18760,11 @@
##### 12
For the purposes of the application of section 584 to the company’s income it shall be assumed—
- (a) that any reference in paragraph (a) or paragraph (b) of subsection (1) of that section to the United Kingdom is a reference to both the United Kingdom and the territory in which the company is in fact resident; and
- (b) that a notice under subsection (2) of that section (expressing a wish to be assessed in accordance with that subsection) may be given on behalf of the company by the United Kingdom resident company or companies referred to in paragraph 4(2) above.
For the purposes of the application of Part 18 of CTA 2009 to the company’s income it shall be assumed—
- (a) that any reference in section 1274(3) or (4) of that Act to the United Kingdom is a reference to both the United Kingdom and the territory in which the company is in fact resident; and
- (b) that a claim under section 1275 of that Act (claim for relief for unremittable income) may be made on behalf of the company by the United Kingdom resident company or companies referred to in paragraph 4(2) above.
## SCHEDULE 25
@@ -20976,15 +18790,15 @@
- (1A) A payment of dividend to a company shall not fall within sub-paragraph (1)(d) above unless it is taken into account in computing the company’s income for corporation tax and—
- (a) it is chargeable neither under Case I of Schedule D nor under Case VI of that Schedule in circumstances where by virtue of section 436A profits are computed in accordance with the provisions of this Act applicable to Case I; or
- (b) if it is chargeable under Case I, or under Case VI in the circumstances described in paragraph (a) above, it is not involved in a UK tax avoidance scheme;
- (a) it is chargeable neither under Chapter 2 of Part 3 of CTA 2009 as profits of a trade carried on wholly or partly in the United Kingdom nor under section 436A (gross roll-up business: separate charge on profits); or
- (b) if it is chargeable under Chapter 2 of Part 3 of CTA 2009 as profits of a trade carried on wholly or partly in the United Kingdom, or under section 436A, it is not involved in a UK tax avoidance scheme;
and paragraph 2B below has effect for the purposes of paragraph (b) above.
- (1B) A dividend paid by a company shall not fall within sub-paragraph (1)(d) above if, and to the extent that, the profits which are the relevant profits in relation to the dividend derive from dividends or other distributions paid to the company at any time which are dividends or other distributions—
- (a) to which section 208 applied; or
- (a) to which section 1285 of CTA 2009 applied; or
- (b) to which that section would have applied if the company had been resident in the United Kingdom at that time.
@@ -21096,9 +18910,9 @@
- (1A) A payment to a company shall not be a subsequent dividend within the meaning of sub-paragraph (1)(b) above unless it is taken into account in computing the company’s income for corporation tax and—
- (a) it is chargeable neither under Case I of Schedule D nor under Case VI of that Schedule in circumstances where by virtue of section 436A profits are computed in accordance with the provisions of this Act applicable to Case I; or
- (b) if it is chargeable under Case I, or under Case VI in the circumstances described in paragraph (a) above, it is not involved in a UK tax avoidance scheme;
- (a) it is chargeable neither under Chapter 2 of Part 3 of CTA 2009 as profits of a trade carried on wholly or partly in the United Kingdom nor under section 436A (gross roll-up business: separate charge on profits); or
- (b) if it is chargeable under Chapter 2 of Part 3 of CTA 2009 as profits of a trade carried on wholly or partly in the United Kingdom, or under section 436A, it is not involved in a UK tax avoidance scheme;
and paragraph 4A below has effect for the purposes of paragraph (b) above.
@@ -21480,7 +19294,7 @@
shall be treated, in relation to the holding company, as if it were not derived directly from companies which it controls.
- (6) The reference in sub-paragraph (5) above to the non-trading income of a company is a reference to so much of its income as, if the company were carrying on its trade in the United Kingdom, would not be within the charge to corporation tax under Case I of Schedule D.
- (6) The reference in sub-paragraph (5) above to the non-trading income of a company is a reference to so much of its income as, if the company were carrying on its trade in the United Kingdom, would not be within the charge to corporation tax under section 35 of CTA 2009.
## PART III — THE PUBLIC QUOTATION CONDITION
@@ -21606,7 +19420,7 @@
- (b) any charge on income to which section 338(1) applies;
- (c) any expenses of management to which section 75(1) applies;
- (c) any expenses of management to which section 1219(1) of CTA 2009 applies;
- (cc) any expenses deduction under section 76(1);
@@ -21784,11 +19598,11 @@
- (i) if any sum forming part of it were received in the United Kingdom by an individual resident there and did not form part of the profits of a trade, profession or vocation, that sum would fall to be chargeable to tax under a provision specified in section 830(2) of ITTOIA 2005, or
- (ii) if any sum forming part of it were received in the United Kingdom by a company resident there and did not form part of the profits of a trade, profession or vocation, that sum would fall to be chargeable to tax in accordance with section 18 of ICTA (Schedule D)—
- (a) under Case III of Schedule D in respect of income arising from securities out of the United Kingdom or from possessions out of the United Kingdom, or
- (b) under Case V of Schedule D;
- (ii) if any sum forming part of it were received in the United Kingdom by a company resident there and did not form part of the profits of a trade, profession or vocation, that sum would fall to be chargeable to tax . . . —
- (a) under Part 5 of CTA 2009 (loan relationships) or Chapter 7 of Part 10 of that Act (annual payments not otherwise charged) in respect of income arising from securities out of the United Kingdom or from possessions out of the United Kingdom, or
- (b) under Chapter 2 of Part 10 of CTA 2009 (dividends of non-UK resident companies) or Chapter 8 of that Part (income not otherwise charged);
and any reference in this sub-paragraph to a distribution made for an account period includes a reference to any two or more distributions so made or, in the case of paragraph (b), the aggregate of them.
@@ -21870,7 +19684,7 @@
- (7) Subsection (2) of section 758 applies for the purposes of this paragraph as it applies for the purposes of that section.
### Income taxable under Case IV or Case V of Schedule D
### Certain foreign income
##### 3
@@ -21884,9 +19698,9 @@
- (aa) the holders of interests in the fund which are companies resident in the United Kingdom—
- (i) are chargeable to tax under Case III of Schedule D in respect of income arising from securities out of the United Kingdom or from possessions out of the United Kingdom;
- (ii) are chargeable to tax under Case V of Schedule D; or
- (i) are chargeable to tax under Part 5 of CTA 2009 (loan relationships) or Chapter 7 of Part 10 of that Act (annual payments not otherwise charged) in respect of income arising from securities out of the United Kingdom or from possessions out of the United Kingdom;
- (ii) are chargeable to tax under Chapter 2 of Part 10 of CTA 2009 (dividends of non-UK resident companies) or Chapter 8 of that Part (income not otherwise charged); or
- (iii) if any of that income is derived from assets within the United Kingdom, would have been chargeable under sub-paragraph (i) or (ii) had the assets been outside the United Kingdom; and
@@ -21920,7 +19734,7 @@
- (a) in determining whether the condition in paragraph 1(1)(b) above is fulfilled with respect to that account period, the expenditure of the fund shall be apportioned in such manner as is just and reasonable between the profits from dealing in commodities and the other income; and
- (b) in determining whether, and to what extent, any expenditure is deductible under section [75 ] in computing the fund’s United Kingdom equivalent profits for that period, so much of the business of the fund as does not consist of dealing in commodities shall be treated as a business carried on by a separate company.
- (b) in determining whether, and to what extent, any expenditure is deductible under section 1219 of CTA 2009 in computing the fund’s United Kingdom equivalent profits for that period, so much of the business of the fund as does not consist of dealing in commodities shall be treated as a business carried on by a separate company.
- (4) Where there is a disposal to which paragraph 2(1) above applies, then, to the extent that any amount which was or would be credited to the equalisation account in respect of accrued income, as mentioned in sub-paragraph (3) or (4) of that paragraph, represents profits from dealing in commodities, one half of that accrued income shall be left out of account in determining under those sub-paragraphs the part of the consideration for the disposal which represents income accrued to the date of the disposal.
@@ -21940,11 +19754,11 @@
- (b) that the account period is an accounting period of that company; and
- (c) that any dividends or distributions which, by virtue of section 208, should be left out of account in computing income for corporation tax purposes are nevertheless to be brought into account in that computation in like manner as if they were dividends or distributions of a company resident outside the United Kingdom ; and
- (d) that the provisions of the Corporation Tax Acts relating to profits, gains or losses arising from a creditor relationship (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996) apply as if the offshore fund were an authorised unit trust;and
- (e) that the provisions of the Corporation Tax Acts relating to profits or losses arising from a derivative contract (within the meaning of Schedule 26 to the Finance Act 2002) apply as if the offshore fund were an authorised unit trust.
- (c) that any dividends or distributions which, by virtue of section 1285 of CTA 2009, should be left out of account in computing income for corporation tax purposes are nevertheless to be brought into account in that computation in like manner as if they were dividends or distributions of a company resident outside the United Kingdom ; and
- (d) that the provisions of the Corporation Tax Acts relating to profits, gains or losses arising from a creditor relationship (within the meaning of Part 5 of CTA 2009) apply as if the offshore fund were an authorised unit trust;and
- (e) that the provisions of the Corporation Tax Acts relating to profits or losses arising from a derivative contract (within the meaning of Part 7 of CTA 2009) apply as if the offshore fund were an authorised unit trust.
- (4) Without prejudice to any deductions available apart from this sub-paragraph, the deductions referred to in sub-paragraph (1) above include—
@@ -21952,7 +19766,7 @@
- (b) a deduction equal to any amount of tax (paid under the law of a territory outside the United Kingdom) which was taken into account as a deduction in determining the income of the fund for the account period in question but which, because it is referable to capital rather than income, does not fall to be taken into account by virtue of section 811.
- (5) For the avoidance of doubt it is hereby declared that, if any sums forming part of the offshore fund’s income for any period have been received by the fund without any deduction of or charge to tax and have been so received by virtue of section 154(2) of the Finance Act 1996or section 714 or 715 of ITTOIA 2005, the effect of the assumption in sub-paragraph (3)(a) above is that those sums are to be brought into account in determining the total profits referred to in sub-paragraph (1) above.
- (5) For the avoidance of doubt it is hereby declared that, if any sums forming part of the offshore fund’s income for any period have been received by the fund without any deduction of or charge to tax and have been so received by virtue of section 1279 of CTA 2009or section 714 or 715 of ITTOIA 2005, the effect of the assumption in sub-paragraph (3)(a) above is that those sums are to be brought into account in determining the total profits referred to in sub-paragraph (1) above.
## PART II — MODIFICATIONS OF CONDITIONS FOR CERTIFICATION IN CERTAIN CASES
@@ -22114,7 +19928,7 @@
##### 16
- (1) An appeal to the Special Commissioners—
- (1) An appeal . . . —
- (a) against such a determination as is referred to in paragraph 15(3) above, or
@@ -22122,7 +19936,7 @@
may be made by the offshore fund or . . . on behalf of the fund, and shall be so made by notice specifying the grounds of appeal and given to the Board within 90 days of the date of the notice under paragraph 15(3) or (4), as the case may be.
- (2) The jurisdiction of the Special Commissioners on an appeal under this paragraph shall include jurisdiction to review any decision of the Board which is relevant to a ground of the appeal.
- (2) The jurisdiction of the tribunal on an appeal under this paragraph shall include jurisdiction to review any decision of the Board which is relevant to a ground of the appeal.
## PART IV — SUPPLEMENTARY
@@ -22164,15 +19978,19 @@
##### 19
- (1) In any case where—
- (1) This paragraph applies where—
- (a) an application has been made under paragraph 15 above with respect to an account period of an offshore fund and that application has not been finally determined; or
- (b) paragraph (a) above does not apply but notice has been given under paragraph 18(1) above in respect of an account period of an offshore fund and the Board have not yet given notice of their decision as to certification under paragraph 18(4) above;
any person who has been assessed to tax and considers that, if the offshore fund were to be certified as a distributing fund in respect of the account period in question, he would be overcharged to tax by the assessment may, by notice given to the inspector within 30 days after the date of the issue of the notice of assessment, apply to the General Commissioners for a determination of the amount of tax the payment of which should be postponed pending the determination of the question whether the fund should be so certified.
- (2) A notice of application under sub-paragraph (1) above shall state the amount in which the applicant believes that he is over-charged to tax and his grounds for that belief.
- (b) paragraph (a) above does not apply but notice has been given under paragraph 18(1) above in respect of an account period of an offshore fund and the Board have not yet given notice of their decision as to certification under paragraph 18(4) above.
- (1A) Any person who has been assessed to tax and considers that, if the offshore fund were to be certified as a distributing fund in respect of the accounting period in question, he would be overcharged to tax by the assessment may—
- (a) first apply in writing to HMRC within 30 days of the date of the issue of the notice of assessment for a determination by them of the amount of tax the payment of which should be postponed pending the determination of the question whether the fund should be so certified;
- (b) where such a determination is not agreed, refer the application for postponement to the tribunal within 30 days from the date of the document notifying HMRC's decision on the amount to be postponed.
- (2) An application under sub-paragraph (1A) above shall state the amount in which the applicant believes that he is over-charged to tax and his grounds for that belief.
- (3) Subsections (3A) onwards of section 55 of the Management Act (recovery of tax not postponed) shall apply with any necessary modifications in relation to an application under sub-paragraph (1) above as if it were an application under subsection (3) of that section and as if the determination of the question as to certification (whether by the Board or on appeal) were the determination of an appeal.
@@ -22182,7 +20000,7 @@
No obligation as to secrecy imposed by statute or otherwise shall preclude the Board or an inspector from disclosing to any person appearing to have an interest in the matter—
- (a) any determination of the Board or (on appeal) the Special Commissioners whether an offshore fund should or should not be certified as a distributing fund in respect of any account period; or
- (a) any determination of the Board or (on appeal) the tribunal whether an offshore fund should or should not be certified as a distributing fund in respect of any account period; or
- (b) the content and effect of any notice given by the Board under paragraph 15(4) above.
@@ -22544,12962 +20362,11884 @@
##### 2
- (1) Subject to sub-paragraph (2) and paragraph 3 below, section 38 has effect —
- (a) as respects a lease granted after 12th June 1969; and
- (b) so far as it relates to section 34(5), as respects a variation or waiver the contract for which is entered into after that date.
- (2) So far as relates to relief under —
- (a) section 385 or 393 or 393A(1); or
- (b) section 380(1) as applied by subsection (2) of that section; or
- (c) section 25(1);
given by setting a loss against, or making a deduction from, income of —
- (i) the year 1988-89 or any subsequent year of assessment, or
- (ii) a company's accounting period ending after 5th April 1988,
section 38 shall be deemed to have had effect as from the passing of the Finance Act 1963, and as respects leases granted at any time.
- (3) Notwithstanding section 31 or any other enactment governing the order in which reliefs are given, in applying sub-paragraph (2) above it shall be assumed that all relief which could not be affected by the operation of that sub-paragraph was given (for all years of assessment and accounting periods before or after the passing of this Act) before relief which could be affected by the operation of that sub-paragraph.
- (4) All such adjustments shall be made, whether by way of assessment or discharge of repayment of tax, as are required to give effect to section 38 with this paragraph.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 3
- (1) Sections 24 and 38 shall have effect subject to the modifications set out in sub-paragraphs (2) to (4) below in relation to any lease granted after 12th June 1969 and before 25th August 1971 and, so far as section 38 relates to section 34(5), in relation to any variation or waiver the contract for which was entered into between those dates, except to the extent that section 38 affects the computation of the profits or gains or losses of a trade, profession or vocation or relates to relief under —
- (a) section 25(1);
- (b) section 385 or 393 or 393A(1);
- (c) subsection (1) of section 380 as applied by subsection (2) of that section; or
- (d) section 779(5).
- (2) In section 24, in subsection (1), in the definition of “*premium*”, the words from “or to” to “landlord ”, and subsections (3) and (4) shall be omitted.
- (3) In subsection (1) of section 38 the following paragraph shall be inserted before paragraph (a) —
> (aa) where the terms of the lease include provision for the determination of the lease by notice given by the landlord, the lease shall not be treated as granted for a term longer than one ending at the earliest date on which it could be determined by notice so given;
and sub-paragraph (ii) of paragraph (a) and paragraph (c) shall be omitted.
- (4) In subsection (2) of that section for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”, and subsection (4) of that section shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
- (1) Where section 38 does not have effect, the following provisions of this paragraph shall apply in ascertaining the duration of a lease for the purposes of sections 34 to 36.
- (2) Subject to sub-paragraph (4) below, where the terms of the lease include provision for the determination of the lease by notice given either by the landlord or by the tenant, the lease shall not be treated as granted for a term longer than one ending at the earliest date on which it could be determined by notice.
- (3) Subject to sub-paragraph (4) below, where any of the terms of the lease (whether relating to forfeiture or to any other matter) or any other circumstances render it unlikely that the lease will continue beyond a date falling before the expiration of the term of the lease, the lease shall not be treated as having been granted for a term longer than one ending on that date.
- (4) Where the duration of a lease falls to be ascertained after the date on which the lease has for any reason come to an end, the duration shall be taken to have extended from its commencement to that date, and where the duration falls to be ascertained at a time when the lease is subsisting the preceding provisions of this paragraph shall be applied in accordance with circumstances prevailing at that time.
- (5) In relation to Scotland, “term ” in this paragraph, where referring to the duration of a lease, means “*period*”.
- (6) This paragraph shall be construed as one with Part II.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Repeal of section 136 of the Income Tax Act 1952: allowance of annual value of land as a business expense
##### 5
- (1) This paragraph has effect for allowing deductions by reference to those which would have fallen to be made if section 136 of the Income Tax Act 1952 had applied for the years 1963-64 and 1964-65.
- (2) Subject to the provisions of this paragraph, an allowance under this paragraph shall be made to the person (“the occupier”) carrying on a trade where land which was occupied by him at any time before the end of the year 1962-63 for the purposes of the trade permanently ceases to be occupied by him for those purposes.
- (3) The amount of the allowance shall be the excess of —
- (a) the aggregate of any deductions in respect of the annual value of the land which, by virtue of section 136, would have been made in computing the profits or gains of the trade for the years 1963-64 and 1964-65 but for section 29(1) of the Finance Act 1963 and the repeal by that Act of section 136;
over
- (b) the aggregate of any deductions relating to the land made in computing the profits or gains of the trade for those years, being —
- (i) deductions permitted by section 29(2) of the Finance Act 1963, so far as made in respect of the period in respect of which the deductions mentioned in paragraph (a) above would have been made; or
- (ii) deductions in respect of rent from which an amount representing tax was deducted under section 173 of the Income Tax Act 1952, so far as made in respect of that period.
- (4) The allowance shall be made by —
- (a) treating the amount of it as rent paid for the land by the occupier (in addition to any actual rent), becoming due from day to day during the period defined in sub-paragraph (5) below; and
- (b) allowing deductions accordingly in computing the profits or gains of the trade chargeable under Case I of Schedule D for any chargeable period the profits or gains for which fall to be computed by reference to a period including the period defined in sub-paragraph (5) below or any part thereof.
- (5) The period referred to in sub-paragraph (4) above is that ending when the land permanently ceases to be occupied by the occupier for the purposes of the trade, and of a duration, equal to the aggregate of —
- (a) the number of months and fractions of months during which the land was occupied by him for the purposes of the trade in so much of the period by reference to which the profits or gains of the trade for the year 1963-64 fell to be computed as fell before the beginning of that year; and
- (b) the number of months and fractions of months during which the land was so occupied in so much of the period by reference to which the profits or gains of the trade for the year 1964-65 fell to be computed as fell before the beginning of the year 1963-64.
- (6) No allowance shall be made under this paragraph where the date on which the land permanently ceases to be occupied by the occupier for the purposes of the trade
- (a) falls within a chargeable period in which he permanently ceases to carry on the trade; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Loss relief etc.
##### 6
- (1) The substitution of this Act for the corresponding enactments repealed by this Act shall not alter the effect of any provision enacted before this Act (whether or not there is a corresponding provision in this Act) so far as it determines whether and to what extent —
- (a) losses or expenditure incurred in, or other amounts referable to, a chargeable period earlier than those to which this Act applies may be taken into account for any tax purposes in a chargeable period to which this Act applies; or
- (b) losses or expenditure incurred in, or other amounts referable to, a chargeable period to which this Act applies may be taken into account for any tax purposes in a chargeable period earlier than those to which this Act applies.
- (2) Without prejudice to sub-paragraph (1) above, the repeals made by this Act shall not affect the following enactments (which are not re-enacted) —
- (a) section 27(4) of the Finance Act 1952 (restrictions on removal of six year time limit on carry forward of trading losses);
- (b) section 29(3) of the Finance Act 1953 (Isles of Scilly);
- (c) section 17 of, and Schedule 3 to, the Finance Act 1954 (company reconstructions before corporation tax) so far as in force by virtue of the saving in Part IV of Schedule 22 to the Finance Act 1965, and section 80(8) of the Finance Act 1965 (which amends Schedule 3 to the Finance Act 1954);
- (d) section 82(4) of the Finance Act 1965 (losses allowable against chargeable gains);
- (e) section 85 of the Finance Act 1965 (carry forward of surplus of franked investment income: dividends paid out of pre-1966-67 profits) and the enactments amending that section;
- (f) paragraph 25 of Schedule 15 to the Finance Act 1965 (continuity of elections for purposes of corporation tax);
- (g) paragraph 7 of Schedule 16 to the Finance Act 1965 (overseas trade corporations);
in so far as those enactments may be relevant to tax for any chargeable period to which this Act applies.
##### 7
- (1) This paragraph shall apply with respect to claims for group relief in respect of any amount which is attributable —
- (a) to writing-down allowances, within the meaning of Chapter II of Part I of the 1968 Act, or, as the case may require, Chapter I of Part III of the Finance Act 1971, in respect of expenditure incurred by the surrendering company on the provision of machinery or plant; or
- (b) to initial allowances under section 56 of the 1968 Act (expenditure in connection with mines etc.) in respect of expenditure incurred by the surrendering company and falling within section 52(1) of that Act of 1971 (works in a development area or in Northern Ireland); or
- (c) to allowances under section 91 of the 1968 Act in respect of expenditure incurred by the surrendering company on scientific research;
where the expenditure is incurred under a contract entered into by the surrendering company before 6th March 1973.
- (2) Notwithstanding anything in section 410(1) to (6) or 413(7) to (10) or in Schedule 18 but subject to sub-paragraph (5) below, group relief may be claimed in respect of any such amount as is referred to in sub-paragraph (1) above if —
- (a) immediately before 6th March 1973 —
- (i) the surrendering company and the company claiming relief were members of a group of companies, and
- (ii) throughout the period beginning on that date and ending at the end of the accounting period in respect of which the claim is made, there is no reduction in the rights of the parent company with respect to the matters specified in section 413(7)(a) and (b); or
- (b) immediately before 6th March 1973 the company claiming relief was a member of a consortium and, throughout the period beginning on that date and ending at the end of the accounting period in respect of which the claim is made, there is
- (i) no variation in the percentage of the ordinary share capital of the company owned by the consortium which is beneficially owned by that member, and
- (ii) no reduction in the rights of that member (in respect of the company owned by the consortium) with respect to the matters specified in section 413(7)(a) and (b);
and in either case no such arrangements as are specified in section 410(1) or (2) have come into existence after 5th March 1973 with respect to any of the companies concerned and no variation is made in any such arrangements which are in existence on that date with respect to any of those companies.
- (3) For the purposes of sub-paragraph (2)(a) above, “*the parent company*” means the company of which another member of the group referred to in that sub-paragraph was, immediately before 6th March 1973, a 75 per cent subsidiary, and the rights of the parent company referred to in that paragraph are —
- (a) if the parent company is either the surrendering company or the company claiming relief, its rights in the other company; and
- (b) in any other case, its rights in both the surrendering company and the company claiming relief.
- (4) For the purposes of this paragraph an amount which the claimant company claims by way of group relief shall be treated as attributable to an allowance falling within any of paragraphs (a) to (c) of sub-paragraph (1) above to the extent that that amount would not have been available for surrender by the surrendering company if no such allowance had been available to the surrendering company in respect of the expenditure concerned.
- (5) Sub-paragraph (2) above shall not apply if, during the period referred to in that sub-paragraph —
- (a) there is a major change in the nature or conduct of a trade or business carried on by the relevant company; or
- (b) the relevant company sets up and commences a trade or business , or begins to carry on a trade, which it did not carry on immediately before 6th March 1973.
- (6) In sub-paragraph (5) above —“*a major change in the nature or conduct of a trade or business*” has the same meaning as in section 245(1); and “*the relevant company*” means, if the machinery or plant to which the allowance relates was brought into use on or before 6th March 1978, the company claiming group relief and in any other case either that company or the company which if sub-paragraph (5) did not apply would be the surrendering company.
- (7) This paragraph shall be construed as if it were contained in Chapter IV of Part X.
### Capital allowances
##### 8
Without prejudice to paragraphs 6 and 7 above, where a person is, immediately before the commencement of this Act, entitled to a capital allowance by virtue of any enactment repealed by this Act, he shall not cease to be so entitled by reason only of that repeal, notwithstanding that the enactment in question is not re-enacted by this Act; and accordingly the provisions of this Act shall apply, with any necessary modifications, so far as may be necessary to give effect to any such entitlement.
### Social security benefits
##### 9
- (1) In relation to any period before regulations containing the first schemes under section 20 of the Social Security Act 1986 and Article 21 of the Social Security (Northern Ireland) Order 1986 providing for income support come into force —
- (a) the repeal by this Act of sections 27 and 28 of the Finance Act 1981 shall not have effect;
- (b) sections 151 and 152 of this Act shall not have effect;
- (c) section 204 of this Act shall have effect with the substitution for paragraph (b) of the following paragraph —
> (b) he has claimed a payment of supplementary allowance under the Supplementary Benefits Act 1976 or the Supplementary Benefits (Northern Ireland) Order 1977 in respect of a period including that time and his right to the allowance is subject to any condition contained in section 5 of the said Act of 1976 or, in Northern Ireland, Article 7 of the said Order (requirements as to registration and availability for employment)
and with the addition at the end of the following —
> (2) Any reference in this section to section 5 of the Supplementary Benefits Act 1976 or to Article 7 of the Supplementary Benefits (Northern Ireland) Order 1977 includes a reference to that section or Article as amended by any other enactment including an enactment passed or made after the passing of this Act
; and
- (2) In relation to any period before regulations containing the first schemes under section 20 of theSocial Security Act 1986 and Article 21 of the Social Security (Northern Ireland) Order 1986 providing for family credit come into force, section 617(2) of this Act shall have effect with the addition after paragraph (b) of the following paragraph —
> (bb) payments in respect of family income supplement under the Family Income Supplements Act 1970 or the Family Income Supplements Act (Northern Ireland) 1970;.
### Children's settlements: irrevocable dispositions made before 22nd April 1936
##### 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Pre-1959 settlements
##### 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### General powers of amendment in Acts relating to overseas countries
##### 13
Where under any Act passed before this Act and relating to a country or territory outside the United Kingdom there is a power to affect Acts passed or in force before a particular time, or instruments made or having effect under such Acts, and the power would but for the passing of this Act have included power to change the law which is reproduced in, or is made or has effect under, this Act, then that power shall include power to make such provision as will secure the like change in the law reproduced in, or made or having effect under, this Act notwithstanding that it is not an Act passed or in force before that time.
### Double taxation agreements
##### 14
The repeal by this Act of section 16 of the Finance (No.2) Act 1979 shall not prejudice the effect of any Order in Council which gives effect to arrangements contained in the Convention mentioned in that section and is made under section 497 of the 1970 Act.
### Securities
##### 15
The repeal by this Act of Schedule 22 to the Finance Act 1985 shall not affect the continued operation of paragraph 6 of that Schedule in relation to the holding of securities by any person at any time during the year (within the meaning of that Schedule).
### Building societies
##### 16
Any enactment relating to building societies contained in this Act which re-enacts an enactment which was an existing enactment for the purposes of section 121 of the Building Societies Act 1986 shall continue to be an existing enactment for those purposes.
### Pension business
##### 17
Any reference to pension business in any enactment (other than an enactment repealed by this Act) which immediately before the commencement of this Act was such a reference by virtue of paragraph 11(3) of Part III of Schedule 5 to the Finance Act 1970 shall not be affected by the repeal by this Act of that paragraph and accordingly the business in question shall continue to be known as pension business.
### Stock relief
##### 18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Schedule E emoluments
##### 19
The repeal by this Act of section 21 of the Finance Act 1974 shall not affect the taxation of emoluments which if that section had been in force before 1973-74 would have fallen within Case I or Case II of Schedule E, and, accordingly, any such emoluments shall not be chargeable under Case III of Schedule E.
### Unitary states
##### 20
The repeal by this Act of section 54 of and Schedule 13 to the Finance Act 1985 shall not prevent the Treasury making an order under subsection (7) of section 54 exercising the powers conferred on the Treasury by that subsection in relation to distributions made in chargeable periods ending before 6th April 1988 and, accordingly, subsections (7) and (8) of section 54 shall continue to have effect in later chargeable periods for that purpose.
### Continuity and construction of references to old and new law
##### 21
- (1) The continuity of the operation of the Tax Acts and of the law relating to chargeable gains shall not be affected by the substitution of this Act for the enactments repealed by this Act and earlier enactments repealed by and corresponding to any of those enactments (“*the repealed enactments*”).
- (2) Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any Act amended by this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision.
- (3) Any reference, whether express or implied, in any enactment, instrument or document (including the repealed enactments and enactments, instruments and documents passed or made after the passing of this Act) to, or to things done or falling to be done under or for the purposes of, any of the repealed enactments shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in this Act has effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision.
- (4) Any reference to Case VIII of Schedule D, whether a specific reference or one imported by more general words, in any enactment, instrument or document shall, in relation to the chargeable periods to which section 843(1) applies, be construed as a reference to Schedule A, and for the purposes of sub-paragraph (2) above, Schedule A in this Act shall be treated as corresponding to Case VIII of Schedule D in the repealed enactments, and any provision of this Act or of any Act passed after 12th March 1970 and before this Act referring to Schedule A shall be construed accordingly.
## SCHEDULE 31
#### The charge to income tax.
##### 1A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 1B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Advance corporation tax and qualifying distributions.
##### 8A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 11AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 13ZA
- (1) In determining for the purposes of section 13(7) whether one body corporate is a 51 per cent subsidiary of another, that other shall be treated as not being the owner of any share capital—
- (a) which it owns indirectly, and
- (b) which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt.
- (2) Notwithstanding that at any time a company (“*the subsidiary company*”) is a 51 per cent subsidiary of another company (“*the parent company*”) it shall not be treated at that time as such a subsidiary for the purposes of section 13(7) unless, additionally, at that time—
- (a) the parent company would be beneficially entitled to more than 50 per cent of any profits available for distribution to equity holders of the subsidiary company, and
- (b) the parent company would be beneficially entitled to more than 50 per cent of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
- (3) For the purposes of section 13(7) and this section—
- (a) “*trading or holding company*” means a trading company or a company the business of which consists wholly or mainly in the holding of shares or securities of trading companies that are its 90 per cent subsidiaries;
- (b) “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
- (c) a company is owned by a consortium if 75 per cent or more of the ordinary share capital of the company is beneficially owned between them by companies of which none—
- (i) beneficially owns less than 5 per cent of that capital,
- (ii) would be beneficially entitled to less than 5 per cent of any profits available for distribution to equity holders of the company, or
- (iii) would be beneficially entitled to less than 5 per cent of any assets of the company available for distribution to its equity holders on a winding up,
and those companies are called the members of the consortium.
- (4) Schedule 18 (equity holders and assets etc. available for distribution) applies for the purposes of subsections (2) and (3)(c) above as it applies for the purposes of section 413(7).
##### 13AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 13AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 13A
- (1) A close company is for the purposes of section 13(1) . . . a “*close investment-holding company*” unless it complies with subsection (2) below.
- (2) A company (“*the relevant company*”) complies with this subsection in any accounting period if throughout that period it exists wholly or mainly for any one or more of the following purposes—
- (a) the purpose of carrying on a trade or trades on a commercial basis,
- (b) the purpose of making investments in land or estates or interests in land in cases where the land is, or is intended to be, let to persons other than—
- (i) any person connected with the relevant company, or
- (ii) any person who is the spouse or civil partner of an individual connected with the relevant company, or is a relative, or the spouse or civil partner of a relative, of such an individual or of the spouse or civil partner of such an individual,
- (c) the purpose of holding shares in and securities of, or making loans to, one or more companies each of which is a qualifying company or a company which—
- (i) is under the control of the relevant company or of a company which has control of the relevant company, and
- (ii) itself exists wholly or mainly for the purpose of holding shares in or securities of, or making loans to, one or more qualifying companies,
- (d) the purpose of co-ordinating the administration of two or more qualifying companies,
- (e) the purpose of a trade or trades carried on on a commercial basis by one or more qualifying companies or by a company which has control of the relevant company, and
- (f) the purpose of the making, by one or more qualifying companies or by a company which has control of the relevant company, of investments as mentioned in paragraph (b) above.
- (3) For the purposes of subsection (2) above, a company is a “*qualifying company*”, in relation to the relevant company, if it—
- (a) is under the control of the relevant company or of a company which has control of the relevant company, and
- (b) exists wholly or mainly for either or both of the purposes mentioned in subsection (2)(a) or (b) above.
- (4) Where a company is wound up, it shall not be treated as failing to comply with subsection (2) above in the accounting period that (by virtue of subsection (7) of section 12) begins with the time which is for the purposes of that subsection the commencement of the winding up, if it complied with subsection (2) above in the accounting period that ends with that time.
- (5) In this section—
- “*control*” shall be construed in accordance with section 416, and
- “*relative*” has the meaning given by section 839(8).
- (6) Section 839 shall apply for the purposes of this section.
#### Tax treatment of receipts and outgoings on sale of land.
##### 21A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 21B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 21C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 31ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule E.
##### 31ZB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 31ZC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 31A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 31B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule A.
### Connected persons
##### 33A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 37A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 37(4) and reductions in receipts under ITTOIA 2005
##### 42A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Rent factoring
##### 43A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 51AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 51A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 51B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Payments for restrictive undertakings
##### 56A
- (1) This section applies where there is an arrangement under which—
- (a) there is a right to receive an amount (with or without interest)
in pursuance of a deposit of money,
- (b) when the right comes into existence there is no certificate of deposit in respect of the right, and
- (c) the person for the time being entitled to the right is entitled to call for the issue of a certificate of deposit in respect of the right.
- (2) In such a case—
- (a) the right shall be treated as not falling within section 56(1)(b), and
- (b) if there is a disposal or exercise of the right before such time (if any) as a certificate of deposit is issued in respect of it, section 56(2) shall apply to it by virtue of this paragraph.
- (3) In the application of section 56 by virtue of this section—
- (a) subsection (2) shall have effect as if the words from “(whether” to “person)” read “(whether by the person originally entitled to the right or by some other person)”, and
- (b) subsection (3) shall have effect as if the words “stated in a certificate of deposit” read “under an arrangement”.
- (4) In this section “*certificate of deposit*” has the meaning given by section 56(5).
##### 62A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 63A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 65A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 68A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 68B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 68C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 70A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 75A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Costs of establishing share option or profit sharing schemes: relief.
##### 75B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appeals against determinations under sections 34 to 36 or Chapter 4 of Part 3 of ITTOIA 2005.
##### 76A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 76B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deep discount securities.
##### 79A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 79B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 82A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 82B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 83A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 84A
- (1) Subsection (2) below applies where—
- (a) a company incurs expenditure on establishing a share option scheme which the Board approve and under which no employee or director obtains rights before such approval is given, or
- (b) a company incurs expenditure on establishing a profit sharing scheme which the Board approve and under which the trustees acquire no shares before such approval is given.
- (2) In such a case the expenditure—
- (a) shall be deducted in computing for the purposes of . . . Part 2 of ITTOIA 2005 the profits of a trade carried on by the company, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Where, by reason of a change in the persons carrying on the trade, the trade falls to be treated for any of the purposes of the Income Tax Acts as permanently discontinued, a person engaged in carrying on the trade immediately before the change occurred who continues to be so engaged immediately after it occurred shall be treated for the purposes of this paragraph as not having been in occupation of the land at any time before it occurred.
- (8) Where there has been a change in the persons carrying on the trade, but by virtue of . . . section 17(1) of the Finance Act 1954 (c. 44) (company reconstructions before introduction of corporation tax), the trade does not by reason of the change fall to be treated for any of the purposes of the Income Tax Acts as permanently discontinued, this paragraph (including this sub-paragraph) shall apply as if any occupation of the land before the change occurred by the persons carrying on the trade immediately before it occurred were occupation by the persons carrying on the trade immediately after it occurred.
- (9) Where section 343(1) applies, then for the purposes of this paragraph any occupation of land for the purposes of the trade by the predecessor shall be treated as having been the occupation of the successor.
- Subsection (6) of that section shall apply to this sub-paragraph as it applies to subsections (2) to (5) of that section, and in this paragraph “*predecessor*” and “*successor*” have the same meaning as in that section.
- (10) Where section 518 has effect, then for the purposes of this paragraph any occupation of land for the purposes of the trade by the transferor shall be treated as having been the occupation of the transferee. This sub-paragraph shall be construed as one with section 518.
- (11) Sub-paragraphs (1) to (10) above shall apply in relation to a profession . . . as they apply in relation to a trade, but as if the reference in sub-paragraph (4) to Case I of Schedule D were a reference to Case II of that Schedule.
- (12) For the purposes of this paragraph, any occupation of land by the London Transport Board which was by virtue of paragraph 6 of Schedule 3 to the Finance Act 1970 (c. 24) immediately before the commencement of this Act treated as occupation by another body, shall continue to be so treated by virtue of this sub-paragraph.
- (13) This paragraph does not apply for the purposes of income tax.
### Loss relief etc.
##### 6
- (1) The substitution of this Act for the corresponding enactments repealed by this Act shall not alter the effect of any provision enacted before this Act (whether or not there is a corresponding provision in this Act) so far as it determines whether and to what extent —
- (a) losses or expenditure incurred in, or other amounts referable to, a chargeable period earlier than those to which this Act applies may be taken into account for any tax purposes in a chargeable period to which this Act applies; or
- (b) losses or expenditure incurred in, or other amounts referable to, a chargeable period to which this Act applies may be taken into account for any tax purposes in a chargeable period earlier than those to which this Act applies.
- (2) Without prejudice to sub-paragraph (1) above, the repeals made by this Act shall not affect the following enactments (which are not re-enacted) —
- (a) section 27(4) of the Finance Act 1952 (restrictions on removal of six year time limit on carry forward of trading losses);
- (b) section 29(3) of the Finance Act 1953 (Isles of Scilly);
- (c) section 17 of, and Schedule 3 to, the Finance Act 1954 (company reconstructions before corporation tax) so far as in force by virtue of the saving in Part IV of Schedule 22 to the Finance Act 1965, and section 80(8) of the Finance Act 1965 (which amends Schedule 3 to the Finance Act 1954);
- (d) section 82(4) of the Finance Act 1965 (losses allowable against chargeable gains);
- (e) section 85 of the Finance Act 1965 (carry forward of surplus of franked investment income: dividends paid out of pre-1966-67 profits) and the enactments amending that section;
- (f) paragraph 25 of Schedule 15 to the Finance Act 1965 (continuity of elections for purposes of corporation tax);
- (g) paragraph 7 of Schedule 16 to the Finance Act 1965 (overseas trade corporations);
in so far as those enactments may be relevant to tax for any chargeable period to which this Act applies.
##### 7
- (1) This paragraph shall apply with respect to claims for group relief in respect of any amount which is attributable —
- (a) to writing-down allowances, within the meaning of Chapter II of Part I of the 1968 Act, or, as the case may require, Chapter I of Part III of the Finance Act 1971, in respect of expenditure incurred by the surrendering company on the provision of machinery or plant; or
- (b) to initial allowances under section 56 of the 1968 Act (expenditure in connection with mines etc.) in respect of expenditure incurred by the surrendering company and falling within section 52(1) of that Act of 1971 (works in a development area or in Northern Ireland); or
- (c) to allowances under section 91 of the 1968 Act in respect of expenditure incurred by the surrendering company on scientific research;
where the expenditure is incurred under a contract entered into by the surrendering company before 6th March 1973.
- (2) Notwithstanding anything in section 410(1) to (6) or 413(7) to (10) or in Schedule 18 but subject to sub-paragraph (5) below, group relief may be claimed in respect of any such amount as is referred to in sub-paragraph (1) above if —
- (a) immediately before 6th March 1973 —
- (i) the surrendering company and the company claiming relief were members of a group of companies, and
- (ii) throughout the period beginning on that date and ending at the end of the accounting period in respect of which the claim is made, there is no reduction in the rights of the parent company with respect to the matters specified in section 413(7)(a) and (b); or
- (b) immediately before 6th March 1973 the company claiming relief was a member of a consortium and, throughout the period beginning on that date and ending at the end of the accounting period in respect of which the claim is made, there is
- (i) no variation in the percentage of the ordinary share capital of the company owned by the consortium which is beneficially owned by that member, and
- (ii) no reduction in the rights of that member (in respect of the company owned by the consortium) with respect to the matters specified in section 413(7)(a) and (b);
and in either case no such arrangements as are specified in section 410(1) or (2) have come into existence after 5th March 1973 with respect to any of the companies concerned and no variation is made in any such arrangements which are in existence on that date with respect to any of those companies.
- (3) For the purposes of sub-paragraph (2)(a) above, “*the parent company*” means the company of which another member of the group referred to in that sub-paragraph was, immediately before 6th March 1973, a 75 per cent subsidiary, and the rights of the parent company referred to in that paragraph are —
- (a) if the parent company is either the surrendering company or the company claiming relief, its rights in the other company; and
- (b) in any other case, its rights in both the surrendering company and the company claiming relief.
- (4) For the purposes of this paragraph an amount which the claimant company claims by way of group relief shall be treated as attributable to an allowance falling within any of paragraphs (a) to (c) of sub-paragraph (1) above to the extent that that amount would not have been available for surrender by the surrendering company if no such allowance had been available to the surrendering company in respect of the expenditure concerned.
- (5) Sub-paragraph (2) above shall not apply if, during the period referred to in that sub-paragraph —
- (a) there is a major change in the nature or conduct of a trade or business carried on by the relevant company; or
- (b) the relevant company sets up and commences a trade or business which it did not carry on immediately before 6th March 1973.
- (6) In sub-paragraph (5) above —“*a major change in the nature or conduct of a trade or business*” has the same meaning as in section 245(1); and “*the relevant company*” means, if the machinery or plant to which the allowance relates was brought into use on or before 6th March 1978, the company claiming group relief and in any other case either that company or the company which if sub-paragraph (5) did not apply would be the surrendering company.
- (7) This paragraph shall be construed as if it were contained in Chapter IV of Part X.
### Capital allowances
##### 8
Without prejudice to paragraphs 6 and 7 above, where a person is, immediately before the commencement of this Act, entitled to a capital allowance by virtue of any enactment repealed by this Act, he shall not cease to be so entitled by reason only of that repeal, notwithstanding that the enactment in question is not re-enacted by this Act; and accordingly the provisions of this Act shall apply, with any necessary modifications, so far as may be necessary to give effect to any such entitlement.
### Social security benefits
##### 9
- (1) In relation to any period before regulations containing the first schemes under section 20 of the Social Security Act 1986 and Article 21 of the Social Security (Northern Ireland) Order 1986 providing for income support come into force —
- (a) the repeal by this Act of sections 27 and 28 of the Finance Act 1981 shall not have effect;
- (b) sections 151 and 152 of this Act shall not have effect;
- (c) section 204 of this Act shall have effect with the substitution for paragraph (b) of the following paragraph —
> (b) he has claimed a payment of supplementary allowance under the Supplementary Benefits Act 1976 or the Supplementary Benefits (Northern Ireland) Order 1977 in respect of a period including that time and his right to the allowance is subject to any condition contained in section 5 of the said Act of 1976 or, in Northern Ireland, Article 7 of the said Order (requirements as to registration and availability for employment)
and with the addition at the end of the following —
> (2) Any reference in this section to section 5 of the Supplementary Benefits Act 1976 or to Article 7 of the Supplementary Benefits (Northern Ireland) Order 1977 includes a reference to that section or Article as amended by any other enactment including an enactment passed or made after the passing of this Act
; and
- (2) In relation to any period before regulations containing the first schemes under section 20 of theSocial Security Act 1986 and Article 21 of the Social Security (Northern Ireland) Order 1986 providing for family credit come into force, section 617(2) of this Act shall have effect with the addition after paragraph (b) of the following paragraph —
> (bb) payments in respect of family income supplement under the Family Income Supplements Act 1970 or the Family Income Supplements Act (Northern Ireland) 1970;.
### Children's settlements: irrevocable dispositions made before 22nd April 1936
##### 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Pre-1959 settlements
##### 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### General powers of amendment in Acts relating to overseas countries
##### 13
Where under any Act passed before this Act and relating to a country or territory outside the United Kingdom there is a power to affect Acts passed or in force before a particular time, or instruments made or having effect under such Acts, and the power would but for the passing of this Act have included power to change the law which is reproduced in, or is made or has effect under, this Act, then that power shall include power to make such provision as will secure the like change in the law reproduced in, or made or having effect under, this Act notwithstanding that it is not an Act passed or in force before that time.
### Double taxation agreements
##### 14
The repeal by this Act of section 16 of the Finance (No.2) Act 1979 shall not prejudice the effect of any Order in Council which gives effect to arrangements contained in the Convention mentioned in that section and is made under section 497 of the 1970 Act.
### Securities
##### 15
The repeal by this Act of Schedule 22 to the Finance Act 1985 shall not affect the continued operation of paragraph 6 of that Schedule in relation to the holding of securities by any person at any time during the year (within the meaning of that Schedule).
### Building societies
##### 16
Any enactment relating to building societies contained in this Act which re-enacts an enactment which was an existing enactment for the purposes of section 121 of the Building Societies Act 1986 shall continue to be an existing enactment for those purposes.
### Pension business
##### 17
Any reference to pension business in any enactment (other than an enactment repealed by this Act) which immediately before the commencement of this Act was such a reference by virtue of paragraph 11(3) of Part III of Schedule 5 to the Finance Act 1970 shall not be affected by the repeal by this Act of that paragraph and accordingly the business in question shall continue to be known as pension business.
### Stock relief
##### 18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Schedule E emoluments
##### 19
The repeal by this Act of section 21 of the Finance Act 1974 shall not affect the taxation of emoluments which if that section had been in force before 1973-74 would have fallen within Case I or Case II of Schedule E, and, accordingly, any such emoluments shall not be chargeable under Case III of Schedule E.
### Unitary states
##### 20
The repeal by this Act of section 54 of and Schedule 13 to the Finance Act 1985 shall not prevent the Treasury making an order under subsection (7) of section 54 exercising the powers conferred on the Treasury by that subsection in relation to distributions made in chargeable periods ending before 6th April 1988 and, accordingly, subsections (7) and (8) of section 54 shall continue to have effect in later chargeable periods for that purpose.
### Continuity and construction of references to old and new law
##### 21
- (1) The continuity of the operation of the Tax Acts and of the law relating to chargeable gains shall not be affected by the substitution of this Act for the enactments repealed by this Act and earlier enactments repealed by and corresponding to any of those enactments (“*the repealed enactments*”).
- (2) Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any Act amended by this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision.
- (3) Any reference, whether express or implied, in any enactment, instrument or document (including the repealed enactments and enactments, instruments and documents passed or made after the passing of this Act) to, or to things done or falling to be done under or for the purposes of, any of the repealed enactments shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in this Act has effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision.
- (4) Any reference to Case VIII of Schedule D, whether a specific reference or one imported by more general words, in any enactment, instrument or document shall, in relation to the chargeable periods to which section 843(1) applies, be construed as a reference to Schedule A, and for the purposes of sub-paragraph (2) above, Schedule A in this Act shall be treated as corresponding to Case VIII of Schedule D in the repealed enactments, and any provision of this Act or of any Act passed after 12th March 1970 and before this Act referring to Schedule A shall be construed accordingly.
## SCHEDULE 31
#### Application of lower rate to income from savings and distributions.
##### 1A
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##### 1B
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#### Schedule A.
##### 8A
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##### 11AA
- (1) This section provides for determining for the purposes of corporation tax the amount of the profits attributable to a permanent establishment in the United Kingdom of a company that is not resident in the United Kingdom (“*the non-resident company*”).
- (2) There shall be attributed to the permanent establishment the profits it would have made if it were a distinct and separate enterprise, engaged in the same or similar activities under the same or similar conditions, dealing wholly independently with the non-resident company.
- (3) In applying subsection (2)—
- (a) it shall be assumed that the permanent establishment has the same credit rating as the non-resident company, and
- (b) it shall also be assumed that the permanent establishment has such equity and loan capital as it could reasonably be expected to have in the circumstances specified in that subsection.
No deduction may be made in respect of costs in excess of those that would have been incurred on those assumptions.
- (4) There shall be allowed as deductions any allowable expenses incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the United Kingdom or elsewhere.
- “*Allowable expenses*” means expenses of a kind in respect of which a deduction would be allowed for corporation tax purposes if incurred by a company resident in the United Kingdom.
- (5) The Board may by regulations make provision as to the application of subsection (2) in relation to insurance companies.
The regulations may, in particular, make provision in place of subsection (3)(b) as to the basis on which, in the case of insurance companies, capital is to be attributed to a permanent establishment in the United Kingdom. In this subsection “*insurance company*” has the meaning given by section 431(2).
- (6) Schedule A1 to this Act contains provisions supplementing the provisions of this section.
##### 13ZA
- (1) In determining for the purposes of section 13(7) whether one body corporate is a 51 per cent subsidiary of another, that other shall be treated as not being the owner of any share capital—
- (a) which it owns indirectly, and
- (b) which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt.
- (2) Notwithstanding that at any time a company (“*the subsidiary company*”) is a 51 per cent subsidiary of another company (“*the parent company*”) it shall not be treated at that time as such a subsidiary for the purposes of section 13(7) unless, additionally, at that time—
- (a) the parent company would be beneficially entitled to more than 50 per cent of any profits available for distribution to equity holders of the subsidiary company, and
- (b) the parent company would be beneficially entitled to more than 50 per cent of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
- (3) For the purposes of section 13(7) and this section—
- (a) “*trading or holding company*” means a trading company or a company the business of which consists wholly or mainly in the holding of shares or securities of trading companies that are its 90 per cent subsidiaries;
- (b) “*trading company*” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
- (c) a company is owned by a consortium if 75 per cent or more of the ordinary share capital of the company is beneficially owned between them by companies of which none—
- (i) beneficially owns less than 5 per cent of that capital,
- (ii) would be beneficially entitled to less than 5 per cent of any profits available for distribution to equity holders of the company, or
- (iii) would be beneficially entitled to less than 5 per cent of any assets of the company available for distribution to its equity holders on a winding up,
and those companies are called the members of the consortium.
- (4) Schedule 18 (equity holders and assets etc. available for distribution) applies for the purposes of subsections (2) and (3)(c) above as it applies for the purposes of section 413(7).
##### 13AA
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##### 13AB
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##### 13A
- (1) A close company is for the purposes of section 13(1) . . . a “*close investment-holding company*” unless it complies with subsection (2) below.
- (2) A company (“*the relevant company*”) complies with this subsection in any accounting period if throughout that period it exists wholly or mainly for any one or more of the following purposes—
- (a) the purpose of carrying on a trade or trades on a commercial basis,
- (b) the purpose of making investments in land or estates or interests in land in cases where the land is, or is intended to be, let to persons other than—
- (i) any person connected with the relevant company, or
- (ii) any person who is the spouse or civil partner of an individual connected with the relevant company, or is a relative, or the spouse or civil partner of a relative, of such an individual or of the spouse or civil partner of such an individual,
- (c) the purpose of holding shares in and securities of, or making loans to, one or more companies each of which is a qualifying company or a company which—
- (i) is under the control of the relevant company or of a company which has control of the relevant company, and
- (ii) itself exists wholly or mainly for the purpose of holding shares in or securities of, or making loans to, one or more qualifying companies,
- (d) the purpose of co-ordinating the administration of two or more qualifying companies,
- (e) the purpose of a trade or trades carried on on a commercial basis by one or more qualifying companies or by a company which has control of the relevant company, and
- (f) the purpose of the making, by one or more qualifying companies or by a company which has control of the relevant company, of investments as mentioned in paragraph (b) above.
- (3) For the purposes of subsection (2) above, a company is a “*qualifying company*”, in relation to the relevant company, if it—
- (a) is under the control of the relevant company or of a company which has control of the relevant company, and
- (b) exists wholly or mainly for either or both of the purposes mentioned in subsection (2)(a) or (b) above.
- (4) Where a company is wound up, it shall not be treated as failing to comply with subsection (2) above in the accounting period that (by virtue of subsection (7) of section 12) begins with the time which is for the purposes of that subsection the commencement of the winding up, if it complied with subsection (2) above in the accounting period that ends with that time.
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In a case where—
- (a) subsection (2) above applies, and
- (b) the approval is given after the end of the period of nine months beginning with the day following the end of the period of account in which the expenditure is incurred,
for the purpose of applying subsection (2) above the expenditure shall be treated in accordance with subsection (3ZA) below.
- (3ZA) Where this subsection applies—
- (a) in applying subsection (2)(a) above, the expenditure shall be treated as incurred in the period of account in which the approval is given (and not the period of account mentioned in subsection (3)(b) above),
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) In this section, “*share option scheme*” means—
- (a) an SAYE option scheme within the meaning of the SAYE code (see section 516(4) of ITEPA 2003 (approved SAYE option schemes)), or
- (b) a CSOP scheme within the meaning of the CSOP code (see section 521(4) of that Act (approved CSOP schemes)).
- (4) References in this section to approving are to approving under Schedule 9 to this Act or under Schedule 3 or 4 to ITEPA 2003 (approved SAYE option schemes and approved CSOP schemes).
- (5) This section applies where the expenditure is incurred on or after 1st April 1991.
##### 85A
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##### 85B
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##### 86A
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#### Computation of income tax where no profits in year of assessment.
##### 87A
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#### Definitions.
##### 88A
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##### 88B
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##### 88C
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##### 88D
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##### 91A
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##### 91B
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##### 91BA
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##### 91C
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### Payments for restrictive undertakings
##### 76ZA
- (1) This section applies if a payment—
- (a) is treated as earnings of an employee by virtue of section 225 of ITEPA 2003 (payments for restrictive undertakings), and
- (b) is made, or treated as made for the purposes of section 226 of that Act (valuable consideration given for restrictive undertakings), by a company in relation to which section 76 applies.
- (2) The payment is treated as expenses payable which fall to be brought into account at Step 1 in section 76(7), so far as it otherwise would not be.
### Seconded employees
##### 76ZB
- (1) This section applies if a company to which section 76 applies makes the services of a person employed for the purposes of the company's life assurance business available to—
- (a) a charity, or
- (b) an educational establishment,
on a basis that is stated and intended to be temporary.
- (2) Expenses of the employer that are attributable to the employee's employment during the period of the secondment are treated as expenses payable which fall to be brought into account at Step 1 in section 76(7).
- (3) In this section—
- “*educational establishment*” has the same meaning as in section 70 of CTA 2009, and
- “*the period of the secondment*” means the period for which the employee's services are made available to the charity or educational establishment.
### Counselling and retraining expenses
##### 76ZC
- (1) This section applies if—
- (a) a company carrying on life assurance business (“*the employer*”) incurs counselling expenses,
- (b) the expenses are incurred in relation to a person (“*the employee*”) who holds or has held an office or employment under the employer, and
- (c) the relevant conditions are met.
- (2) The expenses are brought into account under section 76 as expenses payable (so far as they otherwise would not be).
- (3) In this section “*counselling expenses*” means expenses incurred—
- (a) in the provision of services to the employee in connection with the cessation of the office or employment,
- (b) in the payment or reimbursement of fees for such provision, or
- (c) in the payment or reimbursement of travelling expenses in connection with such provision.
- (4) In this section “*the relevant conditions*” means—
- (a) conditions A to D for the purposes of section 310 of ITEPA 2003 (employment income exemptions: counselling and other outplacement services), and
- (b) in the case of travel expenses, condition E for those purposes.
##### 76ZD
- (1) This section applies if—
- (a) a company carrying on life assurance business (“*the employer*”) incurs training course expenses,
- (b) they are incurred in relation to a person (“*the employee*”) who holds or has held an office or employment under the employer, and
- (c) the relevant conditions are met.
- (2) The expenses are brought into account under section 76 as expenses payable (so far as they otherwise would not be).
- (3) In this section—
- “*retraining course expenses*” means expenses incurred in the payment or reimbursement of retraining course expenses within the meaning given by section 311(2) of ITEPA 2003, and
- “*the relevant conditions*” means—the conditions in subsections (3) and (4) of section 311 of ITEPA 2003 (employment income exemptions: retraining courses), andin the case of travel expenses, the conditions in subsection (5) of that section.
##### 76ZE
- (1) This section applies if—
- (a) an employer's liability to corporation tax for an accounting period is determined on the assumption that it is entitled by virtue of section 76ZD to bring an amount into account in determining the amount of a deduction to be made under section 76, and
- (b) without section 76ZD the employer would not have been so entitled.
- (2) If, subsequently—
- (a) the condition in section 311(4)(a) of ITEPA 2003 is not met because of the employee's failure to begin the course within the period of one year after ceasing to be employed, or
- (b) the condition in section 311(4)(b) of ITEPA 2003 is not met because of the employee's continued employment or re-employment,
an assessment of an amount or further amount of corporation tax due as a result of the condition not being met may be made under paragraph 41 of Schedule 18 to FA 1998.
- (3) Such an assessment must be made before the end of the period of 6 years immediately following the end of the accounting period in which the failure to meet the condition occurred.
- (4) If subsection (2) applies, the employer must give an officer of Revenue and Customs a notice containing particulars of—
- (a) the employee's failure to begin the course,
- (b) the employee's continued employment, or
- (c) the employee's re-employment,
within 60 days of coming to know of it.
- (5) If an officer of Revenue and Customs has reason to believe that the employer has failed to give such a notice, the officer may by notice require the employer to provide such information as the officer may reasonably require for the purposes of this section about—
- (a) the failure to begin the course,
- (b) the continued employment, or
- (c) the re-employment.
- (6) A notice under subsection (5) may specify a time (not less than 60 days) within which the required information must be provided.
### Redundancy payments etc
##### 76ZF
- (1) Sections 76ZG to 76ZI apply if—
- (a) a company to which section 76 applies (“*the employer*”) makes a redundancy payment or an approved contractual payment to another person (“*the employee*”), and
- (b) the payment is in respect of the employee's employment wholly in the employer's life assurance business or partly in the employer's life assurance business and partly in one or more other capacities.
- (2) For the purposes of this section and sections 76ZG to 76ZH “*redundancy payment*” means a redundancy payment payable under—
- (a) Part 11 of the Employment Rights Act 1996, or
- (b) Part 12 of the Employment Rights (Northern Ireland) Order 1996.
- (3) For the purposes of this section and those sections—
- “*contractual payment*” means a payment which, under an agreement, an employer is liable to make to an employee on the termination of the employee's contract of employment, and
- a contractual payment is “*approved*” if, in respect of that agreement, an order is in force under—section 157 of the Employment Rights Act 1996, orArticle 192 of the Employment Rights (Northern Ireland) Order 1996.
##### 76ZG
- (1) This section applies if the payment is in respect of the employee's employment wholly in the employer's life assurance business.
- (2) The payment is treated as expenses payable which fall to be brought into account at Step 1 in section 76(7), so far as it otherwise would not be.
- (3) The amount brought into account by virtue of this section for an approved contractual payment must not exceed the amount which would have been due to the employee if a redundancy payment had been payable.
- (4) If the payment is referable to an accounting period beginning after the business has permanently ceased to be carried on, it is treated as referable to the last accounting period in which the business was carried on.
##### 76ZH
- (1) This section applies if the payment is in respect of the employee's employment with the employer—
- (a) partly in the employer's life assurance business, and
- (b) partly in one or more other capacities.
- (2) The amount of the redundancy payment, or the amount which would have been due if a redundancy payment had been payable, is to be apportioned on a just and reasonable basis between—
- (a) the employment in the life assurance business, and
- (b) the employment in the other capacities.
- (3) The part of the payment apportioned to the employment in the life assurance business is treated as a payment in respect of the employee's employment wholly in the life assurance business for the purposes of section 76ZG.
##### 76ZI
- (1) This section applies if the employer's business, or part of it, ceases (permanently) to be carried on and the employer makes a payment to the employee in addition to—
- (a) the redundancy payment, or
- (b) if an approved contractual payment is made, the amount that would have been due if a redundancy payment had been payable.
- (2) If—
- (a) the additional payment would not otherwise be regarded as expenses payable for the purposes of section 76, but
- (b) that is only because the business, or the part of the business, has ceased to be carried on,
the additional payment is regarded as expenses payable for the purposes of section 76.
- (3) So far as the additional payment would, apart from this subsection, be regarded as expenses payable for the purposes of Step 5 in subsection (7) of section 76, it is not to be so regarded for the purposes of that subsection (or of subsection (2) above so far as relating to section 76).
- (4) The amount treated under this section as expenses payable for the purposes of section 76 is limited to 3 times the amount of—
- (a) the redundancy payment, or
- (b) if an approved contractual payment is made, the amount that would have been due if a redundancy payment had been payable.
- (5) If the payment is referable to an accounting period beginning after the business or the part of the business has ceased to be carried on, it is treated as referable to the last accounting period in which the business, or the part concerned, was carried on.
##### 76ZJ
- (1) This section applies if—
- (a) a redundancy payment or an approved contractual payment is payable by a company to which section 76 applies (“*the employer*”), and
- (b) a payment to which subsection (2) applies is made in respect of the payment.
- (2) This subsection applies to—
- (a) payments made by the Secretary of State under section 167 of the Employment Rights Act 1996, and
- (b) payments made by the Department for Employment and Learning under Article 202 of the Employment Rights (Northern Ireland) Order 1996.
- (3) So far as the employer reimburses the Secretary of State or Department for the payment, sections 76ZG to 76ZI apply as if the payment were—
- (a) a redundancy payment, or
- (b) an approved contractual payment,
made by the employer.
### Contributions to local enterprise organisations or urban regeneration companies
##### 76ZK
- (1) This section applies if a company to which section 76 applies (“*the contributor*”) incurs expenses in making a contribution (whether in cash or in kind)—
- (a) to a local enterprise organisation, or
- (b) to an urban regeneration company.
- (2) The expenses are treated for the purposes of section 76 as expenses payable which fall to be brought into account at Step 1 in section 76(7).
- (3) But if, in connection with the making of the contribution, the contributor or a connected person—
- (a) receives a disqualifying benefit of any kind, or
- (b) is entitled to receive such a benefit,
the amount treated in accordance with subsection (2) is restricted to the amount of the expenses less the value of the benefit.
- (4) For this purpose it does not matter whether a person receives, or is entitled to receive, the benefit—
- (a) from the local enterprise organisation or urban regeneration company concerned, or
- (b) from anyone else.
- (5) Subsection (6) applies if—
- (a) an amount has been brought into account in accordance with subsection (2), and
- (b) the contributor or a connected person receives a disqualifying benefit that is in any way attributable to the contribution.
- (6) The contributor is to be treated as receiving, when the benefit is received, an amount—
- (a) which is equal to the value of the benefit (so far as not brought into account in determining the amount of the deduction), and
- (b) to which the charge to corporation tax on income applies.
- (7) In this section—
- “*disqualifying benefit*” means a benefit the expenses of obtaining which, if incurred by the contributor directly in a transaction at arm's length, would not be expenses payable for the purposes of section 76,
- “*local enterprise organisation*” has the meaning given by section 83 of CTA 2009,
- “*urban regeneration company*” has the meaning given by section 86 of CTA 2009.
- (8) Section 839 (“connected person”) applies for the purposes of subsections (3) and (5).
### Unpaid remuneration
##### 76ZL
- (1) This section applies if—
- (a) an amount is charged in respect of employees' remuneration in the accounts for a period of a company to which section 76 applies,
- (b) the amount would apart from this section be brought into account under section 76 as expenses payable, and
- (c) the remuneration is not paid before the end of the period of 9 months immediately following the end of the period of account.
- (2) If the remuneration is paid after the end of that period of 9 months, the amount is brought into account for the period of account in which it is paid.
- (3) But—
- (a) subsection (2) is subject to section 86 of FA 1989 (spreading of relief for acquisition expenses), and
- (b) in interpreting that section the remuneration is treated as expenses payable which fall to be included at Step 1 in section 76(7) for the period of account in which the remuneration is paid.
- (4) The amount is not brought into account under section 76 as expenses payable if it is not paid.
##### 76ZM
- (1) For the purposes of section 76ZL an amount charged in the accounts in respect of employees' remuneration includes an amount for which provision is made in the accounts with a view to its becoming employees' remuneration.
- (2) For the purposes of section 76ZL it does not matter whether an amount is charged for—
- (a) particular employments, or
- (b) employments generally.
- (3) If the profits of the company are calculated before the end of the 9 month period mentioned in section 76ZL(1)(c)—
- (a) it must be assumed, in making the calculation, that any remuneration which is unpaid when the calculation is made will not be paid before the end of that period, but
- (b) if the remuneration is subsequently paid before the end of that period, nothing in this subsection prevents the calculation being revised and any tax return being amended accordingly.
- (4) For the purposes of this section and section 76ZL remuneration is paid when it—
- (a) is treated as received by an employee for the purposes of ITEPA 2003 by section 18 or 19 of that Act (receipt of money and non-money earnings), or
- (b) would be so treated if it were not exempt income.
- (5) In this section and section 76ZL—
- “*employee*” includes an office-holder and “*employment*” therefore includes an office, and
- “*remuneration*” means an amount which is or is treated as earnings for the purposes of Parts 2 to 7 of ITEPA 2003.
### Car or motor cycle hire
##### 76ZN
- (1) Subsection (2) applies if—
- (a) in calculating the corporation tax to which a company is liable for an accounting period, an amount representing expenses incurred on the hiring of a car or motor cycle can be brought into account under section 76 as expenses payable,
- (b) the car or motor cycle is not a qualifying hire car or motor cycle, and
- (c) the retail price of the car or motor cycle when new exceeds £12,000.
- (2) The amount that would otherwise be capable of being brought into account as expenses payable is reduced by multiplying the amount by the fraction—
$$£12,000+RP2×RP$where RP is the retail price of the car or motor cycle when new.$
- (3) Subsection (4) applies if an amount is reduced as a result of subsection (2), or a corresponding provision, and—
- (a) subsequently—
- (i) there is a rebate (however described) of the hire charges, or
- (ii) a debt in respect of any of the hire charges is released otherwise than as part of a statutory insolvency agreement, and
- (b) an amount is brought into account in respect of the rebate or release.
- (4) For the purposes of subsection (3)(b) an amount is brought into account in respect of a rebate of hire charges or the release of a debt if—
- (a) the amount of a reversal representing the rebate or release falls to be deducted under Step 4 in section 76(7), or
- (b) (in the case of a rebate of hire charges) an amount representing the rebate is chargeable under section 85(1) of the Finance Act 1989 (c. 26).
- (5) The amount that would otherwise be deductible as mentioned in subsection (4)(a) or chargeable as mentioned in subsection (4)(b) is reduced by multiplying it by the fraction set out in subsection (2).
- (6) In this section “*corresponding provision*” means—
- (a) section 56(2) of CTA 2009 (car or motor cycle hire: trade profits and property income),
- (b) section 1251(2) of CTA 2009 (car or motor cycle hire: companies with investment business), and
- (c) section 48(2) of ITTOIA 2005 (car or motor cycle hire: trade profits and property income).
- (7) The power under section 74(4) of CAA 2001 to increase or further increase the sums of money specified in Chapter 8 of Part 2 of CAA 2001 includes the power to increase or further increase the sum of money specified in subsection (1)(c) or (2).
- (8) In this section “*car or motor cycle*” and “*qualifying hire car or motor cycle*” have the meanings given by section 57 of CTA 2009.
##### 76ZO
- (1) Section 76ZN does not apply to expenses incurred on the hiring of a car with low CO₂ emissions, or an electrically-propelled car, if—
- (a) the car was first registered on or after 17 April 2002, and
- (b) the period of hire begins before 1 April 2013 under a contract entered into before that date.
- (2) For this purpose—
- “*car with low CO₂ emissions*” has the meaning given by section 45D of CAA 2001, and
- “*electrically-propelled car*” has the meaning given by that section.
##### 95ZA
- (1) If the total amount of relevant distributions received by a company in an accounting period exceeds £50,000, those distributions are to be taken into account in calculating for corporation tax purposes the profits of the company in that period (and accordingly section 1285 of CTA 2009 does not apply in relation to those distributions).
- (2) A company (“company A”) receives a “relevant distribution” if—
- (a) it receives a distribution made by a company resident in the United Kingdom (“company B”),
- (b) the value of the shares or stock in respect of which the distribution is made (“the holding”) is materially reduced by reason of the distribution,
- (c) a profit on the sale of the holding (to anyone other than company B) would be taken into account in calculating company A's profits in respect of relevant insurance business, and
- (d) either—
- (i) the holding amounts to, or is an ingredient in a holding amounting to, 10% of all holdings of the same class in company B, or
- (ii) the period between the acquisition by company A of the holding and that company first taking steps to dispose of the holding does not exceed 30 days.
- (3) In this section “*relevant insurance business*” means any kind of insurance business other than life assurance business.
- (4) Section 177(7) of TCGA 1992 (provision supplementing provision corresponding to subsection (2)(d)(i) above) applies for the purposes of subsection (2)(d)(i).
- (5) Section 731(4) below (interpretation of “taking steps to dispose of securities”) applies for the purposes of subsection (2)(d)(ii) as if the reference to the securities were to the holding.
##### 95A
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### Relief for post-cessation expenditure
##### 109A
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### Change of residence
##### 110A
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#### Expenses of insurance companies
### Limited liability partnerships
##### 118ZA
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##### 118ZB
Section 118 has effect in relation to a member of a limited liability partnership as in relation to a limited partner, but subject to sections 118ZC and 118ZD.
##### 118ZC
- (1) Subsection (3) of section 118 does not have effect in relation to a member of a limited liability partnership.
- (2) But, for the purposes of . . . section 118, such a member’s contribution to a trade at any time (“*the relevant time*”) is the greater of—
- (a) the amount subscribed by it, and
- (b) the amount of its liability on a winding up.
- (3) The amount subscribed by a member of a limited liability partnership is the amount which it has contributed to the limited liability partnership as capital, less so much of that amount (if any) as—
- (a) it has previously, directly or indirectly, drawn out or received back,
- (b) it so draws out or receives back during the period of five years beginning with the relevant time,
- (c) it is or may be entitled so to draw out or receive back at any time when it is a member of the limited liability partnership, or
- (d) it is or may be entitled to require another person to reimburse to it.
- (4) The amount of the liability of a member of a limited liability partnership on a winding up is the amount which—
- (a) it is liable to contribute to the assets of the limited liability partnership in the event of the partnership's being wound up, and
- (b) it remains liable so to contribute for the period of at least five years beginning with the relevant time (or until the partnership is wound up, if that happens before the end of that period).
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZD
- (1) Where amounts relating to a trade carried on by a member of a limited liability partnership are, in any one or more accounting periods, prevented from being given or allowed by section . . . 118 as it applies otherwise than by virtue of this section (the member's“total unrelieved loss”), subsection (2) applies in each subsequent accounting period in which—
- (a) the member carries on the trade as a member of the limited liability partnership, and
- (b) any of the member's total unrelieved loss remains outstanding.
- (2) Sections 393A(1) and 403 (and section 118 as it applies in relation to those sections) shall have effect in the subsequent accounting period as if—
- (a) any loss sustained or incurred by the member in the trade in that accounting period were increased by an amount equal to so much of the member's total unrelieved loss as remains outstanding in that period, or
- (b) (if no loss is so sustained or incurred) a loss of that amount were so sustained or incurred.
- (3) To ascertain whether any (and, if so, how much) of a member’s total unrelieved loss remains outstanding in the subsequent accounting period, deduct from the amount of the member's total unrelieved loss the aggregate of—
- (a) any relief given under any provision of the Corporation Tax Acts (otherwise than as a result of subsection (2)) in respect of the member's total unrelieved loss in that or any previous accounting period, and
- (b) any amount given or allowed in respect of the member's total unrelieved loss as a result of subsection (2) in any previous accounting period (or which would have been so given or allowed had a claim been made).
### Non-active general partners and non-active members of limited liability partnerships
##### 118ZE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amounts reversing expenses of management deducted: charge to tax
##### 118ZG
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZH
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 18ZJ
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZK
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Partnerships exploiting films
##### 118ZL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Partners: meaning of “contribution to the trade”
#### Levies and repayments under the Financial Services and Markets Act 2000.
##### 118ZN
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chapter VIIA — Paying and collecting agents
##### 118A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118I
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##### 118J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118K
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Levies and repayments under the Financial Services and Markets Act 2000.
##### 126A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 127A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 129A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 129B
- (1) The income which, as income deriving from investments of a description specified in any of the relevant provisions, is eligible for relief from tax by virtue of that provision shall be taken to include any relevant stock lending fee.
- (2) For the purposes of this section the relevant provisions are sections 613(4) and 614(3) and section 186 of the Finance Act 2004.
- (3) In this section “*relevant stock lending fee*”, in relation to investments of any description, means any amount, in the nature of a fee, which is payable in connection with any stock lending arrangement relating to investments which, but for any transfer under the arrangement, would be investments of that description.
- (4) In this section “*stock lending arrangement*” has the same meaning as in section 263B of the 1992 Act.
#### Payments to trustees of approved profit sharing schemes.
#### Returns.
#### Application of lower rate to company distributions.
##### 140A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140D
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##### 140E
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##### 140F
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##### 140G
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##### 140H
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#### Aggregation of wife’s income with husband’s.
##### 144A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 146A
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##### 151A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 155ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 155ZB
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##### 155AA
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##### 155A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cars available for private use.
##### 156A
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##### 157A
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##### 159AA
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##### 159AB
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##### 159AC
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##### 159A
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##### 161A
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##### 161B
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##### 168A
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##### 168AA
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##### 168AB
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##### 168B
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##### 168C
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##### 168D
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##### 168E
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##### 168F
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##### 168G
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#### Exceptions from tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 177A
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##### 177B
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### Contributions in respect of share option gains
#### Tax on companies in administration
##### 187A
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### Removal expenses and benefits
##### 191A
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##### 191B
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##### 192A
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#### Election by company paying dividend.
##### 197A
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##### 197AA
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##### 197AB
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##### 197AC
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### Mileage allowances
##### 197AD
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##### 197AE
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#### Returns.
##### 197AF
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##### 197AG
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##### 197AH
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### Mileage allowances
##### 197B
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##### 197C
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##### 197D
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##### 197E
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##### 197F
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### Sporting and recreational facilities
##### 197G
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##### 198A
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##### 200ZA
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##### 200AA
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##### 200A
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##### 200B
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##### 200C
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##### 200D
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##### 200E
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##### 200F
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##### 200G
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##### 200H
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##### 200J
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##### 201AA
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##### 201A
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##### 202A
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##### 202B
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##### 203A
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##### 203B
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##### 203C
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##### 203D
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##### 203E
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##### 203F
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##### 203FA
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##### 203FB
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##### 203G
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##### 203H
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##### 203I
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##### 203J
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##### 203K
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##### 203L
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##### 206A
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##### 207A
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#### Transfers of trade to obtain balancing allowances
##### 209A
- (1) Subsection (3AA) of section 209 does not apply in relation to a security issued by a company (the “*issuing company*”) if the security is one which to a significant extent reflects dividends or other distributions in respect of, or fluctuations in the value of, shares in one or more companies each of which is—
- (a) the issuing company; or
- (b) an associated company of the issuing company;
but this subsection is subject to the following provisions of this section.
- (2) Subsection (1) above does not prevent subsection (3AA) of section 209 above from applying in relation to a security if—
- (a) the issuing company is a bank or securities house;
- (b) the security is issued by the issuing company in the ordinary course of its business; and
- (c) the security reflects dividends or other distributions in respect of, or fluctuations in the value of, shares in companies falling within paragraph (a) or (b) of subsection (1) above by reason only that the security reflects fluctuations in a qualifying index.
- (3) In subsection (2)(c) above “*qualifying index*” means an index whose underlying subject matter includes both—
- (a) shares in one or more companies falling within paragraph (a) or (b) of subsection (1) above, and
- (b) shares in one or more companies falling within neither of those paragraphs,
and which is an index such that the shares falling within paragraph (b) above represent a significant proportion of the market value of the underlying subject matter of the index.
- (4) In this section—
- “*bank*” has the meaning given by section 840A;
- “*securities house*” means any person—who is authorised for the purposes of the Financial Services and Markets Act 2000; andwhose business consists wholly or mainly of dealing in financial instruments as principal;and in paragraph (b) above “*financial instrument*” has the meaning given by section 984 of ITA 2007.
- (5) For the purposes of this section a company is an “*associated company*” of another at any time if at that time one has control of the other or both are under the control of the same person or persons.
- (6) For the purposes of subsection (5) above, “*control*”, in relation to a company, means the power of a person to secure—
- (a) by means of the holding of shares or the possession of voting power in or in relation to the company or any other company, or
- (b) by virtue of any powers conferred by the articles of association or other document regulating the company or any other company,
that the affairs of the company are conducted in accordance with his wishes.
- (7) There shall be left out of account for the purposes of subsection (6) above—
- (a) any shares held by a company, and
- (b) any voting power or other powers arising from shares held by a company,
if a profit on a sale of the shares would be treated as a trading receipt of a trade carried on by the company and the shares are not, within the meaning of Chapter 1 of Part 12, assets of an insurance company’s long-term insurance fund (see section 431(2)).
##### 209B
- (1) Subsection (3AA) of section 209 does not at any time apply in relation to a security issued by a company (the “*issuing company*”) if at that time, or any earlier time on or after 17th April 2002, there are or have been any hedging arrangements that relate to some or all of the company’s liabilities under the security.
- (2) Subsection (1) above does not prevent subsection (3AA) of section 209 from applying in relation to a security at any time if—
- (a) conditions 1 to 4 below are satisfied in relation to any such hedging arrangements at that time; and
- (b) at all earlier times on or after 17th April 2002 when there have been hedging arrangements that relate to some or all of the company’s liabilities under the security, conditions 1 to 4 below were satisfied in relation to those hedging arrangements.
- (3) Where subsection (3AA) of section 209 at any time ceases to apply in relation to a security by virtue of this section, subsection (2)(d) of that section shall have effect in relation to the security as from that time as it would have had effect if subsection (3AA) had never applied in relation to the security.
- (4) Condition 1 is that the hedging arrangements do not constitute, include, or form part of, any scheme or arrangement the purpose or one of the main purposes of which is the avoidance of tax (including stamp duty or stamp duty land tax).
- (5) Condition 2 is that the hedging arrangements are such that, where for the purposes of corporation tax a deduction in respect of the security falls to be made at any time by the issuing company, then at that time, or within a reasonable time before or after it, any amounts intended under the hedging arrangements to offset some or all of that deduction arise—
- (a) to the issuing company; or
- (b) to a company which is a member of the same group of companies as the issuing company.
- (6) Condition 3 is that the whole of every amount arising as mentioned in subsection (5) above is brought into charge to corporation tax—
- (a) by a company falling within paragraph (a) or (b) of that subsection, or
- (b) by two or more companies, taken together, each of which falls within paragraph (a) or (b) of that subsection.
- (7) Condition 4 is that for the purposes of corporation tax any deductions in respect of expenses of establishing or administering the hedging arrangements are reasonable, in proportion to the amounts required to be brought into charge to corporation tax by subsection (6) above.
- (8) For the purposes of this section “*hedging arrangements*”, in relation to a security, means any scheme or arrangement for the purpose, or for purposes which include the purpose, of securing that an amount of income or gain accrues, or is received or receivable, whether directly or indirectly, which is intended to offset some or all of the amounts which fall to be brought into account, in accordance with generally accepted accounting practice, in respect of amounts accruing or falling to be paid in accordance with the terms of the security.
- (9) Any reference in this section to two companies being members of the same group of companies is a reference to their being members of the same group of companies for the purposes of Chapter 4 of Part 10 of this Act (group relief).
##### 213A
- (1) A reference in the Corporation Tax Acts to distributions of a company shall not apply to a distribution if—
- (a) it is a distribution consisting of—
- (i) the transfer of part of a business by a company (“the distributing company”) to one or more other companies (“the transferee company or companies”), and
- (ii) the issue of shares by the transferee company or companies to the members of the distributing company, and
- (b) the requirements of either section 140A(1A) of the 1992 Act (division of UK business) or section 140C(1A) of that Act (division of non-UK business) are satisfied in relation to the distribution.
- (2) A distribution to which this section applies is an “*exempt distribution*” for the purposes of sections 214 to 217.
- (3) The expression “*relevant company*” in sections 214 to 217 includes the distributing company and the transferee company or companies.
### Industrial and provident society dividends etc
##### 230A
- (1) This section applies if—
- (a) a dividend or bonus is granted by a registered industrial and provident society, and
- (b) section 132 (deduction for dividends etc granted by industrial and provident societies) of CTA 2009 allows the sum representing the dividend or bonus to be deducted in calculating the profits of a trade.
- (2) The dividend, or the bonus, is not treated as a distribution for the purposes of the Corporation Tax Acts.
##### 231A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 231AA
- (1) A person shall not be entitled to a tax credit under section 231 . . . in respect of a qualifying distribution if—
- (a) he is the borrower under a stock lending arrangement or the lender under a creditor repo or creditor quasi-repo;
- (b) the qualifying distribution is, or is a payment representative of, a distribution in respect of securities to which the arrangement or repo in question relates; and
- (c) a manufactured dividend representative of that distribution is paid by that person in respect of securities to which the arrangement or repo in question relates.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this section “*stock lending arrangement*” has the same meaning as in section 263B of the 1992 Act and, in relation to any such arrangement, any reference to the borrower, or the securities to which the arrangement relates, shall be construed accordingly.
- (3) In this section “*creditor repo*” and “*creditor quasi-repo*” have the meaning given by Chapter 10 of Part 6 of CTA 2009 (repos).
- (4) For the purposes of this section “*manufactured dividend*” has the same meaning as in paragraph 2 of Schedule 23A (and any reference to a manufactured dividend being paid accordingly includes a reference to a payment falling by virtue of section 736B(2) . . . to be treated for the purposes of Schedule 23A as if it were made).
- (5) For the purposes of this section a person is taken to have paid a manufactured dividend representative of a distribution in respect of securities to which a creditor repo relates if (as a result of paragraph 13(1) of Schedule 13 to the Finance Act 2007) the person is treated for the purposes of Chapter 9 of Part 15 of ITA 2007 as making a payment which is representative of the income payable on the securities.
##### 231AB
- (1) A person shall not be entitled to a tax credit under section 231 . . . in respect of a qualifying distribution if—
- (a) the person is the borrower under a debtor repo or debtor quasi-repo;
- (b) the qualifying distribution is a manufactured dividend paid to the borrower in consequence of that repo; and
- (c) the arrangement or arrangements in relation to that repo are not such that the actual dividend which the manufactured dividend represents is receivable otherwise than by the borrower under that repo.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this section “*debtor repo*” and “*debtor quasi-repo*” have the meaning given by Chapter 10 of Part 6 of CTA 2009 (repos).
- (3) Subsection (4) of section 231AA applies for the purposes of this section as it applies for the purposes of that section.
##### 231B
- (1) This section applies in any case where—
- (a) a person (“A”) is entitled to a tax credit in respect of a qualifying distribution;
- (b) arrangements subsist such that another person (“B”) obtains, whether directly or indirectly, a payment representing any of the value of the tax credit;
- (c) the arrangements (whether or not made directly between A and B) were entered into for an unallowable purpose; and
- (d) the condition in subsection (2) below is satisfied.
- (2) The condition is that if B had been the person entitled to the tax credit and the qualifying distribution to which it relates, and had received the distribution when it was made, then—
- (a) B would not have been entitled to obtain any payment under section 231(2) or (3) in respect of the tax credit; and
- (b) if B is a company, B could not have used the income consisting of the distribution to frank a distribution actually made in the accounting period in which it would have received the distribution to which the tax credit relates.
- (3) This section does not apply if and to the extent that any other provision of the Tax Acts has the effect of cancelling or reducing the tax advantage which would otherwise be obtained by virtue of the arrangements.
- (4) Where this section applies—
- (a) no claim shall be made under section 231(2) for payment of the amount of the tax credit;
- (b) no claim shall be made under section 397(2) of ITTOIA 2005. . . in respect of the tax credit;
- (c) the income consisting of the distribution in respect of which A is entitled to the tax credit shall not be regarded for the purposes of section 241 as franked investment income; and
- (d) no claim shall be made under section 35 of the Finance (No. 2) Act 1997 (transitional relief) for payment of an amount determined by reference to that distribution.
- (5) For the purposes of this section, the question whether any arrangements were entered into for an “unallowable purpose” shall be determined in accordance with subsections (6) and (7) below.
- (6) Arrangements are entered into for an unallowable purpose if the purposes for which at least one person is a party to the arrangements include a purpose which is not amongst the business or other commercial purposes of that person.
- (7) Where one of the purposes for which a person enters into any arrangements is the purpose of securing that that person or another obtains a tax advantage, that purpose shall be regarded as a business or other commercial purpose of the person only if it is neither the main purpose, nor one of the main purposes, for which the person enters into the arrangements.
- (8) Any reference in this section to a person obtaining a tax advantage includes a reference to a person obtaining a payment representing any of the value of a tax credit in circumstances where, had the person obtaining the payment been entitled to the tax credit and the qualifying distribution to which it relates, that person—
- (a) would not have been entitled to obtain any payment under section 231(2) or (3) in respect of the tax credit; and
- (b) if that person is a company, could not have used the income consisting of the distribution to frank a distribution actually made in the accounting period in which it would have received the distribution to which the tax credit relates.
- (9) If an amount representing any of the value of a tax credit to which a person is entitled is applied at the direction of, or otherwise in favour of, some other person (whether by way of set off or otherwise), the case shall be treated for the purposes of this section as one where that other person obtains a payment representing any of the value of the tax credit.
- (10) In determining for the purposes of subsections (2)(b) and (8)(b) b above whether a company could have used the income consisting of the distribution in question to frank a distribution of the company, the company shall be taken to use its actual franked investment income to frank distributions before using the income consisting of the distribution in question.
- (11) References in this section to using franked investment income to frank a distribution of a company have the same meaning as in Chapter V of Part VI.
- (12) In this section—
- “*arrangements*” means arrangements of any kind, whether in writing or not (and includes a series of arrangements, whether or not between the same parties);
- “*business or other commercial purposes*” includes the efficient management of investments;
- “*franked investment income*” has the same meaning as in Chapter V of Part VI and references to income consisting of a distribution shall be construed accordingly;
- “*tax advantage*” has the meaning given by section 840ZA
#### Company reconstructions: supplemental.
##### 234A
- (1) This section applies where dividend or interest is distributed by a company which is—
- (a) a company within the meaning of the Companies Act 1985 or the Companies (Northern Ireland) Order 1986, or
- (b) a company created by letters patent or by or in pursuance of an Act.
- (2) If the company makes a payment of dividend or interest to any person, and subsection (3) below does not apply, within a reasonable period the company shall send an appropriate statement to that person.
- (3) If the company makes a payment of dividend or interest into a bank or building society account held by any person, within a reasonable period the company shall send an appropriate statement to either—
- (a) the bank or building society concerned, or
- (b) the person holding the account.
- (4) In a case where—
- (a) a statement is received by a person under subsection (2) or (3)(b) above,
- (b) the whole or part of the sum concerned is paid to or on behalf of the person as nominee for another person, and
- (c) the nominee makes a payment of the sum or part to the other person and subsection (5) below does not apply,
within a reasonable period the nominee shall send an appropriate statement to that person.
- (5) In a case where—
- (a) a statement is received by a person under subsection (2) or (3)(b) above,
- (b) the whole or part of the sum concerned is paid to or on behalf of the person as nominee for another person, and
- (c) the nominee makes a payment of the sum or part into a bank or building society account held by the other person,
within a reasonable period the nominee shall send an appropriate statement to either the bank or building society concerned or the other person.
- (6) In the case of a payment of interest which is not a qualifying distribution or part of a qualifying distribution, references in this section to an appropriate statement are to a written statement showing—
- (a) the gross amount which, after deduction of the income tax appropriate to the interest, corresponds to the net amount actually paid,
- (b) the rate and the amount of income tax appropriate to such gross amount,
- (c) the net amount actually paid, and
- (d) the date of the payment.
- (7) In the case of a payment of dividend or interest which is a qualifying distribution or part of a qualifying distribution, references in this section to an appropriate statement are to a written statement showing—
- (a) the amount of the dividend or interest paid,
- (b) the date of the payment, and
- (c) the amount of the tax credit to which a person is entitled in respect of the dividend or interest, or to which a person would be so entitled if he had a right to a tax credit in respect of the dividend or interest.
- (8) In this section “*send*” means send by post.
- (8A) In this section “*bank*” has the meaning given by section 840A.
- (9) If a person fails to comply with subsection (2), (3), (4) or (5) above, the person shall incur a penalty of £60 in respect of each offence, except that the aggregate amount of any penalties imposed under this subsection on a person in respect of offences connected with any one distribution of dividends or interest shall not exceed £600.
- (10) The Board may by regulations provide that where a person is under a duty to comply with subsection (2), (3), (4) or (5) above, the person shall be taken to comply with the subsection if the person either—
- (a) acts in accordance with the subsection concerned, or
- (b) acts in accordance with rules contained in the regulations;
and subsection (9) above shall be construed accordingly.
- (11) Regulations under subsection (10) above may make different provision for different circumstances.
##### 245A
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##### 245B
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### Chapter VA — Foreign Income Dividends
### Election by company paying dividend
#### Substitution of security: supplemental.
##### 246A
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##### 246B
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### Recipient of foreign income dividend
##### 246C
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##### 246D
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### Companies: payments and receipts
##### 246E
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##### 246F
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##### 246G
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##### 246H
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### Foreign source profit and distributable foreign profit
##### 246I
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### Matching of dividend with distributable foreign profit
##### 246J
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##### 246K
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##### 246L
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##### 246M
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### Repayment or set-off of advance corporation tax
##### 246N
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##### 246P
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##### 246Q
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##### 246R
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### International headquarters companies
##### 246S
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##### 246T
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##### 246U
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##### 246V
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##### 246W
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### Adjustments
##### 246X
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### Application of this Chapter
##### 246Y
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#### Elections as to transfer of relief under section 257A or 257AB.
### Approved share incentive plans
##### 251A
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##### 251B
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##### 251C
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#### Second loans.
##### 251D
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##### 256A
- (1) For the purposes of this Chapter an individual's adjusted net income for a year of assessment is calculated as follows.
*Step 1*
Take the amount of the individual's net income for the year of assessment.
*Step 2*
If in the year of assessment the individual makes, or is treated under section 426 of ITA 2007 as making, a gift that is a qualifying donation for the purposes of Chapter 2 of Part 8 of that Act (gift aid) deduct the grossed up amount of the gift.
*Step 3*
If the individual is given relief in accordance with section 192 of FA 2004 (relief at source) in respect of any contribution paid in the year of assessment under a pension scheme, deduct the gross amount of the contribution.
*Step 4*
Add back any relief under section 266 of this Act given by virtue of subsection (7) of that section (payments for life insurance etc) that was deducted in calculating the individual's net income for the year of assessment.
The result is the individual's adjusted net income for the year of assessment.
- (2) The grossed up amount of a gift is the amount of the gift grossed up by reference to the basic rate for the year of assessment.
- (3) The gross amount of a contribution is the amount of the contribution before deduction of tax under section 192(1) of FA 2004.
##### 256B
In this Chapter “*the minimum amount*” means £2,350.
##### 257AA
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##### 257A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) If the claimant is, for the whole or any part of the year of assessment, a married man whose wife is living with him and whose marriage was entered into before 5th December 2005, and either of them was born before 6th April 1935, he shall (subject to subsection (3A) below) be entitled for that year to a tax reduction calculated by reference to £2,665 . . . .
- (3) If the claimant is, for the whole or any part of the year of assessment, a married man whose wife is living with him and whose marriage was entered into before 5th December 2005, and either of them
- (a) is at any time within that year of the age of 75 or upwards, and
- (b) was born before 6th April 1935,
he shall (subject to subsection (3A) below) be entitled for that year to a tax reduction calculated by reference to £2,705 (instead of to the reduction provided for by subsection . . . (2) above).
- (3A) Subsections (2) and (3) above shall not apply in relation to the claimant for any year of assessment if an election made by the claimant and his wife under section 257AB(1)(c) has effect for that year.
- (4) For the purposes of subsection (3) above a person who would have been of or over the age of 75 within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
- (5) In relation to a claimant whose adjusted net income for the year of assessment exceeds £12,300, subsections (2) and (3) above shall apply as if the amounts specified in them were reduced by—
- (a) one half of the excess, less
- (b) any reduction made in his allowance under section 257 by virtue of subsection (5) of that section,
. . .
- (5A) The amounts specified in subsections (2) and (3) above shall not by virtue of subsection (5) above be treated as reduced below the minimum amount.
- (6) A man shall not be entitled by virtue of this section to more than one tax reduction for any year of assessment; and in relation to a claim by a man who becomes married in the year of assessment and has not previously in the year been entitled to relief under this section, this section shall have effect as if the amounts specified in subsections (2) and (3) above were reduced by one twelfth for each month of the year ending before the date of the marriage.
- In this subsection “*month*” means a month beginning with the 6th day of a month of the calendar year.
- (6A) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257AB
- (1) This section applies if —
- (a) the claimant is, for the whole or any part of the year of assessment, living with his spouse or civil partner,
- (b) either the claimant or his spouse or civil partner was born before 6th April 1935,
- (c) the marriage or civil partnership was entered into on or after 5th December 2005 or, if the marriage was entered into before that date, an election for this section to apply has effect for that year, and
- (d) the claimant's net income for that year exceeds that of his spouse or civil partner or, if they have the same amount of net income for that year, the claimant is specified in an election as the person to be entitled to relief under this section for that year.
- (2) The claimant shall be entitled for that year to a tax reduction—
- (a) calculated by reference to £5,975 (if either the claimant or his spouse or civil partner is at any time within that year of the age of 75 or upwards), or
- (b) calculated by reference to £5,905 (in any other case).
- (3) For the purposes of subsection (2)(a) above an individual who would have been of or over the age of 75 within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
- (4) In relation to a claimant whose adjusted net income for the year of assessment exceeds £19,500, subsection (2) above applies as if the amounts specified in it were reduced by—
- (a) one half of the excess, less
- (b) any reduction made in his allowance under section 257 by virtue of subsection (5) of that section.
- (5) The amounts specified in subsection (2) above shall not by virtue of subsection (4) above be treated as reduced below the minimum amount.
- (6) An individual shall not be entitled by virtue of this section to more than one tax reduction for any year of assessment.
- (7) In relation to a claim by an individual who —
- (a) becomes a spouse or civil partner in the year of assessment, and
- (b) has not previously in the year been entitled to relief under this section,
this section shall have effect as if the amounts specified in subsection (2) above were reduced by one twelfth for each month of the year ending before the date of the marriage or civil partnership.
- In this subsection “*month*” means a month beginning with the 6th day of a month of the calendar year.
- (8) An election under subsection (1)(c) —
- (a) shall be made jointly by the parties to the marriage,
- (b) shall be made before the first year of assessment for which it is to have effect,
- (c) shall have effect for that and each succeeding year of assessment for which any party to the marriage is entitled to relief under this section, and
- (d) shall be irrevocable.
- (9) An election under subsection (1)(d) —
- (a) shall be made jointly by the parties to the marriage or civil partnership, and
- (b) shall be made on or before the 5th anniversary of the 31st January next following the end of the year of assessment to which the election relates.
- (10) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
#### Qualifying policies.
##### 257BA
- (1) An individual may elect that for any year of assessment for which the individual's spouse or civil partner is entitled to a tax reduction under section 257A or 257AB—
- (a) the individual shall be entitled (on making a claim) to a tax reduction calculated by reference to half the minimum amount, and
- (b) the spouse or civil partner's appropriate amount shall be reduced by half the minimum amount.
- (2) An individual and the individual's spouse or civil partner may jointly elect that for any year of assessment for which the individual is entitled to a tax reduction under section 257A or 257AB—
- (a) the individual's spouse or civil partner shall be entitled (on making a claim) to a tax reduction calculated by reference to the minimum amount, and
- (b) the individual's appropriate amount shall be reduced by the minimum amount.
- (3) An individual may elect that for any year of assessment for which the individual's spouse or civil partner is entitled to a tax reduction by virtue of an election under subsection (2) above—
- (a) the individual shall be entitled (on making a claim) to a tax reduction calculated by reference to half the minimum amount (in addition to any tax reduction to which the individual is already entitled under section 257A or 257AB), and
- (b) the tax reduction to which the spouse or civil partner is entitled by virtue of that election shall be calculated by reference to half the minimum amount (instead of by reference to the minimum amount).
- (3A) In this section “*the appropriate amount*” means the amount by reference to which the calculation of the tax reduction is to be made.
- (4) An election under this section shall be made by giving notice to the inspector in such form as the Board may determine and—
- (a) subject to subsections (5) and (7) below, shall be made before the first year of assessment for which it is to have effect, and
- (b) shall have effect for that and each succeeding year of assessment for which the individual concerned is entitled to relief under section 257A or 257AB, subject to its withdrawal under subsection (8) below or a subsequent election under this section.
- (5) An election may be made during the first year of assessment for which it is to have effect if that is the year of assessment in which the marriage or civil partnership takes place.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) An election may be made within the first thirty days of the first year of assessment for which it is to have effect if before that year the inspector has been given written notification that it is intended to make the election.
- (8) The person or persons by whom an election was made may withdraw it by giving notice to the inspector in such form as the Board may determine; but the withdrawal shall not have effect until the year of assessment after the one in which the notice is given.
- (9) An individual shall not be entitled by virtue of an election under this section to more than one tax reduction for any year of assessment.
- (10) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
##### 257BB
- (1) Where—
- (a) an individual is entitled to a tax reduction under section 257A or 257AB, but
- (b) the amount of the tax reduction to which the individual is entitled is greater than the individual's comparable tax liability,
the individual's spouse or civil partner shall be entitled (in addition to any tax reduction to which that spouse or civil partner is entitled by virtue of an election under section 257BA) to a tax reduction equal to the unused part of the individual's MCA tax reductions.
- (1A) The individual's MCA tax reductions are the sum of—
- (a) the tax reduction to which the individual is entitled under section 257A or 257AB, and
- (b) any tax reduction to which the individual is entitled by virtue of an election under section 257BA(3).
- (1B) The unused part of the individual's MCA tax reductions is equal to—
- (a) the individual's MCA tax reductions, less
- (b) the individual's comparable tax liability.
- (2) Subsection (1) above shall not apply for a year of assessment unless the claimant’s spouse or civil partner gives notice to the inspector that it is to apply.
- (3) Where—
- (a) an individual is entitled to a tax reduction by virtue of an election under section 257BA, but
- (b) the amount of the tax reduction to which the individual is entitled is greater than the individual's comparable tax liability,
the individual's spouse or civil partner shall be entitled (in addition to any tax reduction to which that spouse or civil partner is entitled by virtue of section 257A or 257AB) to a tax reduction equal to the unused part of the individual's tax reduction.
- (3AA) The unused part of the individual's tax reduction is equal to—
- (a) the tax reduction to which the individual is entitled by virtue of the election under section 257BA, less
- (b) the individual's comparable tax liability.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Subsection (3) above shall not apply for a year of assessment unless the claimant’s spouse or civil partner gives notice to the inspector that it is to apply.
- (5) Any notice under subsection (2) or (4) above—
- (a) shall be given on or before the fifth anniversary of the 31st January next following the end of the year of assessment to which it relates,
- (b) shall be in such form as the Board may determine, and
- (c) shall be irrevocable.
- (5A) For the purposes of this section, the comparable tax liability of an individual is the amount of the individual's tax left after Step 6 of the calculation in section 23 of ITA 2007, making that calculation with the modifications set out in subsections (5B) and (5C).
- (5B) In making that calculation, do not deduct any tax reduction under—
- (a) section 788 (double taxation arrangements: relief by agreement), or
- (b) section 790(1) (relief for foreign tax where there are no double taxation arrangements).
- (5C) If the individual's entitlement to a tax reduction under section 257A, 257AB, 257BA or this section is extinguished under section 423(4) of ITA 2007 (gift aid: restriction of reliefs) to any extent, deduct from the amount calculated in accordance with subsections (5A) and (5B) the amount by which the tax reduction is reduced.
- (5D) For the purposes of this section a person is treated as being entitled to a tax reduction under section 788 if the person is entitled to credit against income tax under arrangements which have effect under that section.
- (5E) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257B
- (1) Where—
- (a) a man is entitled to relief under section 257A, but
- (b) the amount which he is entitled to deduct from his total income by virtue of that section exceeds what is left of his total income after all other deductions have been made from it,
his wife shall be entitled to a deduction from her total income of an amount equal to the excess.
- (2) In determining for the purposes of subsection (1)(b) above the amount that is left of a person’s total income for a year of assessment after other deductions have been made from it, there shall be disregarded any deduction made—
- (a) on account of any payments of relevant loan interest which become due in that year and to which section 369 applies, or
- (b) under section 289 or
- (c) on account of any payments to which section 593(2) or 639(3) applies,or
- (d) on account of any payments to which section 54(5) of the Finance Act 1989 applies.
, or
- (e) on account of any payments to which section 32(4) of the Finance Act 1991 applies.
- (3) This section shall not apply for a year of assessment unless the claimant’s husband has given to the inspector written notice that it is to apply; and any such notice—
- (a) shall be given not later than six years after the end of the year of assessment to which it relates,
- (b) shall be in such form as the Board may determine, and
- (c) shall be irrevocable.
##### 257C
- (1) If the retail prices index for the month of September preceding a year of assessment is higher than it was for the previous September, then, unless Parliament otherwise determines, sections 256B, 257. . . , 257A and 257AB shall apply for that year as if for each amount specified in them as they applied for the previous year (whether by virtue of this section or otherwise) there were substituted an amount arrived at by increasing the amount for the previous year by the same percentage as the percentage increase in the retail prices index, and—
- (a) if in the case of an amount specified in sections 257(5) , 257A(5) and 257AB(4) the result is not a multiple of £100, rounding it up to the nearest amount which is such a multiple;
- (b) if in the case of any other amount the increase is not a multiple of £10, rounding the increase up to the nearest amount which is such a multiple.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) Subsection (1) above shall not require any change to be made in the amounts deductible or repayable under PAYE regulations during the period beginning with 6th April and ending with 17th May in the year of assessment.
- (3) The Treasury shall in each year of assessment make an order specifying the amounts which by virtue of subsection (1) above will be treated as specified for the following year of assessment in sections 256B, 257. . . , 257A and 257AB.
- (4) *This section shall have effect in relation to reliefs for the year* 1990-91 (*as well as for later years*);*and for that purpose it shall be assumed that sections* 257*and* 257A*applied for the year* 1989-90*as they apply, apart from this section, for the year* 1990-91.
##### 257D
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##### 257E
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##### 257F
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##### 261A
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##### 266A
- (1) This section applies if—
- (a) pursuant to an employer-financed retirement benefits scheme, the employer in any year of assessment pays a sum with a view to the provision of any relevant benefits for or in respect of any employee of that employer, and
- (b) the payment is made under such an insurance or contract as is mentioned in section 266.
This section applies whether or not the accrual of the relevant benefits is dependent on any contingency.
- (2) Relief, if not otherwise allowable, shall be given to that employee under section 266 in respect of the payment to the extent, if any, to which such relief would have been allowable to him if—
- (a) the payment had been made by him, and
- (b) the insurance or contract under which the payment is made had been made with him.
- (3) For the purposes of subsection (1)(a) benefits are provided in respect of an employee if they are provided for the employee’s spouse, widow or widower, children, dependants or personal representatives.
- (4) If a sum within subsection (1) is paid with a view to the provision of benefits for or in respect of more than one employee of the employer, part of it is to be treated as paid for or in respect of each of them.
- (5) The amount treated as paid for or in respect of each employee is—
$$A×BC$where—A is the sum paid,B is the amount which would have had to be paid to secure the benefits to be provided for or in respect of the employee in question, andC is the total amount which would have had to be paid to secure the benefits to be provided for or in respect of all the employees if separate payments had been made in the case of each of them.$
- (6) This section does not apply if—
- (a) in the year of assessment in which the sum is paid the earnings from the employee’s employment are (or, if there are none, would be if there were any) earnings charged on remittance, or
- (b) the employee is not domiciled in the United Kingdom in the tax year in which the sum is paid and the conditions in subsection (7) are met.
- (7) Those conditions are—
- (a) that the employment is with a foreign employer, and
- (b) that, on a claim made by the employee, the Board are satisfied that the pension scheme corresponds to a registered pension scheme.
- (8) In subsection (6)(a) “*earnings charged on remittance*” means earnings which are taxable earnings under—
- (a) section 22 of ITEPA 2003 (chargeable overseas earnings for year when employee resident and ordinarily resident, but not domiciled, in UK), or
- (b) section 26 of that Act (foreign earnings for year when employee resident, but not ordinarily resident, in UK).
- (9) In this section—
- “*employer-financed retirement benefits scheme*”, and
- “*relevant benefits*”,
- have the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act).
#### Supplementary provisions.
##### 282A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 282B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further interpretation of sections 135 to 139.
##### 289A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 289B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 290A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Credit-tokens.
##### 291A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 291B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 299A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 299B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 300A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 301A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 303AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditional acquisition of shares.
##### 303A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### UK property business losses
##### 304A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 305A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Losses of ring fence trade: set off against profits of an earlier accounting period
#### Terminal losses.
##### 326A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326BB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 327A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for contributions in respect of share option gains.
##### 329AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 331A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 332A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 333A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 333B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 338B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 337A
- (1) For the purposes of corporation tax, subject to any provision of the Corporation Tax Acts expressly authorising a deduction—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) a company’s income from any source shall be computed without any deduction in respect of charges on income.
- (2) In computing a company’s income from any source for the purposes of corporation tax—
- (a) no deduction shall be made in respect of interest except in accordance with Part 5 of CTA 2009 (loan relationships); . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 338A
- (1) This section defines what payments or other amounts are “*charges on income*” for the purposes of corporation tax.
This section has effect subject to any express exceptions in the Corporation Tax Acts.
- (2) Subject to the following provisions of this section, the following (and only the following) are charges on income—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) qualifying donations within the meaning of section 339 (qualifying donations to charity);
- (c) amounts allowed as charges on income under section 587B(2)(a)(ii) (gifts of shares etc to charity).
- (3) No payment that is deductible in computing profits or any description of profits for the purposes of corporation tax shall be treated as a charge on income.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 339A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 342A
- (1) In this section—
- (a) references to the relevant event, in relation to a company in administration, are references—
- (i) to the administrator sending a notice in respect of the company under paragraph 84(1) of Schedule B1 to the Insolvency Act 1986 (company moving from administration to dissolution), or
- (ii) in the case of a company which enters administration otherwise than under that Act, to the doing of any other act for a like purpose, and
- (b) references to a company’s final year are references to the financial year in which the relevant event occurs, and references to the company’s penultimate year are references to the last financial year preceding its final year.
- (2) Subject to subsections (3) and (4)—
- (a) corporation tax shall be charged on the profits of the company arising in the administration in its final year at the rate of corporation tax fixed or proposed for the penultimate year, but
- (b) where the corporation tax charged on the company’s income included in those profits falls to be calculated or reduced in accordance with section 13, it shall be so calculated or reduced in accordance with such rate or fraction fixed or proposed for the penultimate year as is applicable under that section.
- (3) If, before the relevant event, any of the rates or fractions mentioned in subsection (2) has been fixed or proposed for the final year, that subsection shall have effect in relation to that rate or fraction as if for the references to the penultimate year there were substituted references to the final year.
- (4) If, in the case of the company’s final accounting period, the income (if any) which consists of interest received or receivable by the company under section 826 does not exceed £2,000, that income shall not be subject to corporation tax.
- (5) In subsection (4) “*the company’s final accounting period*” means the last accounting period of the company before the relevant event.
- (6) An assessment on the company’s profits for an accounting period in which the company is in administration shall not be invalid because made before the end of the accounting period.
- (7) In making an assessment after the company enters administration and before the date of the relevant event, the administrator may act on an assumption as to when that date will fall so far as it governs section 10(1) of CTA 2009.
- (8) The assumption of the wrong date shall not alter the company’s final and penultimate year and, if the right date is later—
- (a) an accounting period shall end on the date assumed and a new accounting period shall begin, and
- (b) thereafter, section 10(1) of CTA 2009 shall apply as if the company had entered administration at the beginning of that new accounting period.
- (9) Section 342(7) applies in relation to this section as it applies in relation to that section, except that the reference to the completion of the winding up is to be read as a reference to the relevant event.
- (10) Where the company entered administration before its final year, paragraphs (a) and (b) of subsection (2) (but not subsection (3)) apply in relation to the company’s profits arising at any time in its penultimate year.
#### Transfers of trade to obtain balancing allowances
#### Close companies.
##### 343ZA
- (1) This section applies where—
- (a) a company (“the predecessor”) ceases to carry on a trade,
- (b) another company (“*the successor*”) begins to carry on the activities of that trade as its trade or as part of its trade,
- (c) in the accounting period in which the predecessor ceases to carry on the trade the predecessor would (apart from this section) be entitled under Part 2 of the Capital Allowances Act to a balancing allowance in respect of the trade, and
- (d) the predecessor's ceasing to carry on the trade is part of a scheme or arrangement the main purpose, or one of the main purposes, of which is to entitle the predecessor to that balancing allowance.
- (2) This section also applies where—
- (a) a company (“the predecessor”) ceases to carry on part of a trade,
- (b) another company (“*the successor*”) begins to carry on the activities of that part of the trade as its trade or as part of its trade, and
- (c) the predecessor's ceasing to carry on the part of the trade mentioned in paragraph (a) is part of a scheme or arrangement the main purpose, or one of the main purposes, of which is to entitle the predecessor, on cessation of the trade, to a balancing allowance in respect of the trade under Part 2 of the Capital Allowances Act.
- (3) This section does not apply where section 343 applies.
- (4) Where this section applies, the Corporation Tax Acts have effect subject to section 343(2), but as if the words “and are subject to section 343A (company reconstructions involving business of leasing plant or machinery)” were omitted.
- (5) Where this section applies because of subsection (1), and the successor carries on the activities of the trade the predecessor ceased to carry on as part of the successor's trade, for the purposes of section 343(2) that part of the successor's trade is to be treated as a separate trade carried on by the successor.
- (6) Where this section applies because of subsection (2), for the purposes of section 343(2)—
- (a) that part of the trade which the predecessor ceased to carry on is to be treated as a separate trade carried on by the predecessor, and
- (b) where the successor carries on the activities of that part of the trade as part of its trade, that part of the successor's trade is to be treated as a separate trade carried on by the successor.
- (7) Where subsection (5) or (6) applies, such apportionment of receipts, expenses, assets and liabilities is to be made as may be just.
- (8) Section 343(10) applies to an apportionment under subsection (7) as it applies to an apportionment under section 343(9).
##### 343A
- (1) This section applies if the trade is or forms part of a business of leasing plant or machinery which the predecessor or the successor carries on on the day of cessation.
- (2) If, on the day of cessation, both the predecessor and the successor carry on the trade otherwise than in partnership, section 343(2) does not apply unless—
- (a) the principal company or companies of the predecessor immediately before the cessation are the same as the principal company or companies of the successor immediately afterwards, and
- (b) if any such principal company is a consortium principal company, the relevant fraction in relation to the predecessor immediately before the cessation is the same as the relevant fraction in relation to the successor immediately afterwards (irrespective of whether the members of each consortium are the same).
- (3) If, on the day of cessation, the predecessor or the successor carries on the trade in partnership, section 343(2) does not apply unless—
- (a) the predecessor ceases to carry on the whole of its trade, and
- (b) that trade is a business of leasing plant or machinery which the predecessor carries on in partnership on the day of cessation.
- (4) In any case where section 343(2) does not apply as a result of this section, the plant or machinery belonging to the trade shall be treated for the purposes of the Corporation Tax Acts as sold by the predecessor to the successor on the day of the cessation for an amount equal to its market value as at that day.
- (5) In this section—
- “*control*” shall be construed in accordance with section 416, and
- “*relative*” has the meaning given by section 839(8).
- (6) Section 839 shall apply for the purposes of this section.
#### Rates of tax applicable to distribution income etc.
##### 21A
- (1) Except as otherwise expressly provided, the profits of a Schedule A business are computed in the same way as the profits of a trade are computed for the purposes of Case I of Schedule D.
- (2) The following provisions apply in accordance with subsection (1)—
- section 72 (apportionment);
- the provisions of Chapter V of Part IV (computational provisions relating to the Schedule D charge), except as mentioned in subsection (4) below;
- section 577 (business entertainment expenses);
- section 577A (expenditure involving crime);
- sections 579 and 580 (redundancy payments);
- section 588 (training courses for employees);
- section 589A (counselling services for employees);
- section 73(2) of the Finance Act 1988 (consideration for restrictive undertakings);
- section 43 of the Finance Act 1989 (Schedule D: computation);
- “business of leasing plant or machinery”—has the same meaning as in Part 2 of Schedule 10 to the Finance Act 2006 (sale etc of lessor companies etc) (if the business is carried on otherwise than in partnership), andhas the same meaning as in Part 3 of that Schedule (if the business is carried on in partnership),
- “*consortium principal company*” means a company which is a principal company as a result of paragraph 12 of that Schedule,
- “*market value*”, in relation to plant or machinery, is to be construed in accordance with paragraph 41(8) of that Schedule,
- “*plant or machinery*” has the same meaning as in Part 2 of the Capital Allowances Act,
- “*principal company*” is to be construed in accordance with paragraph 11 or (as the case may be) 12 of Schedule 10 to the Finance Act 2006, and
- “*relevant fraction*” has the same meaning as in paragraph 12 of that Schedule.
#### Relevant loan interest.
#### Meaning of “participator”, “associate”, “director” and “loan creditor”.
#### Loans to participators etc.
##### 347A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 347B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No tax credit for borrower under stock lending arrangement or interim holder under repurchase agreement.
##### 349ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Election that assets not be foreign business assets
##### 349B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 350A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Company carrying on life assurance business
##### 357A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 357B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 357C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 360A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Apportionment of income and gains.
#### Returns.
##### 367A
- (1) Sections 353 and 365 have effect as if—
- (a) purchase and resale arrangements involved the making of a loan, and
- (b) alternative finance return were interest.
- (2) Section 366 has effect accordingly.
- (3) In this section—
- “*alternative finance return*” has the meaning given in sections 564I to 564L of ITA 2007, and
- “*purchase and resale arrangements*” means arrangements to which section 564C of ITA 2007 applies.
#### Interpretation of Part VI.
##### 374A
- (1) This section applies where, in the case of any loan, interest on the loan never has been relevant loan interest or the borrower never has been a qualifying borrower.
- (2) Without prejudice to subsection (3) below, in relation to a payment of interest—
- (a) as respects which either of the conditions mentioned in paragraphs (a) and (b) of section 374(1) is fulfilled, and
- (b) from which a deduction was made as mentioned in section 369(1),
section 369 shall have effect as if the payment of interest were a payment of relevant loan interest made by a qualifying borrower.
- (3) Nothing in subsection (2) above shall be taken as regards the borrower as entitling him to make any deduction or to retain any amount deducted and, accordingly, where any amount has been deducted, he shall be liable to make good that amount and an officer of the Board may make such assessments as may in his judgment be required for recovering that amount.
- (4) The Management Act shall apply to an assessment under subsection (3) above as if it were an assessment to income tax for the year of assessment in which the deduction was made . . . .
- (5) If the borrower fraudulently or negligently makes any false statement or representation in connection with the making of any deduction, he shall be liable to a penalty not exceeding the amount deducted.
##### 375A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 376A
- (1) The Board shall maintain, and publish in such manner as they consider appropriate, a register for the purposes of section 376(4).
- (1A) The following are entitled to be registered—
- (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000—
- (i) to accept deposits; or
- (ii) to effect or carry out contracts of general insurance;
- (b) a 90 per cent subsidiary of a person mentioned in—
- (i) section 376(4)(e); or
- (ii) paragraph (a) above;
- (c) any other body whose activities and objects appear to the Board to qualify it for registration.
- (2) If the Board are satisfied that an applicant for registration is entitled to be registered, they may register the applicant generally or in relation to any description of loan specified in the register, with effect from such date as may be so specified; and a body which is so registered shall become a qualifying lender in accordance with the terms of its registration.
- (3) The registration of any body may be varied by the Board—
- (a) where it is general, by providing for it to be in relation to a specified description of loan, or
- (b) where it is in relation to a specified description of loan, by removing or varying the reference to that description of loan,
and where they do so, they shall give the body written notice of the variation and of the date from which it is to have effect.
- (4) If it appears to the Board at any time that a body which is registered under this section would not be entitled to be registered if it applied for registration at that time, the Board may by written notice given to the body cancel its registration with effect from such date as may be specified in the notice.
- (5) The date specified in a notice under subsection (3) or (4) above shall not be earlier than the end of the period of 30 days beginning with the date on which the notice is served.
- (6) Any body which is aggrieved by the failure of the Board to register it under this section, or by the variation or cancellation of its registration, may appeal, by notice given to the Board before the end of the period of 30 days beginning with the date on which the body is notified of the Board’s decision. . . .
### Losses from UK property business or overseas property business
##### 379A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 379B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions in deposits with and without certificates or in debts.
##### 384A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Losses from UK property business or overseas property business
##### 392A
- (1) Where a company incurs a UK property business loss in an accounting period, the loss shall be set off for the purposes of corporation tax against the company’s total profits for that period.
- (2) To the extent that a company’s UK property business loss cannot be set off under subsection (1), it shall, if the company continues to carry on the UK property business in the succeeding accounting period, be carried forward to that period and be treated for the purposes of this section as a UK property business loss of that period.
- (3) Where a company with investment business—
- (a) ceases to carry on a UK property business, or to be within the charge to corporation tax in respect of such a business, but
- (b) continues to be a company with investment business,
any UK property business loss that cannot be used under the preceding provisions shall be carried forward to the succeeding accounting period and be treated for the purposes of Chapter 2 of Part 16 of CTA 2009 as if it were expenses of management deductible for that period.
- (4) In this section—
- (a) a “*UK property business loss*” means a loss incurred by a company in a UK property business carried on by it; and
- (b) “*company with investment business*” has the meaning given by section 1218 of CTA 2009.
- (5) The preceding provisions of this section apply to a UK property business only to the extent that it is carried on—
- (a) on a commercial basis, or
- (b) in the exercise of statutory functions.
- (6) For the purposes of subsection (5)(a)—
- (a) a business or part is not carried on on a commercial basis unless it is carried on with a view to making a profit, but if it is carried on so as to afford a reasonable expectation of profit it is treated as carried on with a view to making a profit; and
- (b) if there is a change in the manner in which a business or part is carried on, it is treated as having been carried on throughout an accounting period in the way in which it was being carried on by the end of the period.
- (7) In subsection (5)(b) “*statutory functions*” means functions conferred by or under any enactment (including an enactment contained in a local or private Act).
##### 392B
- (1) Where in any accounting period a company incurs a loss in an overseas property business (whether carried on by it solely or in partnership)—
- (a) the loss shall be carried forward to the succeeding accounting period and set against any profits of the business for that period,
- (b) if there are no profits of the business for that period, or if the profits for that period are exceeded by the amount of the loss, the loss or the remainder of it shall be carried forward again and set against any profits of the business for the next succeeding accounting period,
and so on.
- (2) Subsections (5) to (7) of section 392A apply in relation to relief under subsection (1) above and an overseas property business as they apply in relation to relief under section 392A(1) to (3) and a UK property business.
##### 393A
- (1) Subject to section 492(3), where in any accounting period ending on or after 1st April 1991 a company carrying on a trade incurs a loss in the trade, then, subject to subsection (3) below, the company may make a claim requiring that the loss be set off for the purposes of corporation tax against profits (of whatever description)—
- (a) of that accounting period, and
- (b) if the company was then carrying on the trade and the claim so requires, of preceding accounting periods falling wholly or partly within the period specified in subsection (2) below;
and, subject to that subsection and to any relief for an earlier loss, the profits of any of those accounting periods shall then be treated as reduced by the amount of the loss, or by so much of that amount as cannot be relieved under this subsection against profits of a later accounting period.
- (2) The period referred to in paragraph (b) of subsection (1) is (subject to subsection (2A) below) the period of twelve months immediately preceding the accounting period in which the loss is incurred; but the amount of the reduction that may be made under that subsection in the profits of an accounting period falling partly before the beginning of that period shall not exceed a part of those profits proportionate to the part of the accounting period falling within that period.
- (2A) This section shall have effect in relation to any loss to which this subsection applies as if, in subsection (2) above, the words “three years” were substituted for the words “twelve months”.
- (2B) Where a company ceases to carry on a trade at any time, subsection (2A) above applies to the following—
- (a) the whole of any loss incurred in that trade by that company in an accounting period beginning twelve months or less before that time; and
- (b) the part of any loss incurred in that trade by that company in an accounting period ending, but not beginning, in that twelve months which is proportionate to the part of that accounting period falling within those twelve months.
- (2C) Where—
- (a) a loss is incurred by a company in a ring fence trade carried on by that company, and
- (b) the accounting period in which the loss is incurred is an accounting period for which an allowance under section 164 of the Capital Allowances Act (general decommissioning expenditure incurred before cessation of ring fence trade) is made to that company,
subsection (2A) above applies to so much of the amount of that loss not falling within subsection (2B) above as does not exceed the amount of that allowance.
- (2D) Section 393B makes further provision about setting off losses in cases where subsection (2C) applies.
- (3) Subsection (1) above shall not apply to trades carried on wholly outside the United Kingdom; and a loss incurred in a trade in any accounting period shall not be relieved under that subsection unless—
- (a) the trade is one carried on in the exercise of functions conferred by or under any enactment (including an enactment contained in a local or private Act), or
- (b) for that accounting period the trade was being carried on on a commercial basis and with a view to the realisation of gain in the trade or in any larger undertaking of which the trade formed part;
but this subsection is without prejudice to section 397.
- (4) For the purposes of subsection (3) above—
- (a) where at any time a trade is carried on so as to afford a reasonable expectation of gain, it shall be treated as being carried on at that time with a view to the realisation of gain; and
- (b) where in an accounting period there is a change in the manner in which a trade is being carried on, it shall be treated as having throughout the accounting period been carried on in the way in which it was being carried on by the end of that period.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Subject to subsection (7A) below, where a company ceases to carry on a trade, subsection (9) of section 393 shall apply in computing for the purposes of this section a loss in the trade in an accounting period ending with the cessation, or ending at any time in the twelve months immediately preceding the cessation, as it applies in computing a loss in an accounting period for the purposes of subsection (1) of that section.
- (7A) For the purposes of this section where—
- (a) subsection (7) above has effect for computing the loss for any accounting period, and
- (b) that accounting period is one beginning before the beginning of the twelve months mentioned in that subsection,
the part of that loss that is not the part falling within subsection (2B)(b) above shall be treated as reduced (without any corresponding increase in the part of the loss that does fall within subsection (2B)(b) above) by an amount equal to so much of the aggregate of the charges on income treated as expenses by virtue of subsection (7) above as is proportionate to the part of the accounting period that does not fall within those twelve months.
- (8) Relief shall not be given by virtue of subsection (1)(b) above in respect of a loss incurred in a trade so as to interfere with any relief under section 338 in respect of payments made wholly and exclusively for the purposes of that trade.
- (9) For the purposes of this section—
- (a) the amount of a loss incurred in a trade in an accounting period shall be computed in the same way as trading income from the trade in that period would have been computed;
- (b) “*trading income*” means, in relation to any trade, the income which falls or would fall to be included in respect of the trade in the total profits of the company; and
- (c) references to a company carrying on a trade refer to the company carrying it on so as to be within the charge to corporation tax in respect of it.
- (10) A claim under subsection (1) above may only be made within the period of two years immediately following the accounting period in which the loss is incurred or within such further period as the Board may allow.
- (11) Subsection (11A) applies in any case where—
- (a) by virtue of section 165 of the Capital Allowances Act (general decommissioning expenditureafter ceasing ring fence trade) the qualifying expenditure of the company for the chargeable period related to the cessation of its ring fence trade is treated as increased by any amount, or
- (b) by virtue of section 416 of that Act (expenditure on restoration within 3 years of ceasing to trade) any expenditure is treated as qualifying expenditure incurred by the company on the last day of trading.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11A) In relation to any claim under subsection (1)—
- (a) to the extent that the claim relates to an increase falling within subsection (11)(a), this section shall have effect as if—
- (i) in subsection (10), “the relevant period” were substituted for “ the period of two years ”, and
- (ii) after subsection (10) there were inserted—
> (10ZA) In subsection (10) “*relevant period*” means the period calculated by adding two years to the post-cessation period (within the meaning of section 165 of the Capital Allowances Act).
;
- (b) to the extent that the claim relates to expenditure falling within subsection (11)(b), subsection (10) shall have effect with the substitution of “ five years ” for “two years”.
- (12) In this section “*ring fence trade*” has the same meaning as in section 162 of the Capital Allowances Act.
##### 393B
- (1) This section applies if these conditions are met—
- (a) a company makes a claim under section 393A(1) requiring that a loss incurred in a ring fence trade be set off against profits;
- (b) section 393A(2A) applies in relation to that claim (three year set off period) by virtue of—
- (i) section 393A(2B) (loss precedes cessation of trade), or
- (ii) section 393A(2C) (loss arises in year when general decommissioning expenditure incurred); and
- (c) the loss incurred in the ring fence trade that may be set off under section 393A (“L”) exceeds the profits against which L may be set off under section 393A (“P”).
- (2) The profits of the ring fence trade of an accounting period are to be relieved under subsection (3) if that period—
- (a) falls wholly or partly before the three year set off period, and
- (b) ends on or after 17 April 2002.
- (3) Subject to any relief for an earlier loss, those profits of that accounting period shall be treated as reduced by—
- (a) the amount by which L exceeds P, or
- (b) so much of that amount as cannot be relieved under this subsection against profits of the ring fence trade of a later accounting period.
- (4) Subsection (3) is subject to subsection (5) in the case of an accounting period that falls partly (but not wholly) before the three year set off period.
- (5) The amount of the reduction of the profits of the ring fence trade that may be made under subsection (3) shall not exceed a part of those profits proportionate to the part of the accounting period that falls before the three year set off period.
- (6) Subsection (3) is subject to subsection (7) in the case of an accounting period that begins before 17 April 2002 and ends on or after that date.
- (7) The amount of the reduction of the profits of the ring fence trade that may be made under subsection (3) shall not exceed a part of those profits proportionate to the part of the accounting period that falls after 16 April 2002.
- (8) In this section—
- “*ring fence*” has the same meaning as in section 162 of the Capital Allowances Act;
- “*three year set off period*” means the period of three years that applies to the claim under section 393A(1) by virtue of section 393A(2A) and section 393A(2B) or (2C).
#### Dealings in commodity futures etc: withdrawal of loss relief.
##### 403ZA
- (1) For the purposes of section 403 a trading loss means a loss incurred by the surrendering company in the surrender period in carrying on a trade, computed as for the purposes of section 393A(1).
- (2) That section does not apply to a trading loss which would be excluded from section 393A(1) by—
- (a) section 393A(3) (foreign trades and certain trades not carried on with a view to gain), or
- (b) section 397 (farming and market gardening: restriction on loss relief).
- (3) Where a company owned by a consortium—
- (a) has in any relevant accounting period incurred a trading loss, and
- (b) has profits (of whatever description) of that accounting period against which that loss could be set off under section 393A(1),
the amount of the loss available to a member of the consortium on a consortium claim shall be determined on the assumption that the company has made a claim under section 393A(1) requiring the loss to be so set off.
- (4) Where the company mentioned in subsection (3) is a group/consortium company, the amount of the loss available under that subsection shall be determined before any reduction is made under section 405(1) to (3).
##### 403ZB
- (1) For the purposes of section 403 excess capital allowances means capital allowances falling to be made to the surrendering company for the surrender period to the extent that they are to be given effect under section 260 of the Capital Allowances Act (special leasing: excess allowance).
- (2) In determining the amount of the allowances falling to be made for the surrender period, no account shall be taken of any allowances carried forward from an earlier period.
- (3) The amount of the company’s income of the relevant class means its amount before deduction of—
- (a) losses of any other period, or
- (b) capital allowances.
##### 403ZC
- (1) For the purposes of section 403 a non-trading deficit on its loan relationships means a deficit of the surrendering company to which Chapter 16 of Part 5 of CTA 2009 (non-trading deficits) applies.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 403ZD
- (1) References in section 403 to charges on income, UK property business losses and management expenses shall be construed as follows.
- (2) Charges on income means the aggregate of the amounts paid by the surrendering company in the surrender period by way of charges on income.
- (3) A UK property business loss means a loss incurred by the surrendering company in the surrender period in a UK property business carried on by the company.
It does not include—
- (a) an amount treated as such a loss by section 392A(2) (losses carried forward from earlier period), or
- (b) a loss which would be excluded from section 392A by subsection (5) of that section (certain businesses not carried on with a view to gain).
- (4) Management expenses means the aggregate of the amounts deductible under section 1219 of CTA 2009 (expenses of management of a company's investment business) by the surrendering company for this period.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) A non-trading loss on intangible fixed assets means a non-trading loss on intangible fixed assets, within the meaning of Part 8 of CTA 2009 (intangible fixed assets), for the surrender period.
It does not include so much of any such loss as is attributable to an amount being carried forward under section 753(3) of that Act (amounts carried forward from earlier periods).
##### 403ZE
- (1) For the purposes of section 403 the surrendering company’s gross profits of the surrender period means its profits for that period—
- (a) without any deduction in respect of such losses, allowances and other amounts as are mentioned in paragraph (a) or (b) of subsection (1) of that section, and
- (b) without any deduction falling to be made—
- (i) in respect of losses, allowances or other amounts of any other period (whether or not of a description within subsection (1) of that section), or
- (ii) by virtue of section 392A(3) above or section 1223(3) of CTA 2009 (other amounts carried forward).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 403A
- (1) The amount which, on a claim for group relief, may be set off against the total profits of the claimant company for an accounting period (“*the claim period*”), and accordingly the amount to which any consent required in respect of that claim may relate, shall not exceed whichever is the smaller of the following amounts—
- (a) the unused part of the surrenderable amount for the overlapping period; and
- (b) the unrelieved part of the claimant company’s total profits for the overlapping period.
- (2) For the purposes of any claim for group relief—
- (a) the unused part of the surrenderable amount for the overlapping period is the surrenderable amount for that period reduced by the amount of any prior surrenders attributable to the overlapping period; and
- (b) the unrelieved part of the claimant company’s total profits for the overlapping period is the amount of its total profits for that period reduced by the amount of any previously claimed group relief attributable to the overlapping period.
- (3) For the purposes of any claim for group relief—
- (a) the surrenderable amount for the overlapping period is so much of the surrenderable amount for the accounting period of the surrendering company to which the claim relates as is attributable, on an apportionment in accordance with section 403B, to the overlapping period;
- (b) the surrenderable amount for an accounting period of the surrendering company is the total amount for that accounting period of the losses and other amounts which (disregarding this section and section 403C) are available in that company’s case for set off by way of group relief; and
- (c) the amount of the claimant company’s total profits for the overlapping period is so much of its total profits for the claim period as is attributable, on an apportionment in accordance with section 403B, to the overlapping period.
- (4) In relation to any claim for group relief (“*the relevant claim*”) the amount of the prior surrenders attributable to the period which is the overlapping period in the case of the relevant claim is equal to the aggregate amount (if any) produced by—
- (a) taking the amount of every claim for group relief (whether a group claim or a consortium claim) which—
- (i) has been made before the relevant claim,
- (ii) was made in respect of the whole or any part of the amount which, in relation to the relevant claim, is the surrenderable amount for the accounting period of the surrendering company to which the claim relates, and
- (iii) has not been withdrawn;
- (b) treating the amount of group relief which (having regard to the provisions of this section) is allowable under each such claim as an amount of relief for the period which is the overlapping period in the case of that claim;
- (c) determining how much of each amount treated in accordance with paragraph (b) above as an amount of relief for a particular period is attributable, on an apportionment in accordance with section 403B, to the period (if any) which is common to both—
- (i) that period; and
- (ii) the period which is the overlapping period in the case of the relevant claim;
and
- (d) aggregating all the amounts determined under paragraph (c) above in respect of the previously made claims.
- (5) In relation to any claim for group relief (“*the relevant claim*”), the amount of previously claimed group relief attributable to the period which is the overlapping period in the case of that claim is the aggregate amount produced by—
- (a) taking the amount of every claim for group relief (whether a group claim or a consortium claim) which—
- (i) has been made before the relevant claim,
- (ii) was a claim to set off an amount by way of group relief against the claimant company’s total profits for the period which, in relation to the relevant claim, is the claim period, and
- (iii) has not been withdrawn;
- (b) treating the amount of group relief which (having regard to the provisions of this section) is allowable under each such claim as an amount of relief for the period which is the overlapping period in the case of that claim;
- (c) determining how much of each amount treated in accordance with paragraph (b) above as an amount of relief for a particular period is attributable, on an apportionment in accordance with section 403B, to the period (if any) which is common to both—
- (i) that period; and
- (ii) the period which is the overlapping period in the case of the relevant claim;
and
- (d) aggregating all the amounts determined under paragraph (c) above in respect of the previously made claims.
- (6) For the purposes of this section the amount of group relief allowable on any claim (“*the finalised claim*”) shall fall to be determined as at the time when that claim ceases to be capable of being withdrawn as if—
- (a) every claim that became incapable of being withdrawn before that time were a claim made before the finalised claim; and
- (b) every claim that remains capable of being withdrawn at that time were a claim made after the finalised claim.
- (7) Subject to subsection (6) above and without prejudice to any power to withdraw and resubmit claims, where (but for this subsection) more than one claim for group relief would be taken for the purposes of subsections (4) and (5) above to have been made at the same time, those claims shall be deemed, instead, to have been made—
- (a) in such order as the company or companies making them may, by notice to any officer of the Board, elect or, as the case may be, jointly elect; and
- (b) if there is no such election, in such order as an officer of the Board may direct.
- (8) In this section “*the overlapping period*”, in relation to a claim for group relief, means (subject to subsection (9) below and section 406(3) and (7)) the period which is common to both—
- (a) the claim period; and
- (b) the accounting period of the surrendering company to which the claim relates.
- (9) For the purposes of this section any time in the period which, in relation to any claim for group relief, is common to both the accounting periods mentioned in subsection (8) above but which is a time when the qualifying conditions were not satisfied—
- (a) shall be treated as not comprised in the period which is the overlapping period in the case of that claim; and
- (b) shall be treated instead, in relation to each of those accounting periods, as if it constituted a part of that accounting period which was not common to both periods.
- (10) For the purposes of subsection (9) above the qualifying conditions are satisfied in relation to any claim for group relief at the following times, that is to say—
- (a) if (or so far as) the claim is a group claim for the surrender of any loss or other amount other than a qualifying overseas loss, whenever the conditions in paragraphs (a) to (c) of section 402(2) are satisfied;
- (ab) if (or so far as) the claim is a group claim for the surrender of a qualifying overseas loss, whenever the condition specified in section 402(2A) is satisfied; and
- (b) if the claim is a consortium claim, whenever the conditions specified in section 402(3) for the making of that claim and the condition specified in section 402(3B) are satisfied in the case of the claimant company and the surrendering company.
- (11) For the purposes of subsection (10) above a “*qualifying overseas loss*” means a loss or other amount that is available for surrender by way of group relief in accordance with sections 403F and 403G and Schedule 18A (relief in respect of overseas losses of non-resident companies).
##### 403B
- (1) Subject to subsection (2) below, where an apportionment falls to be made under section 403A for the purpose of determining how much of an amount for any period (“*the first period*”) is attributable to any other period (“*the second period*”) which comprises the whole or a part of the first period—
- (a) the whole of that amount shall be attributed to the second period if the first and second periods begin and end at the same times; and
- (b) in any other case, the apportionment shall be made on a time basis according to how much of the first period coincides with the second period.
- (2) Where the circumstances of a particular case are such that the making on the time basis mentioned in subsection (1)(b) above of some or all of the apportionments to be made in that case would work in a manner that would be unjust or unreasonable in relation to any person, those apportionments shall be made instead (to the extent only that is necessary in order to avoid injustice and unreasonableness) in such other manner as may be just and reasonable.
##### 403C
- (1) In the case of a consortium claim the amount that may be set off against the total profits of the claimant company is limited by this section.
- (2) Where the claimant company is a member of the consortium, the amount that may be set off against the total profits of that company for the overlapping period is limited to the relevant fraction of the surrenderable amount.
That fraction is whichever is the lowest in that period of the following percentages—
- (a) the percentage of the ordinary share capital of the surrendering company that is beneficially owned by the claimant company;
- (b) the percentage to which the claimant company is beneficially entitled of any profits available for distribution to equity holders of the surrendering company; and
- (c) the percentage to which the claimant company would be beneficially entitled of any assets of the surrendering company available for distribution to its equity holders on a winding-up.
If any of those percentages have fluctuated in that period, the average percentage over the period shall be taken.
- (3) Where the surrendering company is a member of the consortium, the amount that may be set off against the total profits of the claimant company for the overlapping period is limited to the relevant fraction of the claimant company’s total profits for the overlapping period.
That fraction is whichever is the lowest in that period of the following percentages—
- (a) the percentage of the ordinary share capital of the claimant company that is beneficially owned by the surrendering company;
- (b) the percentage to which the surrendering company is beneficially entitled of any profits available for distribution to equity holders of the claimant company; and
- (c) the percentage to which the surrendering company would be beneficially entitled of any assets of the claimant company available for distribution to its equity holders on a winding-up.
If any of those percentages have fluctuated in that period, the average percentage over the period shall be taken.
- (4) In any case where the claimant or surrendering company is a subsidiary of a holding company which is owned by a consortium, for the references in subsection (2) or (3) above to the claimant or surrendering company there shall be substituted references to the holding company.
- (5) Expressions used in this section and in section 403A have the same meanings in this section as in that section.
- (6) Schedule 18 has effect for supplementing this section.
##### 403D
- (1) In determining for the purposes of this Chapter the amounts for any accounting period of the losses and other amounts available for surrender by way of group relief by a non-resident company carrying on a trade in the United Kingdom through a permanent establishment, no loss or other amount shall be treated as so available (but see also subsection (11) below) except in so far as—
- (a) it is attributable to activities of that company the income and gains from which for that period are, or (were there any) would be, brought into account in computing the company’s chargeable profits for that period for corporation tax purposes;
- (b) it is not attributable to activities of the company which are made exempt from corporation tax for that period by any double taxation arrangements; and
- (c) no part of—
- (i) the loss or other amount, or
- (ii) any amount brought into account in computing it,
corresponds to, or is represented in, any amount which, for the purposes of any foreign tax, is (in any period) deductible from or otherwise allowable against non-UK profits of the company or any other person.
- (2) In determining for the purposes of sections 403A and 403C the total profits for an accounting period of a non-resident company, there shall be disregarded—
- (a) amounts not falling to be comprised for corporation tax purposes in the chargeable profits of the company for that accounting period, and
- (b) so far as not falling within paragraph (a) above, any amounts arising from activities which are made exempt from corporation tax for that period by any double taxation arrangements.
- (3) In this section “*non-UK profits*”, in relation to any person, means amounts which—
- (a) are taken for the purposes of any foreign tax to be the amount of the profits, income or gains on which (after allowing for deductions) that person is charged with that tax, and
- (b) are not amounts corresponding to, and are not represented in, the total profits (of that or any other person) for any accounting period,
or amounts taken into account in computing such amounts.
- (4) Subsection (2) above applies for the purposes of subsection (3)(b) above as it applies for the purposes of sections 403A and 403C.
- (5) For the purposes of this section an amount shall not be taken to be an amount which for the purposes of any foreign tax is deductible from or otherwise allowable against any non-UK profits of any person by reason only that it is—
- (a) an amount of profits brought into account for the purpose of being excluded from the profits that are non-UK profits of that person by reference to that foreign tax; or
- (b) an amount brought into account in computing the amount of any profits falling to be so excluded.
- (6) So much of the law of any territory outside the United Kingdom as for the purposes of any foreign tax makes the deductibility of any amount dependent on whether or not it is deductible for tax purposes in the United Kingdom shall be disregarded for the purposes of this section.
- (7) For the purposes of this section activities of a company are made exempt from corporation tax for any period by double taxation arrangements if the effect of any such arrangements is that the income and gains (if any) arising for that period from those activities is to be disregarded in computing the company’s chargeable profits.
- (8) In this section “*double taxation arrangements*” means any arrangements having effect by virtue of section 788.
- (9) In this section “*foreign tax*” means any tax chargeable under the law of any territory outside the United Kingdom which—
- (a) is charged on income and corresponds to United Kingdom income tax; or
- (b) is charged on income or chargeable gains or both and corresponds to United Kingdom corporation tax;
but for the purposes of this section a tax shall not be treated as failing to correspond to income tax or corporation tax by reason only that it is chargeable under the law of a province, state or other part of a country, or is levied by or on behalf of a municipality or other local body.
- (10) In determining for the purposes of this section whether any activities are made exempt from corporation tax for any period by any double taxation arrangements any requirement that a claim is made before effect is given to any provision of the arrangements shall be disregarded.
- (11) Any loss or other amount that is available for surrender by way of group relief in accordance with this section is in addition to any loss or other amount that is so available in accordance with sections 403F and 403G and Schedule 18A (relief in respect of overseas losses of non-resident companies).
##### 403E
- (1) In determining, for the purposes of this Chapter, the amounts for any accounting period of the losses and other amounts available for surrender by way of group relief by any company resident in the United Kingdom (“*the resident company*”), a loss or other amount shall be treated as not so available in so far as it—
- (a) is attributable to an overseas permanent establishment of that company, and
- (b) is a loss or other amount falling within subsection (2) below.
- (2) Subject to subsection (3) below, a loss or other amount attributable to an overseas permanent establishment falls within this subsection if the whole or any part of it is, or represents, an amount which, for the purposes of foreign tax under the law of the territory where that permanent establishment is situated, is (in any period) deductible from or otherwise allowable against non-UK profits of a person other than the resident company.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The reference in subsections (1) and (2) above to a loss or other amount attributable to an overseas permanent establishment of a company is a reference to the loss or other amount (if any) that would be surrenderable by that company by way of group relief if the amount surrenderable by that company were computed—
- (a) by reference only to that permanent establishment, and
- (b) by the application in relation to that permanent establishment of principles corresponding in all material respects to those applicable for the purposes of corporation tax to the computation of the equivalent losses or other amounts in the case of the UK permanent establishment of a non-resident company.
- (5) In subsection (4)(b) above the reference to the UK permanent establishment of a non-resident company is a reference to any permanent establishment through which a company which is not resident in the United Kingdom carries on a trade in the United Kingdom.
- (6) References in this section to an overseas permanent establishment of a company are references to any permanent establishment through which that company carries on a trade in a territory outside the United Kingdom.
- (7) In this section “*foreign tax*” and “*non-UK profits*” have the same meaning as in section 403D.
- (8) Where the deductibility of any amount for the purposes of any foreign tax is dependent on whether or not that amount, or a corresponding amount, is deductible for tax purposes in the United Kingdom, this section shall have effect as if that amount were deductible for the purposes of that foreign tax if, and only if, the resident company is treated for the purposes of that tax as resident in the territory where that tax is charged.
##### 403F
- (1) This section has effect for determining for the purposes of this Chapter the extent to which a loss or other amount is available for surrender by way of group relief by a non-resident company—
- (a) which is resident in an EEA territory, or
- (b) which is not so resident but which carries on a trade in an EEA territory through a permanent establishment,
in a case where a group claim may be made as a result of the condition in section 402(2A) being satisfied.
- (2) A loss or other amount is not available for surrender by way of group relief by the non-resident company except in so far as, in relation to the EEA territory, the amount meets—
- (a) the equivalence condition,
- (b) the EEA tax loss condition,
- (c) the qualifying loss condition, and
- (d) the precedence condition.
- (3) Part 1 of Schedule 18A determines, in the case of any amount and any EEA territory, the extent to which those conditions are met.
- (4) In so far as a loss or other amount meets those conditions, Part 2 of Schedule 18A applies—
- (a) for calculating the amount of the loss or other amount (if any) that is available for surrender by way of group relief, and
- (b) otherwise for making provision in relation to the application of this Chapter to the non-resident company.
- (5) This section is subject to section 403G (unallowable overseas losses of non-resident companies).
##### 403G
- (1) This section applies in the case of a loss or other amount arising to a non-resident company—
- (a) which is resident in any EEA territory, or
- (b) which is not so resident but which carries on a trade in an EEA territory through a permanent establishment,
where the amount is not attributable for corporation tax purposes to any UK permanent establishment of the non-resident company.
- (2) The amount is not available for surrender by way of group relief by the non-resident company in so far as conditions A and B are met.
- (3) Condition A is that—
- (a) the amount would not qualify for group relief but for any relevant arrangements, or
- (b) the amount would not have arisen to the non-resident company but for any relevant arrangements.
- (4) Condition B is that the main purpose, or one of the main purposes, of the relevant arrangements was to secure that the amount would qualify for group relief.
- (5) In this section references to relevant arrangements, in relation to any amount, are to—
- (a) arrangements made on or after 20th February 2006, or
- (b) arrangements made before that date where the amount would (but for this section) first qualify for group relief on or after that date or (as the case may be) the amount arises on or after that date.
- (6) In this section—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable),
- “*UK permanent establishment*”, in relation to the non-resident company, means any permanent establishment through which it carries on a trade in the United Kingdom.
##### 411ZA
- (1) This section applies if the surrendering company is prevented from obtaining a deduction in respect of an amount by section 520 of CTA 2009 (provision not at arm's length: non-deductibility of relevant return).
- (2) The amount may not be surrendered by way of group relief.
##### 411A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Computation of losses and limitation on relief.
#### Further interpretation of sections 135 to 139.
#### Income or gains arising from property investment LLP
#### Securities.
#### Retained assets
##### 431ZA
- (1) An insurance company may, in its company tax return for the first accounting period of the company beginning on or after 1 January 2008 in which any of the assets of the company's long-term insurance fund would (apart from this section) be foreign business assets, elect that none of the assets of the company's long-term insurance fund are to be regarded for the purposes of this Act as being foreign business assets.
- (2) The election has effect for that accounting period and all subsequent accounting periods of the company.
- (3) An election under subsection (1) is irrevocable.
##### 431A
- (1) The Treasury may by order amend any of the life assurance provisions of the Corporation Tax Acts where it is expedient to do so in consequence of the exercise of any power under the Financial Services and Markets Act 2000, in so far as that Act relates to insurance companies.
- (2) Where any exercise of a power under that Act has effect for a period ending on or before, or beginning before and ending after, the day on which an order containing an amendment in consequence of that exercise is made under subsection (1) above, the power conferred by that subsection includes power to provide for the amendment to have effect in relation to that period.
- (2A) The Treasury may by order make provision as to the application of the Corporation Tax Acts in relation to insurance special purpose vehicles.
- (2B) An order under subsection (2A) above may in particular contain provision—
- (a) making amendments of any provision of the Corporation Tax Acts, or
- (b) making provision for the life assurance provisions of the Corporation Tax Acts to have effect in relation to any specified description of insurance special purpose vehicles subject to specified modifications or exceptions.
- (2C) An order under subsection (2A) above—
- (a) may make provision having effect in relation to accounting periods current when it is made, and
- (b) if it is made in consequence of, or otherwise in connection with, provision made by any enactment or instrument, may make provision having effect in relation to the same times as that enactment or instrument.
- (3) The Treasury may by order amend any of the following provisions—
- (a) sections 432ZA, 432A, 432B to 432G and 755A . . . ;
- (b) sections 83A, 85, 88 and 89 of the Finance Act 1989;
- (c) section 210A of the Taxation of Chargeable Gains Act 1992.
- (4) An order under subsection (3) above may only be made so as to have effect in relation to periods of account—
- (a) beginning on or after 1st January 2005, and
- (b) ending before 1st October 2006.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Any power conferred by this section to make an order includes power to make—
- (a) different provision for different cases or different purposes, and
- (b) incidental, supplemental, consequential or transitional provision and savings.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 431AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432A
- (1) Subject to section 432B, this section has effect for determining for the purposes of any provision of the Corporation Tax Acts in relation to any period for which an insurance company carries on business what parts of—
- (a) income or losses arising from the assets of the company’s long-term insurance fund, or
- (b) gains or losses accruing on the disposal of such assets in accordance with the provisions of the 1992 Act,
are referable to any category of business.
- (1ZA) In subsection (1)(a) above “*income*” means—
- (a) income chargeable under Chapter 3 of Part 4 of CTA 2009 (profits of a property business) in respect of any separate UK property businesses treated as carried on by the company under section 432AA,
- (b) income chargeable under Chapter 3 of Part 4 of CTA 2009 in respect of distributions treated by section 121(1)(a) of the Finance Act 2006 as profits of a UK property business carried on by the company,
- (c) income chargeable under Chapter 3 of Part 4 of CTA 2009 in respect of any overseas property business treated as carried on by the company under section 432AA,
- (d) income chargeable under Chapter 2 of Part 10 of CTA 2009 (dividends of non-UK resident companies) or Chapter 6 of that Part (sale of foreign dividend coupons),
- (da) income chargeable under Chapter 7 of Part 10 of CTA 2009 (annual payments not otherwise charged) or Chapter 8 of that Part (income not otherwise charged) which arises from a source outside the United Kingdom,
- (e) distributions received by the company from companies resident in the United Kingdom,
- (f) credits in respect of any creditor relationships (within the meaning of Part 5 of CTA 2009) of the company,
- (g) credits in respect of any derivative contracts (within the meaning of Part 7 of CTA 2009) of the company,
- (h) any income of the company chargeable under Chapter 5 of Part 10 of CTA 2009 (distributions from unauthorised unit trusts) or Chapter 7 of that Part (annual payments not otherwise charged),
- (i) any credits brought into account by the company under Chapter 2 of Part 8 of CTA 2009 (intangible fixed assets), and
- (j) any income of the company chargeable under any provision to which section 834A (miscellaneous charges) applies, other than profits of the company chargeable under section 436A (gross roll-up business).
- (1ZB) In subsection (1)(a) above “*losses*” means—
- (a) losses in respect of any separate UK property businesses treated as carried on by the company under section 432AA,
- (b) losses in respect of any overseas property businesses treated as carried on by the company under that section,
- (c) debits in respect of any creditor relationships (within the meaning of Part 5 of CTA 2009) of the company,
- (d) debits in respect of any derivative contracts (within the meaning of Part 7 of CTA 2009) of the company,
- (e) any debits brought into account by the company under Chapter 3 of Part 8 of CTA 2009 (intangible fixed assets), and
- (f) any losses of the company computed in the same way as profits chargeable under any provision to which section 834A applies, other than any losses of gross roll-up business.
- (1ZC) For determining as mentioned in subsection (1) above what parts of income or gains arising from the assets of the company's long-term insurance fund are referable to PHI business (to the extent that it would not be the case by virtue of subsections (1ZA) and (1ZB))—
- (a) “income” also includes profits shown in the technical account, and
- (b) “losses” also includes losses so shown.
- (1A) If the company carries on only one category of business in the period—
- (a) all of the income and losses referred to in paragraph (a) of subsection (1) above, and
- (b) all of the gains and losses referred to in paragraph (b) of that subsection,
are referable to that category of business; but if the company carries on more than one category of business in the period, the following provisions shall apply.
- (2) The categories of business referred to in subsections (1) and (1A) above are—
- (a) basic life assurance and general annuity business,
- (b) gross roll-up business, and
- (c) PHI business.
- (3) Income or losses arising from, and gains or losses accruing on the disposal of, assets linked to any category of business is referable to that category of business.
- (3A) Amounts falling within—
- (a) section 442A,
- (b) section 85(2C) of the Finance Act 1989, or
- (c) section 85A of that Act,
are directly referable to basic life assurance and general annuity business.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) Income or losses arising from, and gains or losses accruing on the disposal of, foreign business assets is referable to gross roll-up business.
- (5) There is referable to any category of business . . . the relevant fraction of any income and losses referred to in paragraph (a) of subsection (1) above, and any gains and losses referred to in paragraph (b) of that subsection, not directly referable to any category of business.
- (6) For the purposes of subsection (5) above “*the relevant fraction*”, in relation to basic life assurance and general annuity business, is—
$$AA+B+C$where—A is the aggregate of—(a) the mean of the opening and closing liabilities of the basic life assurance and general annuity business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business,(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and(c) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts;B is the aggregate of—(a) the mean of the opening and closing liabilities of the gross roll-up business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business, and(b) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts; andC is the aggregate of—(a) the mean of the opening and closing liabilities of the PHI business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business, and(b) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts.$
- (6A) For the purposes of subsection (5) above “*the relevant fraction*”, in relation to gross roll-up business, is—
$$BA+B+C$where A, B and C have the same meaning as in subsection (6) above.$
- (6B) For the purposes of subsection (5) above “*the relevant fraction*”, in relation to PHI business, is—
$$CA+B+C$where A, B and C have the same meaning as in subsection (6) above.$
- (6C) But if the denominator found in accordance with subsection (6), (6A) or (6B) above is nil, the relevant fraction for the purposes of subsection (5) above in relation to the category of business in question is such fraction as is just and reasonable.
- (7) For the purposes of subsections (5), (6) , (6A) and (6B) above—
- (a) income and losses referred to in paragraph (a) of subsection (1) above, and gains and losses referred to in paragraph (b) of that subsection, are directly referable to a category of business if referable to that category by virtue of subsection (3) or (4A) above, . . . and
- (b) assets are directly referable to a category of business if income and losses arising from the assets, and gains and losses accruing on the disposal of the assets, are so referable by virtue of subsection (3) or (4A) above,. . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) In subsection (6) above—
- (a) “*appropriate part*”, in relation to the free assets amount, means—
- (i) where none (or none but an insignificant proportion) of the liabilities of the long-term business are with-profits liabilities, the part of that amount which bears to the whole the proportion A/B where—
A is the amount of the liabilities of the category of business in question (but taking that amount to be nil if it would otherwise be below nil);
B is the whole amount of the liabilities of the long-term business; and
- (ii) in any other case the part of the free assets amount which bears to the whole the proportion C/D where—
C is the amount of the with-profits liabilities of the category of business in question;
D is the whole amount of the with-profits liabilities of the long-term business; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This is subject to subsection (8ZA) below.
- (8ZA) If for the purposes of subsection (8)(a) above either B or D is nil then, in paragraph (c) of the definition of A and paragraph (b) of the definitions of B and C in subsection (6) above, “*appropriate part*”, in relation to the free assets amount, means the part of that amount which bears to the whole such proportion as is just and reasonable.
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432B
- (1) This section and sections 432C to 432G have effect where it is necessary in accordance with section 83 of the Finance Act 1989 to determine what parts of any items brought into account, within the meaning of that section, are referable to life assurance business or gross roll-up business.
- (2) Where for that purpose reference falls to be made to more than one account recognised for the purposes of that section, the provisions of sections 432C to 432G apply separately in relation to each account.
- (3) Section 432C applies where the business with which an account is concerned (“*the relevant business*”) relates exclusively to policies or contracts under which the policy holders or annuitants are not eligible to participate in surplus; and sections 432E and 432F apply where the relevant business relates wholly or partly to other policies or contracts (and section 432G applies in either case).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432C
- (1) This section specifies the extent to which the net amount is referable to life assurance business or to gross roll-up business.
- (2) In this section “*the net amount*” means the aggregate of the amounts brought into account—
- (a) as investment income,
- (b) as an increase in the value of assets, or
- (c) as other income,
less the aggregate of the amounts brought into account as a decrease in the value of assets.
- (3) To the extent that the net amount is attributable to—
- (a) assets linked to life assurance business, or
- (b) foreign business assets,
it is referable to life assurance business.
- (4) There is also referable to life assurance business the appropriate fraction of so much of the net amount as is not attributable to linked assets or foreign business assets.
- (5) For the purposes of subsection (4) above “the appropriate fraction” is—
$$AA+B$where—A is the mean of the opening and closing liabilities of the relevant business so far as referable to life assurance business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the aggregate of the mean of the opening and closing net values of assets linked to the relevant business so far as so referable and foreign business assets; andB is the mean of the opening and closing liabilities of the relevant business so far as referable to PHI business, reduced (but not below nil) by the mean of the opening and closing net values of any assets linked to PHI business.$
- (6) But if the denominator found in accordance with subsection (5) above is nil, the appropriate fraction for the purposes of subsection (4) above is such fraction as is just and reasonable.
- (7) To the extent that the net amount is attributable to—
- (a) assets linked to gross roll-up business, or
- (b) foreign business assets,
it is referable to gross roll-up business.
- (8) There is also referable to gross roll-up business the relevant fraction of so much of the net amount as is not attributable to linked assets or foreign business assets.
- (9) For the purposes of subsection (8) above “the relevant fraction” is—
$$CC+D$where—C is the mean of the opening and closing liabilities of the relevant business so far as referable to gross roll-up business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the aggregate of the mean of the opening and closing net values of any assets linked to gross roll-up business and foreign business assets; andD is the mean of the opening and closing liabilities of the relevant business so far as referable to basic life assurance and general annuity business or PHI business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets linked to either of those categories of business.$
- (10) But if the denominator found in accordance with subsection (9) above is nil, the relevant fraction for the purposes of subsection (8) above is such fraction as is just and reasonable.
- (11) For the purposes of this section, so much of the net amount—
- (a) as is brought into account as other income in an internal linked fund of the company, and
- (b) as is not attributable to assets of that fund,
is to be treated as linked to a category of business to the same extent as income attributable to an asset of the fund would, by virtue of section 432ZA, be referable to that category of business.
##### 432D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432E
- (1) The part of the net amount which is referable to life assurance business or to gross roll-up business is—
- (a) the amount determined in accordance with subsections (2) and (2A) below, or
- (b) if greater, the amount determined in accordance with subsection (3) below.
- (1A) In this section “*the net amount*” means the aggregate of the amounts brought into account—
- (a) as investment income,
- (b) as an increase in the value of assets, or
- (c) as other income,
less the aggregate of the amounts brought into account as a decrease in the value of assets.
- (2) For the purposes of subsection (1) above there shall be determined the amount which is such as to secure—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . that
$$CS-CAS=(S-AS)×CASAS$where—S is the surplus of the relevant business;AS is so much of that surplus as is allocated to persons entitled to the benefits provided for by the policies or contracts to which the relevant business relates;CAS is so much of the surplus so allocated as is attributable to policies or contracts of life assurance business or of gross roll-up business; andCS is so much of the surplus of the relevant business as would remain if the relevant business were confined to life assurance business or to gross roll-up business.$
- (2A) In a case where an amount or amounts are taken into account under subsection (2) of section 83 of the Finance Act 1989 by virtue of subsection (2B) of that section or by virtue of section . . . 444AB, . . . 444AEA,444AECA, 444AF(2) or 444AK(2) of this Act, the amount determined under subsection (2) above is increased by—
$$CASAS×RP$where—CAS and AS have the same meanings as in subsection (2) above; andRP is the amount or the aggregate of the amounts taken into account under subsection (2) of section 83 of the Finance Act 1989 by virtue of any of the following provisions—subsection (2B) of that section;section 444AB . . . of this Act;section 444AEA or 444AECA of this Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .subsection (2) of section 444AF of this Act (and see subsections (5) and (6) of that section);subsection (2) of section 444AK of this Act (but only for the purposes mentioned in subsection (3) of that section).$
- (3) For the purposes of subsection (1) above there shall also be determined the aggregate of—
- (a) the applicable percentage of what is left of the mean of the opening and closing liabilities of the relevant business so far as referable to the category of business concerned (but taking that mean to be nil if it would otherwise be below nil) after deducting from it the mean of the opening and closing values of any assets of the relevant business linked to that category of business and foreign business assets, and
- (b) the part of the net amount . . . that is attributable to assets linked to that category of business . . . .
- (4) Subject to subsection (4A) below, for the purposes of subsection (3) above “*the applicable percentage*”, in any case, is—
$$AB×100$where—A is so much of the net amount as is brought into account in respect of the relevant business less such part of it as is attributable to linked assets and foreign business assets; andB is the mean of the opening and closing liabilities of the relevant business reduced by the mean of the opening and closing values of any assets of the relevant business which are linked assets . . . .$
- (4A) If the mean of the opening and closing liabilities of the relevant business reduced by the opening and closing values of any assets of the relevant business which are linked assets or foreign business assets is nil then, for the purposes of subsection (3) above, “*the applicable percentage*” is such percentage as is just and reasonable.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Apportionment of certain income, deductions and interest.
#### Transfer schemes: reduction of income of transferee
##### 434A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Where for any accounting period the loss arising to an insurance company from its life assurance business falls to be computed in accordance with the life assurance trade profits provisions—
- (a) the loss resulting from the computation shall be reduced (but not below nil) by . . . —
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) any relevant non-trading deficit for that period on the company’s debtor relationships; and
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) if the whole or any part of that loss as so reduced is set off—
- (i) under section 393A, or
- (ii) under section 403(1),
any loss for that period under section 436A shall be reduced (but not below nil) by the total of the amounts set off as mentioned in sub-paragraphs (i) and (ii) above.
- (2A) The reference in subsection (2)(a)(ii) above to a relevant non-trading deficit for any period on a company’s debtor relationships is a reference to the non-trading deficit on the company’s loan relationships . . . for the company’s basic life assurance and general annuity business if credits and debits given in respect of the company’s creditor relationships (within the meaning of Part 5 of CTA 2009) were disregarded.
- (3) In the case of a company carrying on life assurance business, no relief shall be allowable —
- (a) under Chapter II (loss relief) or Chapter IV (group relief) of Part X,
- (aa) (where the company's life assurance business is not mutual business) in respect of any amount which is a charge on income for the purposes of corporation tax, or
- (b) in respect of any amount representing a non-trading deficit on the company’s loan relationships that has been computed otherwise than by reference to debits and credits referable to that business,
against the policy holders’ share of the relevant profits for any accounting period.
- For the purposes of this subsection “*the policy holders’ share of the relevant profits*” has the same meaning as in section 89 of the Finance Act 1989.
- (4) For the purposes of section 403, where the surrendering company is an insurance company which is charged to tax under the I minus E basis in respect of its life assurance business for the surrender period, the company's gross profits of that period do not include its relevant profits (within the meaning of section 88 of the Finance Act 1989) for that period; and expressions used in this subsection and section 403 have the same meaning here as there.
#### Taxation in respect of other business.
##### 438A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 209(3AA): link to shares of company or associated company
##### 440A
- (1) Subsection (2) below applies where the assets of an insurance company include securities of a class all of which would apart from this section be regarded for the purposes of corporation tax on chargeable gains as one holding.
- (2) Where this subsection applies—
- (a) so many of the securities as are identified in the company’s records as securities by reference to the value of which there are to be determined benefits provided for under policies or contracts the effecting of all (or all but an insignificant proportion) of which constitutes the carrying on of—
- (i) basic life assurance and general annuity business, or
- (ii) gross roll-up business,
shall be treated for the purposes of corporation tax as a separate holding linked solely to that business,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) so many of the securities as are included in the company’s long-term insurance fund but do not fall within paragraph (a) shall be treated for those purposes as a separate holding which is an asset of that fund (but not of the description mentioned in that paragraph), and
- (e) any remaining securities shall be treated for those purposes as a separate holding which is not of any of the descriptions mentioned in the preceding paragraphs.
- (3) Subsection (2) above also applies where the assets of an insurance company include securities of a class and apart from this section some of them would be regarded as a 1982 holding, and the rest as a section 104 holding, for the purposes of corporation tax on chargeable gains.
- (4) In a case within subsection (3) above—
- (a) the reference in any paragraph of subsection (2) above to a separate holding shall be construed, where necessary, as a reference to a separate 1982 holding and a separate section 104 holding, and
- (b) the questions whether such a construction is necessary in the case of any paragraph and, if it is, how many securities falling within the paragraph constitute each of the two holdings shall be determined in accordance with paragraph 12 of Schedule 6 to the Finance Act 1990 and the identification rules applying on any subsequent acquisitions and disposals.
- (5) Section 105 of the 1992 Act shall have effect where subsection (2) above applies as if securities regarded as included in different holdings by virtue of that subsection were securities of different kinds.
- (6) In this section—
- “*1982 holding*” has the same meaning as in section 109 of the 1992 Act;
- “*section 104 holding*” has the same meaning as in section 104(3) of that Act; and
- “*securities*” means shares, or securities of a company, and any other assets where they are of a nature to be dealt in without identifying the particular assets disposed or acquired.
- (7) In a case where the profits of a company’s life assurance business are charged to tax under section 35 of CTA 2009 (charge on trade profits) this section has effect with the modification specified in section 440B(4).
##### 441A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444A
- (1) . . . This section applies where an insurance business transfer scheme has effect to transfer long-term business from one person (“the transferor”) to another (“the transferee”).
- (2) Any expenses payable which (making the assumptions in subsection (3B) below) would have fallen to be brought into account by the transferor in determining the deduction for expenses payable to be allowed under section 76 in computing profits for an accounting period following the period which ends with the day on which the transfer takes place shall, instead, be brought into account under and in accordance with that section by the transferee as expenses payable by him (and giving effect in the case of acquisition expenses, to section 86(6) to (9) of the Finance Act 1989).
- (3) Any loss which (making the assumptions in subsection (3B) below)—
- (a) would have been available under section 436A(4) to be set off against profits of the transferor for the accounting period following that which ends with the day on which transfer takes place, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall, instead, be treated as a loss of the transferee (and available to be set off against profits of gross roll-up business)if the conditions in paragraphs (a) and (b) of section 343(1) are satisfied in relation to the business transferred (construing references to an event as to the transfer).
- (3ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) Any subsection (2) excess (within the meaning of section 432F(2)) which (making the assumptions in subsection (3B) below) would have been available under section 432F(3) or (4) to reduce a subsection (3) figure (within the meaning of section 432F(1)) of the transferor in an accounting period following that which ends with the day on which transfer takes place—
- (a) shall, instead, be treated as a subsection (2) excess of the transferee, and
- (b) shall be taken into account in the first accounting period of the transferee ending after the date of the transfer (to reduce the subsection (3) figure or, as the case may be, to produce or increase a subsection (2) excess for that period),
in relation to the revenue account of the transferee dealing with or including the business transferred.
- (3B) The assumptions referred to in subsections (2), (3) and (3A) above are—
- (a) that the transferor had continued to carry on the business transferred after the transfer, and
- (b) where there is no accounting period of the transferor ending with the transfer date, that there was such an accounting period.
- (4) Where acquisition expenses are treated as expenses payable by the transferee by virtue of subsection (2) above, the amount deductible for the first accounting period of the transferee ending after the transfer takes place shall be calculated as if that accounting period began with the day after the transfer.
- (5) Where the transfer is of part only of the transferor’s long-term business, subsection (2), (3) or (3A) above shall apply only to such part of any amount to which it would otherwise apply as is appropriate.
- (6) Any question arising as to the operation of subsection (5) above shall be determined in the same manner as an appeal, and both the transferor and transferee shall be entitled to be a party to any proceedings.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Classes of life assurance business
##### 431B
- (1) In this Chapter “*pension business*” means so much of a company’s life assurance business as is referable to contracts entered into for the purposes of a registered pension scheme or is the reinsurance of such business.
- (2) Where a pension scheme ceases to be a registered pension scheme by virtue of the withdrawal of registration of the pension scheme under section 157 of the Finance Act 2004, any of the company’s life assurance business that was pension business when the pension scheme was a registered pension scheme is to be treated as ceasing to be pension business at the beginning of the period of account of the company in which the pension scheme so ceases to be a registered pension scheme.
- (3) Where—
- (a) immediately before 6th April 2006 an annuity contract falls within any of the descriptions of contracts specified in subsection (2) of this section as it had effect immediately before that date, but
- (b) on or after that date the contract does not fall to be regarded for the purposes of this section as having been entered into for the purposes of a registered pension scheme,
the contract is to be treated for the purposes of this section as having been entered into for such purposes.
##### 431BA
- (1) In this Chapter “*child trust fund business*” means so much of a company's life assurance business as is referable to child trust fund policies (but not including the reinsurance of such business).
- (2) In this section “*child trust fund policy*” means a policy of life insurance which is an investment under a child trust fund (within the meaning of the Child Trust Funds Act 2004).
##### 431BB
- (1) In this Chapter “*individual savings account business*” means so much of a company's life assurance business as is referable to individual savings account policies (but not including the reinsurance of such business).
- (2) In this section “*individual savings account policy*” means a policy of life insurance which is an investment of a kind specified in regulations made by virtue of section 695(1) of ITTOIA 2005.
##### 431C
- (1) In this Chapter “*life reinsurance business*” means reinsurance of life assurance business other than pension business or business of any description excluded from this section by regulations made by the Board.
- (2) Regulations under subsection (1) above may describe the excluded business by reference to any circumstances appearing to the Board to be relevant.
##### 431D
- (1) In this Chapter “*overseas life assurance business*” means so much of a company's relevant life assurance business as is with a policy holder or annuitant not residing in the United Kingdom (but not including the reinsurance of such business).
- (1A) In subsection (1) above “*relevant life assurance business*” means life assurance business other than—
- (a) pension business
- (b) individual savings account business,
- (c) child trust fund business, and
- (d) business of any description prescribed by regulations made by the Commissioners for Her Majesty's Revenue and Customs.
- (2) Regulations under subsection (1A) above may describe the excluded business by reference to any circumstances appearing to the Commissioners to be relevant.
- (3) The Commissioners for Her Majesty's Revenue and Customs may by regulations—
- (a) make provision as to the circumstances in which a trustee who is a policy holder or annuitant residing in the United Kingdom is to be treated for the purposes of this section as not so residing; and
- (b) provide that nothing in Chapter II of Part XIII or Chapter 9 of Part 4 of ITTOIA 2005 shall apply to a policy or contract which constitutes overseas life assurance business by virtue of any such provision as is mentioned in paragraph (a) above.
- (4) Regulations under subsection (1A) or (3) above may contain such supplementary, incidental, consequential or transitional provision as appears to the Commissioners to be appropriate (including provision amending any enactment or any instrument made under an enactment).
##### 431E
- (1) The Board may by regulations make provision for giving effect to section 431D.
- (2) Such regulations may, in particular—
- (a) provide that, in such circumstances as may be prescribed, any prescribed issue as to whether business is or is not overseas life assurance business (or overseas life assurance business of a particular kind) shall be determined by reference to such matters (including the giving of certificates or undertakings, the giving or possession of information or the making of declarations) as may be prescribed,
- (b) require companies to obtain certificates, undertakings, information or declarations from policy holders or annuitants, or from trustees or other companies, for the purposes of the regulations,
- (c) make provision for dealing with cases where any issue such as is mentioned in paragraph (a) above is (for any reason) wrongly determined, including provision allowing for the imposition of charges to tax (with or without limits on time) on the insurance company concerned or on the policy holders or annuitants concerned,
- (d) require companies to supply information and make available books, documents and other records for inspection on behalf of the Board, and
- (e) make provision (including provision imposing penalties) for contravention of, or non-compliance with, the regulations.
- (3) The regulations may—
- (a) make different provision for different cases, and
- (b) contain such supplementary, incidental, consequential or transitional provision as appears to the Board to be appropriate.
##### 431EA
In this Chapter “*gross roll-up business*” means business of any of the following kinds—
- (a) pension business;
- (b) child trust fund business;
- (c) individual savings account business;
- (d) life reinsurance business; and
- (e) overseas life assurance business.
##### 431F
In this Chapter “*basic life assurance and general annuity business*” means life assurance business other than gross roll-up business.
### Basis of taxation etc
##### 431G
- (1) This section applies in relation to an insurance company which carries on life assurance business (whether or not it also carries on insurance business of any other kind).
- (2) Subject as follows, the profits of the life assurance business for any accounting period shall be charged to tax under the I minus E basis.
- (3) Where in the case of an insurance company for an accounting period either—
- (a) all of its life assurance business is reinsurance business and none of that business is of a type excluded from this subsection by regulations made by the Board, or
- (b) all, or substantially all, of its life assurance business is gross roll-up business,
the profits of that business for the accounting period shall be charged to tax under section 35 of CTA 2009 (charge on trade profits) and not otherwise.
- (4) Where—
- (a) the profits of the life assurance business of an insurance company for any accounting period are charged to tax under the I minus E basis, and
- (b) had those profits been charged to tax under section 35 of CTA 2009, a loss would have arisen to the company from that business for the period,
the loss (after being reduced in accordance with section 434A(2)(a)) may be set-off under section 393A or section 403(1).
- (5) The application, in relation to the life assurance business of an insurance company, of any of the life assurance trade profits provisions is not to be taken—
- (a) to prevent the application of the I minus E basis in relation to that business of the company for any accounting period, or
- (b) to affect the operation of the I minus E basis in relation to the that business of the company for any accounting period except as specifically provided by the Corporation Tax Acts.
##### 431H
- (1) This section applies in relation to an insurance company which carries on life assurance business and insurance business of any other kind.
- (2) For the purposes of the Corporation Tax Acts—
- (a) the life assurance business, and
- (b) the other insurance business,
are to be treated as separate businesses.
- (3) The profits of the other insurance business shall be charged to tax under section 35 of CTA 2009 (charge on trade profits) as the profits of a separate trade.
- (4) But subsection (3) above does not apply where that business is mutual business.
- (5) As to the profits of the life assurance business, see section 431G.
##### 432YA
- (1) This section applies in the case of—
- (a) a company which is a non-profit company, or
- (b) the non-profit fund of a company which is not a non-profit company,
if an amount (“*the relevant amount*”) is shown in paragraph 4(12) of Appendix 9.4 to the periodical return for the company for a period of account which ends on or after 31st December 2006 but before 1st January 2009 (a “relevant period of account”).
- (2) In computing profits of PHI business in accordance with the provisions applicable for the purposes of section 35 of CTA 2009 (charge on trade profits)—
- (a) X shall be added to the closing long term business provision of the company for the relevant period of account; and
- (b) XA shall be brought into account as a trading receipt of the company for each subsequent period of account until the total sum of the amounts so bought into account is equal to X (and if that total sum would otherwise exceed X, the excess shall be ignored).
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) X is—
- (a) where the relevant period of account ends before 1st April 2007, the whole of the relevant amount;
- (b) where the relevant period of account ends on or after 1st April 2007 but before 1st January 2008, two-thirds of the relevant amount;
- (c) where the relevant period of account ends on or after 1st January 2008, one-third of the relevant amount.
- (2C) XA is the amount found by applying the following formula—
$$Y12×Z$Here—Y is the number of months of the period of account in question (part of a month being counted as a month); andZ is—(a) where X is the whole of the relevant amount, one-third of X;(b) where X is two thirds of the relevant amount, one-half of X;(c) where X is one third of the relevant amount, the whole of X.$
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In this section—
- “*long term business provision*” has the same meaning as in Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- sections 42 and 46(1) and (2) of the Finance Act 1998 (provisions as to computation of profits and losses);
- sections 196 to 200 of the Finance Act 2004 (registered pension schemes);
- section 246 of that Act (employer-financed retirement benefits schemes).
- (3) Section 74(1)(d) of this Act (disallowance of provisions for future repairs) applies in relation to a Schedule A business as if the reference to premises occupied for the purposes of the trade were to premises held for the purposes of the Schedule A business.
- (4) The following provisions in Chapter V of Part IV of this Act do not apply, or are excepted from applying, in accordance with subsection (1)—
- (6) This section is subject to sections 82E and 82F of the Finance Act 1989 (treatment of transferors and transferees under insurance business transfer schemes) and those sections shall apply in relation to this section as if—
- (a) any reference in them to a provision of section 82D of that Act (treatment of profits: life assurance – adjustment consequent on change in Insurance Prudential Sourcebook) were a reference to the corresponding provision of this section,
- (b) the reference in section 82E(4) to life assurance business were a reference to PHI business, and
- (c) the reference in section 82E(7) to the life assurance trade profits provisions were a reference to the provisions applicable for the purposes of section 35 of CTA 2009.
##### 432ZA
- (1) In this Chapter “*linked assets*” means assets of an insurance company which are identified in its records as assets by reference to the value of which benefits provided for under a policy or contract are to be determined and in a case where only part of an asset is so identified, references to a linked asset are references to that part.
- (2) Linked assets shall be taken—
- (a) to be linked to long-term business of a particular category if the policies or contracts providing for the benefits concerned are policies or contracts the effecting of which constitutes the carrying on of business of that category; and
- (b) to be linked solely to long-term business of a particular category if all (or all but an insignificant proportion) of the policies or contracts providing for the benefits concerned are policies or contracts the effecting of which constitutes the carrying on of business of that category.
- (3) Where an asset is linked to more than one category of long-term business, a part of the asset shall be taken to be linked to each category; and references in this Chapter to assets linked (but not solely linked) to any category of business shall be construed accordingly.
- (4) Where subsection (3) above applies, the part of the asset linked to any category of business shall be a proportion determined as follows—
- (a) where in the records of the company values are shown for the asset in funds referable to particular categories of business, the proportion shall be determined by reference to those values;
- (b) in any other case the proportion shall be equal to the proportion A/B where—
A is the total of the linked liabilities of the company which are liabilities of the internal linked fund in which the asset is held and are referable to that category of business;
B is the total of the linked liabilities of the company which are liabilities of that fund.
- (5) For the purposes of sections 432A to 432E—
- (a) income arising in any period from assets linked but not solely linked to a category of business,
- (b) gains arising in any period from the disposal of such assets, and
- (c) increases and decreases in the value of such assets,
shall be treated as arising to that category of business in the proportion which is the mean of the proportions determined under subsection (4) above at the beginning and end of the period.
- (6) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 87 (treatment of premiums taxed as rent),
- “*linked liabilities*” means liabilities in respect of benefits to be determined by reference to the value of linked assets.
- (7) In the case of a policy or contract the effecting of which constitutes a class of life assurance business the fact that it also constitutes PHI business shall be disregarded for the purposes of this section unless the benefits to be provided which constitute PHI business are to be determined by reference to the value of assets.
##### 432AA
- (1) An insurance company is treated (despite sections 205 and 206 of CTA 2009) as carrying on separate UK property businesses or overseas property businesses, in accordance with the following rules.
- (2) The exploitation of land held as an asset of the company’s long-term insurance fund is treated as a separate business from the exploitation of land not so held.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The exploitation of land held as an asset linked to any of the following categories of business is regarded as a separate business—
- (a) basic life assurance and general annuity business;
- (b) gross roll-up business; and
- (c) PHI business.
- (5) Accordingly, the exploitation of land held as an asset of the company’s long-term insurance fund otherwise than as mentioned in subsection . . . (4) is treated as a separate business from any other.
- (6) In this section “*land*” means any estate, interest or rights in or over land.
##### 432AB
- (1) This section applies to any loss arising in a UK property business or overseas property business.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) So far as a loss is referable to basic life assurance and general annuity business, it shall be treated for the purposes of section 76 as expenses payable which fall to be brought into account at Step 3 in subsection (7) of that section.
- (4) Where a company is treated under section 432AA as carrying on—
- (a) more than one UK property business, or
- (b) more than one overseas property business,
then, in relation to either kind of business, the reference in subsection (3) above to a loss referable to basic life assurance and general annuity business shall be construed as a reference to any aggregate net loss after setting the losses from those businesses which are so referable against any profits from those businesses that are so referable.
- (5) The provisions of sections 392A and 503, or section 392B, (loss relief) do not apply to a loss referable to life assurance business or any category of life assurance business.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432CA
- (1) This section applies where—
- (a) an insurance company is not a non-profit company in relation to a period of account (“the current period of account”),
- (b) in the case of any business with which an account of the company for the current period of account is concerned (“the relevant business”), an amount is a relevant brought into account amount for that period of account (see subsection (2)),
- (c) section 432C applies for determining the extent to which the relevant brought into account amount is referable to life assurance business or to gross roll-up business, and
- (d) the line 51 reduction condition is met (see subsection (3)).
- (2) An amount is a relevant brought into account amount for a period of account if—
- (a) it is brought into account as mentioned in subsection (2)(b) of section 83 of the Finance Act 1989 (increases in value of non-linked assets) for that period,
- (b) it is deemed to be brought into account for that period by subsection (2B) of that section in consequence of the transfer of non-linked assets, or
- (c) it is taken into account under subsection (2) of that section for that period by virtue of section 444AB as being the relevant amount in relation to non-linked assets.
- (3) The line 51 reduction condition is met if—
- (a) the amount shown in column 1 of line 51 of Form 14 of the company's periodical return in respect of the relevant business for the current period of account, is less than
- (b) the amount so shown for the period of account immediately before it;
and the amount of the difference is “the relevant reduction”.
- (4) Section 432C applies in relation to so much of the relevant brought into account amount as does not exceed the relevant reduction (“the affected amount”) as if it were brought into account as an increase in the value of assets in the case of the relevant business for the applicable appropriate period of account of the company.
- (5) A period of account is an “appropriate period of account” if it ended before the current period of account and—
- (a) the amount shown in column 1 of line 51 of Form 14 of the company's periodical return in respect of the relevant business for it, was more than
- (b) the amount so shown for the period of account immediately before it;
and the amount of the difference is “the relevant increase.”
- (6) The “applicable” appropriate period of account is the one which ended most recently (“the most recent appropriate period of account”).
- (7) But if the relevant increase in the case of the most recent appropriate period of account is less than the affected amount, the most recent appropriate period of account is the applicable appropriate period of account in relation to only so much of the affected amount as does not exceed that relevant increase.
- (8) In that case, the appropriate period of account which ended most recently before the most recent appropriate period of account is the applicable appropriate period of account in relation to so much of the remainder as does not exceed the relevant increase in the case of that appropriate period of account (and, where necessary, so on until the applicable appropriate period of account is established in relation to all of the affected amount or there are no more appropriate periods of account).
- (9) If the current period of account is not the first in relation to which this section has applied in the case of the business concerned, the amount of the relevant increase in the case of any appropriate period of account (“*the period in question*”) is to be treated as reduced by the relevant aggregate.
- (10) The “relevant aggregate” is the aggregate of so much of the affected amount for any period or periods of account earlier than the current period of account as was an amount to which section 432C applied as if it were brought into account as mentioned in subsection (4) for the period in question.
- (11) For the purposes of this section an insurance company which has elected under section 83YA(9) of the Finance Act 1989 (changes in value of assets brought into account: non-profit companies) to be treated as a non-profit company in relation to a period of account is to be regarded as a non-profit company in relation to the period of account.
##### 432CB
- (1) This section applies where, under an insurance business transfer scheme, there is a transfer of long-term business—
- (a) from a non-profit fund of an insurance company (“*the transferor*”) which is not a non-profit company in relation to the relevant period of account,
- (b) to another insurance company (“*the transferee*”) to constitute or form part of a non-profit fund of the transferee (“*the transferee's non-profit fund*”),
(“*the transfer*”) and conditions A and B are met.
- (2) Condition A is that the fair value of the assets transferred by the transfer exceeds by an amount (“the chargeable excess”) the amount of the relevant liabilities transferred by the transfer.
For this purpose “relevant” liabilities are liabilities of a type shown (or treated as shown) in any of lines 14, 17, 21 to 23 and 31 to 38 of Form 14 of a periodical return of an insurance company.
- (3) Condition B is that the main purpose, or one of the main purposes, of the transferor or the transferee (or both) in entering into any part of the transfer scheme arrangements is to secure a reduction in tax as a result of section 432C having effect in the case of the transferee, rather than the transferor, in relation to the business transferred by the transfer.
- (4) The chargeable excess is to be brought into account by the transferor as mentioned in section 83(2)(b) of the Finance Act 1989 for the relevant period of account.
- (5) Where there is no amount shown in relation to the transferee's non-profit fund in column 1 of line 51 of Form 14 of the periodical return of the transferee for the first period of account of the transferee ending on or after the transfer date (“the first post-transfer period of account”), the chargeable excess is to be brought into account by the transferee as mentioned in section 83(2) of the Finance Act 1989 as a decrease in the value of non-linked assets for the first post-transfer period of account.
- (6) Where—
- (a) there is an amount shown in relation to the transferee's non-profit fund in column 1 of line 51 of Form 14 of the periodical return of the transferee for the first post-transfer period of account, and
- (b) the amount so shown in column 1 of line 51 of Form 14 of the periodical return of the transferee for that period of account, or for any other period of account of the transferee ending after the transfer date, (an “affected period of account”) is less than the total chargeable excess amount,
the relevant amount is to be brought into account by the transferee as mentioned in section 83(2) of the Finance Act 1989 as a decrease in the value of non-linked assets for the affected period of account.
- (7) For this purpose “the relevant amount” is the amount by which—
- (a) the amount shown in relation to the transferee's non-profit fund in column 1 of line 51 of Form 14 of the periodical return of the transferee for the affected period of account, is less than
- (b) the total chargeable excess amount less any amount brought into account by the transferee as mentioned in section 83(2) of the Finance Act 1989 as a decrease in the value of non-linked assets for any earlier period of account by virtue of the operation of this section in relation to the transferee's non-profit fund.
- (8) In subsections (6) and (7) “*the total chargeable excess amount*” means the aggregate of—
- (a) the chargeable excess, and
- (b) any amount which is the chargeable excess in relation to any other transfer of business to the transferee's non-profit fund.
- (9) In this section “*the relevant period of account*” means—
- (a) the period of account of the transferor ending immediately before the transfer date, or
- (b) if no period of account of the transferor so ends, the period of account of the transferor covering the transfer date.
- (10) In this section “*the transfer scheme arrangements*” means the insurance business transfer scheme and any relevant associated operations; and for this purpose “*relevant associated operations*” means—
- (a) any other insurance business transfer scheme,
- (b) any contract of reinsurance, or
- (c) any reconstruction or amalgamation involving the transferor, a dependant of the transferor which is an insurance undertaking or the transferee,
which is effected in connection with the insurance business transfer scheme.
- (11) In subsection (10)—
- “dependant”, and
- “insurance undertaking”,
have the same meaning as in the Insurance Prudential Sourcebook.
- (12) In this section “*the transfer date*” means the date on which the insurance business transfer scheme takes effect.
- (13) For the purposes of this section an insurance company which has elected under section 83YA(9) of the Finance Act 1989 (changes in value of assets brought into account: non-profit companies) to be treated as a non-profit company in relation to a period of account is to be regarded as a non-profit company in relation to the period of account.
#### Section 432B apportionment: business transfers-in
##### 432F
- (1) The provisions of this section provide for the reduction of the amount determined in accordance with section 432E(3) (“the subsection (3) figure”) for an accounting period in which that amount exceeds, or would otherwise exceed, the amount determined in accordance with section 432E(2) (“the subsection (2) figure”).
- (2) . . . There shall be determined for each accounting period the amount (if any) by which the subsection (2) figure . . . exceeds the subsection (3) figure (“the subsection (2) excess”).
- (3) Where there is a subsection (2) excess, the amount shall be carried forward and if in any subsequent accounting period the subsection (3) figure exceeds, or would otherwise exceed, the subsection (2) figure, it shall be reduced by the amount or cumulative amount of subsection (2) excesses so far as not previously used under this subsection.
- (4) Where in an accounting period that amount is greater than is required to bring the subsection (3) figure down to the subsection (2) figure, the balance shall be carried forward and aggregated with any subsequent subsection (2) excess for use in subsequent accounting periods.
##### 432G
- (1) There is referable to the life assurance business of the transferee the appropriate fraction of the amount brought into account as a business transfer-in and of any amount taken into account as profits under section 444ABD(1).
- (2) For the purposes of subsection (1) above “the appropriate fraction” is—
$$LABLTL$where—LABL is the amount of the liabilities transferred that are referable to the life assurance business (but is nil if it would otherwise be below nil); andTL is the whole of the liabilities transferred.$
- (3) But if the amount of the liabilities transferred is nil, the appropriate fraction for the purposes of subsection (1) above is such fraction as is just and reasonable.
- (4) There is referable to the gross roll-up business of the transferee the relevant fraction of the amount brought into account as a business transfer-in and of any amount taken into account as profits under section 444ABD(1).
- (5) For the purposes of subsection (4) above “the relevant fraction” is—
$$GRBLTL$where—GRBL is the amount of the liabilities transferred that are referable to the gross roll-up business (but is nil if it would otherwise be below nil); andTL has the same meaning as in subsection (2) above.$
- (6) But if the amount of the liabilities transferred is nil, the relevant fraction for the purposes of subsection (4) above is such fraction as is just and reasonable.
### Miscellaneous provisions relating to life assurance business
##### 434AZA
- (1) Where this section applies in the case of a company carrying on life assurance business, relief allowable under section 393A or Chapter 4 of Part 10 in respect of losses incurred by the company in the life assurance business in an accounting period is reduced in accordance with section 434AZB.
- (2) This section applies in the case of a company where—
- (a) there has been a relevant addition to one or more non-profit funds in a period of account ending no later than the accounting period (“the relevant period of account”) (see subsection (3)),
- (b) the company is not a non-profit company in relation to the relevant period of account and has not elected under subsection (9) of section 83YA of the Finance Act 1989 to be treated for the purposes of that section as if it were, and
- (c) condition A or B is met,
and, if the relevant period of account is not the period of account ending with the accounting period (“the current period of account”), condition C is also met.
- (3) For the purposes of subsection (2), there is a relevant addition to a non-profit fund in the relevant period of account if an amount is shown as a transfer from non-technical account in line 32 of the Form 58 of the non-profit fund in the periodical return for that period of account.
- (4) Condition A is that there is a relevant book value election in relation to assets of a non-profit fund of the company.
- (5) For the purposes of subsection (4), there is a relevant book value election in relation to assets of a non-profit fund if an amount is shown in relation to the non-profit fund as the excess of the value of net admissible assets in line 51 of the Form 14 of the non-profit fund in the periodical return for the current period of account.
- (6) Condition B is that the company is party to arrangements the main purpose, or one of the main purposes, of which is to reduce the relevant admissible value of assets of a non-profit fund of the company, other than any structural assets.
- (7) For the purposes of subsection (6) (and section 434AZB), the “*relevant admissible value*” means the value reflected in line 89 of Form 13 of the periodical return for the current period of account.
- (8) Condition C is that the surplus arising since the last valuation shown in line 34 of the Form 58 of the non-profit fund, or any of the non-profit funds, in relation to which condition A or B is met in the periodical return for the current period of account is a negative amount.
#### Exempt distributions: division of business
##### 434AZB
- (1) The amount of the relief allowable as mentioned in section 434AZA(1) is reduced by whichever of the following is the least—
- (a) the amount of the loss,
- (b) the amount specified in subsection (2), and
- (c) the amount specified in subsection (4).
- (2) The amount mentioned in subsection (1)(b) is—
- (a) where only condition A in section 434AZA is met, the relevant amount relating to the non-profit fund in relation to which it is met or (where it is met in relation to more than one non-profit fund) the sum of the relevant amounts relating to them,
- (b) where only condition B is met, the amount of the relevant reduction relating to the non-profit fund in relation to which it is met or (where it is met in relation to more than one non-profit fund) the sum of the relevant reductions relating to them, and
- (c) where both condition A and condition B are met, the aggregate of the amounts in paragraphs (a) and (b).
- (3) In subsection (2)—
- (a) “*relevant amount*”, in relation to a non-profit fund, means the amount shown in relation to the non-profit fund as the excess of the value of net admissible assets in line 51 of the Form 14 of the non-profit fund in the periodical return for the current period of account (as reduced by any amount which has had effect to reduce relief for losses for a previous accounting period), and
- (b) “*relevant reduction*”, in relation to a non-profit fund, means the reduction of the relevant admissible value of assets of the non-profit fund (other than structural assets) which is attributable to the arrangements (as so reduced).
- (4) The amount mentioned in subsection (1)(c) is—
- (a) if the relevant period of account is the current period of account, the amount referred to in section 434AZA(3) in the case of the non-profit fund, or of each of the non-profit funds, to which there has been a relevant addition in the relevant period of account, and
- (b) otherwise, so much of the amount shown in line 31 of the Form 58 of the non-profit fund or non-profit funds in the periodical return for the current period of account as is attributable to the amount so referred to.
##### 434AZC
- (1) For the purposes of sections 434AZA and 434AZB, a non-profit fund required to support a with-profits fund is to be treated as not being a non-profit fund.
- (2) Sections 434AZA and 434AZB apply to a non-profit part of a with-profits fund as if references to something shown in the Form 14 or Form 58 of the non-profit fund in a periodical return were to what would be so shown if there were a Form 14 or Form 58 of the non-profit part of the with-profits fund in the periodical return.
- (3) In sections 434AZA and 434AZB—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), and
- “*structural assets*” has the same meaning as in section 83XA of the Finance Act 1989 (see subsection (3) of that section and any regulations made under it).
##### 434B
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 434C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 434D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 434E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 436A
- (1) The charge to corporation tax on income applies to profits arising to an insurance company from gross roll-up business.
- (2) For that purpose—
- (a) the gross roll-up business is to be treated separately, and
- (b) the profits from it are to be computed in accordance with the life assurance trade profits provisions.
- (3) In making that computation, sections 82 and 82B to 83AB 83ZA of the Finance Act 1989 apply with the necessary modifications.
- (4) If in any accounting period an insurance company incurs a loss, to be computed on the same basis as the profits, arising from its gross roll-up business—
- (a) the loss must be set off against the amount of any profits chargeable under this section for any subsequent accounting period, and
- (b) accordingly, the amount of the company's profits so charged in any such accounting period is to be treated as reduced by the amount of the loss or so much of that amount as cannot be relieved under this section against profits of an earlier accounting period.
- (5) Section 396 does not apply to a loss incurred by an insurance company on its gross roll-up business.
- (6) No loss to which section 396 applies may be set off . . . against the amount of any profits chargeable under this section.
- (7) This section does not apply in relation to an insurance company for an accounting period if the profits of its long-term business for the accounting period are charged to tax under section 35 of CTA 2009 (charge on trade profits).
##### 436B
- (1) Gains referable to gross roll-up business are not chargeable gains.
- (2) For the purposes of this section “*gains referable to gross roll-up business*” means gains which—
- (a) accrue to an insurance company on the disposal by it of assets of its long-term insurance fund, and
- (b) are referable (in accordance with section 432A) to gross roll-up business.
##### 437A
- (1) For the purposes of section 437 an annuity is a steep-reduction annuity if—
- (a) the amount of any payment in respect of the annuity (but not the term of the annuity) depends on any contingency other than the duration of a human life or lives;
- (b) the annuitant is entitled in respect of the annuity to payments of different amounts at different times; and
- (c) those payments include a payment (“*a reduced payment*”) of an amount which is substantially smaller than the amount of at least one of the earlier payments in respect of that annuity to which the annuitant is entitled.
- (2) Where there are different intervals between payments to which an annuitant is entitled in respect of any annuity, the question whether or not the conditions in subsection (1)(b) and (c) above are satisfied in the case of that annuity shall be determined by assuming—
- (a) that the annuitant’s entitlement, after the first payment, to payments in respect of that annuity is an entitlement to payments at yearly intervals on the anniversary of the first payment; and
- (b) that the amount to which the annuitant is assumed to be entitled on each such anniversary is equal to the annuitant’s assumed entitlement for the year ending with that anniversary.
- (3) For the purposes of subsection (2) above an annuitant’s assumed entitlement for any year shall be determined as follows—
- (a) the annuitant’s entitlement to each payment in respect of the annuity shall be taken to accrue at a constant rate during the interval between the previous payment and that payment; and
- (b) his assumed entitlement for any year shall be taken to be equal to the aggregate of the amounts which, in accordance with paragraph (a) above, are treated as accruing in that year.
- (4) In the case of an annuity to which subsection (2) above applies, the reference in section 437(1CB)(a) to the making of a reduced payment shall be construed as if it were a reference to the making of a payment in respect of that annuity which (applying subsection (3)(a) above) is taken to accrue at a rate that is substantially less than the rate at which at least one of the earlier payments in respect of that annuity is taken to accrue.
- (5) Where—
- (a) any question arises for the purposes of this section whether the amount of any payment in respect of any annuity—
- (i) is substantially smaller than the amount of, or
- (ii) accrues at a rate substantially less than,
an earlier payment in respect of that annuity, and
- (b) the annuitant or, as the case may be, every annuitant is an individual who is beneficially entitled to all the rights conferred on him as such an annuitant,
that question shall be determined without regard to so much of the difference between the amounts or rates as is referable to a reduction falling to be made as a result of the occurrence of a death.
- (6) Where the amount of any one or more of the payments to which an annuitant is entitled in respect of an annuity depends on any contingency, his entitlement to payments in respect of that annuity shall be determined for the purposes of section 437(1CA) to (1CC) and this section according to whatever (applying any relevant actuarial principles) is the most likely outcome in relation to that contingency.
- (7) Where any agreement or arrangement has effect for varying the rights of an annuitant in relation to a payment in respect of any annuity, that payment shall be taken, for the purposes of section 437(1CA) to (1CC) and this section, to be a payment of the amount to which the annuitant is entitled in accordance with that agreement or arrangement.
- (8) References in this section to a contingency include references to a contingency that consists wholly or partly in the exercise by any person of any option.
##### 438B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 438C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 439A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 439B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 440B
- (1) The following provisions apply where the profits of a company’s life assurance business are charged to tax under section 35 of CTA 2009 (charge on trade profits)in accordance with section 431G(3).
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subsection (1) of section 440 applies as if the only categories set out in subsection (4) of that section were—
- (a) assets of the long-term insurance fund, and
- (b) other assets.
- (4) Section 440A applies as if for paragraphs (a), (d) and (e) of subsection (2) there were substituted—
- (“) so many of the securities as are included in the company's long-term insurance fund shall be treated for the purposes of corporation tax as a separate holding which is an asset of that fund, and
- (b) any remaining securities shall be treated for those purposes as a separate holding which is not of the description mentioned in the preceding paragraph.”.
- (4A) Section 440(2) does not apply if either the transferor or the company by which the asset is acquired is a company whose profits are charged to tax under section 35 of CTA 2009 (or if they both are).
- (4B) Section 211 of the 1992 Act does not apply in relation to assets which are referable to the life assurance business of the transferor if the transferor is a company whose profits are charged to tax under section 35 of CTA 2009.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 440C
- (1) Subsection (2) makes provision for a case where—
- (a) subsection (4) of section 431G applies in relation to the profits of the life assurance business of an insurance company for any accounting period, but
- (b) the profits of that business for a succeeding accounting period fall to be charged to tax under section 35 of CTA 2009 (charge on trade profits) by virtue of subsection (3) of that section.
- (2) The loss referred to in section 431G(4)(b) (less any loss for the same accounting period set off under section 436A for any intervening accounting period and any amount deducted for any such period in respect of the loss by virtue of section 85A(3)(b) of the Finance Act 1989) may be set off under section 393 against profits of that succeeding accounting period (without being reduced in accordance with section 434A(2)(a)).
- (3) In determining whether any loss has been set off under section 436A for any intervening accounting period, or whether any amount has been deducted for any such period in respect of the loss by virtue of section 85A(3)(b) of the Finance Act 1989, losses of earlier accounting periods are to be assumed to be set off before those of later accounting periods.
- (4) Subsection (5) makes provision for a case where—
- (a) a loss arises to an insurance company for an accounting period for which the profits of its life assurance business fall to be charged to tax under section 35 of CTA 2009 by virtue of section 431G(3)(b),
- (b) the profits of that business for a subsequent accounting period are charged to tax under the I minus E basis, and
- (c) had those profits (instead) been charged to tax under section 35 of CTA 2009, any of that loss would have been available to be set off against them under section 393.
- (5) The loss is to be treated for the purposes of the operation of section 436A in relation to the subsequent accounting period as if it were a loss arising from its gross roll-up business in the accounting period in which it arose.
- (6) Subsections (7) and (8) make provision for a case where—
- (a) the profits of the life assurance business of an insurance company for an accounting period are charged to tax under the I minus E basis,
- (b) the profits of that business for its next accounting period fall to be charged to tax under section 35 of CTA 2009 by virtue of section 431G(3), and
- (c) that prevents the giving of relief in accordance with section 86(8) of the Finance Act 1989 (acquisition expenses relieved in fractions under section 76).
- (7) Any relief which would have been so given in—
- (a) the next accounting period, or
- (b) any subsequent accounting period for which the profits of the company's life assurance business continue to be charged to tax under section 35 of CTA 2009,
may be given by set-off against any gains treated as accruing under section 213(1) of the 1992 Act at the end of the accounting period.
- (8) But if the profits of the company's life assurance business for a subsequent accounting period are charged to tax under the I minus E basis, any relief not previously given under subsection (7) is to be treated for the purposes of the operation of section 76 in relation to the first subsequent accounting period for which profits are so charged as if it were an amount which is to be relieved under that section by virtue of section 86(8) and (9) of the Finance Act 1989.
#### Additions to non-profit funds: amount of loss reduction
##### 440D
Schedule 19ABA (which makes modifications of this Act in relation to BLAGAB group reinsurers) shall have effect.
##### 441B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 442A
- (1) Where an insurance company reinsures any risk in respect of a policy or contract attributable to its basic life assurance and general annuity business, the investment return on the policy or contract shall be treated as accruing to the company while the risk remains reinsured by the company under the reinsurance arrangement and shall be charged to tax under the charge to corporation tax on income.
- (2) The Board may make provision by regulations as to the amount of investment return to be treated as accruing in each accounting period during which the reinsurance arrangement is in force.
- (3) The regulations may, in particular, provide that the investment return to be treated as accruing to the company in respect of a policy or contract in any accounting period shall be calculated by reference to—
- (a) the aggregate of the sums paid by the company to the reinsurer during that accounting period and any earlier accounting periods by way of premium or otherwise;
- (b) the aggregate of the sums paid by the reinsurer to the company during that accounting period and any earlier accounting periods by way of commission or otherwise;
- (c) the aggregate amount of the net investment return treated as accruing to the company in any earlier accounting periods, that is to say, net of tax at such rate as may be prescribed; and
- (d) such percentage rate of return as may be prescribed.
- (3A) Where a transfer of the reinsurance arrangement from one insurance company (“*the transferor*”) to another (“*the transferee*”) is effected by novation or an insurance business transfer scheme, for the purpose of calculating the investment return to be treated as accruing to the transferee in respect of the policy or contract after the transfer, the references to the company in subsection (3)(a), (b) and (c) above include (as well as the transferee)—
- (a) the transferor, and
- (b) any insurance company from which the reinsurance arrangement was transferred on an earlier transfer effected by novation or an insurance business transfer scheme.
- (4) The regulations shall provide that the amount of investment return to be treated as accruing . . . in respect of a policy or contract in the final accounting period during which the policy or contract is in force is the amount, ascertained in accordance with regulations, by which the profit over the whole period during which the policy or contract, and the reinsurance arrangement, were in force exceeds the aggregate of the amounts treated as accruing in earlier accounting periods.
- (5) Regulations under this section—
- (a) may exclude from the operation of this section such descriptions of insurance company, such descriptions of policies or contracts and such descriptions of reinsurance arrangements as may be prescribed;
- (b) may make such supplementary provision as to the ascertainment of the investment return to be treated as accruing to the company as appears to the Board to be appropriate, including provision requiring payments made during an accounting period to be treated as made on such date or dates as may be prescribed; and
- (c) may make different provision for different cases or descriptions of case.
- (6) In this section “*prescribed*” means prescribed by regulations under this section.
##### 444AZA
- (1) This section applies where—
- (a) an insurance business transfer scheme has effect to transfer life assurance business from one person (“*the transferor*”) to another (“*the transferee*”),
- (b) assuming the transferor had continued to carry on the business transferred after the transfer, the amount of any profits would have been charged to tax in respect of that business under the I minus E basis,
- (c) the profits in respect of the business transferred for the first period of account of the transferee ending after the date on which the transfer takes effect are charged to tax under section 35 of CTA 2009 (charge on trade profits) by virtue of section 431G(3), and
- (d) the conditions in paragraphs (a) and (b) of section 343(1) are satisfied in relation to the business transferred (construing references to an event as to a transfer).
- (2) Any loss which (assuming the transferor had continued to carry on the business transferred after the transfer) would have been available to be set off against profits chargeable under section 436A (a “qualifying loss of the transferor”) shall instead be treated as a loss of the transferee . . . available to be set off against GRBP in relation to a period of account.
- (3) For the purposes of subsection (2) above “*GRBP*”, in relation to a period of account, is—
$P×GRBTLTL$
where—
- *P* is the amount of such profits of the transferee's life assurance business for the period of account as relate to the business transferred (that amount being determined in accordance with section 343(9) and (10), where applicable),
- *GRBTL* is the mean of the opening and closing liabilities of the transferred gross roll-up business for the period of account, and
- *TL* is the mean of the opening and closing liabilities of the transferred life assurance business for the period of account.
- (4) Where the transfer is of part only of the transferor's long-term business, subsection (2) above shall apply only to such part of any qualifying loss of the transferor to which it would otherwise apply as is appropriate.
- (5) Any question arising as to the operation of subsection (4) above shall be determined in the same manner as an appeal, and both the transferor and transferee shall be entitled to be a party to any proceedings.
#### Exemption for trade unions and employers’ associations.
##### 444AZB
- (1) This section applies where—
- (a) an insurance business transfer scheme has effect to transfer life assurance business from one person (“*the transferor*”) to another (“*the transferee*”),
- (b) assuming the transferor had continued to carry on the business transferred after the transfer, the amount of any profits would have been charged to tax under section 35 of CTA 2009 (charge on trade profits) by virtue of section 431G(3),
- (c) the profits in respect of the business transferred for the first period of account of the transferee ending after the date on which the transfer takes effect are charged to tax under the I minus E basis, and
- (d) the conditions in paragraphs (a) and (b) of section 343(1) are satisfied in relation to the business transferred (construing references to an event as to a transfer).
- (2) The relevant fraction of any loss which (assuming the transferor had continued to carry on the business transferred after the transfer) would have been available to be set off against profits of that business (a “qualifying loss of the transferor”) shall instead be treated as a loss of the transferee . . . available to be set off against the amount of such profits chargeable under section 436A for a period of account as relate to the business transferred (that amount being determined in accordance with section 343(9) and (10), where applicable).
- (3) For the purposes of subsection (2) above “*the relevant fraction*”, in relation to a period of account, is—
$GRBTLTL$
where—
- *GRBTL* is the mean of the opening and closing liabilities of the transferred gross roll-up business for the period of account, and
- *TL* is the mean of the opening and closing liabilities of the transferred life assurance business for the period of account.
- (4) Where the transfer is of part only of the transferor's long-term business, subsection (2) above shall apply only to such part of the amount of any qualifying loss of the transferor to which it would otherwise apply as is appropriate.
- (5) Any question arising as to the operation of subsection (4) above shall be determined in the same manner as an appeal, and both the transferor and transferee shall be entitled to be a party to any proceedings.
##### 444AA
- (1) This section applies where the whole of the long-term business of a person (“*the transferor*”) is transferred from that person–
- (a) by one insurance business transfer scheme, or
- (b) by two or more insurance business transfer schemes which take effect on the same date.
- (2) Where (apart from this subsection) there would not be a periodical return of the transferor covering a period ending immediately before the transfer date, there is to be deemed for the purposes of corporation tax to be a periodical return of the transferor covering the period—
- (a) beginning immediately after the last period ending before the transfer date which is covered by a periodical return of the transferor, and
- (b) ending immediately before the transfer date.
- (3) The periodical return deemed to exist by subsection (2) above is to be deemed to contain—
- (a) such entries as would be included in an actual periodical return of the transferor covering the period mentioned in subsection (2) above, and
- (b) such entries as would be included in an actual periodical return of the transferor covering the period—
- (i) beginning immediately after the end of the period mentioned in subsection (2) above, and
- (ii) ending immediately before the transfer had effect,
and the period mentioned in subsection (2) above is to be deemed to be a period of account (but not an accounting period) of the transferor.
- (4) There is to be deemed for the purposes of corporation tax to be a periodical return of the transferor—
- (a) covering the transfer date, and
- (b) containing the appropriate entries.
- (5) In subsection (4) above “*appropriate entries*” means such entries as would be included in an actual periodical return covering the transfer date—
- (a) in line 32 of Form 40, and
- (b) in line 11 of Form 14, in both columns (treating references in that form to “current year” as references to the time immediately after the transfer date and to “previous year” as references to the time immediately before the transfer date).
- (6) A transfer date covered by a periodical return deemed to exist by subsection (4) above is to be deemed to be a period of account of the transferor only for the purpose of taking into account profits under section 444ABD.
- (7) Where—
- (a) a periodical return deemed to exist by subsection (4) above is preceded by an actual periodical return of the transferor covering the period immediately before the transfer date, and
- (b) profits are to be taken into account under section 444ABD in the period of account deemed to exist by subsection (6) above,
those profits are to be deemed for the purposes of corporation tax to be profits arising on the last day of the period of account covered by the actual periodical return.
- (8) Any actual periodical return of the transferor covering a period which includes the transfer date is to be ignored for the purposes of corporation tax.
- (9) In this section and sections 444AB to 444AECC “*the transfer date*”, in relation to an insurance business transfer scheme, means the date on which it takes effect.
##### 444AB
- (1) This section applies where—
- (a) an insurance business transfer scheme has effect to transfer long-term business of a person (“*the transferor*”) to another person (“*the transferee*”), and
- (b) condition A or condition B is met.
- (2) Condition A is met if any of the assets of the transferor's long-term insurance fund which are transferred . . . by the insurance business transfer scheme are not, immediately after their transfer—
- (a) if the transferee is an insurance company or an insurance special purpose vehicle, assets of the transferee's long-term insurance fund, or
- (b) if the transferee is not an insurance company , an insurance special purpose vehicleor a friendly society, assets of a fund of the transferee which would be a with-profits fund if the transferee were an insurance company,
(“relevant non-transferred assets”).
- (3) Condition B is met if, immediately after the transfer date, the transferor—
- (a) does not carry on long-term business, but
- (b) holds any assets which, immediately before the transfer date, were assets of its long-term insurance fund (“retained assets”).
- (4) If there are relevant non-transferred assets or retained assets (or both) the relevant amount in relation to them (see subsection (5) below) is to be taken into account under section 83(2) of the Finance Act 1989 as an increase in value of the assets of the long-term insurance fund of the transferor for the relevant period of account (see subsection (6) below).
- (5) Section 444ABA makes provision for the calculation of the relevant amount in relation to relevant non-transferred assets; and section 444ABB makes provision for its calculation in relation to retained assets.
- (5A) In this section references to assets held by the transferor after the transfer do not include—
- (a) assets held on trust for the transferee, or
- (b) assets held to meet liabilities which have been wholly reinsured and which are intended to be transferred under an insurance business transfer scheme to the reinsurer.
- (6) In this section and sections 444ABA to 444AC “*the relevant period of account*” means the period of account of the transferor ending, or treated by section 444AA(2) as ending, immediately before the transfer date.
- (7) See section 444AA for the meaning of “the transfer date” in this section.
- (8) For the purpose of paragraph (2)(a), in relation to an insurance special purpose vehicle which is not an insurance company, “*long-term insurance fund*” has the meaning it has in paragraph 4(5) of Schedule 19ABA.
##### 444ABA
- (1) For the purposes of section 444AB the relevant amount in relation to assets that are relevant non-transferred assets is—
$$FVA-BTO$where—FVA is the fair value of the assets on the transfer date, andBTO is the lesser of ABTO and AL13, where—ABTO is any amount brought into account in respect of the assets as a business transfer-out and shown (or treated as shown) in line 32 of Form 40 in the periodical return of the transferor for the period of account of the transferor including the transfer date, andAL13 is any positive amount shown (or treated as shown) in line 13 of Form 14 in the periodical return for the last period of account of the transferor ending before the transfer date.$
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) See section 444AA for the meaning of “the transfer date”. . . in this section.
##### 444ABAA
- (1) For the purposes of section 444AB the relevant amount in relation to assets that are non-profit fund transferred assets is—
$$FVA-(ABTO+TL)$where—FVA is the fair value of the assets on the transfer date,ABTO is any amount brought into account in respect of the assets as a business transfer-out and shown (or treated as shown) in line 32 of Form 40 in the periodical return of the transferor for the period of account of the transferor including the transfer date, andTL is the amount of any non-profit fund transferred liabilities which are shown (or treated as shown) in any of lines 17, 21 to 23 and 31 to 38, but not in line 61, in Form 14 in the periodical return for the period of account of the transferor ending (or treated as ending by section 444AA) immediately before the transfer date or, if there is no period of account of the transferor so ending (or treated as so ending), the amount of any liabilities which would be so shown if one did.$
- (2) In subsection (1) “*non-profit fund transferred liabilities*” means such of the liabilities of the transferor's long-term insurance fund as are transferred from the transferor to the transferee by the insurance business transfer scheme and were, immediately before their transfer, liabilities of a non-profit fund of the transferor.
- (3) See section 444AA for the meaning of “the transfer date” in this section.
#### Certified unit trusts: corporation tax.
##### 444ABB
- (1) For the purposes of section 444AB the relevant amount in relation to assets that are retained assets is—
$FVA-ABDP-RL13-RRL$
where—
- FVA is the fair value of the assets on the transfer date,
- ABDP is the amount of the profits to be taken into account as profits under section 444ABD,
- RL13 is the amount by which AL13 exceeds VE, and
- RRL is the value of any relevant retained liabilities immediately after the transfer date.
But the relevant amount is nil if it would otherwise be below nil.
- (1A) For the purposes of subsection (1) above—
- (a) AL13 is any positive amount shown (or treated as shown) in line 13 of Form 14 in the periodical return for the last period of account of the transferor ending before the transfer date;
- (b) VE is the amount (if any) by which VL32 exceeds VTL where—
- (i) VL32 is the value of the assets shown (or treated as shown) in line 32 of Form 40 in the periodical return of the transferor covering (or treated as covering) the transfer date, and
- (ii) VTL means the amount of the mathematical reserves (as determined in accordance with section 1.2 of the Insurance Prudential Sourcebook) transferred by the insurance business transfer scheme; and
- (c) relevant retained liabilities are any liabilities of the company's long-term business which are owed by the company immediately after the transfer date and are shown (or treated as shown) in any of lines 17, 21 to 23 and 31 to 38 in Form 14 in a periodical return for the period of account ending (or treated as ending by section 444AA) immediately before the transfer date.
- (2) See section 444AA for the meaning of “the transfer date” in this section.
##### 444ABBA
- (1) This section applies where an insurance business transfer scheme has effect to transfer long-term business from one person (“*the transferor*”) to another (“*the transferee*”).
- (2) If the transferor and the transferee jointly elect, the transferee (and not the transferor) is chargeable to any amount of additional corporation tax to which the transferor would otherwise be chargeable by virtue of section 444AB(4) in relation to relevant non-transferred assets.
- (3) An election under subsection (2) above—
- (a) is to be irrevocable, and
- (b) is to be made by notice to an officer of Revenue and Customs no later than the end of the period of 90 days beginning with the day following the transfer date,
and a copy of the notice containing the election must accompany the tax return of the transferee for the first accounting period ending after the transfer. Paragraphs 54 to 60 of Schedule 18 to the Finance Act 1998 (claims and elections for corporation tax purposes) do not apply to such an election.
- (4) Where an election under subsection (2) above has been made, the transferor must inform the transferee of—
- (a) the amount of any additional corporation tax to which the transferor considers the election to apply, and
- (b) the day on which that tax is due and payable,
no later than the end of the period of 8 months beginning with the day following the transfer date.
- (5) Tax chargeable on the transferee by virtue of an election under subsection (2) above—
- (a) is due in accordance with section 59D of the Management Act on the day on which it would have been due if no election had been made, and
- (b) for the purposes of that section, is to be treated as tax payable by the transferor (and not as tax payable by the transferee).
- (6) See section 444AA for the meaning of “the transfer date” in this section.
##### 444ABC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444ABD
- (1) Any profits representing the amount by which—
- (a) the amount of the mathematical reserves (as determined in accordance with section 1.2 of the Insurance Prudential Sourcebook) transferred by an insurance business transfer scheme, exceeds
- (b) the value of the assets transferred by the insurance business transfer scheme shown (or treated as shown) in line 32 of Form 40 of the periodical return of the transferor for the period of account of the transferor including the transfer date,
are to be taken into account as profits of that period of account in accordance with subsections (1A) and (1C) below.
- (1A) Where the profits of the life assurance business of the transferor for a period of account are charged to tax under section 35 of CTA 2009 (charge on trade profits) by virtue of section 431G(3), the appropriate fraction of the amount of the profits to which subsection (1) above applies is to be taken into account as profits of that period of account chargeable to tax under section 35 of that Act (and not otherwise).
- (1B) For the purposes of subsection (1A) above “the appropriate fraction” is the appropriate fraction for the purposes of section 432G(1).
- (1C) Where the profits of the life assurance business of the transferor for a period of account are charged to tax under the I minus E basis, the relevant fraction of the amount of the profits to which subsection (1) above applies is to be taken into account as profits of that period of account chargeable to tax under section 436A (and not otherwise).
- (1D) For the purposes of subsection (1C) above “the relevant fraction” is the relevant fraction for the purposes of section 432G(4).
- (1E) Where the value mentioned in paragraph (b) of subsection (1) above exceeds the amount mentioned in paragraph (a) of that subsection, the amount of the excess is not to be taken into account as a loss of the transferor.
- (2) See section 444AA for the meaning of “the transfer date” in this section.
##### 444AC
- (1) This section applies where an insurance business transfer scheme has effect to transfer . . . long-term business of a person (“*the transferor*”) to another person (“*the transferee*”) and the condition in subsection (2) below is met.
- (2) The condition is that the transferor did not carry on life assurance business that is mutual business during the relevant period of account.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The amount which (apart from this section) would be regarded as other income of the transferee for the purposes of section 83(2)(e) of the Finance Act 1989 for the period of account of the transferee which includes the transfer date is to be reduced by an amount equal to the lesser of the transferred surplus and any positive amount shown (or treated as shown) in line 13 of Form 14 in the periodical return for the last period of account of the transferor ending before the transfer date.
- (5) In subsection (4) above “*the transferred surplus*”is VE – RBTO where—
- (a) VE has the same meaning as in section 444ABB, and
- (b) RBTO means so much of BTO as relates to relevant non-transferred assets transferred to the transferee where—
- (i) BTO has the same meaning as in section 444ABA, and
- (ii) “*relevant non-transferred assets*” has the same meaning as in section 444AB.
- (5A) Where the transfer is to more than one transferee, the amount of any reduction to be made in accordance with subsection (4) above is to be apportioned to each transferee on a just and reasonable basis.
- (6) See section 444AA for the meaning of “the transfer date”, and section 444AB for the meaning of “the relevant period of account”, in this section.
##### 444ACZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444ACA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444AD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444AE
- (1) Where an insurance business transfer scheme has effect to transfer the relevant financing arrangements entered into in relation to a non-profit fund of an insurance company (“*the transferor*”) to another person (“*the transferee*”), after the transfer—
- (a) they are to be treated for the purposes of sections 83YC and 83YD of the Finance Act 1989 as having been entered into by the transferee, but
- (b) the references in those sections to earlier periods of account of the transferee include earlier periods of account of the transferor.
- (2) But if the insurance business transfer scheme has effect—
- (a) to transfer some but not all of the relevant financing arrangements entered into in relation to the non-profit fund of the transferor, or
- (b) to transfer all of those relevant financing arrangements but not all to one person,
any calculation required by virtue of section 83YC or 83YD in relation to a period of account of the transferor, or of the transferee or any of the transferees, ending after the transfer is to be made on a just and reasonable basis.
- (3) Subsection (4) below applies where—
- (a) relevant financing arrangements have been entered into in relation to a non-profit fund of an insurance company (“the old company”), and
- (b) as a result of any transaction other than an insurance business transfer scheme, another insurance company (“the new company”) becomes the debtor in respect of the money debt, or the cedant, under the financial reinsurance arrangements.
- (4) Where this subsection applies, after the transaction—
- (a) the relevant financing arrangements are to be treated for the purposes of sections 83YC and 83YD as having been entered into by the new company, but
- (b) the references in those sections to earlier periods of account of the new company include earlier periods of account of the old company, and
- (c) the transaction is not to be regarded as causing the condition in section 83YD(3) to be met in relation to the old company.
- (5) But if the transaction has effect—
- (a) to transfer some but not all of the relevant financing arrangements entered into in relation to the non-profit fund of the old company, or
- (b) to transfer all of those relevant financing arrangements but not all to one person,
any calculation required by virtue of section 83YC or 83YD in relation to a period of account of the old company, or of the new company or any of the new companies, ending after the transaction is to be made on a just and reasonable basis.
- (6) Expressions used in this section and section 83YC or 83YD have the same meanings here as there.
##### 444AEA
- (1) This section applies where—
- (a) as a result of the whole . . . of transfer scheme arrangements involving the transfer of long-term business from one person (“*the transferor*”) to another (“*the transferee*”) a life assurance trade profits advantage is obtained by the transferor or the transferee (or by both), and
- (b) the sole or main purpose, or one of the main purposes, of the whole . . . of the transfer scheme arrangements is the obtaining of that . . . advantage.
- (2) In subsection (1) above “*transfer scheme arrangements*” means an insurance business transfer scheme (“*the relevant transfer scheme*”) together with any relevant associated operations.
- (3) If a life assurance trade profits advantage is obtained by the transferor (see subsection (1) of section 444AEB), the amount of the . . . advantage (see subsection (2) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferor—
- (a) to the extent that the advantage is obtained by the transferor in the period of account covering the transfer date or any earlier period of account—
- (i) for the period of account of the transferor ending (or treated as ending) immediately before the transfer date, or
- (ii) where there is no such period, for the period of account of the transferor including the transfer date, and
- (b) to the extent that the advantage is obtained by the transferor in any later period of account of the transferor in which any relevant associated operations are effected, for that later period of account.
- (4) If a life assurance trade profits advantage is obtained by the transferee (see subsection (1) of section 444AEC), the amount of the . . . advantage (see subsection (2) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferee for the period of account of the transferee in which the advantage is obtained by the transferee.
- (5) In this section and sections 444AEB to 444AECC“*relevant associated operations*”, in relation to the relevant transfer scheme, means—
- (a) any other insurance business transfer scheme,
- (b) any contract of reinsurance,
- (c) any reconstruction or amalgamation involving the transferor, a dependant of the transferor which is an insurance undertaking or the transferee, or
- (d) any surplus-increasing transfer of assets,
which is effected in connection with the relevant transfer scheme.
- (6) In subsection (5) above—
- “*dependant*” and “*insurance undertaking*” have the same meaning as in the Insurance Prudential Sourcebook, and
- “*surplus-increasing transfer of assets*” means a transfer of assets of the transferor's long-term insurance fund to the transferee which is not brought into account for any period of account of the transferee but increases the amount of total surplus shown in line 39 of Form 58 in any periodical return of the transferee.
- (7) See section 444AA for the meaning of “the transfer date” in this section.
##### 444AEB
- (1) A life assurance trade profits advantage is obtained by the transferor if—
- (a) section 35 profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, or
- (b) section 35 losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (2) If a life assurance trade profits advantage is obtained by the transferor, the amount of the advantage is the aggregate of—
- (a) the amounts (if any) by which section 35 profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, and
- (b) the amounts (if any) by which section 35 losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (3) This section applies to a period of account if it is—
- (a) the period of account of the transferor covering the transfer date,
- (b) any earlier period of account of the transferor, or
- (c) where any relevant associated operations are effected in any later period of account, that period of account.
- (4) In this section and sections 444AEC, 444AECB and 444AECC—
- “*section 35 profits*” and “*section 35 losses*” means profits and losses computed in accordance with the life assurance trade profits provisions, and
- “the relevant time” is the time at which any application under section 444AED is made, or, if no such application is made, the transfer date.
- (5) See section 444AA for the meaning of “the transfer date”, and section 444AEA for the meaning of “relevant associated operations”, in this section.
##### 444AEC
- (1) A life assurance trade profits advantage is obtained by the transferee if—
- (a) section 35 profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, or
- (b) section 35 losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (2) If a life assurance trade profits advantage is obtained by the transferee, the amount of the advantage is—
- (a) the amount by which section 35 profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, or
- (b) the amount by which section 35 losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (3) This section applies to a period of account if it is—
- (a) the first period of account of the transferee ending after the transfer date or after the effecting of the first of any relevant associated operations (if that occurs before the transfer date),
- (b) the second period of account of the transferee ending after the transfer date or after the effecting of the last of any relevant associated operations (if that occurs after the transfer date), or
- (c) any intervening period of account.
- (4) See section 444AA for the meaning of “the transfer date”, section 444AEA for the meaning of “relevant associated operations” and section 444AEB for the meaning of “ section 35 profits” and “ section 35 losses” and “the relevant time”, in this section.
##### 444AECA
- (1) This section applies where—
- (a) as a result of any part of transfer scheme arrangements involving the transfer of long-term business from one person (“*the transferor*”) to another (“*the transferee*”) a life assurance trade profits advantage is obtained by the transferor or the transferee (or by both), and
- (b) the sole or main purpose, or one of the main purposes, of that part of the transfer scheme arrangements is the obtaining of that . . . advantage.
- (2) In subsection (1) above “*transfer scheme arrangements*” has the same meaning as in section 444AEA.
- (3) If a life assurance trade profits advantage is obtained by the transferor (see subsection (1) of section 444AECB), the amount of the . . . advantage (see subsection (3) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferor—
- (a) to the extent that the advantage is obtained by the transferor in the period of account covering the transfer date or any earlier period of account—
- (i) for the period of account of the transferor ending (or treated as ending) immediately before the transfer date, or
- (ii) where there is no such period, for the period of account of the transferor including the transfer date, and
- (b) to the extent that the advantage is obtained by the transferor in any later period of account of the transferor in which any relevant associated operations are effected, for that later period of account.
- (4) If a life assurance trade profits advantage is obtained by the transferee (see subsection (1) of section 444AECC), the amount of the . . . advantage (see subsection (2) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferee for the period of account of the transferee in which the advantage is obtained by the transferee.
- (5) See section 444AA for the meaning of “the transfer date”, and section 444AEA for the meaning of “relevant associated operations”, in this section.
##### 444AECB
- (1) A life assurance trade profits advantage is obtained by the transferor if—
- (a) section 35 profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for any part of the transfer scheme arrangements, or
- (b) section 35 losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for any part of the transfer scheme arrangements.
- (2) But if any of the relevant associated operations would, by itself, cause the section 35 profits to be greater or the section 35 losses to be less than they would be but for that operation, the amount by which those profits would be greater or those losses would be less shall be taken into account in determining whether a life assurance trade profits advantage is obtained by the transferor.
- (3) If a life assurance trade profits advantage is obtained by the transferor, the amount of the advantage is the aggregate of—
- (a) the amounts (if any) by which section 35 profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the relevant part of the arrangements, and
- (b) the amounts (if any) by which section 35 losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the relevant part of the arrangements.
- (4) This section applies to a period of account if it is—
- (a) the period of account of the transferor covering the transfer date,
- (b) any earlier period of account of the transferor, or
- (c) where any relevant associated operations are effected in any later period of account, that period of account.
- (5) In this section and section 444AECC “*the relevant part of the arrangements*” means, in relation to a life assurance trade profits advantage, the part of the transfer scheme arrangements as a result of which the advantage is obtained.
- (6) See section 444AA for the meaning of “the transfer date”, section 444AEA for the meaning of “relevant associated operations” and section 444AEB for the meaning of “ section 35 profits” and “ section 35 losses” and “the relevant time”, in this section.
##### 444AECC
- (1) A life assurance trade profits advantage is obtained by the transferee if—
- (a) section 35 profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for any part of the transfer scheme arrangements, or
- (b) section 35 losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for the any part of the transfer scheme arrangements.
- (2) But if any of the relevant associated operations would, by itself, cause the section 35 profits to be greater, or the section 35 losses to be less, than they would be but for that operation, the amount by which those profits would be greater or those losses would be less shall be taken into account in determining whether a life assurance trade profits advantage is obtained by the transferor.
- (3) If a life assurance trade profits advantage is obtained by the transferee, the amount of the advantage is—
- (a) the amount by which section 35 profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the relevant part of the arrangements, or
- (b) the amount by which section 35 losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the relevant part of the arrangements.
- (4) This section applies to a period of account if it is—
- (a) the first period of account of the transferee ending after the transfer date or after the effecting of the first of any relevant associated operations (if that occurs before the transfer date),
- (b) the second period of account of the transferee ending after the transfer date or after the effecting of the last of any relevant associated operations (if that occurs after the transfer date), or
- (c) any intervening period of account.
- (5) See section 444AA for the meaning of “the transfer date”, section 444AEA for the meaning of “relevant associated operations”, section 444AEB for the meaning of “ section 35 profits” and “ section 35 losses” and “the relevant time” and section 444AECB for the meaning of “the relevant part of the arrangements”, in this section.
##### 444AED
- (1) Sections 444AEA and 444AECA do not apply in relation to the transferor or the transferee if, on an application under this section, the Commissioners for Her Majesty's Revenue and Customs (“the HMRC Commissioners”) have given a notice under subsection (2) below.
- (2) A notice under this subsection is a notice stating that the HMRC Commissioners are satisfied—
- (a) that the obtaining of a life assurance trade profits advantage by the applicant is not the sole or main purpose of the whole or any part of the transfer scheme arrangements, or
- (b) that the transferor and the transferee are members of the same group of companies and that there is no advantage to the group arising from any life assurance trade profits advantage obtained by the transferor or by the transferee.
- (3) For the purposes of this section there is no advantage to a group arising from any life assurance trade profits advantage obtained by the transferor or by the transferee if—
- (a) as a result of transfer scheme arrangements, there is an increase in the liability to corporation tax of one or more companies which are members of the group of companies, and
- (b) the amount (or aggregate amount) of that increase is not less than the reduction in the liability to corporation tax of the transferor or the transferee (or both) arising from the obtaining of the life assurance trade profits advantage.
- (4) An application under this section must be in writing and contain particulars of the transfer scheme arrangements.
- (5) The HMRC Commissioners may by notice require the applicant to provide further particulars in order to enable them to determine the application.
- (6) A requirement may be imposed under subsection (5) above within 30 days of the receipt of the application or of any further particulars required under that subsection.
- (7) If a notice under subsection (5) above is not complied with within 30 days or such longer period as the HMRC Commissioners may allow, they need not proceed further on the application.
- (8) The HMRC Commissioners must give notice of their decision on an application under this section to the applicant within 30 days of receiving the application or, if they give a notice under subsection (5) above, within 30 days of that notice being complied with.
- (9) If the HMRC Commissioners—
- (a) give notice to the applicant under subsection (8) above that they are not satisfied as mentioned in subsection (2) above, or
- (b) do not comply with subsection (8) above,
the applicant may require them to transmit the application to the tribunal.
- (10) A requirement under subsection (9) above must be imposed within 30 days of the giving of the notice or the failure to comply and must be accompanied by any notice given under subsection (5) above and further particulars provided pursuant to any such notice.
- (11) Any notice given by the tribunal has effect for the purposes of subsection (1) above as if it were given by the HMRC Commissioners.
- (12) If any particulars provided under this section do not fully and accurately disclose all facts and considerations material for the decision of the HMRC Commissioners or the tribunal, any resulting notice that they are satisfied as mentioned in subsection (2) above is void.
- (13) For the purposes of this section two companies are members of the same group of companies if they are for the purposes of Chapter 4 of Part 10.
### Surpluses of mutual and former mutual businesses
##### 444AF
- (1) This section applies in relation to a period of account of an insurance company (“*the relevant period*”) if—
- (a) at any time in the relevant period the company carries on life assurance business that is not mutual business,
- (b) the company has an amount of undistributed demutualisation surplus for the relevant period (see subsection (7)), and
- (c) there is a reduction in the amount of the company's unappropriated surplus over the relevant period (see section 444AI).
- (2) Where this section applies in relation to the relevant period, there shall be deemed for the purposes of section 83(2) of the Finance Act 1989 to be brought into account for the relevant period as an increase in the value of the assets of the company's long-term insurance fund whichever of the following amounts is the smallest—
- (a) the amount of the reduction mentioned in subsection (1)(c) above;
- (b) the amount of the company's undistributed demutualisation surplus for the relevant period;
- (c) the amount of the company's relevant receipts reduction for the relevant period (see section 444AJ).
- (3) If the company prepares for the relevant period one or more such separate revenue accounts as are mentioned in section 83A(2)(b) of the Finance Act 1989—
- (a) subsection (2) above shall apply separately in relation to each separate revenue account which is recognised for the purposes of section 83 of that Act; and
- (b) for that purpose, any amount that falls to be determined in order to determine—
- (i) whether that subsection applies in relation to any such separate revenue account, and
- (ii) if so, the amount to be brought into account under that subsection in relation to that account,
shall be determined using only amounts or items which relate to the separate revenue account concerned.
- (4) In applying subsection (2) above in relation to a revenue account or separate revenue account which—
- (a) is recognised for the purposes of section 83 of that Act, and
- (b) is one in relation to which section 432C applies,
that subsection shall have effect as if for “smallest” there were substituted smaller and as if paragraph (c) were omitted.
- (5) This section shall have effect—
- (a) for the purposes of computing in accordance with the life assurance trade profits provisions the profits of the company's life assurance business, and
- (b) for the purposes of so computing profits of the company chargeable . . . under section 436A (gross roll-up business).
- (6) But for the purposes mentioned in subsection (5)(b) above, this section and section 444AG have effect subject to the modification in section 444AH; and the Corporation Tax Acts have effect accordingly (so that there may, in particular, be a difference between—
- (a) the amount deemed to be brought into account by virtue of subsection (2) above for a period of account for those purposes, and
- (b) the amount so deemed to be brought into account for that period of account for the purposes mentioned in subsection (5)(a) above).
- (7) For the purposes of this section, the undistributed demutualisation surplus of an insurance company for the relevant period is—
- (a) an amount equal to (UDSP – AD + DTSI – DTSO); or
- (b) if that amount is a negative amount, nil.
For this purpose—
- UDSP is the undistributed demutualisation surplus of the company for the period of account immediately preceding the relevant period,
- AD is any amount deemed under this section to be brought into account for the period of account immediately preceding the relevant period as an increase in the value of the assets of the company's long-term insurance fund,
- DTSI is the total amount of any demutualisation transfer surpluses accruing to the company during the relevant period (see section 444AG),
- DTSO is the total amount of any demutualisation transfer surpluses accruing to any other company (or companies) during the relevant period on a transfer (or transfers) of life assurance business by the company to that other company (or companies).
##### 444AG
- (1) For the purposes of section 444AF and this section, a demutualisation transfer surplus accrues to an insurance company where—
- (a) life assurance business is transferred to the company by a person (“*the transferor*”),
- (b) after the transfer, the company carries on the transferred business otherwise than as mutual business, and
- (c) the condition in subsection (2) below is satisfied in relation to the transfer.
- (2) The condition is that—
- (a) immediately before the transfer, the transferor carried on the transferred business as mutual business, or
- (b) where paragraph (a) above does not apply, some or all of the transferred business was carried on by an insurance company as mutual business at a time on or after 1st January 1990 and before the transfer (“former mutual business”).
- (3) The demutualisation transfer surplus accrues to the company on the date of the transfer.
- (4) The amount of the demutualisation transfer surplus is given by subsection (5) or (6) below.
- (5) Where subsection (2)(a) above applies, the amount of the demutualisation transfer surplus is—
- (a) where the whole of the transferor's life assurance business was transferred to the company under the transfer, the aggregate of—
- (i) the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer, and
- (ii) the amount of any added surplus accruing to the company in connection with the transfer (see subsection (10));
- (b) otherwise, a just and reasonable portion of that aggregate amount, having regard to how much of the transferor's life assurance business was transferred to the company under the transfer.
- (6) Where subsection (2)(b) above applies, the amount of the demutualisation transfer surplus is—
- (a) where the whole of the transferor's life assurance business was transferred to the company under the transfer and all of the transferred business is former mutual business, the former mutual surplus of the transferor on the transfer date (see subsection (7));
- (b) otherwise, so much of that former mutual surplus as it is just and reasonable to attribute to the company, having regard in particular to—
- (i) how much of the transferor's life assurance business was transferred to the company under the transfer, and
- (ii) how much of the transferred business is former mutual business.
- (7) For the purposes of subsection (6) above, the former mutual surplus of the transferor on the transfer date is—
- (a) the amount given by subsection (8) below, or
- (b) if less, the amount given by subsection (9) below.
- (8) The amount given by this subsection is the total amount of any demutualisation transfer surpluses accruing to the transferor—
- (a) on or after 1st January 1990, and
- (b) on or before the date of the transfer.
- (9) The amount given by this subsection is the lowest amount of unappropriated surplus of the transferor at the end of any period of account ending—
- (a) on or after the date of the last occasion on which a demutualisation transfer surplus accrued to it as mentioned in subsection (8) above, and
- (b) on or before the date of the transfer.
- (10) For the purposes of this section, added surplus accrues to the company in connection with the transfer if—
- (a) an amount of assets is received by the company in connection with the transfer, no later than six months after the date of the transfer,
- (b) the amount is not brought into account by the company,
- (c) the amount is added to the unappropriated surplus of the company, and
- (d) the amount does not derive from any unappropriated surplus of the transferor;
and the amount of the added surplus is the amount referred to in paragraphs (a) to (d) above.
##### 444AH
- (1) The modification in this section has effect for the purposes mentioned in section 444AF(5)(b) only.
- (2) In relation to any demutualisation transfer surplus accruing to a company in a post-2002 period of account—
- (a) the references in section 444AG(5) to the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer shall be taken to be references to—
- (i) the amount of that unappropriated surplus, or
- (ii) if less, the unappropriated surplus of the transferor at the end of the period of account immediately preceding the first post-2002 period of account of the transferor; and
- (b) the references in sections 444AF and 444AG to the amount of any demutualisation transfer surplus are to have effect accordingly.
- (3) In this section “*post-2002 period of account*”, in relation to an insurance company, means a period of account of the company beginning on or after 1st January 2003 and ending on or after 9th April 2003.
##### 444AI
- (1) For the purposes of section 444AF—
- (a) there is a reduction in the amount of the company's unappropriated surplus over the relevant period if CUS is less than (OUS + TSI – TSO);
- (b) the amount of that reduction is the amount by which CUS is less than (OUS + TSI – TSO).
- (2) In this section—
- CUS is the amount of the company's unappropriated surplus at the end of the relevant period,
- OUS is the amount of the company's unappropriated surplus at the end of the period of account immediately preceding the relevant period,
- TSI is the total amount of any transfer surpluses accruing to the company during the relevant period (see subsections (3) to (7)),
- TSO is the total amount of any transfer surpluses accruing to any other company (or companies) during the relevant period on a transfer (or transfers) of life assurance business by the company to that other company (or companies).
- (3) For the purposes of this section, a transfer surplus accrues to an insurance company where life assurance business is transferred to the company by a person (“*the transferor*”).
- (4) The transfer surplus accrues to the company on the date of the transfer.
- (5) The amount of the transfer surplus is equal to so much of the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer as is transferred to the company under the transfer.
- (6) But if, immediately before the transfer, the transferor carried on the transferred business as mutual business, the amount of the transfer surplus is the aggregate of—
- (a) the amount given by subsection (5) above, and
- (b) the amount of any added surplus accruing to the company in connection with the transfer.
- (7) Subsection (10) of section 444AG applies for the purposes of subsection (6) above as it applies for the purposes of that section.
##### 444AJ
- (1) For the purposes of sections 444AF and 444AK, the amount of the company's relevant receipts reduction for the relevant period is to be calculated by—
- (a) determining, in the case of each with-profits fund of the company, the amount given by subsection (2) or (6) below for the relevant period, and
- (b) aggregating each of those amounts.
- (2) The amount, in the case of a fund other than a policy holder participation fund, is—
- (a) where the gross transfer to non-technical account for the fund for the relevant period (see subsections (3) and (4)) is greater than the post-policy holder surplus for the fund for the relevant period (see subsection (5)), the amount of the difference;
- (b) otherwise, nil.
- (3) In this section “*the gross transfer to non-technical account*” means the amount shown in line 13 of Form 58 for the fund.
- (4) But if—
- (a) there is a transfer from a with-profits fund of the company to another fund of the company (“the initial transfer”) which is shown in (or included in an amount shown in) line 14 of Form 58 for the with-profits fund,
- (b) there is a transfer from a fund of the company (whether or not the other fund mentioned in paragraph (a) above) to the non-technical account which is shown in (or included in an amount shown in) line 13 of Form 58 for that fund, and
- (c) the transfer to the non-technical account can reasonably be regarded as connected with the initial transfer,
the amount of the gross transfer to non-technical account for the relevant period given by subsection (3) above in the case of the with-profits fund is to be increased by the amount transferred to the non-technical account.
- (5) In this section “*post-policy holder surplus*” means an amount equal to—
$$SA-TAP$where—SA is—(a) the amount shown in line 34 of Form 58 for the fund (surplus arising since last valuation), or(b) if that amount is a negative amount, nil;TAP is the amount shown in line 46 of Form 58 for the fund (total allocated to policy holders).$
- (6) The amount, in the case of a policy holder participation fund, is—
- (a) where TAP is greater than SA, the amount of the difference;
- (b) otherwise, nil;
and for this purpose “*SA*” and “*TAP*” have the same meaning as in subsection (5) above.
- (7) References in this section to Form 58 are references to that Form in the periodical return of the company for the relevant period.
- (8) In this section “*policy holder participation fund*” means a fund in the case of which an amount equal to the amount shown in line 34 of Form 58 for the fund is allocated to policy holders for the relevant period.
##### 444AK
- (1) This section applies if at any time in a period of account of an insurance company (“*the relevant period*”)—
- (a) the company carries on life assurance business as mutual business, and
- (b) the company carries on gross roll-up business.
- (2) If there is a reduction in the amount of the company's unappropriated surplus over the relevant period, there shall be deemed for the purposes of section 83(2) of the Finance Act 1989 to be brought into account for the relevant period as an increase in the value of the assets of the company's long-term insurance fund—
- (a) the amount of that reduction, or
- (b) if less, the amount of the company's relevant receipts reduction for the relevant period (see section 444AJ).
- (3) But subsection (2) above shall have effect only for the purposes of computing in accordance with the life assurance trade profits provisions the profits for the relevant period of the company's gross roll-up business.
- (4) If the company prepares for the relevant period one or more such separate revenue accounts as are mentioned in section 83A(2)(b) of the Finance Act 1989—
- (a) subsection (2) above shall apply separately in relation to each separate revenue account which is recognised for the purposes of section 83 of that Act; and
- (b) for that purpose, any amount that falls to be determined in order to determine—
- (i) whether that subsection applies in relation to any such separate revenue account, and
- (ii) if so, the amount to be brought into account under that subsection in relation to that account,
shall be determined using only amounts or items which relate to the separate revenue account concerned.
- (5) In applying subsection (2) above in relation to a revenue account or separate revenue account which—
- (a) is recognised for the purposes of section 83 of that Act, and
- (b) is one in relation to which section 432C applies,
that subsection shall have effect as if paragraph (b) and the word “or” before it were omitted.
- (6) For the purposes of this section, there is a reduction in the amount of the company's unappropriated surplus over the relevant period if—
- (a) CUS is less than OUS, and
- (b) CUS is less than UUS.
- (7) The amount of that reduction is—
- (a) the amount by which CUS is less than OUS, or
- (b) if OUS is greater than UUS, the amount by which CUS is less than UUS.
- (8) In this section—
- CUS is the amount of the company's unappropriated surplus at the end of the relevant period,
- OUS is the amount of the company's unappropriated surplus at the end of the period of account immediately preceding the relevant period,
- UUS is the amount of the company's unappropriated surplus at the end of the period of account immediately preceding the first period of account of the company to begin on or after 1st January 2003 and to end on or after 9th April 2003.
##### 444AL
- (1) This section applies for the purposes of sections 444AF to 444AK.
- (2) References to mutual business, in relation to any time, include business which at that time is treated for the purposes of section 432E as mutual business.
- (3) “*Unappropriated surplus*”, in relation to a period of account of an insurance company, means an unappropriated surplus on valuation as shown in the periodical return of the company for the period of account.
- (4) References to the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer are, where a period of account of the transferor does not end at that time, references to the unappropriated surplus on valuation that would have been shown in a periodical return of the transferor for that period had such a return been drawn up.
### Provisions applying in relation to overseas life insurance companies
##### 444B
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#### Certified unit trusts: distributions.
##### 444C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Equalisation reserves
##### 444BA
- (1) Subject to the following provisions of this section and to sections 444BB to 444BD, the rules in subsection (2) below shall apply in making any computation, for the purposes of section 35 of CTA 2009 (charge on trade profits), of the profits or losses for any accounting period of an insurance company whose business has at any time been or included business in respect of which it was required, by virtue of equalisation reserve rules, to maintain an equalisation reserve.
- (2) Those rules are—
- (a) that amounts which, in accordance with equalisation reserve rules, are transferred into the equalisation reserve in respect of the company’s business for the accounting period in question are to be deductible;
- (b) that amounts which, in accordance with any such regulations, are transferred out of the reserve in respect of the company’s business for that period are to be treated as receipts of that business; and
- (c) that it must be assumed that all such transfers as are required by equalisation reserve rules to be made into or out of the reserve in respect of the company’s business for any period are made as required.
- (3) Where an insurance company having any business in respect of which it is required, by virtue of equalisation reserve rules, to maintain an equalisation reserve ceases to trade—
- (a) any balance which exists in the reserve at that time for the purposes of the Tax Acts shall be deemed to have been transferred out of the reserve immediately before the company ceases to trade; and
- (b) that transfer out shall be deemed to be a transfer in respect of the company’s business for the accounting period in which the company so ceases and to have been required by equalisation reserve rules.
- (4) Where—
- (a) an amount is transferred into an equalisation reserve in respect of the business of an insurance company for any accounting period,
- (b) the rule in subsection (2)(a) above would apply to the transfer of that amount but for this subsection,
- (c) that company by notice in writing to an officer of the Board makes an election in relation to that amount for the purposes of this subsection, and
- (d) the notice of the election is given not more than two years after the end of that period,
the rule mentioned in subsection (2)(a) above shall not apply to that transfer of that amount and, instead, the amount transferred (the “unrelieved transfer”) shall be carried forward for the purposes of subsection (5) below to the next accounting period and (subject to subsection (6) below) from accounting period to accounting period.
- (5) Where—
- (a) in accordance with equalisation reserve rules, a transfer is made out of an equalisation reserve in respect of an insurance company’s business for any accounting period,
- (b) the rule in subsection (2)(b) above would apply to the transfer but for this subsection, and
- (c) the accounting period is one to which any amount representing one or more unrelieved transfers has been carried forward under subsection (4) above,
that rule mentioned in subsection (2)(b) above shall not apply to that transfer except to the extent (if any) that the amount of the transfer exceeds the aggregate of the amounts representing unrelieved transfers carried forward to that period.
- (6) Where in the case of any company—
- (a) any amount representing one or more unrelieved transfers is carried forward to an accounting period in accordance with subsection (4) above, and
- (b) by virtue of subsection (5) above the rule in subsection (2)(b) above does not apply to an amount representing the whole or any part of any transfer out of an equalisation reserve in respect of the company’s business for that period,
the amount mentioned in paragraph (a) above shall not be carried forward under subsection (4) above to the next accounting period except to the extent (if any) that it exceeds the amount mentioned in paragraph (b) above.
- (7) To the extent that any actual or assumed transfer in accordance with equalisation reserve rules of any amount into an equalisation reserve is attributable to arrangements entered into wholly or mainly for tax purposes—
- (a) the rule in subsection (2)(a) above shall not apply to that transfer; and
- (b) the making of that transfer shall be disregarded in determining, for the purposes of the Tax Acts, whether and to what extent there is subsequently any requirement to make a transfer into or out of the reserve in accordance with equalisation reserve rules;
and this subsection applies irrespective of whether the insurance company in question is a party to the arrangements.
- (8) For the purposes of this section the transfer of an amount into an equalisation reserve is attributable to arrangements entered into wholly or mainly for tax purposes to the extent that the arrangements to which it is attributable are arrangements—
- (a) the sole or main purpose of which is, or
- (b) the sole or main benefit accruing from which might (but for subsection (7) above) be expected to be,
the reduction by virtue of this section of any liability to tax.
- (9) Where—
- (a) any transfer made into or out of an equalisation reserve maintained by an insurance company is made in accordance with equalisation reserve rules in respect of business carried on by that company over a period (“the equalisation period”), and
- (b) parts of the equalisation period are in different accounting periods,
the amount transferred shall be apportioned for the purposes of this section between the different accounting periods in the proportions that correspond to the number of days in the equalisation period that are included in each of those accounting periods.
- (10) The Treasury may by regulations provide in relation to any accounting periods ending on or after 1st April 1996 for specified transitional provisions contained in equalisation reserve rules to be disregarded for the purposes of the Tax Acts in determining how much is required, on any occasion, to be transferred into or out of any equalisation reserve in accordance with the rules.
- (11) In this section, and in sections 444BB to 444BD, “equalisation reserves rules” means the rules in chapter 1.4 of the Insurance Prudential Sourcebook.
##### 444BB
- (1) The Treasury may by regulations make provision modifying section 444BA so as, in cases mentioned in subsection (2) below—
- (a) to require—
- (i) sums by reference to which the amount of any transfer into or out of an equalisation reserve falls to be computed, or
- (ii) the amount of any such transfer,
to be apportioned between different parts of the business carried on for any period by an insurance company; and
- (b) to provide for the purposes of corporation tax for the amounts taken to be transferred into or out of an equalisation reserve to be computed disregarding any such sum or, as the case may be, any such part of a transfer as is attributed, in accordance with the regulations, to a part of the business described for the purpose in the regulations.
- (2) Those cases are cases where an insurance company which, in accordance with equalisation reserve rules, is required to make transfers into or out of an equalisation reserve in respect of any business carried on by that company for any period is carrying on, for the whole or any part of that period—
- (a) any business the income and gains of which fall to be disregarded in making a computation of the company’s profits in accordance with the rules applicable for the purposes of section 35 of CTA 2009 (charge on trade profits), or
- (b) any business by reference to which double taxation relief is afforded in respect of any income or gains.
- (3) Section 444BA shall have effect (subject to any regulations under subsection (1) above) in the case of an equalisation reserve maintained by an insurance company which—
- (a) is not resident in the United Kingdom, and
- (b) carries on business in the United Kingdom through a permanent establishment,
only if such conditions as may be prescribed by regulations made by the Treasury are satisfied in relation to that company and in relation to transfers into or out of that reserve.
- (4) Regulations under this section prescribing conditions subject to which section 444BA is to apply in the case of any equalisation reserve maintained by an insurance company may—
- (a) contain conditions imposing requirements on the company to furnish the Board with information with respect to any matters to which the regulations relate, or to produce to the Board documents or records relating to any such matters; and
- (b) provide that, where any prescribed condition is not, or ceases to be, satisfied in relation to the company or in relation to transfers into or out of that reserve, there is to be deemed for the purposes of the Tax Acts to have been a transfer out of that reserve of an amount determined under the regulations.
- (5) Regulations under this section may—
- (a) provide for apportionments under the regulations to be made in such manner, and by reference to such factors, as may be specified or described in the regulations;
- (b) make different provision for different cases;
- (c) contain such supplementary, incidental, consequential and transitional provision as the Treasury may think fit;
- (d) make provision having retrospective effect in relation to accounting periods beginning not more than one year before the time when the regulations are made;
and the powers conferred by this section in relation to transfers into or out of any reserve shall be exercisable in relation to both actual and assumed transfers.
- (6) In this section “*double taxation relief*” means—
- (a) relief under double taxation arrangements which takes the form of a credit allowed against corporation tax, or
- (b) unilateral relief under section 790(1) which takes that form;
and “*double taxation arrangements*” here means arrangements having effect by virtue of section 788.
##### 444BC
- (1) The Treasury may by regulations make provision modifying the operation of section 444BA in relation to cases where an insurance company has, for the purpose of preparing the documents it is required to prepare for the purposes of section 9.3 of the Prudential Sourcebook (Insurers), applied for any period an accounting method described in paragraph 52 or 53 of Schedule 9A to the Companies Act 1985 (accounting on a non-annual basis).
- (2) Subsection (5) of section 444BB applies for the purposes of this section as it applies for the purposes of that section.
##### 444BD
- (1) The Treasury may by regulations provide for section 444BA to have effect, in such cases and subject to such modifications as may be specified in the regulations, in relation to any equivalent reserves as it has effect in relation to equalisation reserves maintained by virtue of equalisation reserve rules.
- (2) For the purposes of this section a reserve is an equivalent reserve if—
- (a) it is maintained, otherwise than by virtue of equalisation reserve rules, either—
- (i) by an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of insurance in the United Kingdom, or
- (ii) by a firm which has permission under paragraph 4 of Schedule 4 to that Act (as a result of qualifying for authorisation under paragraph 2 of that Schedule) to effect or carry out contracts of insurance in the United Kingdom, or
- (iii) in respect of any business which consists of the effecting or carrying out of contracts of insurance and which is carried on outside the United Kingdom by a company resident in the United Kingdom;
- (b) the purpose for which, or the manner in which, it is maintained is such as to make it equivalent to an equalisation reserve maintained by virtue of equalisation reserve rules.
- (3) For the purposes of this section a reserve is also an equivalent reserve if it is maintained in respect of any credit insurance business in accordance with requirements imposed either—
- (a) by or under any enactment, or
- (b) under so much of the law of any territory as secures compliance with the requirements of Article 1 of the credit insurance directive (equalisation reserves for credit insurance).
- (4) Without prejudice to the generality of subsection (1) above, the modifications made by virtue of that subsection may—
- (a) provide for section 444BA to apply in the case of an equivalent reserve only where such conditions as may be specified in the regulations are satisfied in relation to the company maintaining the reserve or in relation to transfers made into or out of it; and
- (b) contain any other provision corresponding to any provision which, in the case of a reserve maintained by virtue of equalisation reserve rules, may be made under sections 444BA to 444BC.
- (5) Subsections (4) and (5) of section 444BB shall apply for the purposes of this section as they apply for the purposes of that section.
- (6) Without prejudice to the generality of section 444BB(5), the transitional provision which by virtue of subsection (5) above may be contained in regulations under this section shall include—
- (a) provision for treating the amount of any transfers made into or out of an equivalent reserve in respect of business carried on for any specified period as increased by the amount by which they would have been increased if no transfers into the reserve had been made in respect of business carried on for an earlier period; and
- (b) provision for excluding from the rule in section 444BA(2)(b) so much of any amount transferred out of an equivalent reserve as represents, in pursuance of an apportionment made under the regulations, the transfer out of that reserve of amounts in respect of which there has been no entitlement to relief by virtue of section 444BA(2)(a).
- (7) In this section—
- “credit insurance business” means business which consists of the effecting or carrying out of contracts of insurance against risks of loss to the persons insured arising from—the insolvency of debtors of theirs, orfrom the failure (otherwise than through insolvency) of debtors of theirs to pay their debts when due;
- “*the credit insurance directive*” means Council Directive [87/343/EEC](https://www.legislation.gov.uk/european/directive/1987/0343) of 22nd June 1987 amending, as regards credit insurance and suretyship insurance, First Directive 73/239 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance; . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 98 (tied premises: receipts and expenses treated as those of trade).
- (5) Part 1 of Schedule 22 to the Finance Act 2001 (deduction for capital expenditure on remediation of contaminated land) applies in accordance with subsection (1), and the other Parts of that Schedule (further provision as to relief for remediation of contaminated land) have effect in relation to a Schedule A business in accordance with their provisions.
##### 21B
The following provisions apply for the purposes of Schedule A in relation to a Schedule A business as they apply for the purposes of Case I of Schedule D in relation to a trade—
- sections 103 to 106 . . . and 110 (post-cessation receipts and expenses, etc.) , with any reference to a trade within the charge to income tax being read as a reference to a UK property business;
##### 458A
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##### 461A
- (1) For the purposes of sections 461B and 461C, a “*qualifying society*” is an incorporated friendly society which—
- (a) immediately before its incorporation, was a registered friendly society to which section 461(2) did not apply,
- (b) was formed otherwise than by the incorporation of a registered friendly society or the amalgamation of two or more friendly societies and satisfies subsection (2) below, or
- (c) was formed by the amalgamation of two or more friendly societies and satisfies subsection (3) below,
and in respect of which no direction under section 461C(5) is in force.
- (2) A society satisfies this subsection if its business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by the Board.
- (3) If at the time of the amalgamation referred to in subsection (1)(c) above—
- (a) section 461(2) applied to none of the registered friendly societies being amalgamated (if any), and
- (b) all of the incorporated friendly societies being amalgamated (if any) were qualifying societies,
the society formed by the amalgamation satisfies this subsection.
- (4) For the purposes of this section and section 461C, any group of persons which was approved for the purposes of this section (as mentioned in subsection (2) above) by the Friendly Societies Commission immediately before 1st December 2001 shall be treated as having been approved for the purposes of this section by the Board on that date.
##### 461B
- (1) Subject to the following provisions of this section, a qualifying society shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains) on its profits other than those arising from life or endowment business.
- (2) Subsection (1) above shall not apply to any profits arising or accruing to the society from, or by reason of its interest in, a body corporate which is a subsidiary (within the meaning of the Friendly Societies Act 1992) of the society or of which the society has joint control (within the meaning of that Act).
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) If an incorporated friendly society which is not a qualifying society makes a payment to a member in respect of his interest in the society and the payment is made otherwise than in the course of life or endowment business and exceeds the aggregate of any sums paid by him to the society by way of contributions or deposits, after deducting from that aggregate the amount of—
- (a) any previous payment so made to him by the society, and
- (b) any earlier repayment of such sums paid by him,
the excess shall be treated for the purposes of corporation tax and income tax as a qualifying distribution.
- (4) In relation to an incorporated friendly society which, immediately before its incorporation, was a registered friendly society to which section 461(2) applied—
- (a) the references in subsection (3) above to sums paid to the society shall include sums paid to the registered friendly society,
- (b) the reference in subsection (3)(a) above to any payment made by the society shall include any payment made by the registered friendly society after 26 March 1974 or such later date as was specified in any direction under section 461 (7) relating to it, and
- (c) the reference in subsection (3)(b) above to any repayment shall include any repayment made by the registered friendly society.
- (5) Where a qualifying society at any time ceases by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act, the company into which the society is converted shall be exempt from . . . corporation tax on its profits arising from any part of its business, other than life or endowment business, which relates to contracts made before that time.
- (6) But if during an accounting period of the company there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on any such part of its business, the company shall not be exempt from corporation tax by virtue of subsection (5) above for that or any subsequent accounting period.
- (6A) Where—
- (a) at any time an insurance company acquires by way of transfer of engagements from a qualifying society any business other than life or endowment business, and
- (b) immediately before that time the society was exempt from corporation tax on profits arising from that business,
the insurance company shall be exempt from corporation tax on its profits arising from any part of that business which relates to contracts made before that time.
- (6B) But if during an accounting period of the insurance company there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on any such part of that business, the company shall not be exempt from corporation tax by virtue of subsection (6A) above for that or any subsequent accounting period.
- (7) Any part of a company’s business to which an exemption under subsection (5) or (6A) above relates shall be treated for the purposes of the Corporation Tax Acts as a separate business from any other business carried on by the company.
- (8) The Treasury may by regulations provide that, where any part of the business of a company is exempt from corporation tax by virtue of subsection (5) or (6A) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (9) Regulations under subsection (8) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
##### 461C
- (1) Subject to subsection (2) below, subsections (3) and (4) below apply where a qualifying society—
- (a) begins to carry on business other than life or endowment business, or
- (b) in the opinion of the Board, begins to carry on business other than life or endowment business on an enlarged scale or of a new character.
- (2) Subsections (3) and (4) below do not apply if—
- (a) the society’s business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of section 461 or 461A by the Board, or
- (b) the society’s rules limit the aggregate amount which may be paid by a member by way of contributions and deposits to not more than £1 per month or such greater amount as is authorised for the purposes of section 461.
- (3) If it appears to the Board, having regard to the restrictions imposed by section 461 on registered friendly societies registered after 31st May 1973, that for the protection of the revenue it is expedient to do so, the Board may give a direction to the society under subsection (4) below.
- (4) A direction under this subsection is that (and has the effect that) the society to which it is given shall cease to be a qualifying society as from the date of the direction.
- (5) A society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction . . . on the ground that—
- (a) it has not begun to carry on business as mentioned in subsection (1) above;
- (b) subsections (3) and (4) above do not apply to it by reason of subsection (2) above; or
- (c) the direction is not necessary for the protection of the revenue.
##### 461D
- (1) Where—
- (a) at any time a friendly society (“*the transferee*”) acquires by way of transfer of engagements or amalgamation from another friendly society (“*the transferor*”) any business, other than life or endowment business, consisting of business which relates to contracts made before that time, and
- (b) immediately before that time the transferor was exempt from corporation tax on profits arising from that business,
the transferee is so exempt after that time.
- (2) But if during an accounting period of the transferee there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on that business, the transferee shall not be exempt from corporation tax by virtue of subsection (1) above for that or any subsequent accounting period.
- (3) Where—
- (a) at any time a friendly society (“*the transferee*”) acquires by way of transfer of engagements or amalgamation from another friendly society (“*the transferor*”) any business, other than life or endowment business, consisting of business which relates to contracts made before that time, and
- (b) immediately before that time the transferor was not exempt from corporation tax on profits arising from that business,
the transferee is not so exempt after that time.
- (4) The Treasury may by regulations provide that, where any business of a friendly society is exempt from corporation tax by virtue of subsection (1) above, or not so exempt by virtue of subsection (3) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (5) Regulations under subsection (4) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
##### 462A
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#### Relevant deposits: computation of tax on interest.
##### 465A
- (1) This section applies where any assets of a branch of a registered friendly society have been identified in a scheme under section 6(5) of the Friendly Societies Act 1992 (property, rights etc. excluded from transfer to the society on its incorporation).
- (2) In relation to any time after the incorporation of the society, the assets shall be treated for the purposes of the Tax Acts as assets of the society (and, accordingly, any tax liability arising in respect of them shall be a liability of the society rather than of the branch).
- (3) Where, by virtue of this section, tax in respect of any of the assets becomes chargeable on and is paid by the society, the society may recover from the trustees in whom those assets are vested the amount of the tax paid.
##### 468AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Determination of reduced rate for building societies and composite rate for banks etc.
##### 468C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of oil extraction activities etc. for tax purposes.
##### 468EE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Distributions of authorised unit trusts: general
##### 468H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Dividend and foreign income distributions
##### 468J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468K
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Interest distributions
##### 468L
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of oil disposed of or appropriated in certain circumstances.
##### 468M
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468N
- (1) Subsection (2) below applies where—
- (a) an interest distribution is made for a distribution period to a unit holder; and
- (b) the gross income entered in the distribution accounts for the purposes of computing the total amount available for distribution to unit holders does not derive from eligible income entirely.
- (2) Where this subsection applies, the obligation to deduct under section 349(2) shall not apply to the relevant amount of the interest distribution to the unit holder if the residence condition is on the distribution date fulfilled with respect to him.
- (3) Section 468O makes provision with respect to the circumstances in which the residence condition is fulfilled with respect to a unit holder.
- (4) This is how to calculate the relevant amount of the interest distribution—
$$R=AxBC$Where—R = the relevant amount;A = the amount of the interest distribution before deduction of tax to the unit holder in question;B = such amount of the gross income as derives from eligible income;C = the amount of the gross income.$
- (5) In subsection (4) above the references to the gross income are references to the gross income entered as mentioned in subsection (1)(b) above.
##### 468O
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468P
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468PA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468PB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Distributions to corporate unit holder
##### 468Q
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468R
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 469A
- (1) The Tax Acts shall have effect in relation to any common investment fund established under section 42 of the Administration of Justice Act 1982 (common investment funds for money paid into court) as if—
- (a) the fund were an authorised unit trust;
- (b) the person who is for the time being the investment manager of the fund were the trustee of that authorised unit trust; and
- (c) the persons with qualifying interests were the unit holders in that authorised unit trust.
- (1A) For the purposes of subsection (1)(c) above, the persons with qualifying interests are—
- (a) in relation to shares in the fund held by the Accountant General, the persons whose interests entitle them, as against him, to share in the fund’s investments;
- (b) in relation to shares in the fund held by any other person authorised by the Lord Chancellor to hold such shares on behalf of others (an “authorised person”)—
- (i) if there are persons whose interests entitle them, as against the authorised person, to share in the fund’s investments, those persons;
- (ii) if not, the authorised person;
- (c) in relation to shares in the fund held by persons authorised by the Lord Chancellor to hold such shares on their own behalf, those persons.
- (2) In this section “*the Accountant General*” means . . . the Accountant General of the Supreme Court of Judicature in England and Wales or the Accountant General of the Supreme Court of Judicature of Northern Ireland.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 472A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 477A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . Dividends or interest payable in respect of shares in, or deposits with or loans to, a building society shall be dealt with for the purposes of corporation tax as follows—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) no part of any such dividends or interest . . . shall be treated as a distribution of the society or as franked investment income of any company resident in the United Kingdom.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) In this section “*dividend*” includes any distribution (whether or not described as a dividend).
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 477B
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##### 480A
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##### 480B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Loan relationships etc.
##### 480C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation in respect of other business.
##### 482A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### PETROLEUM EXTRACTION ACTIVITIES
##### 494AA
- (1) This section applies where—
- (a) a company (“*the seller*”) carrying on a trade has disposed of an asset which was used for the purposes of that trade, or an interest in such an asset;
- (b) the asset is used, under a lease, by the seller or a company associated with the seller (“*the lessee*”) for the purposes of a ring fence trade carried on by the lessee; and
- (c) the lessee uses the asset before the end of the period of two years beginning with the disposal.
- (2) Subject to subsection (4) below, subsection (3) below applies to so much (if any) of the expenditure incurred by the lessee under the lease as—
- (a) falls, in accordance with generally accepted accounting practice, to be treated in the accounts of the lessee as a finance charge;. . . or
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) falls, if the case is one where the lease is a long funding operating lease, to be deductible in computing the profits of the lessee for the purposes of corporation tax (after first making against any such expenditure any reductions falling to be made by virtue of section 502K).
- (3) The expenditure shall not be allowable in computing for the purposes of Part 3 of CTA 2009 the profits of the ring fence trade.
- (4) Expenditure shall not be disallowed by virtue of subsection (3) above to the extent that the disposal referred to in subsection (1) above is made for a consideration which—
- (a) is used to meet expenditure incurred by the seller in carrying on oil extraction activities or in acquiring oil rights otherwise than from a company associated with the seller; or
- (b) is appropriated to meeting expenditure to be so incurred by the seller.
- (5) Where any expenditure—
- (a) would apart from subsection (3) above be allowable in computing for the purposes of Part 3 of CTA 2009 the profits of the ring fence trade for an accounting period, but
- (b) by virtue of that subsection is not so allowable,
that expenditure shall be brought into account for the purposes of Part 5 of CTA 2009 as if it were a non-trading debit in respect of a loan relationship of the lessee for that accounting period.
- (6) In this section —
- “*long funding operating lease*” means a long funding operating lease for the purposes of Part 2 of the Capital Allowances Act (see section 70YI(1) of that Act);
- “*lease*”, in relation to an asset, has the same meaning as in sections 781 to 784.
##### 494A
- (1) In section 403(3) (availability of charges, UK property business losses and management expenses for surrender as group relief) the reference to the gross profits of the surrendering company for an accounting period does not include the company’s relevant ring fence profits for that period.
- (2) If for that period—
- (a) there are no charges on income paid by the company that are allowable under section 338, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
all the company’s ring fence profits are relevant ring fence profits.
- (3) In any other case the company’s relevant ring fence profits are so much of its ring fence profits as exceeds the amount of the charges on income paid by the company as—
- (a) are allowable under section 338 for that period, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 496A
Schedule 19B to this Act (exploration expenditure supplement) shall have effect.
##### 496B
Schedule 19C to this Act (ring fence expenditure supplement) shall have effect.
#### Sale and lease-back.
##### 501A
- (1) Where in any accounting period beginning on or after 17th April 2002 a company carries on a ring fence trade, a sum equal to 20 per cent of its adjusted ring fence profits for that period shall be charged on the company as if it were an amount of corporation tax chargeable on the company.
- (2) A company’s adjusted ring fence profits for an accounting period are the amount which, on the assumption mentioned in subsection (3) below, would be determined for that period (in accordance with this Chapter) as the profits of the company’s ring fence trade chargeable to corporation tax.
- (3) The assumption is that financing costs are left out of account in computing—
- (a) the amount of the profits or loss of any ring fence trade of the company’s for each accounting period beginning on or after 17th April 2002; and
- (b) where for any such period the whole or part of any loss relief is surrendered to the company in accordance with section 492(8), the amount of that relief or, as the case may be, that part.
- (4) For the purposes of this section, “*financing costs*” means the costs of debt finance.
- (5) In calculating the costs of debt finance for an accounting period the matters to be taken into account include—
- (a) any costs giving rise to debits in respect of debtor relationships of the company under Part 5 of CTA 2009 (loan relationships) , other than debits in respect of exchange losses from such relationships (see section 475 of that Act);
- (b) any exchange gain or loss from a debtor relationship, within the meaning of that Part (see section 475 of that Act), in relation to debt finance;
- (c) any credit or debit falling to be brought into account in accordance with Part 7 of CTA 2009 (derivative contracts) in relation to debt finance;
- (d) the financing cost implicit in a payment under a finance lease;
- (dd) where the company is the lessee under a long funding operating lease, the amount deductible in respect of payments under the lease in computing the profits of the lessee for the purposes of corporation tax (after first making against any such amount any reductions falling to be made by virtue of section 502K); and
- (e) any other costs arising from what would be considered in accordance with generally accepted accounting practice to be a financing transaction.
- (6) Where an amount representing the whole or part of a payment falling to be made by a company—
- (a) falls (or would fall) to be treated as a finance charge under a finance lease for the purposes of accounts relating to that company and one or more other companies and prepared in accordance with generally accepted accounting practice, but
- (b) is not so treated in the accounts of the company,
the amount shall be treated for the purposes of this section as financing costs falling within subsection (5)(d) above.
- (7) If—
- (a) in computing the adjusted ring fence profits of a company for an accounting period, an amount falls to be left out of account by virtue of subsection (5)(d) above, but
- (b) the whole or any part of that amount is repaid,
the repayment shall also be left out of account in computing the adjusted ring fence profits of the company for any accounting period.
- (8) In this section “*finance lease*” means any arrangements—
- (a) which provide for an asset to be leased or otherwise made available by a person to another person (“*the lessee*”), and
- (b) which, under generally accepted accounting practice,—
- (i) fall (or would fall) to be treated, in the accounts of the lessee or a person connected with the lessee, as a finance lease or a loan, or
- (ii) are comprised in arrangements which fall (or would fall) to be so treated.
- (9) For the purposes of applying subsection (8)(b) above, the lessee and any person connected with the lessee are to be treated as being companies which are incorporated in a part of the United Kingdom.
- (10) In this section “*accounts*”, in relation to a company, includes any accounts which—
- (a) relate to two or more companies of which that company is one, and
- (b) are drawn up in accordance with generally accepted accounting practice.
- (11) In this section “*long funding operating lease*” means a long funding operating lease for the purposes of Part 2 of the Capital Allowances Act (see section 70YI(1) of that Act).
##### 501B
- (1) Subject to subsection (3) below, the provisions of section 501A(1) relating to the charging of a sum as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Acts, and to any necessary modifications, all enactments applying generally to corporation tax, including—
- (a) those relating to returns of information and the supply of accounts, statements and reports;
- (b) those relating to the assessing, collecting and receiving of corporation tax;
- (c) those conferring or regulating a right of appeal; and
- (d) those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.
- (2) Accordingly (but without prejudice to subsection (1) above) the Management Act shall have effect as if any reference to corporation tax included a reference to a sum chargeable under section 501A(1) as if it were an amount of corporation tax.
- (3) In any regulations made under section 32 of the Finance Act 1998 (as at 17th April 2002, the Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) Regulations 1999)—
- (a) references to corporation tax do not include a reference to a sum chargeable on a company under section 501A(1) as if it were corporation tax; and
- (b) references to profits charged to corporation tax do not include a reference to adjusted ring fence profits, within the meaning of section 501A(1).
- (4) In this section “*the Taxes Acts*” has the same meaning as in the Management Act.
### Chapter 5A — Special rules for long funding leases of plant or machinery: corporation tax
### Introductory
##### 502A
This Chapter has effect for the purposes of corporation tax only.
### Lessors under long funding finance leases
##### 502B
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account in which it is the lessor of any plant or machinery under a long funding finance lease.
- (2) The amount to be brought into account as the lessor's taxable income from the lease for the period of account is the amount of the rental earnings in respect of the lease for the period of account.
- (3) The “rental earnings” for any period is the amount which, in accordance with generally accepted accounting practice, falls (or would fall) to be treated as the gross return on investment for that period in respect of the lease where it meets the finance lease test.
- (4) If the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a loan in the accounts in question, so much of the rentals under the lease as fall (or would fall) to be treated as interest are to be treated for the purposes of this section as rental earnings.
##### 502C
- (1) This section applies for determining for the purposes of corporation tax the profits of a company which is or has been the lessor under a long funding finance lease.
- (2) This section has effect where a profit or loss (whether of an income or capital nature)—
- (a) arises to the company in connection with the lease, and
- (b) in accordance with generally accepted accounting practice falls to be recognised for accounting purposes in a period of account, but
- (c) would not, apart from this section, be brought into account in computing the profits of the company for the purposes of corporation tax.
- (3) The profit or loss is to be treated—
- (a) in the case of a profit, as income of the company attributable to the lease,
- (b) in the case of a loss, as a revenue expense incurred by the company in connection with the lease.
- (4) Any reference in this section to an amount falling to be recognised for accounting purposes in a period of account is a reference to an amount falling to be recognised for accounting purposes—
- (a) in the company's profit and loss account or income statement,
- (b) in the company's statement of recognised gains and losses or statement of changes in equity, or
- (c) in any other statement of items brought into account in computing the company's profits or losses for that period.
##### 502D
- (1) This section applies for determining the liability to corporation tax of a company which is or has been the lessor under a long funding finance lease.
- (2) Where—
- (a) the lease terminates, and
- (b) a sum calculated by reference to the termination value is paid to the lessee,
no deduction in respect of the sum paid to the lessee is allowed in computing the profits of the company.
- (3) This section does not prevent a deduction in respect of a sum to the extent that the sum is brought into account in determining the company's rental earnings.
### Lessors under long funding operating leases
##### 502E
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account—
- (a) for the whole of which, or
- (b) for any part of which,
the company is the lessor of any plant or machinery under a long funding operating lease.
- (2) A deduction is allowed in computing the profits of the company for the period of account.
- (3) The amount of the deduction for any period of account is to be determined as follows.
- (4) First, find the “*relevant value*” for the purposes of subsection (6)(a) below, which is—
- (a) if the only use of the plant or machinery by the lessor has been the leasing of it under the long funding operating lease as a qualifying activity, cost;
- (b) if the last previous use of the plant or machinery by the lessor was the leasing of it under another long funding operating lease as a qualifying activity, market value;
- (c) if the last previous use of the plant or machinery by the lessor was the leasing of it under a long funding finance lease as a qualifying activity, the recognised value;
- (d) if the last previous use of the plant or machinery by the lessor was for the purposes of a qualifying activity other than leasing under a long funding lease, the lower of cost and market value;
- (e) if the lessor owns the plant or machinery as a result of having incurred expenditure on its provision for purposes other than those of a qualifying activity, but—
- (i) the plant or machinery is brought into use by the lessor for the purposes of a qualifying activity on or after 1st April 2006, and
- (ii) that qualifying activity is the leasing of the plant or machinery under the long funding operating lease,
the relevant value is the lower of first use market value and first use amortised value.
- (5) In subsection (4) above—
- “*cost*” means the amount of the expenditure incurred by the lessor on the provision of the plant or machinery;
- “*first use amortised value*” means the value that the plant or machinery would have at the time when it is first brought into use for the purposes of the qualifying activity, on the assumption that—the cost of acquiring the plant or machinery had been written off on a straight line basis over the remaining useful economic life of the plant or machinery, andany further capital expenditure incurred had been written off on a straight line basis over so much of the remaining economic life of the plant or machinery as remains at the time when the expenditure is incurred;
- “*first use market value*” means the market value of the plant or machinery at the time when it is first brought into use for the purposes of the qualifying activity;
- “*market value*” means the market value of the plant or machinery at the commencement of the term of the long funding operating lease;
- “*recognised value*” means the value at which the plant or machinery is recognised in the books or other financial records of the lessor at the commencement of the long funding operating lease.
- (6) From—
- (a) the relevant value determined in accordance with subsection (4) above,
subtract
- (b) the amount which, at the commencement of the term of the lease, is (or, in a case falling within subsection (4)(e) above, would have been) expected to be the residual value of the plant or machinery,
to find the expected gross reduction in value over the term of the lease.
- (7) Apportion the amount of that expected gross reduction in value to each period of account in which any part of the term of the lease falls.
- (8) The apportionment must be on a time basis according to the proportion of the term of the lease that falls in each period of account.
- (9) The amount of the deduction for any period of account is the amount so apportioned to that period.
##### 502F
- (1) This section applies if in any period of account—
- (a) a company is the lessor of any plant or machinery under a long funding operating lease,
- (b) the company incurs capital expenditure in relation to the plant or machinery, and
- (c) that capital expenditure (the “additional expenditure”) is not reflected in the market value of the plant or machinery at the commencement of the term of the lease.
- (2) In a case falling within section 502E(4)(e) above, subsection (1)(c) above has effect as if the reference to the commencement of the term of the lease were a reference to the time when the plant or machinery is first brought into use by the lessor for the purposes of the qualifying activity.
- (3) Where this section applies, an additional deduction is allowed in computing the profits of the company for each post-expenditure period of account in which the company is the lessor of the plant or machinery under the lease.
- (4) The amount of the deduction for any such period of account is to be determined as follows.
- (5) Find ARV, CRV, PRV, and TRV where—
- “ARV” is the amount which, at the time when the additional expenditure is incurred, is expected to be the residual value of the plant or machinery;
- “CRV” is the amount which, at the commencement of the term of the lease, is expected to be the residual value of the plant or machinery;
- “PRV” is the sum of any amounts that fell to be taken into account as RRV (see subsection (6)) in the application of this section in relation to any previous additional expenditure incurred by the company in relation to the leased plant or machinery;
- “TRV” is the total of CRV and PRV.
- (6) Find RRV, where—
- (a) if ARV exceeds TRV, RRV is the portion of the excess that is a result of the additional expenditure, but
- (b) if ARV does not exceed TRV, RRV is nil.
- (7) From—
- (a) the amount of the additional expenditure,
subtract
- (b) RRV,
to find the expected partial reduction in value over the remainder of the term of the lease.
- (8) Apportion the amount of that expected partial reduction in value to each post-expenditure period of account in which any part of the term of the lease falls.
- (9) The apportionment must be on a time basis according to the proportion of the term of the lease that falls in each post-expenditure period of account.
- (10) The amount of the additional deduction for any period of account is the amount so apportioned to that period.
- (11) In this section “*post-expenditure period of account*” means any period of account ending after the incurring of the additional expenditure.
##### 502G
- (1) This section applies for determining the liability to corporation tax of a company which is the lessor immediately before the termination of a long funding operating lease.
- (2) Step 1 is to find—
- (a) the termination amount (TA);
- (b) the total of any sums paid to the lessee that are calculated by reference to the termination value (LP).
- (3) Step 2 is to find—
- (a) the relevant value for the purposes of section 502E(6)(a) (RV);
- (b) the total of the deductions allowable under section 502E for periods of account for the whole or part of which the company was the lessor before the termination of the lease (TD1);
- (c) the amount, if any, (ERV) by which RV exceeds TD1.
- (4) Step 3 is to find—
- (a) the total of any amounts of capital expenditure incurred by the company which constitute additional expenditure for the purposes of section 502F in the case of the lease (TAE);
- (b) the total of any deductions allowable under section 502F for periods of account for the whole or part of which the company was the lessor before the termination of the lease (TD2);
- (c) the amount, if any, (EAE) by which TAE exceeds TD2.
- (5) Step 4 is to find the total of ERV and EAE (T).
- (6) If (TA – LP) exceeds T, treat a profit of an amount equal to the excess as arising to the company in the period of account in which the lease terminates.
- (7) If T exceeds (TA – LP), treat a loss of an amount equal to the excess as arising to the company in that period of account.
- (8) A profit or loss treated as arising to the company under subsection (6) or (7) above is to be treated—
- (a) in the case of a profit, as income of the company attributable to the lease,
- (b) in the case of a loss, as a revenue expense incurred by the company in connection with the lease.
- (9) In computing the profits of the company, no deduction is allowed in respect of any sums paid to the lessee that are calculated by reference to the termination value.
### Lessors under long funding finance or operating leases: avoidance etc
#### Tariff receipts and tax-exempt tariffing receipts
##### 502GA
- (1) Sections 502B to 502G do not apply in the case of a company which is or has been the lessor of any plant or machinery under a long funding lease if the following condition is met.
- (2) The condition is that any part of the expenditure incurred by the company on the acquisition of the plant or machinery for leasing under the lease—
- (a) is (apart from those sections) allowable as a deduction in calculating its profits or losses for the purposes of corporation tax, and
- (b) is so allowable as a result of the plant or machinery forming part of its trading stock.
- (3) For the purposes of this section the cases in which expenditure incurred by a company on the acquisition of any plant or machinery for leasing under a lease is allowable as such a deduction include any case where—
- (a) the company becomes entitled to the deduction at any time after the expenditure is incurred, and
- (b) the deduction arises as a result of the plant or machinery forming part of its trading stock at that time.
- (4) If—
- (a) at any time any of sections 502B to 502G has applied for determining the amounts to be taken into account in calculating the profits or losses of the company for the purposes of corporation tax, and
- (b) the condition in subsection (2) is met at any subsequent time,
those amounts, and any other amounts which (as a result of this section) are to be so taken into account, are subject to such adjustments as are just and reasonable.
- (5) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (4).
##### 502GB
- (1) This section applies if—
- (a) a company is the lessee of any plant or machinery under a lease (“lease A”) that is not a long funding lease,
- (b) it enters into a lease (“lease B”) of any of that plant or machinery (as lessor), and
- (c) lease B is a long funding lease.
- (2) Sections 502B to 502G do not apply in relation to lease B.
- (3) If by virtue of section 70H of the Capital Allowances Act (tax return by lessee treating lease as long funding lease) lease A becomes a long funding lease (and does not cease to be such a lease), treat this section as never having applied in relation to lease B.
##### 502GC
- (1) Sections 502B to 502G do not apply in the case of a company which is or has been the lessor of any plant or machinery under a long funding lease if conditions A to C are met.
- (2) Condition A is that the long funding lease forms part of any arrangement entered into by the company which includes one or more other transactions (whether the arrangement is entered into before or after or at the inception of the lease).
- (3) Condition B is that the main purpose, or one of the main purposes, of the arrangement is to secure that, over the relevant period, there would be a substantial difference between—
- (a) the total amount of the amounts under the arrangement which are, in accordance with generally accepted accounting practice, recognised in determining the company's profit or loss for any period or taken into account in calculating the amounts which are so recognised, and
- (b) the total amount of the amounts under the arrangement which are taken into account in calculating the profits or losses of the company for the purposes of corporation tax.
- (4) For the purposes of condition B “*the relevant period*” means the period which begins with the inception of the lease and ends with the end of the term of the lease.
- (5) Condition C is that the difference would be attributable (wholly or partly) to the application of any of sections 502B to 502G in relation to the company by reference to the plant or machinery under the lease.
- (6) The reference in this section to an amount being recognised in determining a company's profit or loss for a period is to an amount being recognised for accounting purposes—
- (a) in the company's profit and loss account or income statement,
- (b) in the company's statement of recognised gains and losses or statement of changes in equity, or
- (c) in any other statement of items brought into account in calculating the company's profits and losses for that period.
- (7) For the purposes of this section it does not matter whether the parties to any transaction which forms part of the arrangement differ from the parties to any of the other transactions.
- (8) For the purposes of this section the cases in which two or more transactions are to be taken as forming part of an arrangement include any case in which it would be reasonable to assume that one or more of them—
- (a) would not have been entered into independently of the other or others, or
- (b) if entered into independently of the other or others, would not have taken the same form or been on the same terms.
- (9) If—
- (a) at any time any of sections 502B to 502G has applied for determining the amounts to be taken into account in calculating the profits or losses of the company for the purposes of corporation tax, and
- (b) conditions A to C are met at any subsequent time,
those amounts, and any other amounts which (as a result of this section) are to be so taken into account, are subject to such adjustments as are just and reasonable.
- (10) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (9).
##### 502GD
- (1) If a company is or has been a lessor under a long funding lease of a film, sections 502B to 502G do not apply in respect of the lease.
- (2) “*Film*” has the same meaning as in Part 15 of CTA 2009 (see section 1181 of that Act).
### Insurance company as lessor
##### 502H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Lessees under long funding finance leases
#### The Electricity Council and Boards, the Northern Ireland Electricity Service and the Gas Council.
##### 502I
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account in which it is the lessee of any plant or machinery under a long funding finance lease.
- (2) In calculating the company's profits for the period of account,—
- (a) the amount deducted in respect of amounts payable under the lease,
must not exceed
- (b) the amounts which, in accordance with generally accepted accounting practice, fall (or would fall) to be shown in the company's accounts as finance charges in respect of the lease.
- (3) If the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a loan, subsection (2) above applies as if the lease were one which, under generally accepted accounting practice, fell to be treated as a finance lease.
##### 502J
- (1) This section applies where—
- (a) a company is or has been the lessee under a long funding finance lease, and
- (b) in connection with the termination of the lease, a payment calculated by reference to the termination value falls to be made to the company.
- (2) The payment is not to be brought into account in determining for the purposes of corporation tax the profits of the company for any period of account.
- (3) Subsection (2) above does not affect the amount of any disposal value that falls to be brought into account by the company under the Capital Allowances Act.
### Lessees under long funding operating leases
##### 502K
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account in which it is the lessee of any plant or machinery under a long funding operating lease.
- (2) The deductions that may be allowed in computing the profits of the company for the period of account are to be reduced in accordance with the following provisions of this section.
- (3) The amount of the reduction for any period of account is to be determined as follows.
- (4) First, find the “*relevant value*” for the purposes of subsection (6)(a) below, which is—
- (a) the market value of the plant or machinery at the commencement of the term of the lease, unless paragraph (b) below applies;
- (b) if the lessee—
- (i) has the use of the plant or machinery as a result of having incurred expenditure on its provision for purposes other than those of a qualifying activity, but
- (ii) brings the plant or machinery into use for the purposes of a qualifying activity on or after 1st April 2006,
the lower of first use market value and first use amortised market value.
- (5) In subsection (4) above—
- “*first use amortised market value*” means the value that the plant or machinery would have—at the time when it is first brought into use for the purposes of the qualifying activity, buton the assumption that the market value of the plant or machinery at the commencement of the term of the lease had been written off on a straight line basis over the remaining useful economic life of the plant or machinery;
- “*first use market value*” means the market value of the plant or machinery at the time when it is first brought into use for the purposes of the qualifying activity.
- (6) From—
- (a) the relevant value determined in accordance with subsection (4) above,
subtract
- (b) the amount which, at the commencement of the term of the lease, is (or, in a case falling within subsection (4)(b) above, would have been) expected to be the market value of the plant or machinery at the end of the term of the lease,
to find the expected gross reduction over the term of the lease.
- (7) Apportion the amount of that expected gross reduction to each period of account in which any part of the term of the lease falls.
- (8) The apportionment must be on a time basis according to the proportion of the term of the lease that falls in each period of account.
- (9) The amount of the reduction for any period of account is the amount so apportioned to that period.
### Interpretation of Chapter
##### 502L
- (1) This section has effect for the interpretation of this Chapter.
- (2) In this Chapter—
- “*qualifying activity*” has the same meaning as in Part 2 of the Capital Allowances Act;
- “*residual value*”, in relation to any plant or machinery leased under a long funding operating lease, means—the estimated market value of the plant or machinery on a disposal at the end of the term of the lease,lessthe estimated costs of that disposal.
- (3) Any reference in this Chapter to a sum being written off on a straight line basis over a period of time (the “writing-off period”) is a reference to—
- (a) the sum being apportioned between each of the periods of account in which any part of the writing-off period falls,
- (b) that apportionment being made on a time basis, according to the proportion of the writing-off period that falls in each of the periods of account, and
- (c) the sum being written off accordingly.
- (4) Chapter 6A of Part 2 of the Capital Allowances Act (interpretation of provisions about long funding leases) applies in relation to this Chapter as it applies in relation to that Part.
##### 504A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowances for expenditure on purchase of patent rights: post-31st March 1986 expenditure.
#### Old societies.
##### 506A
- (1) This section applies to the following transactions—
- (a) the sale or letting of property by a charitable company to a substantial donor,
- (b) the sale or letting of property to a charitable company by a substantial donor,
- (c) the provision of services by a charitable company to a substantial donor,
- (d) the provision of services to a charitable company by a substantial donor,
- (e) an exchange of property between a charitable company and a substantial donor,
- (f) the provision of financial assistance by a charitable company to a substantial donor,
- (g) the provision of financial assistance to a charitable company by a substantial donor, and
- (h) investment by a charitable company in the business of a substantial donor.
- (2) For the purposes of this section a person is a substantial donor to a charitable company in respect of an accounting period if—
- (a) the charitable company receives relievable gifts of at least £25,000 from him in a period of 12 months in which the accounting period wholly or partly falls, or
- (b) the charitable company receives relievable gifts of at least £100,000 from him in a period of six years in which the accounting period wholly or partly falls;
and if a person is a substantial donor to a charitable company in respect of an accounting period by virtue of paragraph (a) or (b), he is a substantial donor to the charitable company in respect of the following five accounting periods.
- (3) A payment made by a charitable company to a substantial donor in the course of or for the purposes of a transaction to which this section applies shall be treated for the purposes of section 505 as non-charitable expenditure.
- (4) If the terms of a transaction to which this section applies are less beneficial to the charitable company than terms which might be expected in a transaction at arm's length, the charitable company shall be treated for the purposes of section 505 as incurring non-charitable expenditure equal to that amount which the Commissioners for Her Majesty's Revenue and Customs determine as the cost to the charitable company of the difference in terms.
- (5) A payment by a charitable company of remuneration to a substantial donor shall be treated for the purposes of section 505 as non-charitable expenditure unless it is remuneration, for services as a trustee, which is approved by—
- (a) the Charity Commission,
- (b) another body with responsibility for regulating charities by virtue of legislation having effect in respect of any Part of the United Kingdom, or
- (c) a court.
##### 506B
- (1) Section 506A shall not apply to a transaction within section 506A(1)(b) or (d) if the Commissioners for Her Majesty's Revenue and Customs determine that the transaction—
- (a) takes place in the course of a business carried on by the substantial donor,
- (b) is on terms which are no less beneficial to the charitable company than those which might be expected in a transaction at arm's length, and
- (c) is not part of an arrangement for the avoidance of any tax.
- (2) Section 506A shall not apply to the provision of services to a substantial donor if the Commissioners determine that the services are provided—
- (a) in the course of the actual carrying out of a primary purpose of the charitable company, and
- (b) on terms which are no more beneficial to the substantial donor than those on which services are provided to others.
- (3) Section 506A shall not apply to the provision of financial assistance to a charitable company by a substantial donor if the Commissioners determine that the assistance—
- (a) is on terms which are no less beneficial to the charitable company than those which might be expected in a transaction at arm's length, and
- (b) is not part of an arrangement for the avoidance of any tax.
- (4) Section 506A shall not apply to investment by a charitable company in the business of a substantial donor where the investment takes the form of the purchase of shares or securities listed on a recognised stock exchange.
- (5) A disposal at an undervalue in respect of which relief is available under section 587B of this Act or section 431 of ITA 2007 (gifts of shares, securities and real property to charities etc) shall not be a transaction to which section 506A applies (but may be taken into account in the application of section 506A(2)).
- (6) A disposal at an undervalue to which section 257(2) of the 1992 Act (gifts of chargeable assets) applies shall not be a transaction to which section 506A applies (but may be taken into account in the application of section 506A(2)).
- (7) In the application of section 506A payments by a charitable company, or benefits arising to a substantial donor from a transaction, shall be disregarded in so far as they relate to a donation by the donor, and—
- (a) if the donation is made by a company, the payments or benefits do not prevent the donation being a qualifying donation for the purposes of section 339 because of subsection (3B)(b) of that section (restrictions on associated benefits), or
- (b) if the donation is made by an individual, the payments or benefits do not prevent the donation being a qualifying donation for the purposes of section 416 of ITA 2007 because of subsection (7)(b) of that section (restrictions on associated benefits).
- (8) A company which is wholly owned by a charity within the meaning of section 339(7AB) shall not be treated as a substantial donor in relation to a charitable company which owns it (or any part of it).
- (9) A registered social landlord or housing association shall not be treated as a substantial donor in relation to a charitable company with which it is connected; and for that purpose—
- (a) “*registered social landlord or housing association*” means a body entered on a register maintained under—
- (i) section 1 of the Housing Act 1996,
- (ii) section 57 of the Housing (Scotland) Act 2001, or
- (iii) Article 14 of the Housing (Northern Ireland) Order 1992, and
- (b) a body and a charitable company are connected if (and only if)—
- (i) the one is wholly owned, or subject to control, by the other, or
- (ii) both are wholly owned, or subject to control, by the same person.
##### 506C
- (1) A gift is “*relievable*” for the purposes of section 506A(2) if relief is available in respect of it under—
- (a) section 105 of CTA 2009,
- (b) section 339,
- (c) sections 587B and 587C,
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) section 257 of the 1992 Act (gifts of chargeable assets),
- (f) section 63 of the Capital Allowances Act (gifts of plant and machinery),
- (g) sections 713 to 715 of ITEPA 2003 (payroll giving),
- (h) section 108 of ITTOIA 2005 (gifts of trading stock), . . .
- (i) sections 628 and 630 of ITTOIA 2005 (gifts from settlor-interested trusts), or
- (j) Chapters 2 and 3 of Part 8 of ITA 2007 (gift aid and gifts of shares, securities and real property).
- (2) A charitable company is treated as incurring expenditure in accordance with section 506A(4) at such time (or times) as the Commissioners determine.
- (3) Section 506A applies to a transaction entered into in an accounting period with a person who is a substantial donor in respect of that period, even if it was not until after the transaction was entered into that he first satisfied the definition of “substantial donor” in respect of that period.
- (4) Either or both of subsections (3) and (4) of section 506A may be applied to a single transaction; but any amount of non-charitable expenditure which a charitable company is treated as incurring under section 506A(3) in respect of a transaction shall be deducted from any amount which it would otherwise be treated as incurring under section 506A(4) in respect of the transaction.
- (5) A charitable company and any other charities with which it is connected are to be treated as a single charitable company for the purposes of section 506A and 506B and this section; and for this purpose “*connected*” means connected in a matter relating to the structure, administration or control of a charity.
- (6) Where remuneration is paid otherwise than in money, section 506A(5) shall apply as to a payment in money of the amount that would, under Part 3 of ITEPA 2003, be the cash equivalent of the remuneration as a benefit.
- (7) In sections 506A and 506B and this section—
- (a) a reference to a substantial donor or other person includes a reference to a person connected with him within the meaning of section 839,
- (b) “*financial assistance*” includes, in particular—
- (i) the provision of a loan, guarantee or indemnity, and
- (ii) entering into alternative finance arrangements within the meaning of section 46 of the Finance Act 2005 or section 501(2) of CTA 2009, and
- (c) a reference to a gift of a specified amount includes a reference to a non-monetary gift of that value.
- (8) On an appeal against an assessment the tribunal may review a decision of the Commissioners in connection with section 506A.
- (9) The Treasury may by regulations vary a sum, or a period of time, specified in section 506A(2).
#### Eligibility for relief.
##### 508A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 508B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 510A
- (1) In this section “*grouping*” means a European Economic Interest Grouping formed in pursuance of Council Regulation [(EEC) No. 2137/85](https://www.legislation.gov.uk/european/regulation/1985/2137) of 25th July 1985, whether registered in Great Britain, in Northern Ireland, or elsewhere.
- (2) Subject to the following provisions of this section, for the purposes of charging corporation tax a grouping shall be regarded as acting as the agent of its members.
- (3) In accordance with subsection (2) above—
- (a) for the purposes mentioned in that subsection the activities of the grouping shall be regarded as those of its members acting jointly and each member shall be regarded as having a share of its property, rights and liabilities; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
but paragraph (a) above is subject to subsection (6A) below.
- (4) Subject to subsection (5) below, for the purposes of this section a member’s share of any property, rights or liabilities of a grouping shall be determined in accordance with the contract under which the grouping is established.
- (5) Where the contract does not make provision as to the shares of members in the property, rights or liabilities in question a member’s share shall be determined by reference to the share of the profits of the grouping to which he is entitled under the contract (and if the contract makes no provision as to that, the members shall be regarded as having equal shares).
- (6) . . . Where any trade or profession is carried on by a grouping it shall be regarded for the purposes of charging corporation tax as carried on in partnership by the members of the grouping.
- (6A) Part 5 of CTA 2009 (loan relationships) shall have effect in relation to a grouping as it has effect in relation to a partnership (see in particular Chapter 9 of that Part and sections 467 and 472 to 474 of that Act).
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 519A
- (1) A health service body shall be exempt from corporation tax.
- (2) In this section “*health service body*” means—
- (a) a Strategic Health Authority established under section 13 of the National Health Service Act 2006. . . . . . ;
- (aa) a Special Health Authority established under section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006;
- (ab) a Primary Care Trust;
- (aba) a Local Health Board;
- (b) a National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;
- (bb) an NHS foundation trust
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) a Health Board or Special Health Board, the Common Services Agency for the Scottish Health Service and a National Health Service trust respectively constituted under sections 2, 10 and 12A of the National Health Service (Scotland) Act 1978;
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) the Scottish Dental Practice Board; . . .
- (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (i) a Health and Social Services Board and the Northern Ireland Central Services Agency for the Health and Social Services established under Articles 16 and 26 respectively of the Health and Personal Social Services (Northern Ireland) Order 1972;
- (j) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990; and
- (k) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.
- (3) The Treasury may by order disapply subsection (1) in relation to a specified activity, or class of activity, of an NHS foundation trust.
- (4) An order under subsection (3) shall make provision for determining the amount of the profits relating to an activity that are to be charged to corporation tax as a result of the disapplication of subsection (1).
- (5) An order under subsection (3) may, in particular—
- (a) make provision for disregarding profits of less than a specified amount in respect of a financial year or accounting period or a specified part of a financial year or accounting period;
- (b) make provision for disregarding a specified part of profits in respect of a financial year or accounting period or a specified part of a financial year or accounting period;
- (c) make provision for disregarding all or part of profits relating to activity in respect of which receipts or turnover (as defined by the order) are less than a specified amount in respect of a financial year or accounting period or a specified part of a financial year or accounting period.
- (6) An order under subsection (3)—
- (a) may apply, with or without modification, a provision of the Tax Acts,
- (b) may disapply a provision of the Tax Acts,
- (c) may make provision similar to a provision of the Tax Acts, and
- (d) may make provision generally or in relation to a specified body or class of bodies.
- (7) The Treasury may make an order under subsection (3) only—
- (a) in relation to an activity or class of activity that appears to the Treasury to be of a commercial nature,
- (b) where it appears to the Treasury to be expedient for the purpose of avoiding, removing or reducing differences between—
- (i) the fiscal treatment of the body undertaking the activity, and
- (ii) the fiscal treatment of another body or class of body which is of a commercial nature and which undertakes or might undertake the same or a similar activity, and
- (c) if a draft has been laid before, and approved by resolution of, the House of Commons.
- (8) An activity authorised under section 43(1) of the National Health Service Act 2006 shall not be treated as an activity of a commercial nature for the purposes of subsection (7)(a).
#### Transfer of relief under section 257A where relief exceeds income or 257AB.
#### Exemption for trade unions and employers’ associations.
#### Certified unit trusts: corporation tax.
#### Dividends paid to investment trusts.
#### “Deposit-taker”, “deposit” and “relevant deposit”.
### Designs
##### 537A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 537B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Savings banks: exemption from tax.
##### 539ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 539A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of oil disposed of or appropriated in certain circumstances.
##### 546A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 546B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 546C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 546D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 547A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 548A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Non-resident policies and off-shore capital redemption policies.
##### 548B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 551A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 552ZA
- (1) This section supplements section 552 and shall be construed as one with it.
- (2) Where the obligations under any policy or contract of the body that issued, entered into or effected it (“*the original insurer*”) are at any time the obligations of another body (“*the transferee*”) to whom there has been a transfer of the whole or any part of a business previously carried on by the original insurer, section 552 shall have effect in relation to that time, except where the chargeable event—
- (a) happened before the transfer, and
- (b) in the case of a death or an assignment, is an event of which the notification mentioned in subsection (6) or (7) of that section was given before the transfer,
as if the policy or contract had been issued, entered into or effected by the transferee.
- (3) Where, in consequence of . . . section 514(1) of ITTOIA 2005, paragraph (a) or (b) of section 552(1) requires certificates to be delivered in respect of two or more surrenders, happening in the same year, of part of or a share in the rights conferred by the policy or contract, a single certificate may be delivered under the paragraph in question in respect of all those surrenders (and may treat them as if they together constituted a single surrender) unless between the happening of the first and the happening of the last of them there has been—
- (a) an assignment of part of or a share in the rights conferred by the policy or contract; or
- (b) an assignment, otherwise than for money or money’s worth, of the whole of the rights conferred by the policy or contract.
- (4) Where the appropriate policy holder is two or more persons—
- (a) section 552(1)(a) requires a certificate to be delivered to each of them; but
- (b) nothing in section 552 or this section requires a body to deliver a certificate under subsection (1)(a) of that section to any person whose address has not been provided to the body (or to another body, at a time when the obligations under the policy or contract were obligations of that other body).
- (5) A certificate under section 552(1)(b) or (3)—
- (a) shall be in a form prescribed for the purpose by the Board; and
- (b) shall be delivered by any means prescribed for the purpose by the Board;
and different forms, or different means of delivery, may be prescribed for different cases or different purposes.
- (6) The Board may by regulations make such provision as they think fit for securing that they are able—
- (a) to ascertain whether there has been or is likely to be any contravention of the requirements of section 552 or this section; and
- (b) to verify any certificate under that section.
- (7) Regulations under subsection (6) above may include, in particular, provisions requiring persons to whom premiums under any policy are or have at any time been payable—
- (a) to supply information to the Board; and
- (b) to make available books, documents and other records for inspection on behalf of the Board.
- (8) Regulations under subsection (6) above may—
- (a) make different provision for different cases; and
- (b) contain such supplementary, incidental, consequential or transitional provision as appears to the Board to be appropriate.
##### 552ZB
- (1) The Commissioners for Her Majesty's Revenue and Customs may make regulations—
- (a) requiring relevant persons—
- (i) to provide prescribed information to persons who apply for the issue of qualifying policies or who are, or may be, required to make statements under paragraph B3(2) of Schedule 15;
- (ii) to provide to an officer of Revenue and Customs prescribed information about qualifying policies which have been issued by them or in relation to which they are or have been a relevant transferee;
- (b) making such provision (not falling within paragraph (a)) as the Commissioners think fit for securing that an officer of Revenue and Customs is able—
- (i) to ascertain whether there has been or is likely to be any contravention of the requirements of the regulations or of paragraph B3(2) of Schedule 15;
- (ii) to verify any information provided to an officer of Revenue and Customs as required by the regulations.
- (2) The provision that may be made by virtue of subsection (1)(b) includes, in particular, provision requiring relevant persons to make available books, documents and other records for inspection by or on behalf of an officer of Revenue and Customs.
- (3) The regulations may—
- (a) make different provision for different cases or circumstances, and
- (b) contain incidental, supplementary, consequential, transitional, transitory or saving provision.
- (4) In this section—
- “*prescribed*” means prescribed by the regulations,
- “*qualifying policy*” includes a policy which would be a qualifying policy apart from—paragraph A1(2), B1(2), B2(2) or B3(3) of Schedule 15, orparagraph 17(2)(za) of that Schedule (including as applied by paragraph 18), and
- “*relevant person*” means a person—who issues, or has issued, qualifying policies, orwho is, or has been, a relevant transferee in relation to qualifying policies.
- (5) For the purposes of this section a person (“X”) is at any time a “*relevant transferee*” in relation to a qualifying policy if the obligations under the policy of its issuer are at that time the obligations of X as a result of there having been a transfer to X of the whole or any part of a business previously carried on by the issuer.
##### 552A
- (1) This section has effect for the purpose of securing that, where it applies to an overseas insurer, another person is the overseas insurer’s tax representative.
- (2) In this section “*overseas insurer*” means a person who is not resident in the United Kingdom who carries on a business which consists of or includes the effecting and carrying out of—
- (a) policies of life insurance;
- (b) contracts for life annuities; or
- (c) capital redemption policies.
- (3) This section applies to an overseas insurer—
- (a) if the condition in subsection (4) below is satisfied on the designated day; or
- (b) where that condition is not satisfied on that day, if it has subsequently become satisfied.
- (4) The condition mentioned in subsection (3) above is that—
- (a) there are in force relevant insurances the obligations under which are obligations of the overseas insurer in question or of an overseas insurer connected with him; and
- (b) the total amount or value of the gross premiums paid under those relevant insurances is £1 million or more.
- (5) In this section “*relevant insurance*” means any policy of life insurance, contract for a life annuity or capital redemption policy . . . in the case of which—
- (a) the holder is resident in the United Kingdom;
- (b) the obligations of the insurer are obligations of a person not resident in the United Kingdom; and
- (c) those obligations are not attributable to a branch or agency of that person’s in the United Kingdom.
- (6) Before the expiration of the period of three months following the day on which this section first applies to an overseas insurer, the overseas insurer must nominate to the Board a person to be his tax representative.
- (7) A person shall not be a tax representative unless—
- (a) if he is an individual, he is resident in the United Kingdom and has a fixed place of residence there, or
- (b) if he is not an individual, he has a business establishment in the United Kingdom,
and, in either case, he satisfies such other requirements (if any) as are prescribed in regulations made for the purpose by the Board.
- (8) A person shall not be an overseas insurer’s tax representative unless—
- (a) his nomination by the overseas insurer has been approved by the Board; or
- (b) he has been appointed by the Board.
- (9) The Board may by regulations make provision supplementing this section; and the provision that may be made by any such regulations includes provision with respect to—
- (a) the making of a nomination by an overseas insurer of a person to be his tax representative;
- (b) the information which is to be provided in connection with such a nomination;
- (c) the form in which such a nomination is to be made;
- (d) the powers and duties of the Board in relation to such a nomination;
- (e) the procedure for approving, or refusing to approve, such a nomination, and any time limits applicable to doing so;
- (f) the termination, by the overseas insurer or the Board, of a person’s appointment as a tax representative;
- (g) the appointment by the Board of a person as the tax representative of an overseas insurer (including the circumstances in which such an appointment may be made);
- (h) the nomination by the overseas insurer, or the appointment by the Board, of a person to be the tax representative of an overseas insurer in place of a person ceasing to be his tax representative;
- (j) circumstances in which an overseas insurer to whom this section applies may, with the Board’s agreement, be released (subject to any conditions imposed by the Board) from the requirement that there must be a tax representative;
- (k) appeals to the tribunal against decisions of the Board under this section or regulations under it.
- (10) The provision that may be made by regulations under subsection (9) above also includes provision for or in connection with the making of other arrangements between the Board and an overseas insurer for the purpose of securing the discharge by or on behalf of the overseas insurer of the relevant duties, within the meaning of section 552B.
- (11) Section 839 (connected persons) applies for the purposes of this section.
- (12) In this section—
- “*capital redemption policy*” means a capital redemption policy in relation to which . . . Chapter 9 of Part 4 of ITTOIA 2005 has effect;
- “*contract for a life annuity*” means a contract for a life annuity in relation to which . . . Chapter 9 of Part 4 of ITTOIA 2005 has effect;
- “*the designated day*” means such day as the Board may specify for the purpose in regulations;
- “*policy of life insurance*” means a policy of life insurance in relation to which . . . Chapter 9 of Part 4 of ITTOIA 2005 has effect;
- “*tax representative*” means a tax representative under this section.
##### 552B
- (1) It shall be the duty of an overseas insurer’s tax representative to secure (where appropriate by acting on the overseas insurer’s behalf) that the relevant duties are discharged by or on behalf of the overseas insurer.
- (2) For the purposes of this section “*the relevant duties*” are—
- (a) the duties imposed by section 552,
- (b) the duties imposed by section 552ZA(2), (4) or (5), and
- (c) any duties imposed by regulations made under subsection (6) of section 552ZA by virtue of subsection (7) of that section,
so far as relating to relevant insurances under which the overseas insurer in question has any obligations.
- (3) An overseas insurer’s tax representative shall be personally liable—
- (a) in respect of any failure to secure the discharge of the relevant duties, and
- (b) in respect of anything done for purposes connected with acting on the overseas insurer’s behalf,
as if the relevant duties were imposed jointly and severally on the tax representative and the overseas insurer.
- (4) In the application of this section in relation to any particular tax representative, it is immaterial whether any particular relevant duty arose before or after his appointment.
- (5) This section has effect in relation to relevant duties relating to chargeable events happening on or after the day by which section 552A(6) requires the nomination of the overseas insurer’s first tax representative to be made.
- (5A) In subsection (5) “*chargeable event*” has the same meaning as in section 552 (see subsection (10) of that section).
- (6) Expressions used in this section and in section 552A have the same meaning in this section as they have in that section.
##### 553A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 553B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 553C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 559A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Ceasing to meet the trading requirement because of administration or receivership
### Chapter 5A — Share loss relief
### Relief for losses on unquoted shares in trading companies
##### 576A
- (1) For the purposes of this Chapter a qualifying trading company is a company which meets each of conditions A to D.
- (2) Condition A is that the company either—
- (a) meets each of the following requirements on the date of the disposal—
- (i) the trading requirement (see section 576B),
- (ii) the control and independence requirement (see section 576D),
- (iii) the qualifying subsidiaries requirement (see section 576E), and
- (iv) the property managing subsidiaries requirement (see section 576F), or
- (b) has ceased to meet any of those requirements at a time which is not more than 3 years before that date and has not since that time been an excluded company, an investment company or a trading company.
- (3) Condition B is that the company either—
- (a) has met each of the requirements mentioned in condition A for a continuous period of 6 years ending on that date or at that time, or
- (b) has met each of those requirements for a shorter continuous period ending on that date or at that time and has not before the beginning of that period been an excluded company, an investment company or a trading company.
- (4) Condition C is that the company—
- (a) met the gross assets requirement (see section 576G) both immediately before and immediately after the issue of the shares in respect of which the relief is claimed under this Chapter, and
- (b) met the unquoted status requirement (see section 576H) at the relevant time within the meaning of that section.
- (5) Condition D is that the company has carried on its business wholly or mainly in the United Kingdom throughout the period—
- (a) beginning with the incorporation of the company or, if later, 12 months before the shares in question were issued, and
- (b) ending with the date of the disposal.
### Qualifying trading companies: the requirements
##### 576B
- (1) The trading requirement is that—
- (a) the company, disregarding any incidental purposes, exists wholly for the purpose of carrying on one or more qualifying trades, or
- (b) the company is a parent company and the business of the group does not consist wholly or as to a substantial part in the carrying on of non-qualifying activities.
- (2) If the company intends that one or more other companies should become its qualifying subsidiaries with a view to their carrying on one or more qualifying trades—
- (a) the company is treated as a parent company for the purposes of subsection (1)(b), and
- (b) the reference in subsection (1)(b) to the group includes the company and any existing or future company that will be its qualifying subsidiary after the intention in question is carried into effect.
This subsection does not apply at any time after the abandonment of that intention.
- (3) For the purpose of subsection (1)(b) the business of the group means what would be the business of the group if the activities of the group companies taken together were regarded as one business.
- (4) For the purpose of determining the business of a group, activities are disregarded to the extent that they are activities carried on by a mainly trading subsidiary otherwise than for its main purpose.
- (5) For the purposes of determining the business of a group, activities of a group company are disregarded to the extent that they consist in—
- (a) the holding of shares in or securities of a qualifying subsidiary of the parent company,
- (b) the making of loans to another group company,
- (c) the holding and managing of property used by a group company for the purpose of one or more qualifying trades carried on by a group company, or
- (d) the holding and managing of property used by a group company for the purpose of research and development from which it is intended—
- (i) that a qualifying trade to be carried on by a group company will be derived, or
- (ii) that a qualifying trade carried on or to be carried on by a group company will benefit.
- (6) Any reference in subsection (5)(d)(i) or (ii) to a group company includes a reference to any existing or future company which will be a group company at any future time.
- (7) In this section—
- “*excluded activities*” has the meaning given by section 192 of ITA 2007 read with sections 193 to 199 of that Act,
- “*group*” means a parent company and all its qualifying subsidiaries,
- “*group company*”, in relation to a group, means the parent company or any of its qualifying subsidiaries,
- “*incidental purposes*” means purposes having no significant effect (other than in relation to incidental matters) on the extent of the activities of the company in question,
- “*mainly trading subsidiary*” means a subsidiary which, apart from incidental purposes, exists wholly for the purpose of carrying on one or more qualifying trades, and any reference to the main purpose of such a subsidiary is to be read accordingly,
- “*non-qualifying activities*” means—excluded activities, andactivities (other than research and development) carried on otherwise than in the course of a trade,
- “*parent company*” means a company that has one or more qualifying subsidiaries,
- “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007,
- “*qualifying trade*” has the meaning given by section 189 of that Act,
- “*research and development*” has the meaning given by section 837A.
- (8) In sections 189(1)(b) and 194(4)(c) of ITA 2007 (as applied by subsection (7) for the purposes of the definitions of “excluded activities” and “qualifying trade”) “*period B*” means the continuous period that is relevant for the purposes of section 576A(3).
- (9) In section 195 of ITA 2007 as applied by subsection (7) for the purposes mentioned in subsection (8), references to the issuing company are to be read as references to the company mentioned in subsection (1).
#### Charitable and non-charitable expenditure
##### 576C
- (1) A company is not regarded as ceasing to meet the trading requirement by reason only of anything done in consequence of the company or any of its subsidiaries being in administration or receivership.
This has effect subject to subsections (2) and (3).
- (2) Subsection (1) applies only if—
- (a) the entry into administration or receivership, and
- (b) everything done as a result of the company concerned being in administration or receivership,
is for genuine commercial reasons, and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.
- (3) A company ceases to meet the trading requirement if before the time that is relevant for the purposes of section 576A(2)—
- (a) a resolution is passed, or an order is made, for the winding up of the company or any of its subsidiaries (or, in the case of a winding up otherwise than under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989, any other act is done for the like purpose), or
- (b) the company or any of its subsidiaries is dissolved without winding up.
This is subject to subsection (4).
- (4) Subsection (3) does not apply if —
- (a) the winding up is for genuine commercial reasons, and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax, and
- (b) the company continues, during the winding up, to be a trading company.
- (5) References in this section to a company being “in administration” or “in receivership” are to be read in accordance with section 252 of ITA 2007.
##### 576D
- (1) The control element of the requirement is that—
- (a) the company must not control (whether on its own or together with any person connected with it) any company which is not a qualifying subsidiary of the company, and
- (b) no arrangements must be in existence by virtue of which the company could fail to meet paragraph (a) (whether at a time during the continuous period that is relevant for the purposes of section 576A(3) or otherwise).
- (2) The independence element of the requirement is that—
- (a) the company must not—
- (i) be a 51% subsidiary of another company, or
- (ii) be under the control of another company (or of another company and any other person connected with that other company), without being a 51% subsidiary of that other company, and
- (b) no arrangements must be in existence by virtue of which the company could fail to meet paragraph (a) (whether at a time during the continuous period that is relevant for the purposes of section 576A(3) or otherwise).
- (3) This section is subject to section 576J(3).
- (3A) Section 839 (connected persons) applies for the purposes of this section.
- (4) In this section—
- “*arrangements*” includes any scheme, agreement or understanding, whether or not legally enforceable,
- “control” is to be read as follows—in subsection (1)(a), in accordance with section 416(2) to (6),in subsection (2)(a), in accordance with section 840,
- “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007.
#### Relief for expenses.
##### 576E
- (1) The qualifying subsidiaries requirement is that any subsidiary that the company has must be a qualifying subsidiary of the company.
- (2) In this section “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007.
##### 576F
- (1) The property managing subsidiaries requirement is that any property managing subsidiary that the company has must be a qualifying 90% subsidiary of the company.
- (2) In this section—
- “*property managing subsidiary*” has the meaning given by section 188(2) of ITA 2007,
- “*qualifying 90% subsidiary*” has the meaning given by section 190 of that Act.
##### 576G
- (1) The gross assets requirement in the case of a single company is that the value of the company's gross assets—
- (a) must not exceed £7 million immediately before the shares in respect of which the relief is claimed under this Chapter are issued, and
- (b) must not exceed £8 million immediately afterwards.
- (2) The gross assets requirement in the case of a parent company is that the value of the group assets—
- (a) must not exceed £7 million immediately before the shares in respect of which the relief is claimed under this Chapter are issued, and
- (b) must not exceed £8 million immediately afterwards.
- (3) The value of the group assets means the aggregate of the values of the gross assets of each of the members of the group, disregarding any that consist in rights against, or shares in or securities of, another member of the group.
- (4) In this section—
- “*group*” means a parent company and its qualifying subsidiaries,
- “*parent company*” means a company that has one or more qualifying subsidiaries,
- “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007, and
- “*single company*” means a company that does not have one or more qualifying subsidiaries.
##### 576H
- (1) The unquoted status requirement is that, at the time (“*the relevant time*”) at which the shares in respect of which the relief is claimed under this Chapter are issued—
- (a) the company must be an unquoted company,
- (b) there must be no arrangements in existence for the company to cease to be an unquoted company, and
- (c) there must be no arrangements in existence for the company to become a subsidiary of another company (“the new company”) by virtue of an exchange of shares, or shares and securities, if—
- (i) section 576J applies in relation to the exchange, and
- (ii) arrangements have been made with a view to the new company ceasing to be an unquoted company.
- (2) The arrangements referred to in subsection (1)(b) and (c)(ii) do not include arrangements in consequence of which any shares, stocks, debentures or other securities of the company or the new company are at any subsequent time—
- (a) listed on a stock exchange that is a recognised stock exchange by virtue of an order made under section 1005(1)(b) of ITA 2007, or
- (b) listed on an exchange, or dealt in by any means, designated by an order made for the purposes of section 184(3)(b) or (c) of that Act,
if the order was made after the relevant time.
- (3) In this section—
- “*arrangements*” includes any scheme, agreement or understanding, whether or not legally enforceable,
- “*debenture*” has the meaning given by section 738 of the Companies Act 2006,
- “*unquoted company*” has the meaning given by section 184(2) of ITA 2007.
##### 576I
The Treasury may by order make such amendments of sections 576B to 576H as they consider appropriate.
### Qualifying trading companies: supplementary provisions
##### 576J
- (1) This section and section 576K apply in relation to shares if—
- (a) a company (“the new company”) in which the only issued shares are subscriber shares acquires all the shares (“old shares”) in another company (“the old company”),
- (b) the consideration for the old shares consists wholly of the issue of shares (“new shares”) in the new company,
- (c) the consideration for the new shares of each description consists wholly of old shares of the corresponding description,
- (d) new shares of each description are issued to the holders of old shares of the corresponding description in respect of and in proportion to their holdings, and
- (e) by virtue of section 127 of the 1992 Act as applied by section 135(3) of that Act (company reconstructions etc), the exchange of shares is not to be treated as involving a disposal of the old shares or an acquisition of the new shares.
In this subsection references to shares, except the first and that in the expression “subscriber shares”, include securities.
- (2) For the purposes of this Chapter the exchange of shares is not regarded as involving any disposal of the old shares or any acquisition of the new shares.
- (3) Nothing in section 576D (the control and independence requirement) applies in relation to such an exchange of shares, or shares and securities, as is mentioned in subsection (1), or arrangements with a view to such an exchange.
- (4) For the purposes of this section old shares and new shares are of a corresponding description if, on the assumption that they were shares in the same company, they would be of the same class and carry the same rights.
- (5) References in section 576K to “old shares”, “new shares”, “the old company” and “the new company” are to be read in accordance with this section.
##### 576K
- (1) Subsection (2) applies if, in the case of any new shares held by a company or by a nominee for a company, the old shares for which they were exchanged were shares that had been subscribed for by the company (“the investor”).
- (2) This Chapter has effect as if—
- (a) the new shares had been subscribed for by the investor at the time when, and for the amount for which, the old shares were subscribed for by the investor,
- (b) the new shares had been issued by the new company at the time when the old shares were issued to the investor by the old company, and
- (c) any requirements of this Chapter which were met at any time before the exchange by the old company had been met at that time by the new company.
- (3) Section 573(6) applies for the purposes of this section.
- (4) Nothing in subsection (2) applies in relation to section 195(7) of ITA 2007 as applied by section 576B(7) above for the purposes mentioned in section 576B(8).
### Supplemental
##### 576L
- (1) In this Chapter (subject to subsections (2) to (5))—
- “*excluded company*” means a company which—has a trade which consists wholly or mainly of dealing in land, in commodities or futures or in shares, securities or other financial instruments,has a trade which is not carried on on a commercial basis and in such a way that profits in the trade can reasonably be expected to be realised,is a holding company of a group other than a trading group, oris a building society or a registered industrial and provident society,
- “group” (except in sections 576B and 576G) means a company which has one or more 51% subsidiaries together with that or those subsidiaries,
- “*holding company*” means a company whose business consists wholly or mainly in the holding of shares or securities of companies which are its 51% subsidiaries,
- “*investment company*” has the meaning given by section 130 except that it does not include the holding company of a trading group,
- “*registered industrial and provident society*” means a society registered or treated as registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) Act 1969,
- “shares”—includes stock, butdoes not include shares or stock not forming part of a company's ordinary share capital,
- “*trading company*” means a company other than an excluded company which is—a company whose business consists wholly or mainly of the carrying on of a trade or trades, orthe holding company of a trading group, and
- “*trading group*” means a group the business of whose members, when taken together, consists wholly or mainly in the carrying on of a trade or trades.
- (2) Except as provided by subsection (3), paragraph (b) of the definition of “shares” in subsection (1) does not apply in the definition of “excluded company” in subsection (1) or in section 576J(1) to (4).
- (3) Paragraph (b) of that definition applies in relation to the first reference to “shares” in section 576J(1).
- (4) The definition of “shares” in subsection (1) does not apply in sections 576B(5)(a), 576G(3) and 576H(1)(c) and (2).
- (5) For the purposes of the definition of “trading group” in subsection (1), any trade carried on by a subsidiary which is an excluded company is treated as not constituting a trade.
#### Expenditure on car hire: supplementary
##### 577A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 578A
- (1) This section provides for a reduction in the amounts—
- (a) allowable as deductions in computing profits chargeable to corporation tax under Case I or II of Schedule D, or
- (b) which can be included as expenses of management of a company with investment business (as defined by section 130),. . . or
- (bb) which can be brought into account under section 76 as expenses payable,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for expenditure on the hiring of a car to which this section applies.
- (2) This section applies to the hiring of a car which is not—
- (a) a car that is first registered before 1 March 2001,
- (b) a car that has low CO₂ emissions (as defined in section 104AA of the Capital Allowances Act),
- (c) a car that is electrically propelled (as defined in section 268B of that Act), or
- (d) a qualifying hire car.
“Car” and “qualifying hire car” are defined by section 578B.
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2C) This section does not apply to the hiring of a car where condition A or condition B in section 58A of CTA 2009 (short-term hiring in and long-term hiring out) is met.
- (3) The amount which would, apart from this section, be allowable or capable of being included must be reduced by 15%.
- (4) If an amount has been reduced under subsection (3) and subsequently—
- (a) there is a rebate (however described) of the rentals, or
- (b) there occurs in connection with the rentals a transaction that falls within section 94 (debts deducted and subsequently released),
the amount otherwise taxable in respect of the rebate or transaction must be reduced by 15%.
- (5) For the purposes of section 50B of ITTOIA 2005 (connected persons: application of restrictions), this section is to be treated as if it were part of section 48 of that Act.
##### 578B
- (1) In section 578A “car” means a mechanically propelled road vehicle other than . . . —
- (za) a motor cycle (within the meaning of section 185(1) of the Road Traffic Act 1988),
- (a) a vehicle of a construction primarily suited for the conveyance of goods or burden of any description, or
- (b) a vehicle of a type not commonly used as a private vehicle and unsuitable for such use.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For the purposes of section 578A, a car is a qualifying hire car if—
- (a) it is hired under a hire-purchase agreement (within the meaning of section 784(6)) under which there is an option to purchase exercisable on the payment of a sum equal to not more than 1 per cent. of the retail price of the car when new, or
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) it is leased under a long-funding lease (within the meaning of section 70G of the Capital Allowances Act).
- (3) In . . . this section “*new*” means unused and not second-hand.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 580A
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##### 580B
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##### 580C
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#### Gifts of shares, securities and real property to charities etc
##### 581A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 582A
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#### Introductory.
##### 587A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 587B
- (1) Subsection (2) below applies where, otherwise than by way of a bargain made at arm’s length, a company which is not itself a charity disposes of the whole of the beneficial interest in a qualifying investment to a charity.
- (2) On a claim made in that behalf to an officer of the Board—
- (a) the relevant amount shall be allowed—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) . . . as a charge on income for the purposes of corporation tax for the accounting period in which the disposal is made; and
- (b) no relief in respect of the disposal shall be given under section 105 of CTA 2009 (gifts of trading stock to charities etc),. . . ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Subject to subsections (5) to (7) below, the relevant amount is an amount equal to—
- (a) where the disposal is a gift, the value of the net benefit to the charity at, or immediately after, the time when the disposal is made (whichever time gives the lower value);
- (b) where the disposal is at an undervalue, the amount by which—
- (i) the value described in paragraph (a) above, exceeds
- (ii) the amount or value of the consideration for the disposal,
or, if there is no such excess, nil.
- (5) Where there are one or more benefits received in consequence of making the disposal which are received by the company making the disposal or a person connected with it, the relevant amount shall be reduced by the value of that benefit or, as the case may be, the aggregate value of those benefits; and section 839 applies for the purposes of this subsection.
- (6) Where the disposal is a gift, the relevant amount shall be increased by the amount of the incidental costs of making the disposal to the company making it.
- (7) Where the disposal is at an undervalue—
- (a) to the extent that the consideration for the disposal is less than that for which the disposal is treated as made by virtue of section 257(2)(a) of the 1992 Act, the relevant amount shall be increased by the amount of the incidental costs of making the disposal to the company making it; and
- (b) section 48 of that Act (consideration due after time of disposal) shall apply in relation to the computation of the relevant amount as it applies in relation to the computation of a gain.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8A) The value of the net benefit to the charity is—
- (a) the market value of the qualifying investment, unless subsection (8B) below applies;
- (b) where that subsection applies, that market value reduced by the aggregate amount of the related liabilities of the charity (see subsections (8E) to (8G)).
- (8B) This subsection applies in any case where—
- (a) the charity is, or becomes, subject to an obligation to any person (whether or not the company making the disposal or a person connected with it), and
- (b) one or more of the conditions in subsection (8C) below is satisfied.
- (8C) For the purposes of subsection (8B) above—
- (a) condition 1 is that, taking into account all the circumstances (including, in particular, the difference in the value of the net benefit to the charity if subsection (8B) applies and if it does not), it is reasonable to suppose that the disposal of the qualifying investment to the charity would not have been made in the absence of the obligation;
- (b) condition 2 is that the obligation (whether in whole or in part) relates to, is framed by reference to, or is conditional on the charity receiving, the qualifying investment or a related investment (see subsection (8D)).
- (8D) In subsection (8C) above “*related investment*” means any of the following—
- (a) any asset of the same class or description as the qualifying investment (irrespective of size, quantity or amount);
- (b) any asset derived from, or representing, the qualifying investment whether in whole or in part and whether directly or indirectly;
- (c) any asset from which the qualifying investment is derived, or which the qualifying investment represents, whether in whole or in part and whether directly or indirectly.
- (8E) For the purposes of this section, the liabilities which are related liabilities in the case of any qualifying investment are the liabilities of the charity under each of the obligations that fall within subsection (8B) above (as read with subsection (8C) above) in relation to that investment.
- (8F) Where an obligation is contingent and the contingency occurs, the amount to be brought into account for the purposes of this section at any time in respect of the liability, so far as contingent, under the obligation is the amount or value of the liability actually incurred in consequence of the occurrence of the contingency.
- (8G) Where an obligation is contingent and the contingency does not occur, the amount to be brought into account for the purposes of this section at any time in respect of the liability, so far as contingent, is nil.
- (9) In this section—
- “*authorised unit trust*” has the meaning given by section 468;
- “*charity*” has the same meaning as in section 506 and includes the Trustees of the National Heritage Memorial Fund;the Historic Buildings and Monuments Commission for England; andthe National Endowment for Science, Technology and the Arts;
- “*the incidental costs of making the disposal to the company making it*” shall be construed in accordance with section 38(2) of the 1992 Act;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 337(1) (effect of company beginning or ceasing to carry on trade);
- section 401(1) (pre-trading expenditure);
- section 64 of and Schedule 22 to the Finance Act 2002 (change of accounting basis).
##### 21C
- (1) The following provisions have effect for the purpose of applying the charge to corporation tax under Schedule A in relation to mutual business.
- (2) The transactions or relationships involved in mutual business are treated as if they were transactions or relationships between persons between whom no relationship of mutuality existed.
- (3) Any surplus arising from the business is regarded as a profit (and any deficit as a loss) if it would be so regarded if the business were not mutual.
- (4) The company to which the profit arises is the company which would satisfy that description if the business were not mutual business.
- (5) Nothing in this section affects the operation of section 488 (co-operative housing associations).
##### 31ZA
- “*obligation*” includes a reference to each of the following—any scheme, arrangement or understanding of any kind, whether or not legally enforceable;a series of obligations (whether or not between the same parties);
- “*offshore fund*” has the same meaning as in Chapter 5 of Part 17;
- “*open-ended investment company*” is to be read in accordance with section 468A(2) to (4);
- “*qualifying investment*” means any of the following—shares or securities which are listed on a recognised stock exchange or dealt in on any designated market in the United Kingdom;units in an authorised unit trust;shares in an open-ended investment company;. . . an interest in an offshore fund; anda qualifying interest in land;
- “*related liabilities*” shall be construed in accordance with subsection (8E) above;
- “*value of the net benefit to the charity*” shall be construed in accordance with subsection (8A) above.
- (9ZA) In paragraph (a) of the definition of “qualifying investment” in subsection (9) above, “*designated*” means designated by an order made by the Commissioners for Her Majesty's Revenue and Customs for the purposes of that paragraph.
- (9ZB) An order under subsection (9ZA) above may—
- (a) designate a market by name or by reference to any class or description of market, and
- (b) vary or revoke a previous order under that subsection.
- (9A) In this section a “*qualifying interest in land*” means—
- (a) a freehold interest in land, or
- (b) a leasehold interest in land which is a term of years absolute,
where the land in question is in the United Kingdom.
This subsection is subject to subsections (9B) to (9D) below.
- (9B) Where a company makes a disposal to a charity of—
- (a) the whole of its beneficial interest in such freehold or leasehold interest in land as is described in subsection (9A)(a) or (b) above, and
- (b) any easement, servitude, right or privilege so far as benefiting that land,
the disposal falling within paragraph (b) above is to be regarded for the purposes of this section as a disposal by the company of the whole of its beneficial interest in a qualifying interest in land.
- (9C) Where a company which has a freehold or leasehold interest in land in the United Kingdom grants a lease for a term of years absolute (or, in the case of land in Scotland, grants a lease) to a charity of the whole or part of that land, the grant of that lease is to be regarded for the purposes of this section as a disposal by the company of the whole of the beneficial interest in the leasehold interest so granted.
- (9D) For the purposes of subsection (9A) above, an agreement to acquire a freehold interest and an agreement for a lease are not qualifying interests in land.
- (9E) In the application of this section to Scotland—
- (a) references to a freehold interest in land are references to the interest of the owner,
- (b) references to a leasehold interest in land which is a term of years absolute are references to a tenant’s right over or interest in a property subject to a lease, and
- (c) references to an agreement for a lease do not include references to missives of let that constitute an actual lease.
- (10) Subject to subsection (11) below, the market value of any qualifying investment shall be determined for the purposes of this section as for the purposes of the 1992 Act.
- (10A) Section 839 (connected persons) applies for the purposes of this section.
- (11) In the case of an interest in an offshore fund for which there are separate published buying and selling prices, section 272(5) of the 1992 Act (meaning of “*market value*” in relation to rights of unit holders in a unit trust scheme) shall apply with any necessary modifications for determining the market value of the interest for the purposes of this section.
- (12) This section is supplemented by sections 587BA and 587C below.
##### 587BA
- (1) This section applies for the purposes of section 587B where a qualifying investment is a qualifying interest in land.
- (2) Where two or more persons (“the owners”)—
- (a) are jointly beneficially entitled to the qualifying interest in land, or
- (b) are, taken together, beneficially entitled in common to the qualifying interest in land,
relief under section 587B is available if at least one of the owners is a qualifying company and all the owners dispose of the whole of their beneficial interests in the qualifying interest in land to the charity.
- (3) Subsection (4) applies if one or more of the owners is not a company.
- (4) For the purpose of determining whether the owners' beneficial interests are disposed of as mentioned in subsection (2), section 587B(9B) and (9C) applies as if references to a company included a reference to a person who is not a company.
- (5) Relief under section 587B is available to each of the owners which is a qualifying company.
- (6) If one or more of the owners is an individual—
- (a) the relevant amount is taken to be the relievable amount calculated for the purposes of Chapter 3 of Part 8 of ITA 2007, and
- (b) the amount of relief under section 587B to be given to a qualifying company is such share of the relievable amount as is allocated to the company by the agreement mentioned in section 442(5) of ITA 2007.
- (7) Subsections (8) to (12) apply if none of the owners is an individual.
- (8) The amount of relief under section 587B to be given to a qualifying company is such share of the relevant amount as is allocated to the company by an agreement made between those owners which are qualifying companies.
- (9) Calculate the relevant amount as if—
- (a) the owners were a single qualifying company, and
- (b) the disposals of the owners' beneficial interests were a single disposal by that single company of the whole of the beneficial interest in the qualifying interest in land.
- (10) In particular, for the purposes of section 587B(7) calculate the consideration for which the disposal is made by virtue of section 257(2)(a) of the 1992 Act by—
- (a) calculating, for each owner, the consideration for which the disposal of the owner's beneficial interest is so made, and
- (b) adding together all the consideration calculated under paragraph (a).
- (11) If one or more of the owners is not a qualifying company, in calculating the relevant amount make just and reasonable adjustments to reduce the relevant amount to reflect the fact that relief under section 587B is not available to that owner or to those owners.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) A company is a qualifying company if—
- (a) it is not itself a charity, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 587C
- (1) This section applies for the purposes of section 587B where a qualifying investment is a qualifying interest in land.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) No company may make a claim for a relief under subsection (2) of section 587B unless it has received a certificate given by or on behalf of the charity.
- (5) The certificate must—
- (a) specify the description of the qualifying interest in land which is the subject of the disposal,
- (b) specify the date of the disposal, and
- (c) contain a statement that the charity has acquired the qualifying interest in land.
- (6) If, in the case of a disposal of a qualifying interest in land, a disqualifying event occurs at any time in the relevant period, the following shall be treated as never having been entitled to relief under section 587B in respect of the disposal—
- (a) in a case to which section 587BA does not apply, the company which made the disposal, and
- (b) in a case to which section 587BA applies, each qualifying company which is an owner.
- (7) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (6) above.
- (8) For the purposes of subsection (6) above a disqualifying event occurs if a person mentioned in subsection (8A)—
- (a) becomes entitled to an interest or right in relation to all or part of the land to which the disposal relates, or
- (b) becomes party to an arrangement under which he enjoys some right in relation to all or part of that land,
otherwise than for full consideration in money or money’s worth.
- (8A) The persons are—
- (a) in a case to which section 587BA does not apply—
- (i) the company which made the disposal, or
- (ii) a person connected with that company, and
- (b) in a case to which section 587BA applies—
- (i) a person who is an owner, or
- (ii) a person connected with such a person.
- (9) A disqualifying event does not occur, for the purposes of subsection (6) above, if a person becomes entitled to an interest or right as mentioned in subsection (8)(a) above as a result of a disposition of property on death, whether the disposition is effected by will, under the law relating to intestacy or otherwise.
- (10) For the purposes of subsection (6) above the relevant period is the period beginning with the date of the disposal of the qualifying interest in land and ending with—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . the sixth anniversary of the end of the accounting period in which the disposal was made.
- (11) Section 839 (connected persons) applies for the purposes of this section.
- (12) This section shall be construed as one with section 587B.
#### Interpretation.
##### 589A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 589B
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Losses from overseas property business.
##### 590A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 590B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 590C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Definition of insurance company.
##### 596A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 596B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 596C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 599A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 605A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 606A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 611A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 611AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 611A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 617A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Overseas life assurance business: life policies.
#### Transactions in deposits with and without certificates or in debts.
##### 631A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 632A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 632B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 634A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 636A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 637A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 638ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 638A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trading companies
##### 640A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 641A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The control and independence requirement
#### Ceasing to meet the trading requirement because of administration or receivership
##### 646A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 646B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 646C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 646D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Annuities: charge to tax
##### 648A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 648B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 650A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 651A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 653A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 658A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659A
- (1) For the purposes of sections . . . 613(4), 614(3) and (4) . . . —
- (a) “*investments*” (or “*investment*”) includes futures contracts and options contracts, and
- (b) income derived from transactions relating to such contracts shall be regarded as income derived from (or income from) such contracts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For the purposes of subsection (1) above a contract is not prevented from being a futures contract or an options contract by the fact that any party is or may be entitled to receive or liable to make, or entitled to receive and liable to make, only a payment of a sum (as opposed to a transfer of assets other than money) in full settlement of all obligations.
##### 659B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659E
- (1) The exemptions specified below do not apply to income derived from investments, deposits or other property held as a member of a property investment LLP (see section 1004 of ITA 2007).
- (2) The exemptions are those provided by—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 613(4) (Parliamentary pension funds),
- section 614(3) (certain colonial, &c. pension funds),
- section 614(4) (the Overseas Service Pension Fund),
- section 614(5) (other pension funds for overseas employees),
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The income to which subsection (1) above applies includes relevant stock lending fees, in relation to any investments, to which any of the provisions listed in subsection (2) above would apply by virtue of section 129B.
- (4) Section 659A (treatment of futures and options) applies for the purposes of subsection (1) above.
### Chapter IA — Liability of settlor
### Main provisions
#### Interpretation.
##### 660A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660C
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary provisions
##### 660E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 674A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax credits under Part 1 of Tax Credits Act 2002
#### The prescribed circumstances.
##### 682A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### . . .
### . . .
##### 685A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Stock lending.
##### 685F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Deemed manufactured payments in the case of stock lending arrangements.
##### 686A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 686B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 686C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 686D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Quasi-stock lending arrangements and quasi-cash collateral
##### 686E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 687A
- (1) This section applies where—
- (a) the trustees of a settlement make a payment to a company;
- (b) sections 494 and 495 of ITA 2007 apply in relation to the payment; and
- (c) the company is chargeable to corporation tax and does not fall within subsection (2) below.
- (2) A company falls within this subsection if it is—
- (a) a charitable company, as defined in section 506(1);
- (b) a body mentioned in section 507 (heritage bodies); or
- (c) an Association of a description specified in section 508 (scientific research organisations).
- (3) Where this section applies—
- (a) none of the following provisions, namely—
- (i) section 7(2),
- (ii) section 11(3),
- (iii) section 952 of ITA 2007 (set off of income tax suffered against income tax payable),
shall apply in the case of the payment;
- (b) the payment shall be left out of account in calculating the profits of the company for the purposes of corporation tax; and
- (c) no repayment shall be made of the amount treated under section 494 of ITA 2007 as income tax paid by the company in the case of the payment.
- (4) If the company is not resident in the United Kingdom, this section applies only in relation to so much (if any) of the payment as is comprised in the company’s chargeable profits for the purposes of corporation tax.
### Chapter ID — Trust management expenses
##### 689A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 689B
- (1) The expenses of the trustees of a settlement in any year of assessment, so far as they are properly chargeable to income (or would be so chargeable but for any express provisions of the trust), shall be treated—
- (a) as set against so much (if any) of any income as is income falling within subsection (2) , (2A) or (3) below before being set against other income; and
- (b) as set against so much (if any) of any income as is income falling within subsection (2) or (2A) below before being set against income falling within subsection (3) below; and
- (c) as set against so much (if any) of any income as is income falling within subsection (2) below before being set against income falling within subsection (2A) below.
- (2) Income falls within this subsection if it is—
- (a) so much of the income of the trustees as is income chargeable under Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc. from UK resident companies etc.);
- (b) income treated as arising to the trustees under Chapter 5 of that Part (stock dividends from UK resident companies); or
- (c) income chargeable under Chapter 6 of that Part (release of loan to participator in close company).
- (2A) Income falls within this subsection if it is —
- (a) income chargeable under Chapter 4 of Part 4 of ITTOIA 2005 (dividends from non-UK resident companies); or
- (b) a relevant foreign distribution chargeable under Chapter 8 of Part 5 of that Act (income not otherwise charged).
- (2B) In subsection (2A) “*relevant foreign distribution*” means any distribution of a company not resident in the United Kingdom which—
- (a) is not chargeable under Chapter 4 of Part 4 of ITTOIA 2005, but
- (b) would be chargeable under Chapter 3 of that Part if the company were resident in the United Kingdom.
- (3) Income falls within this subsection if it is income of the trustees which is savings income (within the meaning of section 18 of ITA 2007).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) This section applies for corporation tax purposes only.
##### 698A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 699A
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#### Section 432B apportionment: value of non-participating funds.
#### Section 432B apportionment: supplementary provisions.
##### 705A
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##### 705B
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#### Imputation of chargeable profits and creditable tax of controlled foreign companies
#### Reduced loss relief for additions to non-profit funds
#### Computation of losses and limitation on relief.
##### 722A
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#### Income arising under settlement where settlor retains an interest.
##### 726A
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##### 727A
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#### Revocable settlements allowing release of obligation.
##### 730A
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##### 730B
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##### 730BB
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##### 730C
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#### Section 751A: supplementary
##### 736A
Schedule 23A to this Act shall have effect in relation to certain cases where under a contract or other arrangements for the transfer of shares or other securities a person is required to pay to the other party an amount representative of a dividend or payment of interest on the securities.
#### Apportionment of chargeable profits and creditable tax
##### 736B
- (1) This section applies where—
- (a) any interest on securities transferred by the lender under a stock lending arrangement is paid, as a consequence of the arrangement, to a person other than the lender; and
- (b) no provision is made for securing that the lender receives payments representative of that interest.
- (2) Where this section applies, Schedule 23A and the provisions for the time being contained in any regulations under that Schedule , and Chapter 9 of Part 6 of CTA 2009 (loan relationships: manufactured interest), shall apply for corporation tax purposes, subject to subsection (2A) below, as if—
- (a) the borrower were required under the stock lending arrangement to pay the lender an amount representative of the interest mentioned in subsection (1)(a) above;
- (b) a payment were made by the borrower in discharge of that requirement; and
- (c) that payment were made on the same date as the payment of the interest of which it is representative.
- (2A) The borrower is not entitled, by virtue of anything in Schedule 23A or any provision of regulations under that Schedule, or otherwise—
- (a) to any deduction in computing profits or gains for the purposes of . . . corporation tax, or
- (b) to any deduction against . . . total profits,
in respect of any such deemed requirement or payment as is provided for by subsection (2) above.
Where the borrower is a company, an amount may not be surrendered by way of group relief if a deduction in respect of it is prohibited by this subsection.
- (3) In this section—
- “*interest*” includes dividends; and
- “*stock lending arrangement*” and “*securities*” have the same meanings as in section 263B of the 1992 Act.
- (4) See section 736D for provision treating certain arrangements as stock lending arrangements for the purposes of this section.
##### 736C
- (1) This section applies where—
- (a) the borrower under a stock lending arrangement is treated under section 736B(2) as paying under that arrangement an amount representative of interest on any securities (“the relevant securities”),
- (b) an amount of money (“cash collateral”) is payable to or for the benefit of the lender for the purpose of securing the discharge of the requirement to transfer the relevant securities back to the lender,
- (c) the stock lending arrangement is designed to produce a return to the borrower which equates, in substance, to the return on an investment of money at interest, and
- (d) the main purpose, or one of the main purposes, of the stock lending arrangement is the obtaining of a tax advantage.
- (2) Where this section applies—
- (a) the Corporation Tax Acts are to apply as if the borrower receives an amount of interest payable in respect of the cash collateral, and
- (b) the amount of the interest is calculated in accordance with the following provisions of this section (see, in particular, subsections (3) to (7)).
- (3) The interest is treated for the purposes of the Corporation Tax Acts as if it were received on the date (“the return date”) on which the borrower transfers the relevant securities back to the lender.
- (4) The interest is treated for the purposes of the Corporation Tax Acts as if it were payable in respect of the period (“*the interest period*”)—
- (a) beginning with the date on which the lender transfers the relevant securities to the borrower, and
- (b) ending with the return date.
- (5) The rate of interest payable in respect of the cash collateral is a rate that is reasonably comparable to the rate that the borrower could obtain by placing the cash collateral on deposit for the interest period.
- (6) For the purposes of this section, the amount of the cash collateral on which the interest is payable is taken to be—
- (a) in any case where the amount of the cash collateral varies at any time on or before the return date, the highest amount of the cash collateral at any time on or before the return date, and
- (b) in any other case, the amount of the cash collateral as at the return date.
- (7) The amount of the interest which the borrower is treated as receiving in respect of the cash collateral for the interest period is reduced (but not below nil) by any interest which the borrower actually receives in respect of that collateral for that period.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) If the borrower is a company within the charge to corporation tax—
- (a) the interest which the borrower is treated as receiving is treated for the purposes of Part 5 of CTA 2009 (loan relationships) as payable to it on a money debt,
- (b) that money debt is treated for those purposes as a relationship to which Chapter 2 of Part 6 of that Act applies (relevant non-lending relationships), and
- (c) the credits to be brought into account for those purposes in respect of the interest must be determined using an amortised cost basis of accounting.
- (10) The fact that the borrower is treated as receiving an amount of interest is not to be taken as implying that the interest is payable by the lender or any other person.
- (11) For the purposes of this section—
- “*money*” includes money expressed in a currency other than sterling,
- “*stock lending arrangement*” and “*securities*” have the same meanings as in section 263B of the 1992 Act,
- “*tax advantage*” has the meaning given by section 840ZA.
- (12) For the purposes of this section—
- (a) any reference to the transfer of securities back has the same meaning as in section 263B of the 1992 Act (see, in particular, sections 263B(5) and 263C(1) of that Act), but
- (b) if it becomes apparent that the borrower will not comply with the requirement to transfer any securities back, the borrower is treated as if he transfers them back on the date on which it becomes so apparent.
- (13) For the purposes of this section it does not matter—
- (a) whether the cash collateral is payable by the borrower or by any other person,
- (b) whether the cash collateral is payable under the stock lending arrangement or under any other arrangement,
- (c) whether collateral in another form is also provided in connection with the stock lending arrangement.
- (14) See section 736D—
- (a) for provision treating certain arrangements as stock lending arrangements for the purposes of this section, and
- (b) for provision treating certain amounts as cash collateral for those purposes.
##### 736D
- (1) In this section “*quasi-stock lending arrangement*” means so much of any arrangements between two or more persons as are not stock lending arrangements, but are arrangements under which—
- (a) a person (“*the lender*”) transfers securities to another person (“*the borrower*”), and
- (b) a requirement is imposed on a person to transfer any or all of the securities, or any other property, back to the lender or any other person,
and it does not matter whether the person on whom that requirement is imposed is the borrower or any other person.
- (2) In this section “*quasi-cash collateral*”, in relation to any stock lending arrangement or quasi-stock lending arrangement, means—
- (a) any money which is payable for a relevant purpose, plus
- (b) any other property which is transferable for a relevant purpose.
- (3) Money or other property is payable or transferable for a relevant purpose if it is payable or transferable to or for the benefit of—
- (a) the lender under the stock lending arrangement or quasi-stock lending arrangement, or
- (b) a person connected with that lender,
for the purpose of securing the discharge of the requirement to transfer any or all of the securities, or any other property, back to that lender or any other person.
- (4) For the purposes of sections 736B and 736C, a quasi-stock lending arrangement is treated as if it were a stock lending arrangement.
- (5) For the purposes of section 736C, in relation to any stock lending arrangement or quasi-stock lending arrangement,—
- (a) quasi-cash collateral is treated as if it were cash collateral, and
- (b) the amount of the quasi-cash collateral in relation to the stock lending arrangement or quasi-stock lending arrangement is taken to be the amount of the cash collateral.
- (6) If any property other than money is transferable for a relevant purpose, the amount of the quasi-cash collateral so far as relating to that property is determined by reference to its market value.
- (7) In any case where—
- (a) section 736C applies in relation to a quasi-stock lending arrangement, and
- (b) the person for whom the tax advantage was designed to be obtained is a person (“*the other person*”) other than the borrower under that arrangement,
that section has effect as if the other person were the person who receives the amount of interest mentioned in that section.
- (8) In any case where section 736C applies in relation to a quasi-stock lending arrangement—
- (a) any reference in that section to cash collateral being payable to or for the benefit of the lender includes its being payable to or for the benefit of a person connected with the lender,
- (b) the reference in subsection (1)(c) of that section to a return to the borrower includes a return to any other person, and
- (c) any reference in that section to the transfer back of the relevant securities by the borrower to the lender includes the transfer back of any or all of the securities, or any other property, by any person to the lender or any other person.
- (9) Section 839 (connected persons) applies for the purposes of this section.
- (10) In this section—
- “*money*” includes money expressed in a currency other than sterling,
- “*property*” means property in any form,
- “*stock lending arrangement*” and “*securities*” have the same meaning as in section 263B of the 1992 Act,
- “*transfer*” means a transfer otherwise than by way of sale.
#### Offshore income gains: application of transfer of assets abroad provisions
##### 737A
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##### 737B
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##### 737C
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##### 737D
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##### 737E
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##### 741A
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##### 741B
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##### 741C
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##### 741D
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#### Transfer schemes: reduction of income of transferee
##### 747A
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##### 748ZA
- (1) Nothing in section 748(1)(da) prevents an apportionment falling to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company (“X”) if condition A, B or C is met.
- (2) Condition A is that at any time before the end of the relevant accounting period a scheme is entered into and—
- (a) in the absence of this subsection, in consequence of the scheme, section 748(1)(da) would apply to prevent an apportionment falling to be made as regards the relevant accounting period of X, and
- (b) the main purpose, or one of the main purposes, of any party to the scheme in entering into the scheme is to secure that section 748(1)(da) prevents an apportionment falling to be made as regards that period, or that period and one or more other accounting periods of X.
- (3) Condition B is that at any time before the end of the relevant accounting period a scheme is entered into and—
- (a) in consequence of the scheme profits are shifted to X from another company (“Y”),
- (b) the main purpose or one of the main purposes of any party to the scheme in entering into the scheme is to ensure that section 748(1)(da) prevents an apportionment falling to be made as regards the chargeable profits of one or more controlled foreign companies for one or more accounting periods, and
- (c) the relevant accounting period of X falls wholly or partly within that accounting period or those accounting periods.
- (4) For the purposes of subsection (3), profits are shifted to X from Y if it is reasonable to suppose that in the absence of the scheme, and any similar scheme, the whole or a part of the income which is reflected in X's profits would have been reflected in Y's profits.
- (5) Condition C is that, in determining X's chargeable profits for the relevant accounting period—
- (a) section 418(5) of CTA 2009 (loan relationships involving connected debtor and creditor where debits exceed credits) has effect so as to treat X, for the purposes of Part 5 of that Act, as bringing into account for that period credits in respect of a loan relationship, or
- (b) Part 21B of CTA 2010 (group mismatch schemes) has effect so as to exclude an amount from being brought into account as a debit or credit for the purposes of Part 5 of CTA 2009 (loan relationships) or Part 7 of that Act (derivative contracts).
- (6) For the purposes of this section—
- “*apportionment*” means an apportionment under section 747(3);
- “*scheme*” means any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving one or more transactions.
##### 748A
- (1) Nothing in section 748 prevents an apportionment under section 747(3) falling to be made as regards an accounting period of a controlled foreign company if the company—
- (a) is a company incorporated in a territory to which this section applies as respects that accounting period; or
- (b) is at any time in that accounting period liable to tax in such a territory by reason of domicile, residence or place of management; or
- (c) at any time in that accounting period carries on business through a permanent establishment in such a territory.
- (2) The condition in subsection (1)(c) above is not satisfied as regards an accounting period of a controlled foreign company if the business carried on by the company in that period through permanent establishments in territories to which this section applies, taken as a whole, is only a minimal part of the whole of the business carried on by the company in that period.
- (3) The territories to which this section applies as respects an accounting period of a controlled foreign company are those specified as such in regulations made by the Treasury.
- (4) Regulations under subsection (3) above—
- (a) may make different provision for different cases or with respect to different territories; and
- (b) may contain such incidental, supplemental, consequential or transitional provision as the Treasury may think fit.
- (5) A statutory instrument containing regulations under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
##### 749A
- (1) An election under paragraph (d) or a designation under paragraph (e) of section 749(3) shall have effect in relation to—
- (a) the accounting period in relation to which it is made (“the original accounting period"), and
- (b) each successive accounting period of the controlled foreign company in question which precedes the next one in which the eligible territories are different,
and shall so have effect notwithstanding any change in the persons who have interests in the company or any change in the interests which those persons have in the company.
- (2) For the purposes of subsection (1)(b) above, an accounting period of the controlled foreign company is one in which the eligible territories are different if in the case of that accounting period—
- (a) at least one of the two or more territories which fell within subsection (1) of section 749 in the original accounting period does not fall within that subsection; or
- (b) some other territory also falls within that subsection.
- (3) Any election under section 749(3)(d)—
- (a) must be made by notice given to an officer of the Board;
- (b) must be made no later than twelve months after the end of the controlled foreign company’s accounting period in relation to which it is made;
- (c) must state, as respects each of the persons making it, the percentage of the chargeable profits and creditable tax (if any) of the controlled foreign company for that accounting period which it is likely would be apportioned to him on an apportionment under section 747(3) if one were made;
- (d) must be signed by the persons making it; and
- (e) is irrevocable.
- (4) Nothing in—
- (a) paragraph 10 of Schedule 18 to the Finance Act 1998 (claims or elections in company tax returns), or
- (b) Schedule 1A to the Management Act (claims or elections not included in returns),
shall apply, whether by virtue of section 754 or otherwise, to an election under section 749(3)(d).
- (5) A designation under section 749(3)(e) is irrevocable.
- (6) Where the Board make a designation under section 749(3)(e), notice of the making of the designation shall be given to every company resident in the United Kingdom which appears to the Board to have had an assessable interest in the controlled foreign company at any time during the accounting period of the controlled foreign company in relation to which the designation is made.
- (7) A notice under subsection (6) above shall specify—
- (a) the date on which the designation was made;
- (b) the controlled foreign company to which the designation relates;
- (c) the accounting period of the controlled foreign company in relation to which the designation is made; and
- (d) the territory designated.
- (8) Subsection (9) of section 749 has effect for the purposes of subsection (6) above as it has effect for the purposes of subsection (8) of that section.
- (9) For the purposes of this section the effect of any application under section 751A shall be disregarded.
##### 749B
- (1) For the purposes of this Chapter, the following persons have an interest in a company—
- (a) any person who possesses, or is entitled to acquire, share capital or voting rights in the company;
- (b) any person who possesses, or is entitled to acquire, a right to receive or participate in distributions of the company;
- (c) any person who is entitled to secure that income or assets (whether present or future) of the company will be applied directly or indirectly for his benefit; and
- (d) any other person who, either alone or together with other persons, has control of the company.
- (2) Rights which a person has as a loan creditor of a company do not constitute an interest in the company for the purposes of this Chapter.
- (3) For the purposes of subsection (1)(b) above, the definition of “distribution" in Part VI shall be construed without any limitation to companies resident in the United Kingdom.
- (4) References in subsection (1) above to being entitled to do anything apply where a person—
- (a) is presently entitled to do it at a future date, or
- (b) will at a future date be entitled to do it;
but a person whose entitlement to secure that any income or assets of the company will be applied as mentioned in paragraph (c) of that subsection is contingent upon a default of the company or any other person under any agreement shall not be treated as falling within that paragraph unless the default has occurred.
- (5) Where a company has an interest in another company and a third person has, or two or more persons together have, an interest in the first company (as in a case where one company has a shareholding in a controlled foreign company and the first company is controlled by a third company or by two or more persons together) subsections (6) and (7) below apply.
- (6) Where this subsection applies, the person who has, or each of the persons who together have, the interest in the first company shall be regarded for the purposes of this Chapter as thereby having an interest in the second company.
- (7) In any case where this subsection applies, in construing references in this Chapter to one person having the same interest as another, the person or, as the case may be, each of the persons who together have, the interest in the first company shall be treated as having, to the extent of that person’s interest in that company, the same interest as the first company has in the second company.
- (8) Where two or more persons jointly have an interest in a company otherwise than in a fiduciary or representative capacity, they shall be treated for the purposes of this Chapter as having the interest in equal shares.
##### 750A
- (1) Where—
- (a) in any accounting period a company is to be regarded by virtue of any of subsections (1) to (4) of section 749 as resident in a particular territory outside the United Kingdom, and
- (b) within the meaning of section 750(1), the local tax in respect of the profits arising to the company in that accounting period is equal to or greater than three-quarters of the corresponding United Kingdom tax on those profits, but
- (c) that local tax is determined under designer rate tax provisions,
the company shall be taken for the purposes of this Chapter to be subject to a lower level of taxation in that territory in that accounting period.
- (2) In subsection (1) above “*designer rate tax provisions*” means provisions—
- (a) which appear to the Board to be designed to enable companies to exercise significant control over the amount of tax which they pay; and
- (b) which are specified in regulations made by the Board.
- (3) Regulations under subsection (2) above—
- (a) may make different provision for different cases or with respect to different territories; and
- (b) may contain such supplementary, incidental, consequential or transitional provision as the Board may think fit.
- (4) The first regulations under subsection (2) above may make provision having effect in relation to accounting periods beginning not more than fifteen months before the date on which the regulations are made.
##### 751A
- (1) This section applies if—
- (a) a company carries on a Schedule A business in relation to land which consists of or includes a dwelling-house,
- (b) the company incurs expenditure in acquiring and installing an energy-saving item in the dwelling-house or in a building containing the dwelling-house (see subsections (5) to (7)),
- (c) the expenditure is incurred before 1st April 2015,
- (d) a deduction for the expenditure is not prohibited by the wholly and exclusively rule but would otherwise be prohibited by the capital prohibition rule (see subsection (8)), and
- (e) no allowance under the Capital Allowances Act may be claimed in respect of the expenditure.
- (2) In calculating the profits of the Schedule A business, a deduction for the expenditure is allowed.
- (3) But any deduction is subject to—
- (a) section 31ZB (restrictions on the relief), and
- (b) any provision made by regulations under section 31ZC.
- (4) If, on a just and reasonable apportionment of any expenditure, part of the expenditure would qualify for the relief (but the remainder would not), a deduction is allowed for that part.
- (5) “*Energy-saving item*” means an item of an energy-saving nature of such description as is for the time being specified in regulations made by the Treasury.
- (6) The Treasury may by regulations provide for an item to be an energy-saving item only if it satisfies such conditions as may be—
- (a) specified in, or
- (b) determined in accordance with,
the regulations.
- (7) The conditions may include conditions imposed by reference to information or documents issued by any body, person or organisation.
- (a) an apportionment under section 747(3) falls to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company,
- (b) throughout that period the controlled foreign company has a business establishment in an EEA territory,
- (c) throughout that period there are individuals who work for the controlled foreign company in that territory, and
- (d) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in that period.
- (2) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for the relevant accounting period to be reduced by an amount (“*the specified amount*”) specified in the application (including to nil).
- (3) If the Commissioners grant the application—
- (a) those chargeable profits are treated as reduced by the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in those chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (4) The Commissioners may grant the application only if they are satisfied that the specified amount does not exceed the amount (if any) equal to so much of those chargeable profits as can reasonably be regarded as representing the net economic value which—
- (a) arises to the appropriate body of persons (taken as a whole), and
- (b) is created directly by qualifying work.
- (5) For the purposes of subsection (4) “*net economic value*” does not include any value which derives directly or indirectly from the reduction or elimination of any liability of any person to any tax or duty imposed under the law of any territory.
- (6) For the purposes of subsection (4) “*the appropriate body of persons*” means—
- (a) if the controlled foreign company is not a member of a group of companies, the controlled foreign company and the persons who have an interest in it at any time in the relevant accounting period, and
- (b) if the controlled foreign company is a member of a group of companies, all the persons falling within paragraph (a) and any other person who is a member of that group of companies,
and for the purposes of this subsection “*group of companies*” means a company and any other companies of which it has control.
- (7) For the purposes of subsection (4) “*qualifying work*” means work which—
- (a) is done in any EEA territory in which the controlled foreign company has a business establishment throughout the relevant accounting period, and
- (b) is done in that territory by individuals working for the controlled foreign company there.
- (8) Any reference in this section to a business establishment of a controlled foreign company in an EEA territory is to be construed in accordance with paragraph 7 of Schedule 25 (but as if the reference in that paragraph to the territory in which the company is resident were to the EEA territory).
- (9) For the purposes of this section individuals are not to be regarded as working for a company in any territory unless—
- (a) they are employed by the company in the territory, or
- (b) they are otherwise directed by the company to perform duties on its behalf in the territory.
#### Deductions: asset transferred within group.
##### 751AA
- (1) This section applies if—
- (a) an apportionment under section 747(3) falls to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company,
- (b) the chargeable profits of the controlled foreign company for the relevant accounting period would, apart from this section, include an amount of income in respect of a payment made by another company (“the payer”),
- (c) the amount that the payer brings into account for the purposes of corporation tax in respect of the payment is reduced (in part or in full) by virtue of Part 3 of Schedule 15 to FA 2009 (tax treatment of financing costs and income), and
- (d) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in the relevant accounting period.
- (2) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for the relevant accounting period (“the chargeable profits”) to be reduced by an amount (“*the specified amount*”) specified in the application (including to nil).
- (3) If the Commissioners grant the application—
- (a) the chargeable profits are treated as reduced by the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in the chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (4) The Commissioners may grant the application only if they are satisfied that the specified amount does not exceed the relevant amount.
- (5) In subsection (4) “*the relevant amount*” means the amount (if any) by which it is just and reasonable that the chargeable profits should be treated as reduced, having regard to the effect of Parts 3 and 4 of Schedule 15 to FA 2009 on amounts brought into account for the purposes of corporation tax by the payer, or any other company.
#### Change in ownership of company carrying on property business.
##### 751AB
- (1) This section applies if—
- (a) an apportionment under section 747(3) would fall to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company,
- (b) but for a relevant failure, section 748(1)(ba) or (bb) would have prevented such an apportionment, and
- (c) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in that period.
- (2) “*Relevant failure*” means—
- (a) in the case of section 748(1)(ba), one or both of the following—
- (i) a failure to satisfy the requirement of paragraph 12E of Schedule 25 (requirement as to company's UK connection) in circumstances where the requirement would be satisfied if the reference in sub-paragraph (3)(a) of that paragraph to 10% were a reference to 50%, and
- (ii) a failure to satisfy the requirement of paragraph 12F of that Schedule (finance income and relevant IP income) in circumstances where the relevant IP income of the controlled foreign company for the accounting period does not exceed 5% of the company's gross income for that period, and
- (b) in the case of section 748(1)(bb), a failure to satisfy the requirement of paragraph 12M of that Schedule (finance income).
- (3) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for the relevant accounting period (“the chargeable profits”) to be reduced to an amount specified in the application (“*the specified amount*”).
The specified amount may be nil.
- (4) If the Commissioners grant the application—
- (a) the chargeable profits are treated as reduced to the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in the chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (5) The Commissioners may grant the application only if—
- (a) they are satisfied that the specified amount is not less than the relevant amount, and
- (b) they have not previously granted an application made by the UK resident company in respect of the relevant accounting period under section 751A or 751AC.
- (6) “*The relevant amount*” means—
- (a) if the relevant failure is within subsection (2)(a), the sum of—
- (i) the excess finance and IP income (if any) for the relevant accounting period, and
- (ii) in a case where there is a failure specified in subsection (2)(a)(i), so much (if any) of the net chargeable profits for that period as are not excluded by subsection (8), and
- (b) if the relevant failure is within subsection (2)(b)—
- (i) the amount (if any) by which the controlled foreign company's finance income for the relevant accounting period exceeds 5% of its gross income for that period, or
- (ii) if that amount is a negligible amount, nil.
- (7) “The excess finance and IP income” for the relevant accounting period means—
- (a) the amount (if any) by which the total of the controlled foreign company's finance income and relevant IP income for that period exceeds 5% of its gross income for that period, or
- (b) if that amount is a negligible amount, nil.
- (8) Net chargeable profits are excluded by this subsection if, and to the extent that, they can reasonably be regarded—
- (a) as representing the net economic value which—
- (i) arises to the appropriate body of persons (taken as a whole), and
- (ii) is created directly by qualifying work, or
- (b) as not being wholly or partly attributable, directly or indirectly, to transactions with persons within the charge to United Kingdom tax.
- (9) In subsection (8)(a) “*qualifying work*” means work which—
- (a) is done in the territory in which the controlled foreign company is resident, and
- (b) is done in that territory by individuals working for the controlled foreign company there.
- (10) A transaction with a company which is within the charge to United Kingdom tax only because it carries on a trade in the United Kingdom through a permanent establishment there is within subsection (8)(b) only if the transaction is attributable to activities carried on through that establishment.
- (11) For the purposes of subsections (8) and (9)—
- (a) section 751A(5), (6) and (9) applies as it applies for the purposes of the equivalent provisions of section 751A, and
- (b) paragraph 5(2) to (5) of Schedule 25 (residence of controlled foreign company) applies as it applies in relation to Part 2 of that Schedule.
- (12) In this section—
- “*finance income*” has the meaning given by paragraph 12F(3) of Schedule 25 (with references to C read as references to the controlled foreign company);
- “*relevant IP income*” has the meaning given by paragraph 12F(4) of that Schedule;
- “*net chargeable profits*” means chargeable profits excluding so much of those profits as is directly attributable to the finance income or relevant IP income of the controlled foreign company;
- “*UK-connected gross income*” has the same meaning as in paragraph 12E of Schedule 25;
- “*United Kingdom tax*” means corporation tax or income tax;
and paragraph 12G of that Schedule (gross income) applies for the purposes of this section as it applies for the purposes of Part 2A of that Schedule (with references to C read as references to the controlled foreign company).
#### Provision not at arm’s length.
##### 751AC
- (1) This section applies if—
- (a) an exempt period in relation to a controlled foreign company ends in accordance with paragraph 15F(2) of Schedule 25 (time exempt period ends if there is an early termination event), other than by reason of an early termination event within paragraph 15F(3)(b),
- (b) an accounting period (“*the relevant accounting period*”) of the company ends after that exempt period but before the time the exempt period would have ended had paragraph 15F(2) of that Schedule not applied,
- (c) an apportionment under section 747(3) would fall to be made as regards the relevant accounting period, and
- (d) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in that period.
- (2) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for that accounting period (“the chargeable profits”) to be reduced to an amount (“*the specified amount*”) specified in the application (which may be nil).
- (3) If the Commissioners grant the application—
- (a) the chargeable profits are treated as reduced to the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in the chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (4) The Commissioners may grant the application only if—
- (a) they are satisfied that the specified amount is not less than the relevant amount, and
- (b) they have not previously granted an application made by the UK resident company in respect of the relevant accounting period under section 751A or 751AB.
- (5) “*The relevant amount*” means the amount (if any) equal to so much of the chargeable profits as it is just and reasonable to regard as referable to—
- (a) the relevant transaction which triggered the end of the exempt period, or
- (b) any later relevant transaction occurring before the time the exempt period would have ended had paragraph 15F(2) of Schedule 25 not applied.
- (6) “*Relevant transaction*” has the meaning given by paragraph 15E of Schedule 25 (and it does not matter if the transaction occurs pursuant to an agreement entered into by the controlled foreign company before the relevant time (within the meaning of paragraph 15G of that Schedule)).
#### Election as to tax exempt business.
##### 751B
- (1) An application by a company under section 751A—
- (a) must be made in such form as the HMRC Commissioners may determine,
- (b) must be accompanied by such documents (or copies of documents) in the company's possession or power as those Commissioners may reasonably require for the purpose of determining whether to grant the application, and
- (c) must contain such information as those Commissioners may reasonably require for that purpose.
- (2) An application by a company under section 751A—
- (a) may be made at any time on or before the filing date (within the meaning of Schedule 18 to the Finance Act 1998) for the relevant company tax return of the company, and
- (b) may be amended or withdrawn at any time before the application is determined by those Commissioners.
- (3) If an application by a company under section 751A is granted after the company has delivered its relevant company tax return, it has 30 days beginning with the day on which the application is granted in which to amend that return to give effect to section 751A.
- (4) The time limits otherwise applicable to an amendment of a company tax return do not prevent an amendment being made under subsection (3).
- (5) If the HMRC Commissioners refuse an application by a company under section 751A, the company may appeal . . . against the refusal.
- (6) Notice of an appeal must be given in writing to the HMRC Commissioners within 30 days after the application is refused.
- (7) On an appeal—
- (a) if the tribunal is satisfied that the relevant amount is a different amount from the amount specified in the application, it must direct the HMRC Commissioners to grant the application as if the amount specified in it were that different amount,
- (b) if the tribunal is satisfied that the relevant amount is the amount specified in the application, it must direct the HMRC Commissioners to grant the application, and
- (c) in any other case, the tribunal must confirm the refusal.
- (8) For the purposes of subsection (7) “*the relevant amount*” means the amount (if any) equal to so much of the chargeable profits mentioned in subsection (4) of section 751A as can reasonably be regarded as representing the value mentioned in that subsection.
- (9) Part 5 of the Management Act (appeals), apart from section 50, applies in relation to an appeal under this section as it applies in relation to an appeal against an assessment to tax.
- (10) In this section “*relevant company tax return*”, in relation to a company, means the return for the accounting period for which—
- (a) any sum is chargeable on the company under section 747(4)(a), or
- (b) any sum would be so chargeable but for section 751A,
in respect of the chargeable profits of the controlled foreign company for the accounting period mentioned in section 751A(1).
- (11) In this section “*the HMRC Commissioners*” means the Commissioners for Her Majesty's Revenue and Customs.
#### Sections 774B and 774D: exceptions
##### 752A
- (1) This section has effect for the purpose of determining for the purposes of this Chapter who has a relevant interest in a controlled foreign company at any time; and references in this Chapter to relevant interests shall be construed accordingly.
- (2) A UK resident company which has a direct or indirect interest in a controlled foreign company has a relevant interest in the company by virtue of that interest unless subsection (3) below otherwise provides.
- (3) A UK resident company which has an indirect interest in a controlled foreign company does not have a relevant interest in the company by virtue of that interest if it has the interest by virtue of having a direct or indirect interest in another UK resident company.
- (4) A related person who has a direct or indirect interest in a controlled foreign company has a relevant interest in the company by virtue of that interest unless subsection (5) or (6) below otherwise provides.
- (5) A related person who has an indirect interest in a controlled foreign company does not have a relevant interest in the company by virtue of that interest if he has the interest by virtue of having a direct or indirect interest in—
- (a) a UK resident company; or
- (b) another related person.
- (6) A related person who has a direct or indirect interest in a controlled foreign company does not have a relevant interest in the company by virtue of that interest to the extent that a UK resident company—
- (a) has the whole or any part of the same interest indirectly, by virtue of having a direct or indirect interest in the related person, and
- (b) by virtue of that indirect interest in the controlled foreign company, has a relevant interest in the company by virtue of subsection (2) above.
- (7) A person who—
- (a) has a direct interest in a controlled foreign company, but
- (b) does not by virtue of subsections (2) to (6) above have a relevant interest in the company by virtue of that interest,
has a relevant interest in the company by virtue of that interest unless subsection (8) below otherwise provides.
- (8) A person does not by virtue of subsection (7) above have a relevant interest in a controlled foreign company by virtue of having a direct interest in the company to the extent that another person—
- (a) has the whole or any part of the same interest indirectly, and
- (b) by virtue of that indirect interest, has a relevant interest in the company by virtue of subsections (2) to (6) above.
- (9) No person has a relevant interest in a controlled foreign company otherwise than as provided by subsections (2) to (8) above.
- (10) In this section—
- “*related person*” means a person who—is not a UK resident company, butis connected or associated with a UK resident company which has by virtue of subsection (2) above a relevant interest in the controlled foreign company in question;
- “*UK resident company*” means a company resident in the United Kingdom.
##### 752B
- (1) For the purposes of section 752(3) above, where a person has a relevant interest in a controlled foreign company by virtue of indirectly holding issued ordinary shares of the company, the percentage of the issued ordinary shares of the company which the relevant interest represents is equal to—
$$P×S$where—P is the product of the appropriate fractions of that person and each of the share-linked companies through which he indirectly holds the shares in question, other than the lowest share-linked company; andS is the percentage of issued ordinary shares of the controlled foreign company which is held directly by the lowest share-linked company.$
- (2) In subsection (1) above and this subsection—
- “the appropriate fraction", in the case of a person who directly holds ordinary shares of a share-linked company, means that fraction of the issued ordinary shares of that company which his holding represents;
- “*the lowest share-linked company*”, in relation to a person who indirectly holds ordinary shares of a controlled foreign company, means the share-linked company which directly holds the shares in question;
- “*share-linked company*” means a company which is share-linked to the controlled foreign company in question.
- (3) Where a person has different indirect holdings of shares of the controlled foreign company (as in a case where different shares are held through different companies which are share-linked to the controlled foreign company)—
- (a) subsection (1) above shall apply separately in relation to the different holdings with any necessary modifications; and
- (b) for the purposes of section 752(3) above the percentage of the issued ordinary shares of the company which the relevant interest represents is the aggregate of the percentages resulting from those separate applications.
- (4) Where, for the purposes of subsection (3) of section 752, the percentage of the issued ordinary shares of the controlled foreign company which a person directly or indirectly holds varies during the relevant accounting period, he shall be treated for the purposes of that subsection as holding throughout that period that percentage of the issued ordinary shares of the company which is equal to the sum of the relevant percentages for each holding period in the relevant accounting period.
- (5) For the purposes of subsection (4) above—
- “holding period", in the case of any person, means a part of the relevant accounting period during which the percentage of the issued ordinary shares of the controlled foreign company which the person holds (whether directly or indirectly) remains the same;
- “the relevant percentage", in the case of a holding period, means the percentage equal to—$P×HA$where—P is the percentage of the issued ordinary shares of the controlled foreign company which the person in question directly or indirectly holds in the holding period, as calculated in accordance with subsections (1) to (3) above so far as applicable;H is the number of days in the holding period; andA is the number of days in the relevant accounting period.
##### 752C
- (1) In this section “*the relevant provisions*” means sections 752 to 752B and this section.
- (2) For the purposes of the relevant provisions—
- (a) a person has a direct interest in a company if (and only if) he has an interest in the company otherwise than by virtue of having an interest in another company;
- (b) a person has an indirect interest in a company if (and only if) he has an interest in the company by virtue of having an interest in another company;
- (c) a person indirectly holds shares of a controlled foreign company if (and only if) he directly holds ordinary shares of a company which is share-linked to the controlled foreign company.
- (3) For the purposes of the relevant provisions, a company is “share-linked" to a controlled foreign company if it has an interest in the controlled foreign company only by virtue of directly holding ordinary shares—
- (a) of the controlled foreign company, or
- (b) of the controlled foreign company or of one or more companies which are share-linked to the controlled foreign company by virtue of paragraph (a) above, or
- (c) of the controlled foreign company or of one or more companies which are share-linked to the controlled foreign company by virtue of paragraph (a) or (b) above,
and so on.
- (4) For the purposes of the relevant provisions, a company (“company A") has an intermediate interest in a controlled foreign company if (and only if)—
- (a) it has a direct or indirect interest in the controlled foreign company; and
- (b) one or more other persons have relevant interests in the controlled foreign company by virtue of having a direct or indirect interest in company A.
- (5) Any interest or shares held by a nominee or bare trustee shall be treated for the purposes of the relevant provisions as held by the person or persons for whom the nominee or bare trustee holds the interest or shares.
- (6) Where—
- (a) an interest in a controlled foreign company is held in a fiduciary or representative capacity, and
- (b) subsection (5) above does not apply, but
- (c) there are one or more identifiable beneficiaries,
the interest shall be treated for the purposes of the relevant provisions as held by that beneficiary or, as the case may be, as apportioned on a just and reasonable basis among those beneficiaries.
- (7) In the relevant provisions—
- “*bare trustee*” means a person acting as trustee—for a person absolutely entitled as against the trustee; orfor any person who would be so entitled but for being a minor or otherwise under a disability; orfor two or more persons who are or would, but for all or any of them being a minor or otherwise under a disability, be jointly so entitled;
- “ordinary shares", in the case of any company, means shares of a single class, however described, which is the only class of shares issued by the company;
- “*the relevant accounting period*” means the accounting period mentioned in section 752(1);
- “*share*” includes a reference to a fraction of a share.
##### 754A
- (1) This section applies where—
- (a) a company resident in the United Kingdom (“the UK company") has an interest in a controlled foreign company at any time during an accounting period of the controlled foreign company;
- (b) the UK company delivers a company tax return; and
- (c) at the time when the UK company delivers the company tax return, it is not established whether or not the controlled foreign company has pursued an acceptable distribution policy in relation to the accounting period.
- (2) If the UK company is of the opinion that the controlled foreign company is likely to pursue an acceptable distribution policy in relation to the accounting period, the UK company shall make the company tax return on the basis that the accounting period of the controlled foreign company is one in relation to which the controlled foreign company pursues such a policy.
- (3) If the UK company is not of the opinion that the controlled foreign company is likely to pursue an acceptable distribution policy in relation to the accounting period, the UK company shall make the company tax return on the basis that the accounting period of the controlled foreign company is one in relation to which the controlled foreign company does not pursue such a policy.
- (4) In any case where—
- (a) the UK company acts in pursuance of subsection (2) above, but
- (b) it becomes established that the controlled foreign company has not pursued an acceptable distribution policy in relation to the accounting period,
the UK company shall amend the company tax return on the basis that the accounting period is not one in relation to which the controlled foreign company pursues an acceptable distribution policy.
- (5) In any case where—
- (a) the UK company acts in pursuance of subsection (3) above, but
- (b) it becomes established that the controlled foreign company has pursued an acceptable distribution policy in relation to the accounting period,
the UK company shall amend the company tax return on the basis that the accounting period is one in relation to which the controlled foreign company pursues an acceptable distribution policy.
- (6) Any amendment required to be made to the company tax return by virtue of subsection (4) or (5) above (“*an ADP amendment*”) shall be made by the UK company before the expiration of the period of 30 days next following the end of the period allowed for establishing an ADP in relation to the accounting period of the controlled foreign company.
- (7) Subject to subsection (8) below, the making of any ADP amendment is subject to, and must be in accordance with, the other provisions of the Corporation Tax Acts as they apply for the purposes of this Chapter.
- (8) The time limits otherwise applicable to amendment of a company tax return do not apply to an ADP amendment.
- (9) A company which fails to make an ADP amendment required by subsection (4) above within the time allowed for doing so shall be liable to a tax-related penalty under paragraph 20 of Schedule 18 to the Finance Act 1998 (penalty, not exceeding amount of tax understated, for incorrect or uncorrected return).
- (10) For the purposes of this section, if it has not previously been established whether or not the controlled foreign company has pursued an acceptable distribution policy in relation to the accounting period, it shall be taken to be established immediately after the end of the period allowed for establishing an ADP in relation to that accounting period.
- (11) In this section, “*the period allowed for establishing an ADP*” means, in relation to an accounting period of a controlled foreign company, the period ending with the expiration of—
- (a) subject to paragraph (b) below, the period of eighteen months next following the end of the accounting period; or
- (b) if the Board have, in the case of the accounting period, allowed further time under paragraph 2(1)(b) of Schedule 25, the further time so allowed.
- (12) In this section any reference to a controlled foreign company pursuing an acceptable distribution policy in relation to an accounting period shall be construed in accordance with Part I of Schedule 25.
##### 754B
- (1) This section has effect where a determination requiring the Board’s sanction is made for any of the following purposes, that is to say—
- (a) the giving of a closure notice; or
- (b) the making of a discovery assessment.
- (2) If the closure notice or, as the case may be, notice of the discovery assessment is given to any person without—
- (a) the determination, so far as it is taken into account in the closure notice or the discovery assessment, having been approved by the Board, or
- (b) notification of the Board’s approval having been served on that person at or before the time of the giving of the notice,
the closure notice or, as the case may be, the discovery assessment shall be deemed to have been given or made (and in the case of an assessment notified) in the terms (if any) in which it would have been given or made had that determination not been taken into account.
- (3) A notification under subsection (2)(b) above—
- (a) must be in writing;
- (b) must state that the Board have given their approval on the basis that—
- (i) an amount of chargeable profits, and
- (ii) an amount of creditable tax (which may be nil),
for the accounting period of the controlled foreign company in question fall to be apportioned under section 747(3) to the person in question;
- (c) must state the amounts mentioned in sub-paragraphs (i) and (ii) of paragraph (b) above; and
- (d) subject to paragraphs (a) to (c) above, may be in such form as the Board may determine.
- (4) For the purposes of this section, the Board’s approval of a determination requiring their sanction—
- (a) must be given specifically in relation to the case in question and must apply to the amount determined; but
- (b) subject to that, may be given by the Board (either before or after the making of the determination) in any such form or manner as they may determine.
- (5) In this section references to a determination requiring the Board’s sanction are references (subject to subsection (6) below) to any determination of the amount of chargeable profits or creditable tax for an accounting period of a controlled foreign company which falls to be apportioned to a particular person under section 747(3).
- (6) For the purposes of this section, a determination shall be taken, in relation to a closure notice or a discovery assessment, not to be a determination requiring the Board’s sanction if—
- (a) an agreement about the relevant amounts has been made between an officer of the Board and the person in whose case it is made;
- (b) that agreement is in force at the time of the giving of the closure notice or, as the case may be, notice of the assessment; and
- (c) the matters to which the agreement relates include the amount determined.
- (7) In paragraph (a) of subsection (6) above, “*the relevant amounts*” means—
- (a) the amount of chargeable profits, and
- (b) the amount of creditable tax (which may be nil),
for the accounting period of the controlled foreign company in question which fall to be apportioned under section 747(3) to the person mentioned in that paragraph.
- (8) For the purposes of subsection (6) above an agreement made between an officer of the Board and any person (“the taxpayer") in relation to any matter shall be taken to be in force at any time if, and only if—
- (a) the agreement is one which has been made or confirmed in writing;
- (b) that time is after the end of the period of thirty days beginning—
- (i) in the case of an agreement made in writing, with the day of the making of the agreement, and
- (ii) in any other case, with the day of the agreement’s confirmation in writing; and
- (c) the taxpayer has not, before the end of that period of thirty days, served a notice on an officer of the Board stating that he is repudiating or resiling from the agreement.
- (9) The references in subsection (8) above to the confirmation in writing of an agreement are references to the service on the taxpayer by an officer of the Board of a notice—
- (a) stating that the agreement has been made; and
- (b) setting out the terms of the agreement.
- (10) The matters that may be questioned on so much of any appeal by virtue of any provision of the Management Act or Schedule 18 to the Finance Act 1998 (company tax returns, assessments and related matters) as relates to a determination the making of which has been approved by the Board for the purposes of this section shall not include the Board’s approval, except to the extent that the grounds for questioning the approval are the same as the grounds for questioning the determination itself.
- (11) In this section—
- “*closure notice*” means a notice under paragraph 32 of Schedule 18 to the Finance Act 1998 (completion of enquiry and statement of conclusions);
- “*discovery assessment*” means a discovery assessment or discovery determination under paragraph 41 of that Schedule (including an assessment by virtue of paragraph 52 of that Schedule).
##### 755A
- (1) This section applies in any case where—
- (a) an amount (“the apportioned profit") of a controlled foreign company’s chargeable profits for an accounting period falls to be apportioned under section 747(3) to a company resident in the United Kingdom (“the UK company");
- (b) the UK company carries on life assurance business in that one of its accounting periods (“the relevant accounting period") in which ends the accounting period of the controlled foreign company; and
- (c) the property or rights which represent the UK company’s relevant interest in the controlled foreign company constitute to any extent assets of the UK company’s long-term insurance fund.
- (2) Subsections (3) and (4) below apply if, in the case of the relevant accounting period, the UK company is charged to tax under the I minus E basis in respect of life assurance business.
- (3) Where this subsection applies, the “*appropriate rate*” for the purposes of section 747(4)(a) and paragraph 1 of Schedule 26 in relation to the policy holders’ part of any BLAGAB apportioned profit shall be—
- (a) if a single rate of tax under section 88(1) of the Finance Act 1989 (lower corporation tax rate on certain insurance company profits) is applicable in relation to the relevant accounting period, that rate; or
- (b) if more than one such rate of tax is applicable in relation to the relevant accounting period, the average of those rates over the whole of that period.
- (4) Where this subsection applies, the “*appropriate rate*” for the purposes of section 747(4)(a) and paragraph 1 of Schedule 26 shall be nil in relation to so much of the apportioned profit as is referable to gross roll-up business carried on by the UK company.
- (4A) In any case where—
- (a) paragraph 4 of Schedule 26 to this Act applies to a dividend received by the UK company, and
- (b) but for this subsection, subsection (4) of section 804B of this Act would apply to that dividend,
the amount of credit for foreign tax in respect of that dividend shall be treated, for the purposes of that section, as wholly attributable to basic life assurance and general annuity business.
- (5) If, in the case of the relevant accounting period, the UK company is charged to tax under section 35 of CTA 2009 (charge on trade profits) in respect of its profits from life assurance business, the “*appropriate rate*” for the purposes of—
- (a) section 747(4)(a), and
- (b) paragraph 1 of Schedule 26,
shall be nil in relation to so much of the apportioned profit as is referable to the UK company’s relevant interest so far as represented by assets of its long-term insurance fund.
- (6) If, in the case of the relevant accounting period,—
- (a) the UK company is charged to tax under the I minus E basis in respect of life assurance business,
- (b) any creditable tax of the controlled foreign company falls to be apportioned to the UK company, and
- (c) the apportioned profit is to any extent referable to gross roll-up business,
so much of the creditable tax so apportioned as is attributable to the apportioned profit so far as so referable shall be left out of account for the purposes of this Chapter, other than section 747(3) and this section, and shall be treated as extinguished.
- (7) If, in the case of the relevant accounting period,—
- (a) the UK company is charged to tax under section 35 of CTA 2009 in respect of its profits from life assurance business, and
- (b) any creditable tax of the controlled foreign company falls to be apportioned to the UK company,
so much of the creditable tax so apportioned as is attributable to so much of the apportioned profit as is referable to the UK company’s relevant interest so far as represented by assets of the UK company’s long-term insurance fund shall be left out of account for the purposes of this Chapter, other than section 747(3) and this section, and shall be treated as extinguished.
- (8) Any set off under paragraph 1 . . . of Schedule 26 against the UK company’s liability to tax under section 747(4)(a) in respect of the apportioned profit shall be made against only so much of that liability as is attributable to the eligible part of the apportioned profit.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) For the purposes of this section, the “eligible part" of the apportioned profit is any BLAGAB apportioned profit, other than the policy holders’ part.
- (11) For the purposes of this section the policy holders' part of any BLAGAB apportioned profit is—
- (a) where subsection (11A) below applies, the whole of that profit, and
- (b) in any other case, the relevant fraction (within the meaning of subsection (11B) below) of that profit.
- (11A) This subsection applies if—
- (a) the UK company’s life assurance business is mutual business,
- (b) the policy holders' share of the UK company’s relevant profits for the relevant accounting period is equal to all those profits, or
- (c) the policy holders' share of the UK company’s relevant profits for the relevant accounting period is more than its BLAGAB profits for that period.
- (11B) The relevant fraction for the purposes of subsection (11)(b) above is the fraction arrived at by dividing—
- (a) the policy holders' share of the UK company’s relevant profits for the relevant accounting period, by
- (b) the UK company’s BLAGAB profits for that period.
- (11BA) But where the BLAGAB profits for the relevant accounting period are nil, the relevant fraction—
- (a) if there are section 35 profits of the accounting period in respect of its life assurance business, is nil, and
- (b) otherwise, is such fraction as is just and reasonable;
and for this purpose there are section 35 profits if there are profits computed in accordance with the life assurance trade profits provisions after making adjustments in respect of losses in accordance with section 85A(4) of the Finance Act 1989.
- (11C) In subsections (11A) and (11B) above—
- (a) references to the policy holders' share of the UK company’s share of the relevant profits are to be construed in accordance with sections 88(3) and 89 of the Finance Act 1989, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) In this section—
- “*BLAGAB apportioned profit*” means so much of the apportioned profit as is referable to basic life assurance and general annuity business carried on by the UK company;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) For the purposes of this section, the part of the apportioned profit which is referable to—
- (a) basic life assurance and general annuity business, or
- (ba) gross roll-up business,
carried on by the UK company is the part which would have been so referable under section 432A had the apportioned profit been a dividend paid to the UK company at the end of the accounting period mentioned in subsection (1)(a) above in respect of the property or rights which represent the UK company’s relevant interest in the controlled foreign company.
- (14) For the purposes of this section, any attribution of creditable tax to a particular part of the apportioned profit shall be made in the proportion which that part of the apportioned profit bears to the whole of the apportioned profit.
##### 755B
- (1) This section applies where—
- (a) a controlled foreign company carries on general insurance business in an accounting period;
- (b) an amount of the company’s chargeable profits, and an amount of its creditable tax (if any), for that accounting period falls to be apportioned under section 747(3) to a company resident in the United Kingdom (“the UK company");
- (c) the UK company delivers a company tax return for that one of its accounting periods in which the controlled foreign company’s accounting period ends; and
- (d) in making or amending the return, the UK company has regard to accounts of the controlled foreign company drawn up using a method falling within subsection (2) below.
- (2) The methods which fall within this subsection are—
- (a) the method described in paragraph 52 of Schedule 9A to the Companies Act 1985 (which provides for a technical provision to be made in the accounts which is later replaced by a provision for estimated claims outstanding); and
- (b) any method which would have fallen within paragraph (a) above, had final replacement of the technical provision, as described in sub-paragraph (4) of paragraph 52 of that Schedule, taken place, and been required to take place, no later than the end of the year referred to in that sub-paragraph as the third year following the underwriting year.
- (3) Where this section applies—
- (a) the UK company may make any amendments of its company tax return arising from the replacement of the technical provision in the controlled foreign company’s accounts at any time within twelve months from the date on which the provision was replaced; and
- (b) notice of intention to enquire into the return under paragraph 24 of Schedule 18 to the Finance Act 1998 may be given at any time up to two years from that date (or at any later time in accordance with the general rule in sub-paragraph (3) of that paragraph).
- (4) If, in a case where this section applies, the accounts of the controlled foreign company are drawn up using a method falling within paragraph (b) of subsection (2) above—
- (a) the controlled foreign company, and
- (b) any person with an interest in the controlled foreign company,
shall be treated for the purposes of this section as if final replacement of the technical provision, as described in sub-paragraph (4) of paragraph 52 of Schedule 9A to the Companies Act 1985, had taken place at, and been required to take place no later than, the end of the year referred to in that sub-paragraph as the third year following the underwriting year.
- (5) Regulations under section 755C may make provision with respect to the determination of the amount of the provision by which the technical provision is to be treated as replaced in cases falling within subsection (4) above.
- (6) In this section “general insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
##### 755C
- (1) The Treasury may by regulations provide for the provisions of this Chapter to have effect with prescribed modifications in any case where a non-resident company—
- (a) carries on general insurance business; and
- (b) draws up accounts relating to that business using a method falling within subsection (2) of section 755B.
- (2) Regulations under subsection (1) above may—
- (a) make different provision for different cases;
- (b) make provision having effect in relation to accounting periods of non-resident companies ending not more than one year before the date on which the regulations are made; and
- (c) contain such supplementary, incidental, consequential and transitional provision as the Treasury may think fit.
- (3) In this section—
- “*general insurance business*” has the same meaning as in section 755B;
- “*non-resident company*” means a company resident outside the United Kingdom;
- “*prescribed*” means prescribed in regulations under this section.
##### 755D
- (1) For the purposes of this Chapter “control", in relation to a company, means the power of a person to secure—
- (a) by means of the holding of shares or the possession of voting power in or in relation to the company or any other company, or
- (b) by virtue of any powers conferred by the articles of association or other document regulating the company or any other company,
that the affairs of the company are conducted in accordance with his wishes.
- (1A) For the purposes of this Chapter a person also controls a company if the person possesses, or is entitled to acquire, such rights as would—
- (a) if the whole of the income of the company were distributed, entitle the person to receive the greater part of the amount so distributed,
- (b) if the whole of the company's share capital were disposed of, entitle the person to receive the greater part of the proceeds of the disposal, or
- (c) in the event of the winding-up of the company or in any other circumstances, entitle the person to receive the greater part of the assets of the company which would then be available for distribution.
- (2) Where two or more persons, taken together, have the power mentioned in subsection (1) above or satisfy subsection (1A) above, they shall be taken for the purposes of this Chapter to control the company.
- (3) The 40 per cent test in this subsection is satisfied in the case of one of two persons who, taken together, control a company if that one of them has interests, rights and powers representing at least 40 per cent of the holdings, rights and powers in respect of which the pair of them fall to be taken as controlling the company.
- (4) The 40 per cent test in this subsection is satisfied in the case of one of two persons who, taken together, control a company if that one of them has interests, rights and powers representing—
- (a) at least 40 per cent, but
- (b) not more than 55 per cent,
of the holdings, rights and powers in respect of which the pair of them fall to be taken as controlling the company.
- (5) For the purposes of this Chapter any question—
- (a) whether a company is controlled by a person, or by two or more persons taken together, or
- (b) whether, in the case of any company, the applicable 40 per cent test is satisfied in the case of each of two persons who, taken together, control the company,
shall be determined after attributing to each of the persons all the rights and powers mentioned in subsection (6) below that are not already attributed to that person for the purposes of subsections (1) to (4) above.
- (6) The rights and powers referred to in subsection (5) above are—
- (a) rights and powers which the person is entitled to acquire at a future date or which he will, at a future date, become entitled to acquire;
- (b) rights and powers of other persons, to the extent that they are rights or powers falling within subsection (7) below;
- (c) if the person is resident in the United Kingdom, rights and powers of any person who is resident in the United Kingdom and connected with the person; and
- (d) if the person is resident in the United Kingdom, rights and powers which for the purposes of subsection (5) above would be attributed to a person who is resident in the United Kingdom and connected with the person (a “*UK connected person*”) if the UK connected person were himself the person.
- (7) Rights and powers fall within this subsection to the extent that they—
- (a) are required, or may be required, to be exercised in any one or more of the following ways, that is to say—
- (i) on behalf of the person;
- (ii) under the direction of the person; or
- (iii) for the benefit of the person; and
- (b) are not confined, in a case where a loan has been made by one person to another, to rights and powers conferred in relation to property of the borrower by the terms of any security relating to the loan.
- (8) In subsections (6)(b) to (d) and (7) above, the references to a person’s rights and powers include references to any rights or powers which he either—
- (a) is entitled to acquire at a future date, or
- (b) will, at a future date, become entitled to acquire.
- (9) In paragraph (d) of subsection (6) above, the reference to rights and powers which would be attributed to a UK connected person if he were the person includes a reference to rights and powers which, by applying that paragraph wherever one person resident in the United Kingdom is connected with another person, would be so attributed to him through a number of persons each of whom is resident in the United Kingdom and connected with at least one of the others.
- (10) In determining for the purposes of this section whether one person is connected with another in relation to a company, subsection (7) of section 839 shall be disregarded.
- (11) References in this section—
- (a) to rights and powers of a person, or
- (b) to rights and powers which a person is or will become entitled to acquire,
include references to rights or powers which are exercisable by that person, or (when acquired by that person) will be exercisable, only jointly with one or more other persons.
### Meaning of offshore fund
#### Reduction in chargeable profits for certain financing income
##### 756A
- (1) In this Chapter references to an offshore fund are to a collective investment scheme constituted by—
- (a) a company that is resident outside the United Kingdom, or
- (b) a unit trust scheme the trustees of which are not resident in the United Kingdom, or
- (c) arrangements not falling within paragraph (a) or (b) taking effect by virtue of the law of a territory outside the United Kingdom and which under that law create rights in the nature of co-ownership (without restricting that expression to its meaning in the law of any part of the United Kingdom).
- (2) Subsection (1) has effect subject to—
- section 756B (treatment of umbrella funds), and
- section 756C (treatment of funds comprising more than one class of interest).
- (3) In this section “*collective investment scheme*” means any arrangements which are a collective investment scheme for the purposes of Part 17 of the Financial Services and Markets Act 2000 (see section 235 of that Act and orders made under subsection (5) of that section) or would be if the words “, within a period appearing to him to be reasonable,” were omitted from section 236(3)(a) of that Act.
- (4) But the reference to offshore funds in section 760(3)(a) does not include any arrangements which are not a collective investment scheme for the purposes of that Part of that Act.
### Treatment of umbrella funds
##### 756B
- (1) In this Chapter, an “*umbrella fund*” means an offshore fund—
- (a) which provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are made to them; and
- (b) under which the participants are entitled to exchange rights in one pool for rights in another;
and references in this Chapter to a part of an umbrella fund are to such of the arrangements as relate to a separate pool.
- (2) For the purposes of this Chapter (except subsection (1))—
- (a) each part of an umbrella fund shall be regarded as a separate offshore fund, and
- (b) the umbrella fund as a whole shall not be regarded as an offshore fund.
- (3) In this Chapter, in relation to a part of an umbrella fund—
- (a) a reference to the assets of an offshore fund is to such of the assets of the umbrella fund as under the arrangements form part of the separate pool to which that part of the umbrella fund relates;
- (b) a reference to the income of an offshore fund is to the income arising from those assets;
- (c) a reference to a person having an interest in an offshore fund is to a person for the time being having an interest in that separate pool; and
- (d) a reference to an offshore fund being a non-qualifying fund shall be read in relation to times before the coming into force of this section as a reference to the umbrella fund being a non-qualifying fund.
### Treatment of funds comprising more than one class of interest
##### 756C
- (1) For the purposes of this Chapter where there is more than one class of interest in an offshore fund (the “*main fund*”)—
- (a) each class of interest shall be regarded as a separate offshore fund, and
- (b) the main fund shall not be regarded as an offshore fund.
- (2) In this section, references to a class of interest in an offshore fund do not include—
- (a) a part of an umbrella fund which is regarded as an offshore fund by virtue of section 756B, or
- (b) a class of interest in an offshore fund which by virtue of section 759(5), (6) or (8) is not a material interest in the fund.
- (3) In this Chapter, in relation to a class of interest in an offshore fund—
- (a) a reference to the assets of an offshore fund is to the assets of the main fund;
- (b) a reference to the income of an offshore fund is to such of the income of the main fund as is attributable to interests of that class under the arrangements constituting the main fund;
- (c) a reference to a person having an interest in an offshore fund is to a person for the time being having an interest of that class; and
- (d) a reference to an offshore fund being a non-qualifying fund shall be read in relation to times before the coming into force of this section as a reference to the main fund being a non-qualifying fund.
#### Sale by individual of income derived from his personal activities.
##### 762ZA
- (1) Chapter 2 of Part 13 of ITA 2007 (transfer of assets abroad) applies in relation to an offshore income gain arising to a person resident or domiciled outside the United Kingdom as if the offshore income gain were income becoming payable to the person.
- (2) Income treated as arising under that Chapter by virtue of subsection (1) is regarded as “*foreign*” for the purposes of section 726, 730 or 735 of that Act.
- (3) Subsection (1) does not apply in relation to an offshore income gain if (and to the extent that) it is treated, by virtue of section 762(1), as arising to a person resident or ordinarily resident in the United Kingdom.
- (4) The following provisions apply if section 762(2) applies in relation to an offshore income gain (“the relevant offshore income gain”).
- (5) If—
- (a) by virtue of section 762(3) an offshore income gain is treated as arising in a tax year to a person resident or ordinarily resident in the United Kingdom, and
- (b) it is so treated by reason of the relevant offshore income gain (or part of it),
for that and subsequent tax years subsection (1) does not apply in relation to the relevant offshore income gain (or that part).
- (6) If, by virtue of subsection (1) as it applies in relation to the relevant offshore income gain, income is treated under Chapter 2 of Part 13 of ITA 2007 as arising in a tax year, reduce (with effect from the following tax year) the OIG amount in question by the amount of the income.
##### 762ZB
- (1) This section applies to income treated as arising under section 761(1) to an individual in a tax year if—
- (a) section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to the individual for that year, and
- (b) the individual is not domiciled in the United Kingdom in that year.
- (2) Treat the income as relevant foreign income of the individual.
- (3) For the purposes of Chapter A1 of Part 14 of ITA 2007 (remittance basis)—
- (a) treat any consideration obtained on the disposal of the asset as deriving from the income, and
- (b) unless the consideration so obtained is of an amount equal to the market value of the asset, treat the asset as deriving from the income.
- (4) In subsection (3)—
- (a) “*the asset*” means the asset the disposal of which causes the income to be treated as arising, and
- (b) “*the disposal*” means the disposal mentioned in paragraph (a).
##### 762A
- (1) This section applies where—
- (a) classes of interest in an offshore fund (the “*main fund*”) are treated as separate offshore funds under section 756C; and
- (b) as the result of—
- (i) a reorganisation within the meaning of section 126 of the 1992 Act, or
- (ii) a conversion of securities within the meaning of section 132 of that Act,
a person exchanges an interest of one class (A) in the main fund for an interest of another class (B) in that fund.
- (2) Where—
- (a) the interest of class A—
- (i) is at the time of the exchange an interest in a non-qualifying offshore fund, or
- (ii) has been an interest in such a fund at any material time, and
- (b) the interest of class B is at the time of the exchange an interest in a fund which is certified by the Board as a distributing offshore fund,
section 127 of the 1992 Act (equation of original shares and new holding) shall not prevent the exchange constituting a disposal for the purposes of this Chapter.
- (3) Any such disposal shall be treated as a disposal for a consideration equal to the market value of the rights at the time of the exchange.
- (4) In this section—
- “*class of interest*” has the same meaning as in section 756C(1);
- “*material time*” has the same meaning as in section 757.
##### 765A
- (1) Section 765(1) shall not apply to a transaction which is a movement of capital to which Article 1 of the Directive of the Council of the European Communities dated 24th June 1988 No. [88/361/EEC](https://www.legislation.gov.uk/european/directive/1988/0361) applies.
- (2) Where if that Article did not apply to it a transaction would be unlawful under section 765(1), the body corporate in question (that is to say, the body corporate resident in the United Kingdom) shall—
- (a) give to the Board within six months of the carrying out of the transaction such information relating to the transaction, or to persons connected with the transaction, as regulations made by the Board may require, and
- (b) where notice is given to the body corporate by the Board, give to the Board within such period as is prescribed by regulations made by the Board (or such longer period as the Board may in the case allow) such further particulars relating to the transaction, to related transactions, or to persons connected with the transaction or related transactions, as the Board may require.
#### Section 751A: supplementary
##### 767A
- (1) Where it appears to the Board that—
- (a) there has been a change in the ownership of a company (“*the tax-payer company*”),
- (b) any corporation tax assessed on the tax-payer company for an accounting period beginning before the change remains unpaid at any time after the relevant date, and
- (c) any of the three conditions mentioned below is fulfilled,
any person mentioned in subsection (2) below may be assessed by the Board and charged (in the name of the tax-payer company) to an amount of corporation tax in accordance with this section.
- (2) The persons are—
- (a) any person who at any time during the relevant period before the change in the ownership of the tax-payer company had control of it;
- (b) any company of which the person mentioned in paragraph (a) above has at any time had control within the period of three years before that change.
- (3) In subsection (2) above, “*the relevant period*” means—
- (a) the period of three years before the change in the ownership of the tax-payer company; or
- (b) if during the period of three years before that change (“*the later change*”) there was a change in the ownership of the tax-payer company (“*the earlier change*”), the period elapsing between the earlier change and the later change.
- (4) The first condition is that—
- (a) at any time during the period of three years before the change in the ownership of the tax-payer company the activities of a trade or business of that company cease or the scale of those activities become small or negligible; and
- (b) there is no significant revival of those activities before that change occurs.
- (5) The second condition is that at any time after the change in the ownership of the tax-payer company, but under arrangements made before that change, the activities of a trade or business of that company cease or the scale of those activities become small or negligible.
- (6) The third condition is that—
- (a) at any time during the period of six years beginning three years before the change in the ownership of the tax-payer company there is a major change in the nature or conduct of a trade or business of that company;
- (b) there is a transfer or there are transfers of assets of the tax-payer company to a person mentioned in subsection (7) below or to any person under arrangements which enable any of those assets or any assets representing those assets to be transferred to a person mentioned in subsection (7) below;
- (c) that transfer occurs or those transfers occur during the period of three years before the change in the ownership of the tax-payer company or after that change but under arrangements made before that change; and
- (d) the major change mentioned in paragraph (a) above is attributable to that transfer or those transfers.
- (7) The persons are—
- (a) any person mentioned in subsection (2)(a) above; and
- (b) any person connected with him.
- (8) The amount of tax charged in an assessment made under this section must not exceed the amount of the tax which, at the time of that assessment, remains unpaid by the tax-payer company.
- (9) For the purposes of this section the relevant date is the date six months from the date on which the corporation tax is assessed as mentioned in subsection (1)(b) above.
- (10) Any assessment made under this section shall not be out of time if made within three years from the date on which the liability of the tax-payer company to corporation tax for the accounting period mentioned in subsection (1)(b) above is finally determined.
##### 767AA
- (1) Where it appears to the Board that—
- (a) there has been a change in the ownership of a company (“the transferred company"),
- (b) any corporation tax relating to an accounting period ending on or after the change has been assessed on the transferred company or an associated company,
- (c) that tax remains unpaid at any time more than six months after it was assessed, and
- (d) the condition set out in subsection (2) below is fulfilled,
any person mentioned in subsection (4) below may be assessed by the Board and charged to an amount of corporation tax not exceeding the amount remaining unpaid.
- (2) The condition is that it would be reasonable (apart from this section) to infer, from either or both of—
- (a) the terms of any transactions entered into in connection with the change, and
- (b) the other circumstances of the change and of any such transactions,
that at least one of those transactions was entered into by one or more of its parties on the assumption, as regards a potential tax liability, that that liability would be unlikely to be met, or met in full, if it were to arise.
- (3) In subsection (2) above the reference to a potential tax liability is a reference to a liability to pay corporation tax which—
- (a) in circumstances which were reasonably foreseeable at the time of the change in ownership, or
- (b) in circumstances the occurrence of which is something of which there was at that time a reasonably foreseeable risk,
would or might arise from an assessment made, after the change in ownership, on the transferred company or an associated company (whether or not a particular associated company).
- (4) The persons mentioned in subsection (1) above are—
- (a) any person who at any time during the relevant period had control of the transferred company;
- (b) any company of which the person mentioned in paragraph (a) above has at any time had control within the period of three years before the change in the ownership of the transferred company.
- (5) In subsection (4) above, “*the relevant period*” means—
- (a) the period of three years before the change in the ownership of the transferred company; or
- (b) if during the period of three years before that change (“the later change") there was a change in the ownership of the transferred company (“the earlier change"), the period elapsing between the earlier change and the later change.
- (6) For the purposes of this section a transaction is entered into in connection with a change in the ownership of a company if—
- (a) it is the transaction, or one of the transactions, by which that change is effected; or
- (b) it is entered into as part of a series of transactions, or scheme, of which transactions effecting the change in ownership have formed or will form a part.
- (7) For the purposes of this section—
- (a) references to a scheme are references to any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving a single transaction or two or more transactions;
- (b) it shall be immaterial in determining whether any transactions have formed or will form part of a series of transactions or scheme that the parties to any of the transactions are different from the parties to another of the transactions; and
- (c) the cases in which any two or more transactions are to be taken as forming part of a series of transactions or scheme shall include any case in which it would be reasonable to assume that one or more of them—
- (i) would not have been entered into independently of the other or others; or
- (ii) if entered into independently of the other or others, would not have taken the same form or been on the same terms.
- (8) In this section references, in relation to the transferred company and an assessment to tax, to an associated company are references to any compnay (whenever formed) which, at the time of the assessment or at an earlier time after the change in ownership—
- (a) has control of the transferred company;
- (b) is a company of which the transferred company has control; or
- (c) is a company under the control of the same person or persons as the transferred company.
- (9) A person assessed and charged to tax under this section shall be assessed and charged in the name of the company by whom the tax to which the assessment relates remains unpaid.
- (10) Any assessment made under this section shall not be out of time if made within three years from the date of the final determination of the liability of the company by whom the tax remains unpaid to corporation tax for the accounting period for which that tax was assessed.
##### 767B
- (1) In relation to corporation tax assessed under section 767A—
- (a) section 86 of the Management Act (interest on overdue tax), in so far as it has effect in relation to accounting periods ending on or before 30th September 1993, and
- (b) section 87A of that Act (corresponding provision for corporation tax due for accounting periods ending after that date),
shall have effect as if the references in section 86 to the reckonable date and in section 87A to the date when the tax becomes due and payable were, respectively, references to the date which is the reckonable date in relation to the tax-payer company and the date when the tax became due and payable by the tax-payer company.
- (1A) In relation to corporation tax assessed under section 767AA, section 87A of the Management Act shall have effect as if the references to the date when the tax becomes due and payable were references to the date when the tax became due and payable by the transferred company or the associated company (as the case may be).
- (2) A payment in pursuance of an assessment under section 767A or 767AA shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes; but any person making such a payment shall be entitled to recover an amount equal to the payment from the tax-payer company or the transferred company or associated company (as the case may be).
- (3) In subsection (2) above the reference to a payment in pursuance of an assessment includes a reference to a payment of interest under section 86 or 87A of the Management Act (as they have effect by virtue of subsection (1) above).
- (4) For the purposes of sections 767A and 767AA, “*control*”, in relation to a company, shall be construed in accordance with section 416 as modified by subsections (5) and (6) below.
- (5) In subsection (2)(a) for “the greater part of” there shall be substituted “50 per cent. of”.
- (6) For subsection (3) there shall be substituted—
- (”) Where two or more persons together satisfy any of the conditions in subsection (2) above and do so by reason of having acted together to put themselves in a position where they will in fact satisfy the condition in question, each of those persons shall be treated as having control of the company.”
- (7) In section 767A(6) “*a major change in the nature or conduct of a trade or business*” includes any change mentioned in any of paragraphs (a) to (d) of section 245(4); and also includes a change falling within any of those paragraphs which is achieved gradually as the result of a series of transfers.
- (8) In section 767A(6) “*transfer*”, in relation to an asset, includes any disposal, letting or hiring of it, and any grant or transfer of any right, interest or licence in or over it, or the giving of any business facilities with respect to it.
- (9) Section 839 shall apply for the purposes of section 767A(7).
- (10) Subsection (9) of section 768 shall apply for the purposes of sections 767A and 767AA as it applies for the purposes of section 768.
##### 767C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 768A
- (1) In any case where—
- (a) within any period of three years there is both a change in the ownership of a company and (either earlier or later in that period, or at the same time) a major change in the nature or conduct of a trade carried on by the company, or
- (b) at any time after the scale of the activities in a trade carried on by a company has become small or negligible, and before any considerable revival of the trade, there is a change in the ownership of the company,
no relief shall be given under section 393A(1) or 393B(3) by setting a loss incurred by the company in an accounting period ending after the change in ownership against any profits of an accounting period beginning before the change in ownership.
- (2) Subsections (2) to (4), (8) and (9) of section 768 shall apply for the purposes of this section as they apply for the purposes of that section.
- (3) This section applies in relation to changes in ownership occurring on or after 14th June 1991.
##### 768B
- (1) This section applies where there is a change in the ownership of a company with investment business and—
- (a) after the change there is a significant increase in the amount of the company’s capital; or
- (b) within the period of six years beginning three years before the change there is a major change in the nature or conduct of the business carried on by the company; or
- (c) the change in the ownership occurs at any time after the scale of the activities in the business carried on by the company has become small or negligible and before any considerable revival of the business.
- (2) For the purposes of subsection (1)(a) above, whether there is a significant increase in the amount of a company’s capital after a change in the ownership of the company shall be determined in accordance with the provisions of Part I of Schedule 28A.
- (3) In paragraph (b) of subsection (1) above “*major change in the nature or conduct of a business*” includes a major change in the nature of the investments held by the company, even if the change is the result of a gradual process which began before the period of six years mentioned in that paragraph.
- (4) For the purposes of this section—
- (a) the accounting period of the company in which the change in the ownership occurs shall be divided into two parts, the first the part ending with the change, the second the part after;
- (b) those parts shall be treated as two separate accounting periods; and
- (c) the amounts in issue for the accounting period being divided shall be apportioned to those parts.
- (5) In Schedule 28A—
- (a) Part II shall have effect for identifying the amounts in issue for the accounting period being divided; and
- (b) Part III shall have effect for the purpose of apportioning those amounts to the parts of that accounting period.
- (6) Any sums which—
- (a) are, or are treated as, expenses of management referable to the accounting period being divided, and
- (b) under Part III of Schedule 28A are apportioned to either part of that period,
shall be treated for the purposes of Chapter 2 of Part 16 of CTA 2009 (companies with investment business) asexpenses of management referable to that part.
- (7) Any charges which under Part III of Schedule 28A are apportioned to either part of the accounting period being divided shall be treated for the purposes of section 338 above (charges on income deducted from total profits) and Chapter 2 of Part 16 of CTA 2009 as paid in that part.
- (8) Any allowances which under Part III of Schedule 28A are apportioned to either part of the accounting period being divided shall be treated for the purposes of section 253 of the Capital Allowances Act and section 1233 of CTA 2009 (companies with investment business: excess capital allowances) as falling to be made in that part.
- (9) In computing the total profits of the company for an accounting period ending after the change in the ownership, no deduction shall be made under section 1219 of CTA 2009 (expenses of management of a company's investment business) by reference to—
- (a) expenses of management deductible or allowances falling to be made for an accounting period beginning before the change; or
- (b) charges paid in such an accounting period.
- (10) Part IV of Schedule 28A shall have effect for the purpose of restricting, in a case where this section applies, the debits . . . to be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of the company’s loan relationships (including debits so brought into account by virtue of section 574 of that Act)and the non-trading deficits in respect of those relationships that may be carried forward.
- (12) Subject to the modification in subsection (13) below, subsections (6) to (9) of section 768 shall apply for the purposes of this section as they apply for the purposes of that section.
- (13) The modification is that in subsection (6) of section 768 for the words “relief in respect of a company’s losses has been restricted” there shall be substituted “deductions from a company’s total profits , or the debits to be brought into account for the purposes of Part 5 of CTA 2009 in the case of a company in respect of its loan relationships (or its derivative contracts by virtue of section 574 of that Act), have been restricted.”
- (14) In this section “*company with investment business*” has the meaning given by section 1218 of CTA 2009.
##### 768C
- (1) This section applies where—
- (a) there is a change in the ownership of a company with investment business (“the relevant company”);
- (b) none of paragraphs (a) to (c) of section 768B(1) applies;
- (c) after the change in the ownership the relevant company acquires an asset from another company in circumstances such that section 171(1) of the 1992 Act applies to the acquisition; and
- (d) a chargeable gain (“a relevant gain”) accrues to the relevant company on a disposal of the asset within the period of three years beginning with the change in the ownership.
- (2) For the purposes of subsection (1)(d) above an asset acquired by the relevant company as mentioned in subsection (1)(c) above shall be treated as the same as an asset owned at a later time by that company if the value of the second asset is derived in whole or in part from the first asset, and in particular where the second asset is a freehold and the first asset was a leasehold and the lessee has acquired the reversion.
- (3) For the purposes of this section—
- (a) the accounting period of the relevant company in which the change in the ownership occurs shall be divided into two parts, the first the part ending with the change, the second the part after;
- (b) those parts shall be treated as two separate accounting periods; and
- (c) the amounts in issue for the accounting period being divided shall be apportioned to those parts.
- (4) In Schedule 28A—
- (a) Part V shall have effect for identifying the amounts in issue for the accounting period being divided; and
- (b) Part VI shall have effect for the purpose of apportioning those amounts to the parts of that accounting period.
- (5) Subsections (6) to (8) of section 768B shall apply in relation to the relevant company as they apply in relation to the company mentioned in subsection (1) of that section except that any reference in those subsections to Part III of Schedule 28A shall be read as a reference to Part VI of that Schedule.
- (6) Subsections (7) and (9) below apply only where, in accordance with the relevant provisions of the 1992 Act and Part VI of Schedule 28A, an amount is included in respect of chargeable gains in the total profits for the accounting period of the relevant company in which the relevant gain accrues.
- (7) In computing the total profits of the relevant company for the accounting period in which the relevant gain accrues, no deduction shall be made under section 1219 of CTA 2009 (expenses of management of a company's investment business) by reference to—
- (a) expenses of management deductible or allowances falling to be made for an accounting period of the relevant company beginning before the change in ownership, or
- (b) charges paid in such an accounting period,
from an amount of the total profits equal to the amount which represents the relevant gain.
- (8) For the purposes of this section, the amount of the total profits for an accounting period which represents the relevant gain is—
- (a) where the amount of the relevant gain does not exceed the amount which is included in respect of chargeable gains for that period, an amount equal to the amount of the relevant gain;
- (b) where the amount of the relevant gain exceeds the amount which is included in respect of chargeable gains for that period, the amount so included.
- (9) Part IV of Schedule 28A shall have effect for the purpose of restricting, in a case where this section applies, the debits . . . to be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of the relevant company’s loan relationships (including debits so brought into account by virtue of section 574 of that Act)and the non-trading deficits in respect of those relationships that may be carried forward.
- (11) Subsections (8) and (9) of section 768 shall apply for the purposes of this section as they apply for the purposes of that section.
- (12) In this section—
- “*the relevant provisions of the 1992 Act*” means section 8(1) of and Schedule 7A to that Act; and
- “*company with investment business*” has the meaning given by section 1218 of CTA 2009.
- (13) This section applies in relation to an asset to which Part 8 of CTA 2009 applies (intangible fixed assets), with the following adaptations—
- (a) for the reference to section 171(1) of the 1992 Act substitute a reference to section 775 of CTA 2009;
- (b) for any reference to a chargeable gain under the 1992 Act substitute a reference to a chargeable realisation gain within the meaning of that Part that is a non-trading credit for the purposes of that Part (see section 746 of that Act);
- (c) for any reference to a disposal of the asset substitute a reference to its realisation within the meaning of that Part (see section 734(1) of that Act);
- (d) for the reference to the relevant provisions of the 1992 Act substitute a reference to Chapter 6 of that Part.
##### 768D
- (1) This section applies where there is a change in the ownership of a company carrying on a UK property business and—
- (a) in the case of a company with investment business, either—
- (i) paragraph (a), (b) or (c) of section 768B(1) applies, or
- (ii) section 768C applies;
- (b) in the case of a company which is not a company with investment business, paragraph (a) or (b) of section 768(1) applies.
- (2) Where this section applies the following provisions have effect to prevent relief being given under section 392A by setting a UK property business loss incurred by the company before the change of ownership against profits arising after the change.
- (3) The accounting period in which the change of ownership occurs is treated for that purpose as two separate accounting periods, the first ending with the change and the second consisting of the remainder of the period.
- (4) The profits or losses of the period in which the change occurs are apportioned to those two periods—
- (a) in the case of a company with investment business—
- (i) where paragraph (a), (b) or (c) of section 768B(1) applies, in accordance with Parts II and III of Schedule 28A, or
- (ii) where section 768C applies, in accordance with Parts V and VI of that Schedule, and
- (b) in the case of a company which is not a company with investment business, according to the length of the periods,
unless in any case the specified method of apportionment would work unjustly or unreasonably in which case such other method shall be used as appears just and reasonable.
- (5) Relief under section 392A(1) against total profits of the same accounting period is available only in relation to each of those periods considered separately.
- (6) A loss made in any accounting period beginning before the change of ownership may not be set off under section 392A(2) against, or deducted by virtue of section 392A(3) from—
- (a) in the case of—
- (i) a company with investment business where paragraph (a), (b) or (c) of section 768B(1) applies, or
- (ii) a company which is not a company with investment business,
profits of an accounting period ending after the change of ownership;
- (b) in the case of a company with investment business where section 768C applies, from so much of those profits as represents the relevant gain within the meaning of that section.
- (7) Subsections (8) and (9) of section 768 (time limits for assessment; information powers) apply for the purposes of this section as they apply for the purposes of that section.
- (8) In this section—
- “*the capital prohibition rule*” means the rule in section 74(1)(f) or (g) (capital expenditure), as applied by section 21A, and
- “*the wholly and exclusively rule*” means the rule in section 74(1)(a) or (e) (expenses not wholly and exclusively for trade and unconnected losses), as applied by section 21A.
#### Schedule E.
##### 31ZB
- (1) This section restricts deductions that would otherwise be allowable under section 31ZA.
- (2) No deduction is allowed if, when the energy-saving item is installed, the dwelling-house—
- (a) is in the course of construction, or
- (b) is comprised in land in which the company does not have an interest or is in the course of acquiring an interest or further interest.
- (3) No deduction is allowed in respect of expenditure in an accounting period if—
- (a) the Schedule A business consists of or includes the commercial letting of furnished holiday accommodation for the purposes of section 503, and
- (b) the dwelling-house constitutes some or all of that accommodation for the accounting period.
- (4) No deduction is allowed in respect of expenditure treated by section 401 (as applied by section 21B) as incurred on the date on which the company starts to carry on the Schedule A business unless the expenditure was incurred not more than 6 months before that date.
- (5) No deduction is allowed in respect of expenditure incurred in acquiring and installing the energy-saving item in a building containing the dwelling-house in so far as the expenditure is not for the benefit of the dwelling-house.
##### 31ZC
- (1) In relation to any deduction under section 31ZA, the Treasury may make regulations for—
- (a) restricting or reducing the amount of expenditure for which the deduction is allowable,
- (b) excluding entitlement to the deduction in such cases as may be specified in, or determined in accordance with, the regulations,
- (c) determining who is (and is not) entitled to the deduction if different persons have different interests in land that consists of or includes the whole or part of a building containing one or more dwelling-houses,
- (d) making apportionments if the Schedule A business is carried on by persons in partnership or an interest in land is beneficially owned by persons jointly or in common.
- (2) The apportionments that may be made include apportionments to persons within the charge to income tax.
- (3) Regulations under this section may—
- (a) make different provision for different cases, and
- (b) contain incidental, supplemental, consequential and transitional provision and savings (including provision as to appeals in relation to apportionments mentioned in subsection (1)(d)).
##### 31A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 31B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule A.
### Connected persons
##### 33A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 37A
- (a) any reference to a case where paragraph (a) or (b) of section 768(1) applies includes the case where that paragraph would apply if the reference there to a trade carried on by the company were to a UK property business carried on by it;
- (b) “*company with investment business*” has the meaning given by section 1218 of CTA 2009.
- (9) The provisions of this section apply in relation to an overseas property business as they apply in relation to a UK property business.
##### 768E
- (1) Where there is a change in the ownership of a company with investment business and either—
- (a) paragraph (a), (b) or (c) of section 768B(1) applies, or
- (b) section 768C applies,
the following provisions have effect to prevent relief being given under section 753 of CTA 2009 (treatment of non-trading losses) by setting a non-trading loss on intangible fixed assets incurred by the company before the change of ownership against profits arising after the change.
- (2) The accounting period in which the change of ownership occurs is treated for that purpose as two separate accounting periods, the first ending with the change and the second consisting of the remainder of the period.
- (3) The profits or losses of the period in which the change occurs are apportioned to those two periods—
- (a) where paragraph (a), (b) or (c) of section 768B(1) applies, in accordance with Parts 2 and 3 of Schedule 28A, or
- (b) where section 768C applies, in accordance with Parts 5 and 6 of that Schedule,
unless in any case the specified method of apportionment would work unjustly or unreasonably in which case such other method shall be used as appears just and reasonable.
- (4) Relief under section 753 of CTA 2009 (treatment of non-trading losses) against total profits of the same accounting period is available only in relation to each of those periods considered separately.
- (5) A loss made in any accounting period beginning before the change of ownership may not be set off under section 753(3) of CTA 2009 (carry forward of non-trading losses) against—
- (a) in a case where paragraph (a), (b) or (c) of section 768B(1) applies, profits of an accounting period ending after the change of ownership;
- (b) in a case where section 768C applies, so much of those profits as represents the relevant gain within the meaning of that section.
- (6) Subsections (8) and (9) of section 768 (time limits for assessment; information powers) apply for the purposes of this section as they apply for the purposes of that section.
- (7) In this section “company with investment business” has the meaning given by section 1218 of CTA 2009.
##### 770A
Schedule 28AA (which deals with provision made or imposed otherwise than at arm’s length) shall have effect.
#### Relevant interests.
### Factoring of income receipts etc
##### 774A
- (1) For the purposes of section 774B an arrangement is a structured finance arrangement in relation to a person (“*the borrower*”) if the following condition is met in relation to the borrower.
- (2) The condition is that—
- (a) under the arrangement the borrower receives from another person (“*the lender*”) any money or other asset (“the advance”) in any period,
- (b) in accordance with generally accepted accounting practice the accounts of the borrower for that period record a financial liability in respect of the advance,
- (c) the borrower, or a person connected with the borrower, makes a disposal of an asset (“the security”) under the arrangement to or for the benefit of the lender or a person connected with the lender,
- (d) the lender, or a person connected with the lender, is entitled under the arrangement to payments in respect of the security, and
- (e) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower.
- (3) For the purposes of this section, in any case where the borrower is a partnership, references to the accounts of the borrower include the accounts of any member of the partnership.
- (4) For the purposes of this section and section 774B—
- (a) references to a person connected with the borrower do not include the lender, and
- (b) references to a person connected with the lender do not include the borrower.
##### 774B
- (1) This section applies if an arrangement is a structured finance arrangement in relation to a person (“*the borrower*”).
- (1A) If the arrangement would (disregarding this section) have had the relevant effect (see subsections (2) and (3)), the arrangement is not to have that effect.
- (1B) If the arrangement would (disregarding this section) not have had that effect, the payments mentioned in section 774A(2)(d) are to be treated for tax purposes as income of the borrower payable in respect of the security (whether or not those payments are also the income of anyone else for tax purposes).
- (2) If the borrower is a person other than a partnership, the relevant effect is that—
- (a) an amount of income on which the borrower, or a person connected with the borrower, would otherwise have been charged to tax is not so charged,
- (b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of the borrower, or of a person connected with the borrower, is not so brought into account, or
- (c) the borrower, or a person connected with the borrower, becomes entitled to an income deduction.
- (3) If the borrower is a partnership, the relevant effect is that—
- (a) an amount of income on which a member of the partnership would otherwise have been charged to tax is not so charged,
- (b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of a member of the partnership is not so brought into account, or
- (c) a member of the partnership becomes entitled to an income deduction.
- (4) If—
- (a) a person in relation to whom this section applies is within the charge to income tax, and
- (b) in accordance with generally accepted accounting practice the accounts of the person record an amount as a finance charge in respect of the advance,
that person may treat the amount for income tax purposes as interest payable on a loan.
- (5) If a person in relation to whom this section applies is within the charge to corporation tax—
- (a) the advance is to be treated, in relation to the company, for the purposes of Part 5 of CTA 2009 as a money debt owed by the company,
- (b) the arrangement is to be treated, in relation to the company, for the purposes of that Part as a loan relationship of the company (as a debtor relationship), and
- (c) any amount which, in accordance with generally accepted accounting practice, is recorded in the accounts of the company as a finance charge in respect of the advance is to be treated as interest payable under that relationship.
- (6) For the purposes of this section, in any case where the borrower is a partnership,—
- (a) references to accounts include the accounts of the partnership, and
- (b) any deemed interest is treated as payable by the partnership (whether or not the finance charge is recorded in the accounts of the partnership).
- (7) For the purpose of determining when any deemed interest in respect of the advance is paid—
- (a) the payments mentioned in section 774A(2)(d) are treated as consisting of amounts for repaying the advance and amounts (“the interest elements”) in respect of interest on the advance, and
- (b) the interest elements of those payments are treated as paid when those payments are paid,
and the deemed interest in respect of the advance is treated as paid at the times when the interest elements are treated as paid.
- (8) In this section “*deemed interest*” means any amount which is treated as interest as a result of subsection (4) or (5).
- (9) This section is subject to the exceptions contained in section 774E.
##### 774C
- (1) For the purposes of section 774D an arrangement is a structured finance arrangement in relation to a partnership (“the borrower partnership”) if condition A or B is met in relation to the borrower partnership.
- (2) Condition A is that—
- (a) a person (“the transferor partner”) disposes of an asset (“the security”) under the arrangement to the borrower partnership,
- (b) the transferor partner is a member of the borrower partnership immediately after the disposal (whether or not a member immediately before the disposal),
- (c) under the arrangement the borrower partnership receives from another person (“*the lender*”) any money or other asset (“the advance”) in any period,
- (d) in accordance with generally accepted accounting practice the accounts of the borrower partnership for that period record a financial liability in respect of the advance,
- (e) there is a relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender (see subsection (6)),
- (f) under the arrangement the share of the lender or person connected with the lender in the profits of the borrower partnership is determined by reference (wholly or partly) to payments in respect of the security, and
- (g) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower partnership.
- (3) For the purposes of condition A, references to the accounts of the borrower partnership include the accounts of the transferor partner.
- (4) Condition B is that—
- (a) the borrower partnership holds an asset (“the security”) as a partnership asset at any time before the arrangement is made,
- (b) under the arrangement the borrower partnership receives from another person (“*the lender*”) any money or other asset (“the advance”) in any period,
- (c) in accordance with generally accepted accounting practice the accounts of the borrower partnership for that period record a financial liability in respect of the advance,
- (d) there is a relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender,
- (e) under the arrangement the share of the lender or person connected with the lender in the profits of the borrower partnership is determined by reference (wholly or partly) to payments in respect of the security, and
- (f) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower partnership.
- (5) For the purposes of condition B, references to the accounts of the borrower partnership include the accounts of any person who is a member of the partnership immediately before the arrangement is made.
- (6) For the purposes of this section and section 774D there is a relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender if directly or indirectly in consequence of, or otherwise in connection with, the arrangement—
- (a) the lender, or a person connected with the lender, becomes a member of the borrower partnership at any time, or
- (b) there is at any time a change in the share of a member of the borrower partnership in the profits of the borrower partnership in a case where that member is the lender or a person connected with the lender.
- (7) For the purposes of subsection (6)(b) the reference to a person connected with the lender includes a person who at any time becomes connected with the lender directly or indirectly in consequence of, or otherwise in connection with, the arrangement.
##### 774D
- (1) This section applies if—
- (a) in calculating the amount that falls to be treated as a receipt of a UK property business under Chapter 4 of Part 3 of ITTOIA 2005 (“*the ITTOIA receipt*”), there is a reduction under section 288 of that Act by reference to a taxed receipt, and
- (b) the taxed receipt is the amount chargeable on the superior interest for the purposes of section 37.
- (2) Section 37(4) shall apply for the period in respect of which the ITTOIA receipt arose only if the appropriate fraction of the amount chargeable on the superior interest exceeds the amount of the ITTOIA receipt given by the formula in section 277, 279, 280, 281 or 282 of ITTOIA 2005, as the case may be.
- (3) Section 37(4) shall then apply as if the amount chargeable on the superior interest were reduced in the proportion which that excess bears to that appropriate fraction.
- (4) Subsection (5) applies if—
- (a) the ITTOIA receipt is in respect of a lease granted out of the taxed lease,
- (b) the taxed lease is the head lease for the purposes of section 37, and
- (c) the lease granted as mentioned in paragraph (a) does not extend to the whole of the premises subject to the head lease.
- (5) Section 37(4) and subsections (2) and (3) above shall be applied separately to the part of the premises subject to the lease and to the remainder of the premises, but as if for any reference to the amount chargeable on the superior interest there were a reference to that amount proportionately adjusted.
- (6) For the purposes of this section the appropriate fraction of the amount chargeable on the superior interest is the fraction—
$$AB$where—A is the period in respect of which the ITTOIA receipt arose, andB is the period in respect of which the amount chargeable on the superior interest arose for the purposes of section 37.$
- (7) For the purposes of this section the period in respect of which an ITTOIA receipt arose is its receipt period (within the meaning of Chapter 4 of Part 3 of ITTOIA 2005 (see section 288(6))).
- (8) In this section the following expressions have the same meaning as in Chapter 4 of Part 3 of ITTOIA 2005—
- “reduction under section 288 by reference to a taxed receipt” (see section 290(6) of that Act),
- “taxed lease” (see section 287(4) of that Act), and
- “taxed receipt” (see section 287(4) of that Act).
- (9) In the application of this section to Scotland, references to a lease granted out of a taxed lease are to be construed as references to a sublease of land subject to the taxed lease.
#### Section 37(4) and reductions in receipts under ITTOIA 2005
##### 42A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Rent factoring
##### 43A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 43G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 51AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 51A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 51B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule F.
##### 56A
- (1) This section applies where there is an arrangement under which—
- (a) there is a right to receive an amount (with or without interest)
in pursuance of a deposit of money,
- (b) when the right comes into existence there is no certificate of deposit in respect of the right, and
- (c) the person for the time being entitled to the right is entitled to call for the issue of a certificate of deposit in respect of the right.
- (2) In such a case—
- (a) the right shall be treated as not falling within section 56(1)(b), and
- (b) if there is a disposal or exercise of the right before such time (if any) as a certificate of deposit is issued in respect of it, section 56(2) shall apply to it by virtue of this paragraph.
- (3) In the application of section 56 by virtue of this section—
- (a) subsection (2) shall have effect as if the words from “(whether” to “person)” read “(whether by the person originally entitled to the right or by some other person)”, and
- (b) subsection (3) shall have effect as if the words “stated in a certificate of deposit” read “under an arrangement”.
- (4) In this section “*certificate of deposit*” has the meaning given by section 56(5).
##### 62A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 63A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 65A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 68A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 68B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 68C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 70A
- (1) This section applies where a company is chargeable to corporation tax under Case V of Schedule D in respect of income which—
- (a) arises from a business carried on for the exploitation, as a source of rents or other receipts, of any estate, interest or rights in or over land outside the United Kingdom, and
- (b) is not income to which section 70(2) applies (income from a trade or vocation).
- (2) The provisions of Schedule A apply to determine whether income falls within subsection (1)(a) above as they would apply to determine whether the income fell within paragraph 1(1) of that Schedule if—
- (a) the land in question were in the United Kingdom, or
- (b) a caravan or houseboat which is to be used at a location outside the United Kingdom were to be used at a location in the United Kingdom.
- (3) Any provision of the Taxes Acts which deems there to be a Schedule A business in the case of land in the United Kingdom applies where the corresponding circumstances arise with respect to land outside the United Kingdom so as to deem there to be a business within subsection (1)(a) above.
- (4) All businesses and transactions carried on or entered into by a particular company or partnership, so far as they are businesses or transactions the income from which is chargeable to tax under Case V of Schedule D in accordance with this section, are treated for the purposes of the charge to tax under Case V as, or as entered into in the course of carrying on, a single business (an “overseas property business").
- (5) The income from an overseas property business shall be computed for the purposes of Case V of Schedule D in accordance with the rules applicable to the computation of the profits of a Schedule A business.
Those rules apply separately in relation to—
- (a) an overseas property business, and
- (b) any actual Schedule A business of the company chargeable,
as if each were the only Schedule A business carried on by that company.
- (6) Sections 503 and 504 of this Act . . . do not apply to the profits or losses of an overseas property business.
- (7) Where under this section rules expressed by reference to domestic concepts of law apply in relation to land outside the United Kingdom, they shall be interpreted so as to produce the result that most closely corresponds with the result produced for Schedule A purposes in relation to land in the United Kingdom.
##### 75A
- (1) This section has effect for the purpose of determining the accounting period to which expenses of management are referable for the purposes of section 75(1).
- (2) Where—
- (a) expenses of management are debited in accounts drawn up by a company for a period of account,
- (b) the treatment of those expenses in those accounts is in accordance with generally accepted accounting practice, and
- (c) the period of account coincides with an accounting period,
the expenses of management are referable to that accounting period.
- (3) Where—
- (a) expenses of management are debited in accounts drawn up by a company for a period of account, and
- (b) the treatment of those expenses in those accounts is in accordance with generally accepted accounting practice, but
- (c) the period of account does not coincide with an accounting period,
subsection (4) below applies.
- (4) Where this subsection applies, the expenses of management—
- (a) shall be apportioned between any accounting periods that fall within the period of account, and
- (b) are referable to an accounting period to the extent that they are so apportioned to it.
- (5) An apportionment under subsection (4) above shall be in accordance with section 834(4) (time basis) unless it appears that that method would work unreasonably or unjustly, in which case such other method shall be used as appears just and reasonable.
- (a) an arrangement is a structured finance arrangement in relation to a partnership (“the borrower partnership”), and
- (b) any relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender would (disregarding this section) have had the following effect.
- (2) The effect is that—
- (a) an amount of income on which a relevant member of the borrower partnership would otherwise have been charged to tax is not so charged,
- (b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of a relevant member of the borrower partnership is not so brought into account, or
- (c) a relevant member of the borrower partnership becomes entitled to an income deduction.
- (2A) In determining whether the condition in subsection (1)(b) is met it is to be assumed that amounts of income equal to the payments mentioned in section 774C(2)(f) or (4)(e) were payable to the borrower partnership before the time at which the relevant change in relation to its membership involving the lender or a person connected with the lender occurs.
- (3) In this section “*relevant member of the borrower partnership*” means—
- (a) in any case where condition A in section 774C is met in relation to the arrangement, the transferor partner, and
- (b) in any case where condition B in that section is met in relation to the arrangement, any person other than the lender who is a member of the borrower partnership immediately before the time at which the relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender occurs.
- (4) Part 9 of ITTOIA 2005 and sections 1259 to 1265 of CTA 2009 are to have effect in relation to any relevant member of the borrower partnership as if the relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender had not occurred.
Accordingly, the structured finance arrangement is not to have the effect mentioned in subsection (2).
- (5) The following provisions of this section confer relief from tax the availability of which depends on which of the conditions in section 774C is met in relation to the arrangement.
- (6) In any case where condition A in section 774C is met, if—
- (a) the transferor partner is a person within the charge to income tax, and
- (b) in accordance with generally accepted accounting practice the accounts of the borrower partnership record an amount as a finance charge in respect of the advance,
the transferor partner may treat the amount for income tax purposes as interest payable by the transferor partner on a loan.
- (7) In any case where condition A in that section is met, if the transferor partner is a company within the charge to corporation tax—
- (a) the advance is to be treated, in relation to the company, for the purposes of Chapter 9 of Part 5 of CTA 2009 (partnerships involving companies) (and the other provisions of that Part) as a money debt owed by the borrower partnership,
- (b) the arrangement is to be treated, in relation to the company, as a transaction for the lending of money from which that debt is treated as arising for those purposes, and
- (c) any amount which, in accordance with generally accepted accounting practice, is recorded in the accounts of the borrower partnership as a finance charge in respect of the advance is to be treated as interest payable by the company under that transaction.
- (8) For the purposes of subsections (6) and (7), references to the accounts of the borrower partnership include the accounts of the transferor partner.
- (9) In any case where condition B in section 774C is met, if—
- (a) a relevant member of the borrower partnership is a person within the charge to income tax, and
- (b) in accordance with generally accepted accounting practice the accounts of the borrower partnership record an amount as a finance charge in respect of the advance,
the relevant partner may treat the amount for income tax purposes as interest payable by the borrower partnership on a loan.
- (10) In any case where condition B in that section is met, if a relevant member of the borrower partnership is a company within the charge to corporation tax—
- (a) the advance is to be treated, in relation to the company, for the purposes of Chapter 9 of Part 5 of CTA 2009 (partnerships involving companies) (and the other provisions of that Part) as a money debt owed by that partnership,
- (b) the arrangement is to be treated, in relation to the company, as a transaction for the lending of money from which that debt is treated as arising for those purposes, and
- (c) any amount which, in accordance with generally accepted accounting practice, is recorded in the accounts of the borrower partnership as a finance charge in respect of the advance is to be treated as interest payable by the borrower partnership under that transaction.
- (11) For the purposes of subsections (9) and (10), references to the accounts of the borrower partnership include the accounts of any relevant member of the borrower partnership.
- (12) For the purpose of determining when any deemed interest in respect of the advance is paid—
- (a) the payments mentioned in section 774C(2)(f) or (4)(e) are treated as consisting of amounts for repaying the advance and amounts (“the interest elements”) in respect of interest on the advance, and
- (b) the interest elements of those payments are treated as paid when those payments are paid,
and the deemed interest in respect of the advance is treated as paid at the times when the interest elements are treated as paid.
- (13) In this section “*deemed interest*” means any amount which is treated as interest as a result of any of subsections (6) to (10).
- (14) This section is subject to the exceptions contained in section 774E.
##### 774E
- (1) Section 774B or 774D does not apply if the whole of the advance under the structured finance arrangement—
- (a) is charged to tax on a relevant person (see subsection (7)) as an amount of income,
- (b) is brought into account in calculating for tax purposes any income of a relevant person, or
- (c) is brought into account for the purposes of any provision of the Capital Allowances Act as a disposal receipt, or proceeds from a balancing event or disposal event, of a relevant person.
For the purposes of this subsection the effect of section 785A (rent factoring of leases of plant or machinery) is to be disregarded.
- (2) Subsection (1)(c) is not to be taken as met in any case where—
- (a) the receipt or proceeds gives rise to a balancing charge, and
- (b) the amount of the balancing charge is limited by any provision of the Capital Allowances Act.
- (3) Section 774B or 774D does not apply if, at all times, the whole of the advance under the structured finance arrangement—
- (a) is a debtor relationship of a relevant person for the purposes of Part 5 of CTA 2009 (loan relationships), or
- (b) would be a debtor relationship of a relevant person for those purposes if that person were a company within the charge to corporation tax.
For the purposes of this subsection references to a debtor relationship do not include a relationship to which Chapter 2 of Part 6 of CTA 2009 (relevant non-lending relationships) applies.
- (4) Section 774B or 774D does not apply in so far as the structured finance arrangement is an arrangement in relation to which—
- (a) section 263A of the 1992 Act (agreements for sale and repurchase of securities) applies,
- (b) Schedule 13 to the Finance Act 2007 (sale and repurchase of securities) or Chapter 10 of Part 6 of CTA 2009 (repos) applies, or
- (c) Chapter 5 of Part 2 of the Finance Act 2005 or Chapter 6 of Part 6 of CTA 2009 (alternative finance arrangements) has effect.
- (5) Section 774B or 774D does not apply in so far as—
- (a) the security under the structured finance arrangement is plant or machinery which is the subject of a sale and finance leaseback, or
- (b) the structured finance arrangement is an arrangement in relation to which sections 228B and 228C of the Capital Allowances Act apply with the modifications contained in section 228F of that Act (lease and finance leaseback).
- (6) For the purposes of subsection (5)(a), whether plant or machinery is the subject of a sale and finance leaseback is determined in accordance with section 221 of the Capital Allowances Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) For the purposes of this section a “*relevant person*” means—
- (a) if section 774B applies, the borrower under the structured finance arrangement, a person connected with that borrower or (if that borrower is a partnership) a member of the partnership, and
- (b) if section 774D applies, a relevant member of the borrower partnership (within the meaning of that section).
##### 774F
- (1) The Treasury may make regulations prescribing other circumstances in which section 774B or 774D is not to apply in relation to a structured finance arrangement.
- (2) Any regulations under subsection (1) may make provision amending section 774E.
- (3) The power to make regulations under subsection (1) includes—
- (a) power to make provision having effect in relation to times before the making of the regulations (but not times earlier than 6th June 2006),
- (b) power to make different provision for different cases or different purposes, and
- (c) power to make incidental, supplemental, consequential or transitional provision and savings.
##### 774G
- (1) For the purposes of sections 774A to 774D “*arrangement*” includes any agreement or understanding (whether or not legally enforceable).
- (2) For the purposes of sections 774A to 774D “*income deduction*” means—
- (a) a deduction in calculating any income for tax purposes, or
- (b) a deduction against total income or total profits.
- (3) For the purposes of sections 774A to 774D—
- (a) references to a person's receiving any asset include—
- (i) the person's obtaining directly or indirectly the value of any asset or otherwise deriving directly or indirectly any benefit from it, and
- (ii) the discharge (in whole or in part) of any liability of the person,
- (b) references to a disposal of an asset include anything which constitutes a disposal of the asset for the purposes of the 1992 Act,
- (c) references to payments in respect of any asset include—
- (i) payments in respect of any other asset substituted for it under the arrangement, and
- (ii) obtaining directly or indirectly the value of any asset or otherwise deriving directly or indirectly any benefit from it.
- (4) For the purposes of sections 774A to 774D, section 839 (connected persons) applies.
- (5) For the purposes of sections 774A to 774D references to the accounts of any person who is a company include the consolidated group accounts of a group of companies of which it is a member.
- (5A) In determining for the purposes of sections 774A to 774D whether an amount is recorded as a financial liability in respect of the advance it is to be assumed that the period of account in which the advance is received ended immediately after the receipt of the advance.
- (6) If any person does not draw up accounts in accordance with generally accepted accounting practice, sections 774A to 774D apply as if the accounts had been drawn up by the person in accordance with that practice.
- (7) Sections 277 to 281 of ITTOIA 2005 and sections 217 to 221 of CTA 2009 (lease premiums) are not to apply in relation to a premium paid in respect of a grant of a lease where the grant constitutes a disposal of an asset for the purposes of section 774A(2)(c) or 774C(2)(a).
##### 775A
- (1) This section applies in any case where—
- (a) a person sells or transfers the right to receive an annual payment to which this section applies (see subsection (2)), and
- (b) the consideration (if any) for the sale or transfer would not, apart from this section, be chargeable to tax.
- (2) This section applies to any annual payment other than—
- (a) an annual payment under a life annuity;
- (b) an annual payment under a pension annuity;
- (c) an annual payment to which section 347A applies (certain annual payments not to form part of the income of a company for corporation tax purposes);
- (d) an annual payment in respect of which, by virtue of section 727 of ITTOIA 2005 (payments by individuals arising in UK), no liability to income tax arises under Part 5 of that Act.
- (3) Where this section applies, the person who sells or transfers the right to the annual payment shall be charged to tax for the chargeable period in which the sale or transfer takes place on an amount equal to the market value of the right to receive the annual payment.
- (4) So far as relating to corporation tax, the charge to tax under subsection (3) has effect as an application of the charge to corporation tax on income.
- (5) This section applies in relation to part of an annual payment as it applies in relation to the whole of an annual payment.
- (6) For the purposes of this section, a sale or transfer of all rights under an agreement for annual payments, or under an annuity, is a sale or transfer of the rights to each individual payment under the agreement or annuity.
- (7) In this section—
- “*life annuity*” means—a life annuity, as defined in section 657(1); ora life annuity, as defined in section 473(2) of ITTOIA 2005;
- “*pension annuity*” means an annuity which is pension income within the meaning of Part 9 of ITEPA 2003 (see section 566(2) of that Act).
#### Section 785B: expectation that relevant capital payment will not be paid
##### 785ZA
- (1) This section applies for corporation tax purposes if—
- (a) a company carries on a business in respect of which the company is within the charge to corporation tax,
- (b) the company carries on the business in partnership with other persons in an accounting period of the partnership,
- (c) the business (“the leasing business”) is, on any day in that period, a business of leasing plant or machinery,
- (d) the company incurs a loss in its notional business in any accounting period comprised (wholly or partly) in the accounting period of the partnership, and
- (e) the interest of the company in the leasing business during the accounting period of the partnership is not determined on an allowable basis (see subsections (2) to (4)).
- (2) The interest of the company in the leasing business during the accounting period of the partnership is determined on an allowable basis if (and only if) the following condition is met.
- (3) The condition is met if, for the purposes of sections 1262 to 1264 of CTA 2009,—
- (a) the company's share in the profits or loss of the leasing business for that period is determined wholly by reference to a single percentage, and
- (b) the company's share in any relevant capital allowances for that period is determined wholly by reference to the same percentage.
- (4) For the purposes of this condition “*profits*” does not include chargeable gains.
- (5) The following restrictions apply in respect of so much of the loss incurred by the company in its notional business as derives from any relevant capital allowances (“the restricted part of the loss”).
- (6) Apart from by way of set off against any relevant leasing income, relief is not to be given to the company under any relevant loss relief provision in respect of the restricted part of the loss.
- (7) If the leasing business is a trade, relief is not to be given to the company under section 393A(1) in respect of the restricted part of the loss.
- (8) The restricted part of the loss is not available for set off by way of group relief in accordance with section 403.
- (9) For the purpose of determining how much of a loss derives from any relevant capital allowances, the loss is to be calculated on the basis that any relevant capital allowances are the final amounts to be deducted.
##### 785ZB
- (1) This section applies for the purposes of section 785ZA.
- (2) “*Business of leasing plant or machinery*” has the same meaning as in Part 3 of Schedule 10 to the Finance Act 2006 (sale etc of lessor companies etc).
- (3) “*Lease*” has the same meaning as in section 785A.
- (4) “*Notional business*”, in relation to a company, means the business the profits or losses of which are determined, in relation to the company, under section 1259 of CTA 2009 (calculation of firm's profits and losses).
- (5) “*Plant or machinery*” has the same meaning as in Part 2 of the Capital Allowances Act.
- (6) “*Relevant capital allowance*” means an allowance under Part 2 of the Capital Allowances Act in respect of expenditure incurred on the provision of plant or machinery wholly or partly for the purposes of the leasing business.
- (7) “*Relevant leasing income*” means any income of the company's notional business deriving from any lease—
- (a) which is a lease of plant or machinery, and
- (b) which was entered into before the end of the accounting period of the company in which the loss in its notional business was incurred.
- (8) “*Relevant loss relief provision*” means any of the following provisions—
- (a) section 392A (UK property business losses),
- (b) section 392B (losses from overseas property businesses),
- (c) section 393 (trade losses),
- (d) section 396 (losses from miscellaneous transactions).
##### 785A
- (1) This section applies in any case where the following conditions are satisfied—
- (a) a person (call him “P”) is entitled to receive rentals under a lease of plant or machinery,
- (b) the rentals, so far as receivable by him, fall to be brought into account as income for the purpose of calculating his tax liability,
- (c) P enters into arrangements for the transfer of his right to receive some or all of the rentals to another person,
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In any such case, the market value of the rights transferred—
- (a) shall be treated for tax purposes as income of P,
- (b) shall be taxable as rentals receivable by P under the lease (apart from any transfer of his right to receive some or all of the rentals), and
- (c) shall be brought into account at the time of the transfer.
- (2A) But subsection (2) does not apply if and to the extent that any of the market value of the rights transferred is (apart from this section) brought into account—
- (a) as income, or
- (b) as a capital allowances disposal receipt.
- (3) Any reference to the transfer from P to another person of a right to receive rentals includes a reference to any arrangement under which rental ceases to form part of the receipts taken into account as income for the purposes of calculating P’s tax liability.
- (4) Where P is a partnership, any reference in this section to calculating P’s tax liability includes a reference to calculating the tax liability of the partners, notwithstanding that the partnership has legal personality.
- (5) A partnership has legal personality for the purposes of subsection (4) above if it is regarded as a legal person, or as a body corporate, under the law of the country or territory under which it is formed.
- (5ZA) The references in subsections (1)(c) and (3) to another person include any person in which P has an interest, including any partnership of which P is a member and the trustees of any trust of which P is a beneficiary.
- (5A) This section does not apply in so far as section 774B or 774D (structured finance arrangements) applies in relation to the arrangements mentioned in paragraph (c) of subsection (1) above as a result of the transfer mentioned in that paragraph.
- (5B) This section does not apply in relation to a relevant capital payment to which section 785B below or section 809ZA of ITA 2007 applies; and “relevant capital payment” here has the same meaning as in that section.
- (6) In this section—
- “*capital allowances disposal receipt*” means a disposal receipt within the meaning of Part 2 of the Capital Allowances Act 2001 (see section 60 of that Act);
- “*lease*” includes an underlease, sublease, tenancy or licence and an agreement for any of those things;
- “*tax liability*” means liability to income tax or corporation tax.
##### 785B
- (1) This section applies if—
- (a) there is an unconditional obligation, under a lease of plant or machinery or a relevant arrangement, to make a relevant capital payment (at any time), or
- (b) a relevant capital payment is made under such a lease or arrangement otherwise than in pursuance of such an obligation.
- (2) The lessor is treated for corporation tax purposes as receiving income attributable to the lease of an amount equal to the amount of the capital payment.
- (3) The income is treated—
- (a) if subsection (1)(a) applies, as income for the period of account in which there is first an obligation of the kind mentioned there, and
- (b) if subsection (1)(b) applies, as income for the period of account in which the payment is made.
##### 785C
- (1) The expressions used in section 785B and this section are to be interpreted as follows.
- (2) “*Capital payment*” means any payment except one which, if made to the lessor—
- (a) would fall to be included in a calculation of the lessor's income for corporation tax purposes, or
- (b) would fall to be included in such a calculation but for section 502B (rental earnings under long funding finance lease).
- (3) “*Lease*” includes—
- (a) a licence, and
- (b) the letting of a ship or aircraft on charter or the letting of any other asset on hire,
and “*lessor*” and “*lessee*” are to be read accordingly.
- (4) “*Lease of plant or machinery*” includes a lease of plant or machinery and other property but does not include—
- (a) a lease where the income attributable to the lease received by the lessor (if any) would be chargeable to tax under Chapter 3 of Part 4 of CTA 2009 as profits of a UK property business, or
- (b) a lease of plant or machinery where the lessor has incurred what would (but for section 34A of the Capital Allowances Act) be qualifying expenditure (within the meaning of Part 2 of that Act) on the plant or machinery.
- (5) “*Relevant arrangement*” means any agreement or arrangement relating to a lease of plant or machinery, including one made before the lease is entered into or after it has ended (and, accordingly, “lessor” and lessee” include prospective and former lessors and lessees).
- (6) A capital payment, in relation to a lease or relevant arrangement, is “relevant” if condition A or B is met (but this is subject to subsection (9)).
- (7) Condition A is that the capital payment is payable (or paid), directly or indirectly, by (or on behalf of) the lessee to (or on behalf of) the lessor in connection with—
- (a) the grant, assignment, novation or termination of the lease, or
- (b) any provision of the lease or relevant arrangement (including the variation or waiver of any such provision).
- (8) Condition B is that rentals payable under the lease are less than (or payable later than) they might reasonably be expected to be if there were no obligation to make the capital payment (and the capital payment were not made).
- (9) A capital payment is not “relevant” if or to the extent that—
- (a) the capital payment reduces (or would but for section 536 of the Capital Allowances Act reduce) the amount of expenditure incurred by the lessor for the purposes of the Capital Allowances Act in respect of the plant or machinery in question,
- (b) the capital payment is compensation for loss resulting from damage to, or damage caused by, the plant or machinery in question, or
- (c) the capital payment would fall (or falls) to be brought into account by the lessor as a disposal receipt within the meaning of Part 2 of the Capital Allowances Act (see section 60(1) of that Act).
- (10) References to payment include the provision of value by any means other than the making of a payment, and accordingly—
- (a) references to the making of a payment include the passing of value (by any other means), and
- (b) references to the amount of the payment include the value passed.
##### 785D
- (1) This section applies if section 785B applies in relation to a lease of plant or machinery and other property (see section 785C(4)).
- (2) The relevant capital payment is to be apportioned, on a just and reasonable basis, between—
- (a) the plant and machinery, and
- (b) the other property.
- (3) If the income (if any) received by the lessor that is attributable to any of the plant or machinery is chargeable to tax under Chapter 3 of Part 4 of CTA 2009 as profits of a UK property business, treat that plant or machinery as falling within subsection (2)(b) (and not subsection (2)(a)).
- (4) Section 785B(2) has effect as if the reference to the amount of the capital payment were to such amount as is apportioned under subsection (2) in respect of the plant or machinery within subsection (2)(a).
#### Restriction of relief for payments of interest.
##### 785E
- (1) This section applies for corporation tax purposes if—
- (a) section 785B applies by virtue of subsection (1)(a) of that section, and
- (b) at any time, the lessor reasonably expects that the relevant capital payment will not be paid (or will not be paid in full).
- (2) For the purposes of calculating the profits of the lessor, a deduction is allowed for the period of account which includes that time.
- (3) The amount of the deduction is equal to the amount reasonably expected not to be paid.
- (4) No other deduction is allowed in respect of the matters mentioned in subsection (1).
#### Relief by agreement with other territories.
#### Interpretation of credit code.
##### 793A
- (1) Where relief in respect of an amount of tax that would otherwise be payable under the law of a territory outside the United Kingdom may be allowed—
- (a) under arrangements made in relation to that territory, or
- (b) under the law of that territory in consequence of any such arrangements,
credit may not be allowed in respect of that tax, whether the relief has been used or not.
- (2) Where, under arrangements having effect by virtue of section 788, credit may be allowed in respect of an amount of tax, credit by way of unilateral relief may not be allowed in respect of that tax.
- (3) Where arrangements made in relation to a territory outside the United Kingdom contain express provision to the effect that relief by way of credit shall not be given under the arrangements in cases or circumstances specified or described in the arrangements, then neither shall credit by way of unilateral relief be allowed in those cases or circumstances.
##### 795A
- (1) The amount of credit for foreign tax which, under any arrangements, is to be allowed against tax in respect of any income or chargeable gain shall not exceed the credit which would be allowed had all reasonable steps been taken—
- (a) under the law of the territory concerned, and
- (b) under any arrangements made in relation to that territory,
to minimise the amount of tax payable in that territory.
- (2) The steps mentioned in subsection (1) above include—
- (a) claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances; and
- (b) making elections for tax purposes.
- (3) For the purposes of subsection (1) above, any question as to the steps which it would have been reasonable for a person to take shall be determined on the basis of what the person might reasonably be expected to have done in the absence of relief under this Part against tax in the United Kingdom.
##### 797A
- (1) This section applies for the purposes of any arrangements where, in the case of any company—
- (a) any non-trading credit relating to an item is brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) for any accounting period (“the applicable accounting period”); and
- (b) there is in respect of that item an amount of foreign tax for which, under the arrangements, credit is allowable against United Kingdom tax computed by reference to that interest.
- (2) It shall be assumed that tax chargeable under section 299 of CTA 2009 on the profits . . . arising for the applicable accounting period from the company’s loan relationships falls to be computed on the actual amount of its non-trading credits for that period, and without any deduction in respect of non-trading debits.
- (3) Section 797(3) shall have effect (subject to subsection (7) below) as if—
- (a) there were for the applicable accounting period an amount equal to the adjusted amount of the non-trading debits falling to be brought into account by being set against profits of the company for that period of any description; and
- (b) different parts of that amount might be set against different profits.
- (4) For the purposes of this section, the adjusted amount of a company’s non-trading debits for any accounting period is the amount equal, in the case of that company, to the aggregate of the non-trading debits given for that period for the purposes of Part 5 of CTA 2009 (loan relationships) less the aggregate of the amounts specified in subsection (5) below.
- (5) Those amounts are—
- (a) so much of any non-trading deficit for the applicable accounting period as is an amount to which a claim under section 389(1) or 459(1)(b) of CTA 2009(deficit carried back and set against profits) relates; and
- (aa) so much of any non-trading deficit for that period as is surrendered as group relief by virtue of section 403 of the Taxes Act 1988; and
- (b) so much of any non-trading deficit for that period as falls to be carried forward to a subsequent period in accordance with section 391 or 457(1) of CTA 2009; . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Section 797(3) shall have effect as if any amount carried forward to the applicable accounting period under section 457(1) of CTA 2009 were an amount capable of being allocated only to any non-trading profits of the company.
- (7) Where—
- (a) the company has a non-trading deficit for the applicable accounting period,
- (b) the amount of that deficit exceeds the aggregate of the amounts specified in subsection (5) above, and
- (c) as the result of—
- (i) the application of section 388(1) of CTA 2009 (insurance companies: basic rule: deficit set off against income and gains of deficit period), or
- (ii) a claim under section 459(1)(a) of that Act (claim to set off deficit against profits of deficit period),
the excess falls to be set off against profits of any description,
section 797(3) shall have effect as if non-trading debits of the company which in aggregate are equal to the amount of the excess were required to be allocated to the profits against which they are set off in pursuance of the claim.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) In this section “*non-trading profits*” has the same meaning as in Chapter 16 of Part 5 of CTA 2009 (see section 457(5) of that Act).
##### 797B
- (1) This section applies for the purposes of any arrangements where, in the case of a company—
- (a) a non-trading credit relating to an item is brought into account for the purposes of Part 8 of CTA 2009 (intangible fixed assets) for an accounting period (“*the applicable accounting period*”), and
- (b) there is in respect of that item an amount of foreign tax for which, under the arrangements, credit is allowable against United Kingdom tax computed by reference to that item.
- (2) It shall be assumed that tax chargeable under that Part of that Act on the profits and gains arising for the applicable accounting period from the company’s intangible fixed assets falls to be computed on the actual amount of its non-trading credits for that period, and without any deduction in respect of non-trading debits.
- (3) Section 797(3) shall have effect as if—
- (a) there were for the applicable accounting period an amount equal to the adjusted amount of the non-trading debits falling to be brought into account by being set against profits of the company for that period of any description, and
- (b) different parts of that amount might be set against different profits.
- (4) For this purpose the adjusted amount of a company’s non-trading debits for an accounting period is given by:
$$TotalDebits-AmountCarriedForward$where—Total Debits is the aggregate amount of the company’s non-trading debits for that accounting period under Part 8 of CTA 2009 (intangible fixed assets), andAmount Carried Forward is the amount (if any) carried forward to the next accounting period of the company under section 753(3) of that Act (carry-forward of non-trading loss in respect of which no claim is made for it to be set against total profits of current period).$
#### Letting of furnished holiday accommodation treated as trade for certain income tax purposes
##### 798A
- (1) This section has effect in relation to the application of section 797(1) to the allowance of credit for foreign tax against corporation tax in respect of trade income.
- (2) The reference in section 797(1) to the relevant income or gain shall be treated as referring only to income arising or gains accruing out of the transaction, arrangement or asset in connection with which the credit for foreign tax arises.
- (3) In determining for the purposes of section 797(1) the amount of corporation tax attributable to any income or gain, there shall be taken into account—
- (a) deductions or expenses which would be allowable in the computation of the taxpayer's liability,
- (b) a reasonable apportionment of allowable deductions or expenses which relate partly to the transaction, arrangement or asset from which the income or gain arises and partly to other matters, and
- (c) expenses of a company connected (within the meaning given by section 839) with the taxpayer, in so far as reasonably attributable to the income or gain.
- (4) In this section and section 798B “*trade income*” means—
- (a) income chargeable to tax under Chapter 2 or 15 of Part 3 of CTA 2009 (trade profits and post-cessation receipts),
- (b) income chargeable to tax under Chapter 3 or 9 of Part 4 of CTA 2009 (profits of property businesses and post-cessation receipts),
- (c) income which arises from a source outside the United Kingdom and is chargeable to tax under section 979 of CTA 2009 (charge to tax on income not otherwise charged), and
- (d) any other income or profits which by a provision of this Act is or are—
- (i) chargeable to tax under Chapter 2 of Part 3 of CTA 2009, or
- (ii) calculated in the same way as the profits of a trade;
but this section shall not apply in relation to income to which section 804C below applies.
- (5) In subsection (4) the references—
- (a) to income chargeable under Chapter 15 of Part 3 of CTA 2009, and
- (b) to income chargeable under Chapter 9 of Part 4 of CTA 2009,
do not include income that would, but for the repeal by CTA 2009 of section 103 above, have been chargeable to corporation tax under that section.
##### 798B
- (1) Where—
- (a) a credit for foreign tax arises in connection with an asset, and
- (b) the asset is in a hedging relationship with a derivative contract,
in the application of section 798A(2) the reference to the income arising out of the asset shall be taken as a reference to the income arising out of the asset and the derivative contract taken together (but taking account of the income or loss from the derivative contract only in so far as reasonably attributable to the hedging relationship).
- (2) For the purposes of subsection (1)(b) an asset is in a hedging relationship with a derivative contract if—
- (a) the asset is acquired as a hedge of risk in connection with the contract, or
- (b) the contract is entered into as a hedge of risk in connection with the asset;
and if an asset or a contract is wholly or partly designated as a hedge for the purposes of a person's accounts, that shall be conclusive for the purpose of this subsection.
- (3) Where royalties (as defined in arrangements having effect by virtue of section 788) are paid in respect of an asset in more than one jurisdiction outside the United Kingdom, for the purposes of section 798A(2)—
- (a) royalty income arising in more than one jurisdiction (other than the United Kingdom) in a year of assessment in respect of that asset shall be treated as income arising from a single transaction, arrangement or asset, and
- (b) credits available for foreign tax in respect of the royalty income shall be aggregated accordingly.
- (4) If a person (“A”) carrying on a trade giving rise to trade income enters into a scheme or arrangement with another person (“B”) a main purpose of which is to alter the effect of section 798A in relation to A, income received in pursuance of the scheme or arrangement shall be treated for the purposes of section 798A as trade income of B (and not as income of A).
- (5) Where—
- (a) transactions, arrangements or assets are treated by a taxpayer as a series or group (the “portfolio”),
- (b) a number of credits for foreign tax arise in respect of the portfolio, and
- (c) either—
- (i) it is not reasonably practicable to prepare a separate computation of income or gain for the purposes of section 798A(2) in respect of each transaction, arrangement or asset, or
- (ii) a separate computation of income or gain in respect of each transaction, arrangement or asset for the purposes of section 798A(2) would not, compared with an aggregated computation, make a material difference to the amount of credit for foreign tax which is allowable,
the income or gains arising from the portfolio, or part of the portfolio, may be aggregated and apportioned for the purposes of section 798A(2) in a fair and reasonable manner.
##### 798C
- (1) This section applies where the application of section 796(1) or 797(1) prevents an amount of credit for foreign tax from being allowable against income tax or corporation tax.
- (2) The taxpayer's income shall be treated as reduced by the amount of disallowed credit.
- (3) Subsection (2) applies only in so far as the amount of disallowed credit does not exceed the amount of any loss attributable to the income or gain in respect of which the foreign tax was paid.
- (4) For the purpose of subsection (3), payment of the foreign tax is to be taken into account despite section 795(2).
##### 801A
- (1) This section applies where—
- (a) a company (“*the claimant company*”) makes a claim for an allowance by way of credit in accordance with this Part;
- (b) the claim relates to underlying tax on a dividend paid to that company by a company resident outside the United Kingdom (“*the overseas company*”);
- (c) that underlying tax is or includes an amount in respect of tax (“*the high rate tax*”) payable by—
- (i) the overseas company, or
- (ii) such a third, fourth or successive company as is mentioned in section 801,
at a rate in excess of the relievable rate; and
- (d) the whole or any part of the amount in respect of the high rate tax which is or is included in the underlying tax would not be, or be included in, that underlying tax but for the existence of, or for there having been, an avoidance scheme.
- (2) Where this section applies, the amount of the credit to which the claimant company is entitled on the claim shall be determined as if the high rate tax had been tax at the relievable rate, instead of at a rate in excess of that rate.
- (3) For the purposes of this section tax shall be taken to be payable at a rate in excess of the relievable rate if, and to the extent that, the amount of that tax exceeds the amount that would represent tax on the relevant profits at the relievable rate.
- (4) In subsection (3) above “*the relevant profits*”, in relation to any tax, means the profits of the overseas company or, as the case may be, of the third, fourth or successive company which, for the purposes of this Part, are taken to bear that tax.
- (5) In this section “*the relievable rate*” means the rate of corporation tax in force when the dividend mentioned in subsection (1)(b) above was paid.
- (6) In this section “*an avoidance scheme*” means any scheme or arrangement which—
- (a) falls within subsection (7) below; and
- (b) is a scheme or arrangement the purpose, or one of the main purposes, of which is to have an amount of underlying tax taken into account on a claim for an allowance by way of credit in accordance with this Part.
- (7) A scheme or arrangement falls within this subsection if the parties to it include both—
- (a) the claimant company, a company related to that company or a person connected with the claimant company; and
- (b) a person who was not under the control of the claimant company at any time before the doing of anything as part of, or in pursuance of, the scheme or arrangement.
- (8) In this section “*arrangement*” means an arrangement of any kind, whether in writing or not.
- (9) For the purposes of this section, whether a person is connected with another is determined in accordance with section 839.
- (10) Subsection (5) of section 801 (meaning of “*related company*”) shall apply for the purposes of this section as it applies for the purposes of that section.
- (11) For the purposes of this section a person who is a party to a scheme or arrangement shall be taken to have been under the control of the claimant company at all the following times, namely—
- (a) any time when that company would have been taken (in accordance with section 416) to have had control of that person for the purposes of Part XI;
- (b) any time when that company would have been so taken if that section applied (with the necessary modifications) in the case of partnerships and unincorporated associations as it applies in the case of companies; and
- (c) any time when that person acted in relation to that scheme or arrangement, or any proposal for it, either directly or indirectly under the direction of that company.
##### 801B
- (1) This section applies where—
- (a) a company (“*company A*”) resident outside the United Kingdom has paid tax under the law of a territory outside the United Kingdom in respect of any of its profits;
- (b) some or all of those profits become profits of another company resident outside the United Kingdom (“*company B*”) otherwise than by virtue of the payment of a dividend to company B; and
- (c) company B pays a dividend out of those profits to another company (“*company C*”), wherever resident.
- (2) Where this section applies, this Part shall have effect, so far as relating to the determination of underlying tax in relation to any dividend paid—
- (a) by any company resident outside the United Kingdom (whether or not company B),
- (b) to a company resident in the United Kingdom,
as if company B had paid the tax paid by company A in respect of those profits of company A which have become profits of company B as mentioned in subsection (1)(b) above.
- (3) But the amount of relief under this Part which is allowable to a company resident in the United Kingdom shall not exceed the amount which would have been allowable to that company had those profits become profits of company B by virtue of the payment of a dividend by company A to company B.
##### 801C
- (1) This section applies in any case where—
- (a) by virtue only of section 748(1)(a), no apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company; and
- (b) one or more of the dividends paid by the controlled foreign company by virtue of which the condition in paragraph (a) above is satisfied are dividends falling within subsection (2) below.
- (2) A dividend falls within this subsection if, for the purposes of Part I of Schedule 25, the whole or any part of it falls to be treated by virtue of paragraph 4 of that Schedule as paid by the controlled foreign company to a United Kingdom resident.
- (3) If, in a case where this section applies,—
- (a) an initial dividend is paid to a company resident outside the United Kingdom, and
- (b) that company, or any other company which is related to it, pays an intermediate dividend which for the purposes of paragraph 4 of Schedule 25 to any extent represents that initial dividend,
subsection (4) below shall have effect in relation to the UK recipient concerned.
- (4) Where this subsection has effect, it shall be assumed for the purposes of allowing credit relief under this Part to that UK recipient—
- (a) that, instead of the intermediate dividend, the dividends described in subsection (5) below had been paid and the circumstances had been as described in subsection (6) or (7) below, as the case may be; and
- (b) that any tax paid under the law of any territory in respect of the intermediate dividend, or which is underlying tax in relation to that dividend, had instead fallen to be borne accordingly (taking account of any reduction falling to be made under section 799(2)).
- (5) The dividends mentioned in subsection (4)(a) above are—
- (a) as respects each of the initial dividends which are, for the purposes of paragraph 4 of Schedule 25, to any extent represented by the intermediate dividend, a separate dividend (an “*ADP dividend*”) representing, and of an amount equal to, so much of that initial dividend as is for those purposes represented by the intermediate dividend; and
- (b) a further separate dividend (a “*residual dividend*”) representing, and of an amount equal to, the remainder (if any) of the intermediate dividend.
- (6) As respects each of the ADP dividends, the intermediate company is to be treated as if it were a separate company whose distributable profits are of a constitution corresponding to, and an amount equal to, that of the ADP dividend.
- (7) As respects the residual dividend (if any), the relevant profits out of which it is to be regarded for the purposes of section 799(1) as paid by the intermediate company are, in consequence of subsection (6) above, to be treated as being of such constitution and amount as remains after excluding accordingly so much of those relevant profits as constitute the whole or any part of the distributable profits out of which the ADP dividends are paid.
- (8) If, in a case where this section applies, an intermediate company also pays a dividend which is not an intermediate dividend (an “*independent dividend*”) and either—
- (a) that dividend is paid to a United Kingdom resident, or
- (b) if it is not so paid, a dividend which to any extent represents it is paid by a company which is related to that company and resident outside the United Kingdom to a United Kingdom resident,
subsection (9) below shall have effect in relation to the United Kingdom resident.
- (9) Where this subsection has effect, it shall be assumed for the purposes of allowing credit relief under this Part to the United Kingdom resident—
- (a) that the relevant profits out of which the independent dividend is to be regarded for the purposes of section 799(1) as paid by the intermediate company are, in consequence of subsection (6) above, to be treated as being of such constitution and amount as remains after excluding so much of those relevant profits as constitute the whole or any part of the distributable profits out of which the ADP dividends are paid; and
- (b) that any tax paid under the law of any territory in respect of the independent dividend, or which is underlying tax in relation to that dividend, had instead fallen to be borne accordingly (taking account of any reduction falling to be made under section 799(2)).
- (10) For the purposes of this section—
- (a) a controlled foreign company is an “ADP controlled foreign company" as respects any of its accounting periods if the condition in paragraph (a) of subsection (1) above is satisfied as respects that accounting period;
- (b) an “initial dividend" (subject to subsection (14) below) is any of the dividends mentioned in paragraph (b) of subsection (1) above paid by an ADP controlled foreign company; and
- (c) a “*subsequent dividend*” is any dividend which, in relation to one or more initial dividends, is the subsequent dividend for the purposes of paragraph 4 of Schedule 25.
- (11) In this section—
- “*distributable profits*” means a company’s profits available for distribution, determined in accordance with section 799(6);
- “*intermediate company*” means any company resident outside the United Kingdom which pays an intermediate dividend;
- “*intermediate dividend*” means any dividend which is paid by a company resident outside the United Kingdom and which—for the purposes of paragraph 4 of Schedule 25, to any extent represents one or more initial dividends paid by other companies; andeither is the subsequent dividend in the case of those initial dividends or is itself to any extent represented for those purposes by a subsequent dividend;
- “*the UK recipient*” means the United Kingdom resident to whom a subsequent dividend is paid.
- (12) Where—
- (a) one company pays a dividend (“*dividend A*”) to another company, and
- (b) that other company, or a company which is related to it, pays a dividend (“*dividend B*”) to another company,
then, for the purposes of this section, dividend B represents dividend A, and dividend A is represented by dividend B, to the extent that dividend B is paid out of profits which are derived, directly or indirectly, from the whole or part of dividend A.
- (13) Sub-paragraph (2) of paragraph 4 of Schedule 25 (related companies) shall apply for the purposes of this section as it applies for the purposes of that paragraph.
- (14) Where an intermediate company which is an ADP controlled foreign company pays a dividend—
- (a) by virtue of which (whether taken alone or with other dividends) the condition in subsection (1)(a) above is satisfied as regards an accounting period of the company, but
- (b) which also for the purposes of paragraph 4 of Schedule 25 to any extent represents one or more initial dividends paid by other ADP controlled foreign companies,
the dividend shall not be regarded for the purposes of this section as an initial dividend paid by the company, to the extent that it so represents initial dividends paid by other ADP controlled foreign companies.
##### 803A
- (1) This section applies in any case where, under the law of a territory outside the United Kingdom, tax is payable by any one company resident in that territory (“*the responsible company*”) in respect of the aggregate profits, or aggregate profits and aggregate gains, of that company and one or more other companies so resident, taken together as a single taxable entity.
- (1A) Where—
- (a) a company is (within the meaning of section 801) an ADP controlled foreign company as respects any of its accounting periods, and
- (b) the whole or any part of the profits or gains of that accounting period are included in the aggregate profits, or aggregate profits or gains, mentioned in subsection (1) above,
subsection (2) below shall have effect as if the companies mentioned in subsection (1) above did not include that company.
- (2) Where this section applies, this Part shall have effect, so far as relating to the determination of underlying tax in relation to any dividend paid by any of the companies mentioned in subsection (1) above (the “*non-resident companies*”) to another company (“*the recipient company*”), as if—
- (a) the non-resident companies, taken together, were a single company,
- (b) anything done by or in relation to any of the non-resident companies (including the payment of the dividend) were done by or in relation to that single company, and
- (c) that single company were related to the recipient company, if that one of the non-resident companies which actually pays the dividend is related to the recipient company,
(so that, in particular, the relevant profits for the purposes of section 799(1) is a single aggregate figure in respect of that single company and the foreign tax paid by the responsible company is foreign tax paid by that single company).
- (3) For the purposes of this section a company is related to another company if that other company—
- (a) controls directly or indirectly, or
- (b) is a subsidiary of a company which controls directly or indirectly,
not less than 10 per cent. of the voting power in the first-mentioned company.
##### 804ZA
- (1) If the Board consider, on reasonable grounds, that conditions A to D are or may be satisfied in relation to any income or chargeable gain taken or to be taken into account for the purposes of determining a person's liability to tax in a chargeable period, they may give the person a notice under this section.
- (2) Condition A is that, in the case of the person, there is in respect of the income or gain an amount of foreign tax for which, under any arrangements, credit is allowable against United Kingdom tax for that chargeable period.
- (3) Condition B is that there is a scheme or arrangement the main purpose, or one of the main purposes, of which is to cause an amount of foreign tax to be taken into account in the case of the person for that chargeable period.
- (4) Condition C is that the scheme or arrangement is a prescribed scheme or arrangement.
- (5) Condition D is that the amount referred to in subsection (6) is more than a minimal amount.
- (6) The amount is the aggregate of—
- (a) the aggregate amount of the claims for credit that the person has made, or is in a position to make, for the chargeable period; and
- (b) for all the persons connected to that person, the aggregate amount of the claims for credit that the connected person has made, or is in a position to make, for a corresponding chargeable period.
- (7) A chargeable period of a person (“A”) corresponds to a chargeable period of another person (“B”) if at least one day of A's chargeable period falls within B's chargeable period.
- (8) A notice under this section is a notice—
- (a) informing the person of the Board's view under subsection (1),
- (b) specifying the chargeable period in relation to which the Board formed that view,
- (c) if the amount of foreign tax considered by the Board to satisfy condition B is an amount of underlying tax, specifying the body corporate . . . whose payment of foreign tax is relevant to that underlying tax, and
- (d) informing the person that as a consequence section 804ZB has effect in relation to him.
- (9) A notice under this section may specify the adjustments of a person's tax return that, in the view of the Board, fall to be made by him under section 804ZB(2).
- (10) The adjustments specified may, in a case where the notice given to a person specifies a body corporate resident outside the United Kingdom, include treating the body corporate as having paid or being liable to pay only so much foreign tax as would have been allowed to it as a credit if it were resident in the United Kingdom and a notice under this section had been given to it as regards an amount of foreign tax.
- (11) Schedule 28AB makes provision about what constitutes a prescribed scheme or arrangement.
- (11A) In this section “*foreign tax*” includes any tax which for the purpose of allowing credit under any arrangements against corporation tax is treated by section 801 as if it were tax payable under the law of any territory outside the United Kingdom.
- (12) In this section and sections 804ZB and 804ZC “*tax return*” means—
- (a) a return under section 8, 8A or 12AA of the Management Act, or
- (b) a company tax return;
and “*company tax return*” means the return required to be delivered pursuant to a notice under paragraph 3 of Schedule 18 to the Finance Act 1998, as read with paragraph 4 of that Schedule.
##### 804ZB
- (1) This section applies in relation to a person if—
- (a) a notice under section 804ZA has been given to the person in respect of a chargeable period specified in the notice, and
- (b) the chargeable period specified is a chargeable period in relation to which conditions A to D of section 804ZA are satisfied.
- (2) The person must in his tax return for the period make (or must amend his return for the period so as to make) such adjustments as are necessary for counteracting the effects of the scheme or arrangement in that period that are referable to the purpose referred to in condition B of section 804ZA.
##### 804ZC
- (1) Subsection (2) applies if the Board give a notice to a person under section 804ZA before the person has made his tax return for the chargeable period specified in the notice.
- (2) If the person makes a tax return for that period before the end of the period of 90 days beginning with the day on which the notice is given, he may—
- (a) make a tax return that disregards the notice, and
- (b) at any time after making the return and before the end of the period of 90 days, amend the return for the purpose of complying with the notice.
- (3) If a person has made a tax return for a chargeable period, the Board may only give him a notice under section 804ZA in relation to that period if a notice of enquiry has been given to him in respect of his tax return for that period.
- (4) After any enquiries into the person's tax return for that period have been completed, the Board may only give him a notice under section 804ZA in relation to that period if the requirements in subsections (5) and (7) are satisfied.
- (5) The first requirement is that at the time the enquiries were completed, the Board could not have been reasonably expected, on the basis of the information made available to them or to an officer of theirs before that time, to have been aware that the circumstances were such that a notice under section 804ZA could have been given to the person in relation to that period.
- (6) For the purposes of subsection (5)—
- (a) section 29(6) and (7) of the Management Act (information made available) applies as it applies for the purposes of section 29(5), and
- (b) paragraph 44(2) and (3) of Schedule 18 to the Finance Act 1998 applies as it applies for the purposes of paragraph 44(1).
- (7) The second requirement is that—
- (a) the person was requested to produce, provide or furnish information during an enquiry into the return for that period, and
- (b) if the person had duly complied with the request, the Board could have been reasonably expected to give the person a notice under section 804ZA in relation to that period.
- (8) If a person is given a notice under section 804ZA in relation to a chargeable period after having made a tax return for that period, the person may amend the return for the purpose of complying with the notice at any time before the end of the period of 90 days beginning with the day on which the notice is given.
- (9) If the notice under section 804ZA is given to the person after he has been given a notice of enquiry in respect of his tax return for the period, no closure notice may be given in relation to his tax return until—
- (a) the end of the period of 90 days beginning with the day on which the notice under section 804ZA is given, or
- (b) the earlier amendment of the return for the purpose of complying with the notice.
- (10) If the notice under section 804ZA is given to the person after any enquiries into the return for the period are completed, no discovery assessment may be made as regards the income or chargeable gain to which the notice relates until—
- (a) the end of the period of 90 days beginning with the day on which the notice under section 804ZA is given, or
- (b) the earlier amendment of the return for the purpose of complying with the notice.
- (11) Subsections (2)(b) and (8) do not prevent a person's tax return for a chargeable period becoming incorrect if—
- (a) a notice under section 804ZA is given to the person in relation to that period,
- (b) the return is not amended in accordance with subsection (2)(b) or (8) for the purpose of complying with the notice, and
- (c) the return ought to have been so amended.
- (12) In this section—
- “*closure notice*” means a notice under—section 28A or 28B of the Management Act, orparagraph 32 of Schedule 18 to the Finance Act 1998;
- “*discovery assessment*” means an assessment under—section 29 of the Management Act, orparagraph 41 of Schedule 18 to the Finance Act 1998;
- “*notice of enquiry*” means a notice under—section 9A or 12AC of the Management Act, orparagraph 24 of Schedule 18 to the Finance Act 1998.
##### 804A
- (1) Subsection (2) below applies where credit for tax—
- (a) which is payable under the laws of a territory outside the United Kingdom in respect of insurance business carried on by a company through a permanent establishment in that territory, and
- (b) which is computed otherwise than wholly by reference to profits arising in that territory,
is to be allowed (in accordance with this Part) against corporation tax charged under section 35 of CTA 2009 (charge on trade profits) or section 436A in respect of the profits, computed in accordance with the provisions applicable for the purposes of section 35 of CTA 2009, of life assurance business or gross roll-up business carried on by the company in an accounting period (in this section referred to as “*the relevant profits*”).
- (1A) For the purposes of paragraph (b) of subsection (1) above, the cases where tax payable under the laws of a territory outside the United Kingdom is “*computed otherwise than wholly by reference to profits arising in that territory*” are those cases where the charge to tax in that territory falls within subsection (1B) below.
- (1B) A charge to tax falls within this subsection if it is such a charge made otherwise than by reference to profits as (by disallowing their deduction in computing the amount chargeable) to require sums payable and other liabilities arising under policies to be treated as sums or liabilities falling to be met out of amounts subject to tax in the hands of the company.
- (2) Where this subsection applies, the amount of the credit shall not exceed the greater of—
- (a) any such part of the tax payable under the laws of the territory outside the United Kingdom as is charged by reference to profits arising in that territory, and
- (b) the shareholders’ share of the tax so payable.
- (3) For the purposes of subsection (2) above the shareholders’ share of tax payable under the laws of a territory outside the United Kingdom is so much of that tax as is represented by the fraction
$$AB$where— A is an amount equal to the amount of the relevant profits before making any deduction authorised by subsection (5) below; andB is an amount equal to the excess of—$
- (a) the amount taken into account as receipts of the company in computing those profits, apart from premiums and sums received by virtue of a claim under a reinsurance contract, over
- (b) the amounts taken into account as expenses . . . in computing those profits.
- (4) Where there is no such excess as is mentioned in subsection (3) above, or where the profits are greater than any excess, the whole of the tax payable under the laws of the territory outside the United Kingdom shall be the shareholders’ share; and (subject to that) where there are no profits, none of it shall be the shareholders’ share.
- (5) Where, by virtue of this section, the credit for any tax payable under the laws of a territory outside the United Kingdom is less than it otherwise would be, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the relevant profits.
##### 804B
- (1) Where—
- (a) an insurance company carries on more than one category of long-term business in an accounting period, and
- (b) there arises to the company in that period any income or gain (“*the relevant income*”) in respect of which credit for foreign tax falls to be allowed under any arrangements,
subsection (2) below shall have effect.
- (2) In any such case, the amount of the credit for foreign tax which, under the arrangements, is allowable against corporation tax in respect of so much of the relevant income as is referable (in accordance with the provisions of sections 432ZA to 432E . . . ) to a particular category of business must not exceed the fraction of the foreign tax which, in accordance with the following provisions of this section, is attributable to that category of business.
- (3) Where the relevant income arises from an asset which is linked solely to a category of business, the whole of the foreign tax is attributable to that category of business, unless the case is one where subsection (7) below applies.
- (3A) Where the relevant income arises from foreign business assets, the whole of the foreign tax is attributable to gross roll-up business, unless the case is one where subsection (7) below applies.
- (4) Where subsection (3) above does not apply and the category of business in question is—
- (a) basic life assurance and general annuity business, or
- (b) PHI business,
the fraction of the foreign tax that is attributable to that category of business is the fraction whose numerator is the part of the relevant income which is referable to that category by virtue of any provision of section 432A . . . and whose denominator is the whole of the relevant income.
- (5) Subsections (6) and (7) below apply where the category of business in question is gross roll-up business.
- (6) Where—
- (a) expenses of management are not referable to an accounting period by virtue of subsections (2) to (5) above, but
- (b) accounts are drawn up by the company for a period of account, and
- (c) if the expenses of management had been treated in those accounts in accordance with generally accepted accounting practice, they would fall to be debited in those accounts,
the expenses of management are referable to the accounting period to which they would have been referable in accordance with subsections (2) to (5) above if they had been so debited in those accounts.
- (7) Where expenses of management are not referable to an accounting period by virtue of subsections (2) to (6) above, they are referable to the accounting period to which they would be referable in accordance with subsections (2) to (5) above on the assumptions in subsection (8) below.
- (8) Those assumptions are—
- (a) that for each accounting period that does not coincide with, or fall within, any period of account, there is a period of account that coincides with that accounting period, and
- (b) that so much of the expenses of management as would fall to be debited in accordance with generally accepted accounting practice in accounts drawn up by the company for any such deemed period of account are so debited.
- (9) This section is without prejudice to any other provision of the Corporation Tax Acts which provides for amounts to be treated for the purposes of section 75 as expenses of management referable to an accounting period.
- (10) Any reference in this section to expenses of management being debited in accounts is a reference to those expenses being brought into account, in accordance with generally accepted accounting practice, as a debit—
- (a) in the company’s profit and loss account or income statement, or
- (b) in a statement of total recognised gains and losses , statement of changes in equity or other statement of items brought into account in computing the company’s profits and losses for accounting purposes.
For this purpose “*debit*” means an amount which for accounting purposes reduces a profit, or increases a loss, for a period of account.
#### Restrictions on relief
##### 75B
- (1) This section applies in any case where the following conditions are satisfied—
- (a) a credit is brought into account by a company in a period of account (the “reversal period”) which ends on or after the commencement date,
- (b) the credit reverses (in whole or in part) a debit brought into account in a previous period of account of the company (whenever ending),
- (c) the debit (in whole or in part) represents expenses of management deductible under section 75(1) for an accounting period of the company (“the period of deductibility”),
- (d) the expenses of management were so deductible for that period otherwise than by virtue of section 75(9) (carry forward of unrelieved excess),
- (e) the period of deductibility ends before, or at the same time as, the reversal period,
- (f) the reversal period does not coincide with an accounting period beginning before the commencement date.
- (2) In any such case, subsection (4) or (5) below (as the case may be) shall apply in relation to the reversal amount.
- (3) In this section “*the reversal amount*” means so much of the credit as—
- (a) reverses so much of the debit as represents the expenses of management, and
- (b) does not represent sums otherwise taken into account in determining for the purposes of corporation tax the profits and losses of the company for the relevant accounting period or any earlier accounting period.
For this purpose the relevant accounting period is the latest accounting period of the company that falls wholly or partly within the reversal period.
- (4) If the reversal period coincides with an accounting period of the company beginning on or after the commencement date, the reversal amount shall be dealt with for that period in accordance with subsection (7) below.
- (5) If the reversal period does not coincide with an accounting period of the company—
- (a) the reversal amount shall be apportioned between any accounting periods that fall within the reversal period, and
- (b) any amount so apportioned to an accounting period beginning on or after the commencement date shall be dealt with for that period in accordance with subsection (7) below.
- (6) An apportionment under subsection (5) above shall be in accordance with section 834(4) (time basis) unless it appears that that method would work unreasonably or unjustly, in which case such other method shall be used as appears just and reasonable.
- (7) Where an amount falls to be dealt with in accordance with this subsection for an accounting period—
- (a) it shall, so far as possible, be applied in reducing or further reducing (but not below nil) the company’s expenses of management deductible for that period otherwise than by virtue of section 75(9) (carry forward of unrelieved excess), and
- (b) so much of the amount as cannot be so applied shall be regarded as income of the company chargeable under Case VI of Schedule D for that accounting period.
- (8) In subsection (1) above “*brought into account*”, in relation to a period of account of a company, means brought into account in accordance with generally accepted accounting practice in determining, for accounting purposes, profit and loss for that period of account.
- (9) If (apart from this subsection) an accounting period does not coincide with, or fall within, any period of account, it shall be assumed for the purposes of this section that there is a period of account of the company that coincides with that accounting period.
- (10) It shall be assumed for the purposes of this section that, in determining for accounting purposes profit and loss for any period of account of any company, amounts fall to be brought into account in accordance with generally accepted accounting practice.
- (11) For the purposes of this section a credit reverses a debit in whole or in part in any case where the sum represented in whole or in part by the debit is paid and then in whole or in part repaid (as well as in a case where the sum represented by the debit is never paid).
- (12) In this section—
- “*the commencement date*” means 1st April 2004;
- “*credit*” means an amount which for accounting purposes increases or creates a profit, or reduces a loss, for a period of account;
- “*debit*” means an amount which for accounting purposes reduces a profit, or increases or creates a loss, for a period of account.
#### Appeals against determinations under sections 34 to 36 or Chapter 4 of Part 3 of ITTOIA 2005.
##### 76A
- (1) In computing the amount of the profits to be charged to corporation tax under Case I of Schedule D arising from a trade carried on by an authorised person (other than an investment company)—
- (a) to the extent that it would not be deductible apart from this section, any sum expended by the authorised person in paying a levy may be deducted as an allowable expense;
- (b) any payment which is made to the authorised person as a result of a repayment provision is to be treated as a trading receipt.
- (2) “Levy” means—
- (a) a payment required under rules made under section 136(2) of the Financial Services and Markets Act 2000 (“the Act of 2000”);
- (b) a levy imposed under the Financial Services Compensation Scheme;
- (c) a payment required under rules made under section 234 of the Act of 2000;
- (d) a payment required under scheme rules in accordance with paragraph 15(1) of Schedule 17 to the Act of 2000;
- (e) a payment required in accordance with the standard terms fixed under paragraph 18 of Schedule 17 to the Act of 2000 other than an award which is not an award of costs under cost rules.
- (3) “Repayment provision” means—
- (a) any provision made by virtue of section 136(7) or 214(1)(e) of the Act of 2000;
- (b) any provision by scheme rules for fees to be refunded in specified circumstances.
- (4) “*Authorised person*” has the same meaning as in the Act of 2000.
- (5) “Scheme rules” means the rules referred to in paragraph 14(1) of Schedule 17 to the Act of 2000.
- (6) “Costs rules” means—
- (a) rules made under section 230 of the Act of 2000;
- (b) provision relating to costs contained in the standard terms fixed under paragraph 18 of Schedule 17 to the Act of 2000.
##### 76B
- (1) For the purposes of section 75 any sums paid by a company with investment business—
- (a) by way of a levy, or
- (b) as a result of an award of costs under costs rules,
shall be treated as part of its expenses of management.
- (2) For the purposes of corporation tax, if a payment is made to a company with investment business as a result of a repayment provision, the company shall be charged to tax under Case VI of Schedule D on the amount of that payment.
- (3) “*Levy*” has the meaning given in section 76A(2).
- (4) “Costs rules” has the meaning given in section 76A(6).
- (5) “*Repayment provision*” has the meaning given in section 76A(3).
#### Deep discount securities.
##### 79A
- (1) Notwithstanding anything in section 74, but subject to the provisions of this section, where a company carrying on a trade or profession makes any contribution (whether in cash or in kind) to a training and enterprise council, business link organisation or a local enterprise company, any expenditure incurred by the company in making the contribution may be deducted as an expense in computing the profits of the trade or profession for the purposes of corporation tax if it would not otherwise be so deductible.
- (2) Where any such contribution is made by a company with investment business any expenditure allowable as a deduction under subsection (1) above shall for the purposes of section 75 be treated as expenses of management.
- (2A) Where any such contribution is made by a company in relation to which section 76 applies (expenses of insurance companies) any expenditure allowable as a deduction under subsection (1) above shall for the purposes of that section be treated as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section.
- (3) Subsection (1) above does not apply in relation to a contribution made by any company if either the company or any person connected with the company receives or is entitled to receive a benefit of any kind whatsoever for or in connection with the making of that contribution, whether from the council, organisation or company concerned or from any other person.
- (4) In any case where—
- (a) relief has been given under subsection (1) above in respect of a contribution made by a company, and
- (b) any benefit received in any accounting period by the company or any person connected with the company is in any way attributable to that contribution,
the company shall in respect of that accounting period be charged to corporation tax under Case I or Case II of Schedule D, or if the company is not chargeable to corporation tax under either of those Cases for that period under Case VI of Schedule D, on an amount equal to the value of that benefit.
- (5) In this section—
- (aa) “*business link organisation*” means any person authorised by or on behalf of the Secretary of State to use a service mark (within the meaning of the Trade Marks (Amendment) Act 1984) designated by the Secretary of State for the purposes of this paragraph
- (a) “*training and enterprise council*” means a body with which the Secretary of State has made an agreement (not being one which has terminated) under which it is agreed that the body shall carry out the functions of a training and enterprise council, and
- (b) “*local enterprise company*” means a company with which an agreement (not being one which has terminated) under which it is agreed that the company shall carry out the functions of a local enterprise company has been made by . . . Scottish Enterprise or Highlands and Islands Enterprise.
- (6) Section 839 applies for the purposes of subsections (3) and (4) above.
- (7) This section applies to contributions made on or after 1st April 1990 or, in the case of a contribution to a business link organisation, 30th November 1993. . . .
##### 79B
- (1) Notwithstanding anything in section 74, but subject to the provisions of this section, where a company carrying on a trade or profession makes any contribution (whether in cash or in kind) to a designated urban regeneration company, any expenditure incurred by the company in making the contribution may be deducted as an expense in computing the profits of the trade or professionfor the purposes of corporation tax if it would not otherwise be so deductible.
- (2) Where any such contribution is made by a company with investment business, any expenditure allowable as a deduction under subsection (1) above shall for the purposes of section 75 be treated as expenses of management.
- (2A) Where any such contribution is made by a company in relation to which section 76 applies (expenses of insurance companies) any expenditure allowable as a deduction under subsection (1) above shall for the purposes of that section be treated as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section.
- (3) Subsection (1) above does not apply in relation to a contribution made by any company if either the company or any person connected with the company receives or is entitled to receive a benefit of any kind whatsoever for or in connection with the making of that contribution, whether from the urban regeneration company concerned or from any other person.
- (4) In any case where—
- (a) relief has been given under subsection (1) above in respect of a contribution made by a company, and
- (b) any benefit received in any accounting period by the company or any person connected with the company is in any way attributable to that contribution,
the company shall in respect of that accounting period be charged to corporation tax under Case I or Case II of Schedule D or, if the company is not chargeable to corporation tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.
- (5) In this section “*urban regeneration company*” means any body of persons (whether corporate or unincorporate) which the Treasury by order designates as an urban regeneration company for the purposes of this section.
- (6) The Treasury may only make an order under subsection (5) above designating a body as an urban regeneration company for the purposes of this section if they consider that each of the criteria in subsection (7) below is satisfied in the case of the body.
- (7) The criteria are that—
- (a) the sole or main function of the body is to co-ordinate the regeneration of a specific urban area in the United Kingdom;
- (b) the body is expected to seek to perform that function by creating a plan for the development of that area and endeavouring to secure that the plan is carried into effect;
- (c) in co-ordinating the regeneration of that area, the body is expected to work together with some or all of the public or local authorities which exercise functions in relation to the whole or part of that area.
- (8) An order under subsection (5) above may be framed so as to take effect on a date earlier than the making of the order, but not earlier than—
- (a) 1st April 2003, in the case of the first order under that subsection, or
- (b) three months before the date on which the order is made, in the case of any subsequent order.
- (9) Section 839 (connected persons) applies for the purposes of this section.
- (10) This section applies to contributions made on or after 1st April 2003.
##### 82A
- (1) Notwithstanding anything in section 74, where a company carrying on a trade incurs expenditure not of a capital nature on research and development—
- (a) related to that trade, and
- (b) directly undertaken by the company or on the company's behalf,
the expenditure incurred may be deducted as an expense in computing the profits of the trade for the purposes of corporation tax.
- (2) For this purpose expenditure on research and development does not include expenditure incurred in the acquisition of rights in, or arising out of, research and development.
Subject to that, it includes all expenditure incurred in carrying out, or providing facilities for carrying out, research and development.
- (3) The reference in subsection (1) above to research and development related to a trade includes—
- (a) research and development which may lead to or facilitate an extension of that trade;
- (b) research and development of a medical nature which has a special relation to the welfare of workers employed in that trade.
- (4) The same expenditure may not be taken into account under this section in relation to more than one trade.
- (5) In this section “*research and development*” has the meaning given by section 837A and includes oil and gas exploration and appraisal.
##### 82B
- (1) Notwithstanding anything in section 74, where a company carrying on a trade—
- (a) pays any sum to an Association in the case of which exemption may be claimed under section 508 and which has as its object the undertaking of research and development which may lead to or facilitate an extension of the class of trade to which the trade carried on by the company belongs, or
- (b) pays any sum to be used for scientific research related to that class of trade to any such university, college research institute or other similar institution as is for the time being approved for the purposes of this section by the Secretary of State,
the sum paid may be deducted as an expense in computing the profits of the trade for the purposes of corporation tax.
- (2) In this section “*scientific research*” means any activities in the fields of natural or applied science for the extension of knowledge.
- (3) The reference in subsection (1)(b) above to scientific research related to a class of trade includes—
- (a) scientific research which may lead to or facilitate an extension of trades of that class;
- (b) scientific research of a medical nature which has a special relation to the welfare of workers employed in trades of that class.
- (4) If a question arises under this section whether, or to what extent, any activities constitute or constituted scientific research, the Board shall refer the question for decision to the Secretary of State.
The decision of the Secretary of State is final.
- (5) The same expenditure may not be taken into account under this section in relation to more than one trade.
##### 83A
- (1) This section applies where a company carrying on a trade or profession gives an article falling within subsection (2) below to—
- (a) a charity within the meaning of section 506, or
- (b) a body listed in section 507(1).
- (2) An article falls within this subsection if—
- (a) it is an article manufactured, or of a class or description sold, by the company in the course of its trade; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to subsection (4) below, where this section applies in the case of the gift of an article—
- (a) no amount shall be required, in consequence of the the company's disposal of that article from trading stock, to be brought into account for corporation tax purposes as a trading receipt of the company; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In any case where—
- (a) relief is given under subsection (3) above or section 63(2) of the Capital Allowances Act in respect of the gift of an article made by a company, and
- (b) any benefit received in any accounting period by the company or any person connected with the company is in any way attributable to the making of that gift,
the company shall in respect of that accounting period be charged to corporation tax under Case I or Case II of Schedule D or, if the company is not chargeable to corporation tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.
- (5) Section 839 applies for the purposes of this section.
##### 84A
- (1) Subsection (2) below applies where—
- (a) a company incurs expenditure on establishing a share option scheme which the Board approve and under which no employee or director obtains rights before such approval is given, or
- (b) a company incurs expenditure on establishing a profit sharing scheme which the Board approve and under which the trustees acquire no shares before such approval is given.
- (2) In such a case the expenditure—
- (a) shall be deducted in computing for the purposes of Schedule D or Part 2 of ITTOIA 2005 the profits of a trade carried on by the company, or
- (b) if the company is one with investment business, shall be treated as expenses of management deductible under section 75 to the extent that it otherwise would not be, or
- (c) if the company is one in relation to which section 76 applies, shall be treated for the purposes of that section as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section to the extent that it otherwise would not be.
- (3) In a case where—
- (a) subsection (2) above applies, and
- (b) the approval is given after the end of the period of nine months beginning with the day following the end of the period of account in which the expenditure is incurred,
for the purpose of applying subsection (2) above the expenditure shall be treated in accordance with subsection (3ZA) below.
- (3ZA) Where this subsection applies—
- (a) in applying subsection (2)(a) above, the expenditure shall be treated as incurred in the period of account in which the approval is given (and not the period of account mentioned in subsection (3)(b) above),
- (b) in applying subsection (2)(b) or (c) above, the expenditure shall be treated as referable to the accounting period in which the approval is given.
- (3A) In this section, “*share option scheme*” means—
- (a) an SAYE option scheme within the meaning of the SAYE code (see section 516(4) of ITEPA 2003 (approved SAYE option schemes)), or
- (b) a CSOP scheme within the meaning of the CSOP code (see section 521(4) of that Act (approved CSOP schemes)).
- (4) References in this section to approving are to approving under Schedule 9 to this Act or under Schedule 3 or 4 to ITEPA 2003 (approved SAYE option schemes and approved CSOP schemes).
- (5) This section applies where the expenditure is incurred on or after 1st April 1991.
##### 85A
- (1) Subsection (2) below applies where a company incurs expenditure on establishing a qualifying employee share ownership trust.
- (2) In such a case the expenditure—
- (a) shall be deducted in computing for the purposes of Schedule D the profits of a trade carried on by the company,. . .
- (b) if the company is a company with investment business, shall be treated as expenses of management deductible under section 75 to the extent that it otherwise would not be, or
- (c) if the company is one in relation to which section 76 applies, shall be treated for the purposes of that section as expenses payable which fall to be brought into account at Step 1 in subsection (7) of that section to the extent that it otherwise would not be.
- (3) In a case where—
- (a) subsection (2) above applies, and
- (b) the trust is established after the end of the period of nine months beginning with the day following the end of the period of account in which the expenditure is incurred,
for the purpose of applying subsection (2) above, the expenditure shall be treated in accordance with subsection(3A) below.
- (3A) Where this subsection applies—
- (a) in applying subsection (2)(a) above, the expenditure shall be treated as incurred in the period of account in which the trust is established (and not the period of account mentioned in subsection (3)(b) above),
- (b) in applying subsection (2)(b) or (c) above, the expenditure shall be treated as referable to the accounting period in which the trust is established.
- (4) In this section “*qualifying employee share ownership trust*” shall be construed in accordance with Schedule 5 to the Finance Act 1989.
- (5) For the purposes of this section the trust is established when the deed under which it is established is executed.
- (6) This section applies where the expenditure is incurred on or after 1st April 1991.
##### 85B
Schedule 4AA (which provides for deductions relating to approved share incentive plans) shall have effect.
##### 86A
- (1) This section applies where—
- (a) a company (the employer) is liable to make to any individual payments from which income tax falls to be deducted under PAYE regulations, and
- (b) the employer withholds sums from those payments in accordance with an approved scheme and pays the sums to an approved agent.
- (1A) In subsection (1)(b) “*approved scheme*” and “*approved agent*” have the same meaning as in section 714 of ITEPA 2003.
- (2) Any relevant expenditure incurred by the employer on or after 16th March 1993—
- (a) shall be deducted in computing for the purposes of Schedule D the profits of a trade or profession carried on by the employer, or
- (b) if the employer is a company with investment business, shall be treated as expenses of management deductible under section 75.
- (3) Relevant expenditure is expenditure incurred in making to the agent any payment in respect of expenses which have been or are to be incurred by the agent in connection with his functions under the scheme.
#### Computation of income tax where no profits in year of assessment.
##### 87A
- (a) subsection (3) above does not apply, and
- (b) some or all of the relevant income is taken into account in accordance with section 83 of the Finance Act 1989 in an account in relation to which the provisions of section 432C . . . apply,
the fraction of the foreign tax that is attributable to gross roll-up business is the fraction whose numerator is the part of the relevant income which is referable to gross roll-up business by virtue of any provision of section 432C . . . and whose denominator is the whole of the relevant income.
- (7) Where some or all of the relevant income falls to be taken into account in determining in accordance with section 83(2) of the Finance Act 1989 the amount referred to in section 432E(1) as the net amount, the fraction of the foreign tax that is attributable to gross roll-up business is the fraction—
- (a) whose numerator is the part of the investment income taken into account in that determination which would be referable to gross roll-up business by virtue of section 432E if the investment income were the only amount included in the net amount; and
- (b) whose denominator is the whole of that investment income.
- (7A) The Treasury may by regulations amend subsection (7) above; and the regulations may include amendments having effect in relation to accounting periods during which they are made.
- (8) No part of the foreign tax is attributable to any category of business except as provided by subsections (3) to (7) above.
- (9) Where for the purposes of this section an amount of foreign tax is attributable to gross roll-up business, credit in respect of the foreign tax so attributable shall be allowed only against corporation tax in respect of profits chargeable under section 436A.
##### 804C
- (1) Where—
- (a) an insurance company carries on any category of insurance business in a period of account,
- (b) a computation in accordance with the provisions applicable for the purposes of section 35 of CTA 2009 (charge on trade profits) falls to be made in relation to that category of business for that period, and
- (c) there arises to the company in that period any income or gain in respect of which credit for foreign tax falls to be allowed under any arrangements,
subsection (2) below shall have effect.
- (2) In any such case, the amount of the credit for foreign tax which, under the arrangements, is to be allowed against corporation tax in respect of so much of that income or gain as is referable to the category of business concerned (“*the relevant income*”) shall be limited by treating the amount of the relevant income as reduced in accordance with subsections (3) and (4) below.
- (3) The first limitation is to treat the amount of the relevant income as reduced (but not below nil) for the purposes of this Chapter by the amount of expenses (if any) attributable to the relevant income.
- (4) If—
- (a) the amount of the relevant income after any reduction under subsection (3) above,
exceeds
- (b) the relevant fraction of the profits of the category of business concerned for the period of account in question which are chargeable to corporation tax,
the second limitation is to treat the relevant income as further reduced (but not below nil) for the purposes of this Chapter to an amount equal to that fraction of those profits.
In this subsection any reference to the profits of a category of business is a reference to those profits after the set off of any losses of that category of business which have arisen in any previous accounting period.
- (5) In determining the amount of the credit for foreign tax which is to be allowed as mentioned in subsection (2) above, the relevant income shall not be reduced except in accordance with that subsection.
- (6) For the purposes of subsection (3) above, the amount of expenses attributable to the relevant income is the appropriate fraction of the total relevant expenses of the category of business concerned for the period of account in question.
- (7) In subsection (6) above, the “*appropriate fraction*” means the fraction—
- (a) whose numerator is the amount of the relevant income before any reduction in accordance with subsection (2) above, and
- (b) whose denominator is the total income of the category of business concerned for the period of account in question,
unless the denominator so determined is nil, in which case the denominator shall instead be the amount described in subsection (8) below.
- (8) That amount is so much in total of the income and gains—
- (a) which arise to the company in the period of account in question, and
- (b) in respect of which credit for foreign tax falls to be allowed under any arrangements,
as are referable to the category of business concerned (before any reduction in accordance with subsection (2) above).
- (9) In subsection (4) above, the “*relevant fraction*” means the fraction—
- (a) whose numerator is the amount of the relevant income before any reduction in accordance with subsection (2) above; and
- (b) whose denominator is the amount described in subsection (8) above.
- (10) Where a 75 per cent subsidiary of an insurance company is acting in accordance with a scheme or arrangement and—
- (a) the purpose, or one of the main purposes, of that scheme or arrangement is to prevent or restrict the application of subsection (2) above to the insurance company, and
- (b) the subsidiary does not carry on insurance business of any description,
the amount of corporation tax attributable (apart from this subsection) to any item of income or gain arising to the subsidiary shall be found by setting off against that item the amount of expenses that would be attributable to it under subsection (3) above if that item had arisen directly to the insurance company.
- (11) Where the credit allowed for any tax payable under the laws of a territory outside the United Kingdom is, by virtue of subsection (2) above, less than it would be if the relevant income were not treated as reduced in accordance with that subsection, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the profits of the category of business concerned.
- (12) Where, by virtue of subsection (10) above, the credit allowed for any tax payable under the laws of a territory outside the United Kingdom is less than it would be apart from that subsection, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the income of the 75 per cent subsidiary.
- (13) For the purposes of the operation of this section in relation to any income or gain in respect of which credit falls to be allowed under any arrangements, the amount of the income or gain that is referable to a category of insurance business is the same fraction of the income and gain as the fraction of the foreign tax that is attributable to that category of business in accordance with section 804B.
- (14) This section shall be construed—
- (a) in accordance with section 804D, where the category of business concerned is life assurance business or gross roll-up business; and
- (b) in accordance with section 804E, where the category of business concerned is not life assurance business or gross roll-up business.
##### 804D
- (1) This section has effect for the interpretation of section 804C where the category of business concerned is life assurance business or gross roll-up business.
- (2) The “total income" of the category of business concerned for the period of account in question is the amount (if any) by which—
- (a) so much of the total income shown in the revenue account in the periodical return of the company concerned for that period as is referable to that category of business,
exceeds
- (b) so much of any commissions payable and any expenses of management incurred in connection with the acquisition of the business, as shown in that return, so far as referable to that category of business.
- (3) Where any amounts fall to be brought into account in accordance with section 83 of the Finance Act 1989, the amounts that are referable to the category of business concerned shall be determined for the purposes of subsection (2) above in accordance with sections 432B to 432G.
- (4) The “total relevant expenses" of the category of business concerned for any period of account is the amount of the claims incurred—
- (a) increased by any increase in the liabilities of the company, or
- (b) reduced (but not below nil) by any decrease in the liabilities of the company.
- (5) For the purposes of subsection (4) above, the amounts to be taken into account in the case of any period of account are the amounts as shown in the company’s periodical return for the period so far as referable to the category of business concerned.
##### 804E
- (1) This section has effect for the interpretation of section 804C where the category of business concerned is not life assurance business or gross roll-up business.
- (2) The “total income" of the category of business concerned for any period of account is the amount (if any) by which—
- (a) the sum of the amounts specified in subsection (3) below,
exceeds
- (b) the sum of the amounts specified in subsection (4) below.
- (3) The amounts mentioned in subsection (2)(a) above are—
- (a) earned premiums, net of reinsurance;
- (b) investment income and gains;
- (c) other technical income, net of reinsurance;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The amounts mentioned in subsection (2)(b) above are—
- (a) acquisition costs;
- (b) the change in deferred acquisition costs;
- (c) losses on investments.
- (5) The “total relevant expenses" of the category of business concerned for any period of account is the sum of—
- (a) the claims incurred, net of reinsurance,
- (b) the changes in other technical provisions, net of reinsurance,
- (c) the change in the equalisation provision, and
- (d) investment management expenses,
unless that sum is a negative amount, in which case the total relevant expenses shall be taken to be nil.
- (6) The amounts to be taken into account for the purposes of the paragraphs of subsections (3) to (5) above are the amounts taken into account for the purposes of corporation tax.
- (7) Expressions used—
- (a) in the paragraphs of subsections (3) to (5) above, and
- (b) in the provisions of section B of Part 1 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (the required formats) which relate to the profit and loss account format (within the meaning of sub-paragraphs (1) and (2) of paragraph 1 of that Schedule),
have the same meaning in those paragraphs as they have in those provisions.
##### 804F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 804G
- (1) This section applies if—
- (a) a lease has been granted out of the interest referred to in section 87(4),
- (b) in calculating the amount that falls to be treated as a receipt of a UK property business under Chapter 4 of Part 3 of ITTOIA 2005 in respect of the lease, there is a reduction under section 288 of that Act by reference to a taxed receipt, and
- (c) the taxed receipt is the amount chargeable for the purposes of section 87.
- (2) Section 37A (section 37(4) and reductions in receipts under ITTOIA 2005) shall apply for modifying the operation of section 87(2) and (3) as it applies for modifying the operation of section 37(4).
- (3) In this section the following expressions have the same meaning as in Chapter 4 of Part 3 of ITTOIA 2005—
- “reduction under section 288 by reference to a taxed receipt” (see section 290(6) of that Act), and
- “taxed receipt” (see section 287(4) of that Act).
#### Appeals against determinations under sections 34 to 36 or Chapter 4 of Part 3 of ITTOIA 2005.
##### 88A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 88B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 88C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 88D
- (1) This section applies to debts to which the following provisions do not apply—
- (a) Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships, etc);
- (b) Schedule 26 to the Finance Act 2002 (derivative contracts);
- (c) Schedule 29 to that Act (intangible fixed assets).
- (2) In calculating the profits of a company's trade for the purposes of corporation tax, no deduction is allowed in respect of a debt owed to the company, except—
- (a) by way of impairment loss, or
- (b) to the extent that the debt is released wholly and exclusively for the purposes of that trade as part of a statutory insolvency arrangement.
- (3) In this section “*debt*” includes an obligation or liability that falls to be discharged otherwise than by the payment of money.
- (4) In this section “*trade*” has the meaning given by section 6(4).
##### 91A
- (1) This section applies where on or after 6th April 1989 a company makes a site restoration payment in the course of carrying on a trade.
- (2) Subject to subsection (3) below, for the purposes of . . . corporation tax the payment shall be allowed as a deduction in computing the profits of the trade for the period of account in which the payment is made.
- (3) Subsection (2) above shall not apply to so much of the payment as—
- (a) represents expenditure which has been allowed as a deduction in computing the profits of the trade for any period of account preceding the period of account in which the payment is made, or
- (b) represents capital expenditure in respect of which an allowance has been, or may be, made under the enactments relating to capital allowances.
- (4) For the purposes of this section a site restoration payment is a payment made—
- (a) in connection with the restoration of a site or part of a site, and
- (b) in order to comply with any condition of a relevant licence, or any condition imposed on the grant of planning permission to use the site for the carrying out of waste disposal activities, or any relevant obligation.
- (5) For the purposes of this section waste disposal activities are the collection, treatment, conversion and final depositing of waste materials, or any of those activities.
- (6) For the purposes of this section a relevant icence is—
- (a) a disposal licence under Part I of the Control of Pollution Act 1974 or Part II of the Pollution Control and Local Government (Northern Ireland) Order 1978, or
- (b) a waste management licence under Part II of the Environmental Protection Act 1990 or any corresponding provision for the time being in force in Northern Ireland, or
- (ba) a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999, or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002, or
- (ba) a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999, or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002, or
- (c) any authorisation under the Radioactive Substances Act 1960 or the Radioactive Substances Act 1993 for the disposal of radioactive waste or any nuclear site licence under the Nuclear Installations Act 1965.
- (7) For the purposes of this section a relevant obligation is—
- (a) an obligation arising under an agreement made under—
- (i) section 106 of the Town and Country Planning Act 1990, as originally enacted;
- (ii) section 75 of the Town and Country Planning (Scotland) Act 1997;
- (b) a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the Planning and Compensation Act 1991, or under section 299A of the Act of 1990;
- (c) an obligation arising under or under an agreement made under any provision—
- (i) corresponding to section 106 of the Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and
- (ii) for the time being in force in Northern Ireland.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 91B
- (1) This section applies where a company—
- (a) incurs, in the course of carrying on a trade, site preparation expenditure in relation to a waste disposal site (the site in question),
- (b) holds, at the time the company first deposits waste materials on the site in question, a relevant licence which is then in force,
- (c) makes a claim for relief under this section in such form as the Board may direct, and
- (d) submits such plans and other documents (if any) as the Board may require;
and it is immaterial whether the expenditure is incurred before or after the coming into force of this section.
- (2) In computing the profits of the trade for a period of account ending after 5th April 1989, the allowable amount shall be allowed as a deduction for the purposes of . . . corporation tax.
- (3) In relation to a period of account (the period in question) the allowable amount shall be determined in accordance with the formula—
$(A-B)×CC+D$
- (4) A is the site preparation expenditure incurred by the company at any time before the beginning of, or during, the period in question—
- (a) in relation to the site in question, and
- (b) in the course of carrying on the trade;
but this subsection is subject to subsections (5) and (9) below.
- (5) A does not include any expenditure—
- (a) which has been allowed as a deduction in computing for the purposes of corporation tax or income tax the profits of the trade for any period of account preceding the period in question, or
- (b) which constitutes capital expenditure in respect of which an allowance has been, or may be, made for the purposes of corporation tax or income tax under the enactments relating to capital allowances.
- (6) B is an amount equal to any amount allowed as a deduction under this section or section 165 of ITTOIA 2005 (relief for income tax purposes), if allowed—
- (a) in computing the profits of the trade for any period of account preceding the period in question, and
- (b) as regards expenditure incurred in relation to the site in question;
and if different amounts have been so allowed as regards different periods, B is the aggregate of them.
- (7) C is the volume of waste materials deposited on the site in question during the period in question; but if the period is one beginning before 6th April 1989 C shall be reduced by the volume of any waste materials deposited on the site during the period but before that date.
- (8) D is the capacity of the site in question not used up for the deposit of waste materials, looking at the state of affairs at the end of the period in question.
- (9) Where any of the expenditure which would be included in A (apart from this subsection) was incurred before 6th April 1989, A shall be reduced by an amount determined in accordance with the formula—
$E×FF+G$
- (10) For the purposes of subsection (9) above—
- (a) E is so much of the initial expenditure (that is, the expenditure which would be included in A apart from subsection (9) above) as was incurred before 6th April 1989,
- (b) F is the volume of waste materials deposited on the site in question before 6th April 1989, and
- (c) G is the capacity of the site in question not used up for the deposit of waste materials, looking at the state of affairs immediately before 6th April 1989.
- (10A) For the purposes of this section any expenditure incurred for the purposes of a trade by a company about to carry it on shall be treated as if it had been incurred by that company on the first day on which it does carry it on and in the course of doing so.
- (11) For the purposes of this section—
- (a) a waste disposal site is a site used (or to be used) for the disposal of waste materials by their deposit on the site,
- (b) in relation to such a site, site preparation expenditure is expenditure on preparing the site for the deposit of waste materials (and may include expenditure on earthworks),
- (c) in relation to such a site, “*capacity*” means capacity expressed in volume,
- (d) “*relevant licence*” has the same meaning as in section 91A, . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 91BA
- (1) This section applies where—
- (a) site preparation expenditure has been incurred in relation to a waste disposal site,
- (b) that expenditure was incurred by a person in the course of carrying on a trade, and
- (c) on or after 21st March 2000—
- (i) that person (“*the predecessor*”) ceases to carry on that trade, or ceases to carry it on so far as it relates to that site, and
- (ii) another person that is a company (“*the successor*”) begins to carry on that trade, or to carry on in the course of a trade the activities formerly carried on by the predecessor in relation to that site.
- (2) If the conditions specified in the following provisions of this section are met, then, for the purposes of section 91B above—
- (a) the trade carried on by the successor shall be treated as the same trade as that carried on by the predecessor, and
- (b) allowances shall be made to the successor (and not to the predecessor) as if everything done to or by the predecessor had been done to or by the successor.
- (3) The first condition is that the whole of the site in question is transferred to the successor.
Provided the successor holds an estate or interest in the whole of the site, it need not be the same as that held by the predecessor.
- (4) The second condition is that the successor, at the time it first deposits waste material at the site, holds a relevant licence in respect of the site which is then in force.
- (5) Expressions used in this section have the same meaning as in section 91B.
##### 91C
Where—
- (a) a company carrying on a trade incurs expenditure on mineral exploration and access as defined in section 396(1) of the Capital Allowances Act in an area or group of sands in which the presence of mineral deposits in commercial quantities has already been established, and
- (b) if the presence in that area or group of sands of mineral deposits in commercial quantities had not already been established, that expenditure would not have been allowed to be deducted in computing the profits of the trade for the purposes of corporation tax,
that expenditure shall not be so deducted.
### Payments for restrictive undertakings
##### 76ZA
- (1) This section applies if a payment—
- (a) is treated as earnings of an employee by virtue of section 225 of ITEPA 2003 (payments for restrictive undertakings), and
- (b) is made, or treated as made for the purposes of section 226 of that Act (valuable consideration given for restrictive undertakings), by a company in relation to which section 76 applies.
- (2) The payment is treated as expenses payable which fall to be brought into account at Step 1 in section 76(7), so far as it otherwise would not be.
### Seconded employees
##### 76ZB
- (1) This section applies if a company to which section 76 applies makes the services of a person employed for the purposes of the company's life assurance business available to—
- (a) a charity, or
- (b) an educational establishment,
on a basis that is stated and intended to be temporary.
- (2) Expenses of the employer that are attributable to the employee's employment during the period of the secondment are treated as expenses payable which fall to be brought into account at Step 1 in section 76(7).
- (3) In this section—
- “*educational establishment*” has the same meaning as in section 70 of CTA 2009, and
- “*the period of the secondment*” means the period for which the employee's services are made available to the charity or educational establishment.
### Counselling and retraining expenses
##### 76ZC
- (1) This section applies if—
- (a) a company carrying on life assurance business (“*the employer*”) incurs counselling expenses,
- (b) the expenses are incurred in relation to a person (“*the employee*”) who holds or has held an office or employment under the employer, and
- (c) the relevant conditions are met.
- (2) The expenses are brought into account under section 76 as expenses payable (so far as they otherwise would not be).
- (3) In this section “*counselling expenses*” means expenses incurred—
- (a) in the provision of services to the employee in connection with the cessation of the office or employment,
- (b) in the payment or reimbursement of fees for such provision, or
- (c) in the payment or reimbursement of travelling expenses in connection with such provision.
- (4) In this section “*the relevant conditions*” means—
- (a) conditions A to D for the purposes of section 310 of ITEPA 2003 (employment income exemptions: counselling and other outplacement services), and
- (b) in the case of travel expenses, condition E for those purposes.
##### 76ZD
- (1) This section applies if—
- (a) a company carrying on life assurance business (“*the employer*”) incurs training course expenses,
- (b) they are incurred in relation to a person (“*the employee*”) who holds or has held an office or employment under the employer, and
- (c) the relevant conditions are met.
- (2) The expenses are brought into account under section 76 as expenses payable (so far as they otherwise would not be).
- (3) In this section—
- “*retraining course expenses*” means expenses incurred in the payment or reimbursement of retraining course expenses within the meaning given by section 311(2) of ITEPA 2003, and
- “*the relevant conditions*” means—the conditions in subsections (3) and (4) of section 311 of ITEPA 2003 (employment income exemptions: retraining courses), andin the case of travel expenses, the conditions in subsection (5) of that section.
##### 76ZE
- (1) This section applies if—
- (a) an employer's liability to corporation tax for an accounting period is determined on the assumption that it is entitled by virtue of section 76ZD to bring an amount into account in determining the amount of a deduction to be made under section 76, and
- (b) without section 76ZD the employer would not have been so entitled.
- (2) If, subsequently—
- (a) the condition in section 311(4)(a) of ITEPA 2003 is not met because of the employee's failure to begin the course within the period of one year after ceasing to be employed, or
- (b) the condition in section 311(4)(b) of ITEPA 2003 is not met because of the employee's continued employment or re-employment,
an assessment of an amount or further amount of corporation tax due as a result of the condition not being met may be made under paragraph 41 of Schedule 18 to FA 1998.
- (3) Such an assessment must be made before the end of the period of 6 years immediately following the end of the accounting period in which the failure to meet the condition occurred.
- (4) If subsection (2) applies, the employer must give an officer of Revenue and Customs a notice containing particulars of—
- (a) the employee's failure to begin the course,
- (b) the employee's continued employment, or
- (c) the employee's re-employment,
within 60 days of coming to know of it.
- (5) If an officer of Revenue and Customs has reason to believe that the employer has failed to give such a notice, the officer may by notice require the employer to provide such information as the officer may reasonably require for the purposes of this section about—
- (a) the failure to begin the course,
- (b) the continued employment, or
- (c) the re-employment.
- (6) A notice under subsection (5) may specify a time (not less than 60 days) within which the required information must be provided.
### Redundancy payments etc
##### 76ZF
- (1) Sections 76ZG to 76ZI apply if—
- (a) a company to which section 76 applies (“*the employer*”) makes a redundancy payment or an approved contractual payment to another person (“*the employee*”), and
- (b) the payment is in respect of the employee's employment wholly in the employer's life assurance business or partly in the employer's life assurance business and partly in one or more other capacities.
- (2) For the purposes of this section and sections 76ZG to 76ZH “*redundancy payment*” means a redundancy payment payable under—
- (a) Part 11 of the Employment Rights Act 1996, or
- (b) Part 12 of the Employment Rights (Northern Ireland) Order 1996.
- (3) For the purposes of this section and those sections—
- “*contractual payment*” means a payment which, under an agreement, an employer is liable to make to an employee on the termination of the employee's contract of employment, and
- a contractual payment is “*approved*” if, in respect of that agreement, an order is in force under—section 157 of the Employment Rights Act 1996, orArticle 192 of the Employment Rights (Northern Ireland) Order 1996.
##### 76ZG
- (1) This section applies if the payment is in respect of the employee's employment wholly in the employer's life assurance business.
- (2) The payment is treated as expenses payable which fall to be brought into account at Step 1 in section 76(7), so far as it otherwise would not be.
- (3) The amount brought into account by virtue of this section for an approved contractual payment must not exceed the amount which would have been due to the employee if a redundancy payment had been payable.
- (4) If the payment is referable to an accounting period beginning after the business has permanently ceased to be carried on, it is treated as referable to the last accounting period in which the business was carried on.
##### 76ZH
- (1) This section applies if the payment is in respect of the employee's employment with the employer—
- (a) partly in the employer's life assurance business, and
- (b) partly in one or more other capacities.
- (2) The amount of the redundancy payment, or the amount which would have been due if a redundancy payment had been payable, is to be apportioned on a just and reasonable basis between—
- (a) the employment in the life assurance business, and
- (b) the employment in the other capacities.
- (3) The part of the payment apportioned to the employment in the life assurance business is treated as a payment in respect of the employee's employment wholly in the life assurance business for the purposes of section 76ZG.
##### 76ZI
- (1) This section applies if the employer's business, or part of it, ceases (permanently) to be carried on and the employer makes a payment to the employee in addition to—
- (a) the redundancy payment, or
- (b) if an approved contractual payment is made, the amount that would have been due if a redundancy payment had been payable.
- (2) If—
- (a) the additional payment would not otherwise be regarded as expenses payable for the purposes of section 76, but
- (b) that is only because the business, or the part of the business, has ceased to be carried on,
the additional payment is regarded as expenses payable for the purposes of section 76.
- (3) So far as the additional payment would, apart from this subsection, be regarded as expenses payable for the purposes of Step 5 in subsection (7) of section 76, it is not to be so regarded for the purposes of that subsection (or of subsection (2) above so far as relating to section 76).
- (4) The amount treated under this section as expenses payable for the purposes of section 76 is limited to 3 times the amount of—
- (a) the redundancy payment, or
- (b) if an approved contractual payment is made, the amount that would have been due if a redundancy payment had been payable.
- (5) If the payment is referable to an accounting period beginning after the business or the part of the business has ceased to be carried on, it is treated as referable to the last accounting period in which the business, or the part concerned, was carried on.
##### 76ZJ
- (1) This section applies if—
- (a) a redundancy payment or an approved contractual payment is payable by a company to which section 76 applies (“*the employer*”), and
- (b) a payment to which subsection (2) applies is made in respect of the payment.
- (2) This subsection applies to—
- (a) payments made by the Secretary of State under section 167 of the Employment Rights Act 1996, and
- (b) payments made by the Department for Employment and Learning under Article 202 of the Employment Rights (Northern Ireland) Order 1996.
- (3) So far as the employer reimburses the Secretary of State or Department for the payment, sections 76ZG to 76ZI apply as if the payment were—
- (a) a redundancy payment, or
- (b) an approved contractual payment,
made by the employer.
### Contributions to local enterprise organisations or urban regeneration companies
##### 76ZK
- (1) This section applies if a company to which section 76 applies (“*the contributor*”) incurs expenses in making a contribution (whether in cash or in kind)—
- (a) to a local enterprise organisation, or
- (b) to an urban regeneration company.
- (2) The expenses are treated for the purposes of section 76 as expenses payable which fall to be brought into account at Step 1 in section 76(7).
- (3) But if, in connection with the making of the contribution, the contributor or a connected person—
- (a) receives a disqualifying benefit of any kind, or
- (b) is entitled to receive such a benefit,
the amount treated in accordance with subsection (2) is restricted to the amount of the expenses less the value of the benefit.
- (4) For this purpose it does not matter whether a person receives, or is entitled to receive, the benefit—
- (a) from the local enterprise organisation or urban regeneration company concerned, or
- (b) from anyone else.
- (5) Subsection (6) applies if—
- (a) an amount has been brought into account in accordance with subsection (2), and
- (b) the contributor or a connected person receives a disqualifying benefit that is in any way attributable to the contribution.
- (6) The contributor is to be treated as receiving, when the benefit is received, an amount—
- (a) which is equal to the value of the benefit (so far as not brought into account in determining the amount of the deduction), and
- (b) to which the charge to corporation tax on income applies.
- (a) credit for foreign tax falls to be allowed to a person (“P”) under any arrangements, and
- (b) a payment is made by a tax authority to P, or any person connected with P, by reference to the foreign tax.
- (2) The amount of that credit is to be reduced by an amount equal to that payment.
- (3) Section 839 applies for the purposes of determining whether or not a person is connected with P.
### Foreign dividends: onshore pooling and utilisation of eligible unrelieved foreign tax
##### 806A
- (1) This section applies where, in any accounting period of a company resident in the United Kingdom, an amount of eligible unrelieved foreign tax arises in respect of a dividend falling within subsection (2) below paid to the company.
- (2) The dividends that fall within this subsection are any dividends which are chargeable under Chapter 2 of Part 10 of CTA 2009 (dividends of non-UK resident companies), or which would be so chargeable but for section 982 of that Act (priority rules), other than—
- (a) any dividend which is trading income for the purposes of section 393;
- (b) any dividend which, in the circumstances described in paragraphs (a) and (b) of subsection (8) of section 393, would by virtue of that subsection fall to be treated as trading income for the purposes of subsection (1) of that section;
- (c) in a case where section 801A applies, the dividend mentioned in subsection (1)(b) of that section;
- (d) in a case where section 803 applies, the dividend mentioned in subsection (1)(b) of that section;
- (e) any dividend the amount of which is, under section 811, treated as reduced.
- (3) For the purposes of this section—
- (a) the cases where an amount of eligible unrelieved foreign tax arises in respect of a dividend falling within subsection (2) above are the cases set out in subsections (4) and (5) below; and
- (b) the amounts of eligible unrelieved foreign tax which arise in any such case are those determined in accordance with section 806B.
- (4) Case A is where—
- (a) the amount of the credit for foreign tax which under any arrangements would, apart from section 797, be allowable against corporation tax in respect of the dividend,
exceeds
- (b) the amount of the credit for foreign tax which under the arrangements is allowed against corporation tax in respect of the dividend.
- (5) Case B is where the amount of tax which, by virtue of any provision of any arrangements, falls to be taken into account as mentioned in section 799(1) in the case of the dividend (whether or not by virtue of section 801(2) or (3)) is less than it would be apart from the mixer cap.
But if that is so in any case by reason only of the mixer cap restricting the amount of underlying tax that is treated as mentioned in subsection (2) or (3) of section 801 in the case of a dividend paid by a company resident in the United Kingdom, the case does not fall within Case B.
- (6) In determining whether the circumstances are as set out in subsection (4) or (5) above, sections 806C and 806D shall be disregarded.
##### 806B
- (1) This section has effect for determining the amounts of eligible unrelieved foreign tax which arise in the cases set out in section 806A(4) and (5).
- (2) In Case A, the difference between—
- (a) the amount of the credit allowed as mentioned in section 806A(4)(b), and
- (b) the greater amount of the credit that would have been so allowed if, for the purposes of subsection (2) of section 797, the rate of corporation tax payable as mentioned in that subsection were the upper percentage,
shall be an amount of eligible unrelieved foreign tax.
- (3) In Case B, the amount (if any) by which—
- (a) the aggregate of the upper rate amounts falling to be brought into account for the purposes of this paragraph by virtue of subsection (4) or (5) below, exceeds
- (b) the amount of tax to be taken into account as mentioned in section 799(1) in the case of the dividend falling within section 806A(2), before any increase under section 801(4B),
shall be an amount of eligible unrelieved foreign tax.
- (4) In the case of the dividend falling within section 806A(2) (but not any lower level dividend), the upper rate amount to be brought into account for the purposes of subsection (3)(a) above—
- (a) in a case where the mixer cap does not restrict the amount of tax to be taken into account as mentioned in section 799(1) (before any increase under section 801(4B)) in the case of that dividend, is that amount of tax; or
- (b) in a case where the mixer cap restricts the amount of tax to be so taken into account in the case of that dividend, is the greater amount that would have been so taken into account if, in the application of the formula in section 799(1A) in the case of that dividend (but not any lower level dividend) M% had, in relation to—
- (i) so much of D as does not represent any lower level dividend, and
- (ii) so much of U as is not underlying tax attributable to any lower level dividend,
been the upper percentage.
- (5) In the case of any dividend (the “*relevant dividend*”) received as mentioned in subsection (2) or (3) of section 801 which is a lower level dividend in relation to the dividend falling within section 806A(2), the upper rate amount to be brought into account for the purposes of subsection (3)(a) above—
- (a) in a case where the mixer cap does not restrict the amount of underlying tax that is treated as mentioned in subsection (2) or (3), as the case may be, of section 801 in the case of the relevant dividend, is the appropriate portion of that amount of underlying tax;
- (b) in a case where—
- (i) the relevant dividend was paid by a company resident in the United Kingdom, and
- (ii) the mixer cap restricts the amount of underlying tax that is treated as mentioned in subsection (2) or (3), as the case may be, of section 801 in the case of that dividend,
is the appropriate portion of that restricted amount of underlying tax; or
- (c) in a case where—
- (i) the relevant dividend was paid by a company resident outside the United Kingdom, and
- (ii) the mixer cap restricts the amount of underlying tax that is treated as mentioned in subsection (2) or (3), as the case may be, of section 801 in the case of that dividend,
is the appropriate portion of the greater amount of tax that would have been so treated if, in the application of the formula in section 799(1A) in the case of that dividend (but not any other dividend) M% had, in relation to so much of D as does not represent any lower level dividend, and so much of U as is not underlying tax attributable to any lower level dividend, been the upper percentage.
- (6) For the purposes of subsection (5) above, the “*appropriate portion*” of any amount there mentioned in the case of a dividend is found by multiplying that amount by the product of the reducing fractions for each of the higher level dividends.
- (7) For the purposes of subsection (6) above, the “*reducing fraction*” for any dividend is the fraction—
- (a) whose numerator is the amount of the dividend; and
- (b) whose denominator is the amount of the relevant profits (within the meaning of section 799(1)) out of which the dividend is paid.
- (8) Any reference in this section to any tax being restricted by the mixer cap in the case of any dividend is a reference to that tax being so restricted otherwise than by virtue only of the application of the mixer cap in the case of one or more lower level dividends.
- (9) For the purpose of determining the amount described in subsection (2)(b), (4)(b) or (5)(c) above, sections 806C and 806D shall be disregarded.
- (10) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*higher level dividend*”, in relation to another dividend, means any dividend—by which that other dividend is to any extent represented; andwhich either is the dividend falling within section 806A(2) or is to any extent represented by that dividend;
- “*lower level dividend*”, in relation to another dividend, means any dividend which—is received as mentioned in section 801(2) or (3); andis to any extent represented by that other dividend;
- “*the relevant tax*” means—in the case of the dividend falling within section 806A(2), the foreign tax to be taken into account as mentioned in section 799(1); andin the case of any other dividend, the amount of underlying tax to be treated as mentioned in section 801(2) or (3) in the case of the dividend.
##### 806C
- (1) In this section “qualifying foreign dividend" means any dividend which falls within section 806A(2), other than—
- (a) an ADP dividend paid by a controlled foreign company;
- (b) so much of any dividend paid by any company as represents an ADP dividend paid by another company which is a controlled foreign company;
- (c) a dividend in respect of which an amount of eligible unrelieved foreign tax arises.
- (2) For the purposes of this section—
- (a) a “related qualifying foreign dividend" is any qualifying foreign dividend paid to a company resident in the United Kingdom by a company which, at the time of payment of the dividend, is related to that company;
- (b) an “unrelated qualifying foreign dividend" is any qualifying foreign dividend which is not a related qualifying foreign dividend.
- (3) For the purposes of giving credit relief under this Part to a company resident in the United Kingdom—
- (a) the related qualifying foreign dividends that arise to the company in an accounting period shall be aggregated;
- (b) the unrelated qualifying foreign dividends that arise to the company in an accounting period shall be aggregated;
- (c) the underlying tax in relation to the related qualifying foreign dividends that arise to the company in an accounting period shall be aggregated;
- (d) so much of the foreign tax paid in respect of the qualifying foreign dividends that arise to the company in an accounting period as is not underlying tax shall be aggregated.
- (4) Credit relief under this Part shall be given as if—
- (a) the related qualifying foreign dividends aggregated under paragraph (a) of subsection (3) above in the case of any accounting period instead together constituted a single related qualifying foreign dividend arising in that accounting period (“*the single related dividend*” arising in that accounting period);
- (b) the unrelated qualifying foreign dividends aggregated under paragraph (b) of that subsection in the case of any accounting period instead together constituted a single unrelated qualifying foreign dividend arising in that accounting period (“*the single unrelated dividend*” arising in that accounting period);
- (c) the underlying tax aggregated under paragraph (c) of that subsection for any accounting period were instead underlying tax in relation to the single related dividend arising in that accounting period (the “aggregated underlying tax" in respect of the single related dividend);
- (d) the tax aggregated under paragraph (d) of that subsection for any accounting period were instead foreign tax (other than underlying tax) paid in respect of, and computed by reference to,—
- (i) the single related dividend arising in that accounting period,
- (ii) the single unrelated dividend so arising, or
- (iii) partly the one dividend and partly the other,
(that aggregated tax being referred to as the “*aggregated withholding tax*”).
- (5) For the purposes of this section, a dividend paid by a controlled foreign company is an “*ADP dividend*” if it is a dividend by virtue of which (whether in whole or in part and whether taken alone or with one or more other dividends) no apportionment under section 747(3) falls to be made as regards an accounting period of the controlled foreign company in a case where such an apportionment would fall to be made apart from section 748(1)(a).
##### 806D
- (1) For the purposes of this section, where—
- (a) any eligible unrelieved foreign tax arises in an accounting period of a company, and
- (b) the dividend in relation to which it arises is paid by a company which, at the time of payment of the dividend, is related to that company,
that tax is “eligible underlying tax" to the extent that it consists of or represents underlying tax.
- (2) To the extent that any eligible unrelieved foreign tax is not eligible underlying tax it is for the purposes of this section “*eligible withholding tax*”.
- (3) For the purposes of giving credit relief under this Part to a company resident in the United Kingdom—
- (a) the amounts of eligible underlying tax that arise in an accounting period of the company shall be aggregated (that aggregate being referred to as the “relievable underlying tax" arising in that accounting period); and
- (b) the amounts of eligible withholding tax that arise in an accounting period of the company shall be aggregated (that aggregate being referred to as the “relievable withholding tax" arising in that accounting period).
- (4) The relievable underlying tax arising in an accounting period of the company shall be treated for the purposes of allowing credit relief under this Part as if it were—
- (a) underlying tax in relation to the single related dividend that arises in the same accounting period,
- (b) relievable underlying tax arising in the next accounting period (whether or not any related qualifying foreign dividend in fact arises to the company in that accounting period), or
- (c) underlying tax in relation to the single related dividend that arises in such one or more preceding accounting periods as result from applying the rules in section 806E,
or partly in one of those ways and partly in each or either of the others.
- (5) The relievable withholding tax arising in an accounting period of the company shall be treated for the purposes of allowing credit relief under this Part as if it were—
- (a) foreign tax (other than underlying tax) paid in respect of, and computed by reference to, the single related dividend or the single unrelated dividend that arises in the same accounting period,
- (b) relievable withholding tax arising in the next accounting period (whether or not any qualifying foreign dividend in fact arises to the company in that accounting period), or
- (c) foreign tax (other than underlying tax) paid in respect of, and computed by reference to, the single related dividend or the single unrelated dividend that arises in such one or more preceding accounting periods as result from applying the rules in section 806E,
or partly in one of those ways and partly in any one or more of the others.
- (6) The amount of relievable underlying tax or relievable withholding tax arising in an accounting period that is treated—
- (a) under subsection (4)(a) or (c) above as underlying tax in relation to the single related dividend arising in the same or any earlier accounting period, or
- (b) under subsection (5)(a) or (c) above as foreign tax paid in respect of, and computed by reference to, the single related dividend or the single unrelated dividend arising in the same or any earlier accounting period,
must not be such as would cause an amount of eligible unrelieved foreign tax to arise in respect of that dividend.
##### 806E
- (1) Where any relievable tax is to be treated as mentioned in section 806D(4)(c) or (5)(c), the rules for determining the accounting periods in question (and the amount of the relievable tax to be so treated in relation to each of them) are those set out in the following provisions of this section.
- (2) Rule 1 is that the accounting periods in question must be accounting periods beginning not more than three years before the accounting period in which the relievable tax arises.
- (3) Rule 2 is that the relievable tax must be so treated that—
- (a) credit for, or for any remaining balance of, the relievable tax is allowed against corporation tax in respect of the single dividend arising in a later one of the accounting periods beginning as mentioned in rule 1 above,
before
- (b) credit for any of the relievable tax is allowed against corporation tax in respect of the single dividend arising in any earlier such accounting period.
- (4) Rule 3 is that the relievable tax must be so treated that, before allowing credit for any of the relievable tax against corporation tax in respect of the single dividend arising in any accounting period, credit for foreign tax is allowed—
- (a) first for the aggregated foreign tax in respect of the single dividend arising in that accounting period, so far as not consisting of relievable tax arising in another accounting period; and
- (b) then for relievable tax arising in any accounting period before that in which the relievable tax in question arises.
- (5) The above rules are subject to sections 806D(6) and 806F.
- (6) In this section—
- “*aggregated foreign tax*” means aggregated underlying tax or aggregated withholding tax;
- “*relievable tax*” means relievable underlying tax or relievable withholding tax;
- “*the single dividend*” means—in relation to relievable underlying tax, the single related dividend; andin relation to relievable withholding tax, the single related dividend or the single unrelated dividend.
##### 806F
- (1) For the purposes of this Part, credit in accordance with any arrangements shall, in the case of any dividend, be given so far as possible—
- (a) for underlying tax (where allowable) before foreign tax other than underlying tax;
- (b) for foreign tax other than underlying tax before amounts treated as underlying tax; and
- (c) for amounts treated as underlying tax (where allowable) before amounts treated as foreign tax other than underlying tax.
- (2) Accordingly, where the amount of foreign tax to be brought into account for the purposes of allowing credit relief under this Part is subject to any limitation or restriction, the limitation or restriction shall be taken to have the effect of excluding foreign tax other than underlying tax before excluding underlying tax.
##### 806G
- (1) The relievable underlying tax or relievable withholding tax arising in any accounting period shall only be treated as mentioned in subsection (4) or (5) of section 806D on a claim.
- (2) Any such claim must specify the amount (if any) of that tax—
- (a) which is to be treated as mentioned in paragraph (a) of the subsection in question;
- (b) which is to be treated as mentioned in paragraph (b) of that subsection; and
- (c) which is to be treated as mentioned in paragraph (c) of that subsection.
- (3) A claim under subsection (1) above may only be made before the expiration of the period of—
- (a) six years after the end of the accounting period mentioned in that subsection; or
- (b) if later, one year after the end of the accounting period in which the foreign tax in question is paid.
##### 806H
- (1) The Board may by regulations make provision for, or in connection with, allowing a company which is a member of a group to surrender all or any part of the amount of the relievable tax arising to it in an accounting period to another company which is a member of that group at the time, or throughout the period, prescribed by the regulations.
- (2) The provision that may be made under subsection (1) above includes provision—
- (a) prescribing the conditions which must be satisfied if a surrender is to be made;
- (b) determining the amount of relievable tax which may be surrendered in any accounting period;
- (c) prescribing the conditions which must be satisfied if a claim to surrender is to be made;
- (d) prescribing the consequences for tax purposes of a surrender having been made;
- (e) allowing a claim to be withdrawn and prescribing the effect of such a withdrawal.
- (3) Regulations under subsection (1) above—
- (a) may make different provision for different cases; and
- (b) may contain such supplementary, incidental, consequential or transitional provision as the Board may think fit.
- (4) For the purposes of subsection (1) above a company is a member of a group if the conditions prescribed for that purpose in the regulations are satisfied.
##### 806J
- (1) This section has effect for the interpretation of the foreign dividend provisions of this Chapter.
- (2) In this section, “*the foreign dividend provisions of this Chapter*” means sections 806A to 806H and this section.
- (3) For the purposes of the foreign dividend provisions of this Chapter, where—
- (a) one company pays a dividend (“*dividend A*”) to another company, and
- (b) that other company, or a company which is related to it, pays a dividend (“*dividend B*”) to another company,
dividend B represents dividend A, and dividend A is represented by dividend B, to the extent that dividend B is paid out of profits which are derived, directly or indirectly, from the whole or part of dividend A.
- (4) Where—
- (a) one company is related to another, and
- (b) that other is related to a third company,
the first company shall be taken for the purposes of paragraph (b) of subsection (3) above to be related to the third, and so on where there is a chain of companies, each of which is related to the next.
- (5) In any case where—
- (a) a company resident outside the United Kingdom pays a dividend to a company resident in the United Kingdom, and
- (b) the circumstances are such that subsection (6)(b) of section 790 has effect in relation to that dividend,
the foreign dividend provisions of this Chapter shall have effect as if the company resident outside the United Kingdom were related to the company resident in the United Kingdom (and subsection (10) of that section shall have effect accordingly).
- (6) Subsection (5) of section 801 (related companies) shall apply for the purposes of the foreign dividend provisions of this Chapter as it applies for the purposes of that section.
- (7) In the foreign dividend provisions of this Chapter—
- “*aggregated underlying tax*” shall be construed in accordance with section 806C(4)(c);
- “*aggregated withholding tax*” shall be construed in accordance with section 806C(4)(d);
- “*controlled foreign company*” has the same meaning as in Chapter IV of Part XVII;
- “*eligible unrelieved foreign tax*” shall be construed in accordance with sections 806A and 806B;
- “*the mixer cap*” means section 799(1)(b);
- “*qualifying foreign dividend*” has the meaning given by section 806C(1);
- “*related qualifying foreign dividend*” has the meaning given by section 806C(2)(a);
- “*relievable tax*” has the meaning given by section 806E(6);
- “*relievable underlying tax*” shall be construed in accordance with 806D(3)(a);
- “*relievable withholding tax*” shall be construed in accordance with 806D(3)(b);
- “*single related dividend*” shall be construed in accordance with section 806C(4)(a);
- “*single unrelated dividend*” shall be construed in accordance with section 806C(4)(b);“the upper percentage" is 45 per cent.
### Application of foreign dividend provisions to branches or agencies in the UK of persons resident elsewhere
##### 806K
- (1) Sections 806A to 806J shall apply in relation to an amount of eligible unrelieved foreign tax arising in a chargeable period in respect of any of the income of a branch or agency in the United Kingdom of a person resident outside the United Kingdom as they apply in relation to eligible unrelieved foreign tax arising in an accounting period of a company resident in the United Kingdom in respect of any of the company’s income, but with the modifications specified in subsection (2) below.
- (2) Those modifications are—
- (a) take any reference to an accounting period as a reference to a chargeable period;
- (b) take any reference to corporation tax as including a reference to income tax;
- (bb) in relation to income tax, for the words in section 806A(2) from “Chapter 2” to “rules)” substitute Chapter 4 of Part 4 of ITTOIA 2005;
- (c) take the reference in section 806A(4)(a) to section 797 as a reference to sections 796 and 797;
- (d) in relation to income tax, for subsection (2) of section 806B substitute the subsection (2) set out in subsection (3) below.
- (3) That subsection is—
- (“) In Case A, the difference between—
- (a) the amount of the credit allowed as mentioned in section 806A(4)(b), and
- (b) the greater amount of credit that would have been so allowed if, for the purposes of section 796, the amount of income tax borne on the dividend as computed under that section were charged at a rate equal to the upper percentage,
shall be an amount of eligible unrelieved foreign tax. ".
### Unrelieved foreign tax: profits of overseas branch or agency
##### 806L
- (1) This section applies where, in any accounting period of a company resident in the United Kingdom, an amount of unrelieved foreign tax arises in respect of any of the company’s qualifying income from an overseas permanent establishment of the company.
- (2) The amount of the unrelieved foreign tax so arising shall be treated for the purposes of allowing credit relief under this Part as if it were foreign tax paid in respect of, and computed by reference to, the company’s qualifying income from the same overseas permanent establishment—
- (a) in the next accounting period (whether or not the company in fact has any such income from that source in that accounting period), or
- (b) in such one or more preceding accounting periods, beginning not more than three years before the accounting period in which the unrelieved foreign tax arises, as result from applying the rules in subsection (3) below,
or partly in the one way and partly in the other.
- (3) Where any unrelieved foreign tax is to be treated as mentioned in paragraph (b) of subsection (2) above, the rules for determining the accounting periods in question (and the amount of the unrelieved foreign tax to be so treated in relation to each of them) are that the unrelieved foreign tax must be so treated under that paragraph—
- (1) that—
- (a) credit for, or for any remaining balance of, the unrelieved foreign tax is allowed against corporation tax in respect of income of a later one of the accounting periods beginning as mentioned in that paragraph,
before
- (b) credit for any of the unrelieved foreign tax is allowed against corporation tax in respect of income of any earlier such period;
- (2) that, before allowing credit for any of the unrelieved foreign tax against corporation tax in respect of income of any accounting period, credit for foreign tax is allowed—
- (a) first for foreign tax in respect of the income of that accounting period, other than unrelieved foreign tax arising in another accounting period; and
- (b) then for unrelieved foreign tax arising in any accounting period before that in which the unrelieved foreign tax in question arises.
- (4) For the purposes of this section, the cases where an amount of unrelieved foreign tax arises in respect of any of a company’s qualifying income from an overseas permanent establishment in an accounting period are those cases where—
- (a) the amount of the credit for foreign tax which under any arrangements would, apart from section 797, be allowable against corporation tax in respect of that income,
exceeds
- (b) the amount of the credit for foreign tax which under the arrangements is allowed against corporation tax in respect of that income;
and in any such case that excess is the amount of the unrelieved foreign tax in respect of that income.
- (5) For the purposes of this section, a company’s qualifying income from an overseas permanent establishment is the profits of the overseas permanent establishment which are—
- (a) profits, chargeable under Chapter 2 of Part 3 of CTA 2009, of a trade carried on partly, but not wholly, outside the United Kingdom; or
- (b) included in the profits of gross roll-up business chargeable under . . . section 436A.
- (6) Where (whether by virtue of this subsection or otherwise) an amount of unrelieved foreign tax arising in an accounting period falls to be treated under subsection (2) above for the purposes of allowing credit relief under this Part as foreign tax paid in respect of, and computed by reference to, qualifying income of an earlier accounting period, it shall not be so treated for the purpose of any further application of this section.
- (7) In this section—
- “*disqualifying benefit*” means a benefit the expenses of obtaining which, if incurred by the contributor directly in a transaction at arm's length, would not be expenses payable for the purposes of section 76,
- “*local enterprise organisation*” has the meaning given by section 83 of CTA 2009,
- “*urban regeneration company*” has the meaning given by section 86 of CTA 2009.
- (8) Section 839 (“connected person”) applies for the purposes of subsections (3) and (5).
### Unpaid remuneration
##### 76ZL
- (1) This section applies if—
- (a) an amount is charged in respect of employees' remuneration in the accounts for a period of a company to which section 76 applies,
- (b) the amount would apart from this section be brought into account under section 76 as expenses payable, and
- (c) the remuneration is not paid before the end of the period of 9 months immediately following the end of the period of account.
- (2) If the remuneration is paid after the end of that period of 9 months, the amount is brought into account for the period of account in which it is paid.
- (3) But—
- (a) subsection (2) is subject to section 86 of FA 1989 (spreading of relief for acquisition expenses), and
- (b) in interpreting that section the remuneration is treated as expenses payable which fall to be included at Step 1 in section 76(7) for the period of account in which the remuneration is paid.
- (4) The amount is not brought into account under section 76 as expenses payable if it is not paid.
##### 76ZM
- (1) For the purposes of section 76ZL an amount charged in the accounts in respect of employees' remuneration includes an amount for which provision is made in the accounts with a view to its becoming employees' remuneration.
- (2) For the purposes of section 76ZL it does not matter whether an amount is charged for—
- (a) particular employments, or
- (b) employments generally.
- (3) If the profits of the company are calculated before the end of the 9 month period mentioned in section 76ZL(1)(c)—
- (a) it must be assumed, in making the calculation, that any remuneration which is unpaid when the calculation is made will not be paid before the end of that period, but
- (b) if the remuneration is subsequently paid before the end of that period, nothing in this subsection prevents the calculation being revised and any tax return being amended accordingly.
- (4) For the purposes of this section and section 76ZL remuneration is paid when it—
- (a) is treated as received by an employee for the purposes of ITEPA 2003 by section 18 or 19 of that Act (receipt of money and non-money earnings), or
- (b) would be so treated if it were not exempt income.
- (5) In this section and section 76ZL—
- “*employee*” includes an office-holder and “*employment*” therefore includes an office, and
- “*remuneration*” means an amount which is or is treated as earnings for the purposes of Parts 2 to 7 of ITEPA 2003.
### Car or motor cycle hire
##### 76ZN
- (1) Subsection (2) applies if—
- (a) in calculating the corporation tax to which a company is liable for an accounting period, an amount representing expenses incurred on the hiring of a car or motor cycle can be brought into account under section 76 as expenses payable,
- (b) the car or motor cycle is not a qualifying hire car or motor cycle, and
- (c) the retail price of the car or motor cycle when new exceeds £12,000.
- (2) The amount that would otherwise be capable of being brought into account as expenses payable is reduced by multiplying the amount by the fraction—
$$£12,000+RP2×RP$where RP is the retail price of the car or motor cycle when new.$
- (3) Subsection (4) applies if an amount is reduced as a result of subsection (2), or a corresponding provision, and—
- (a) subsequently—
- (i) there is a rebate (however described) of the hire charges, or
- (ii) a debt in respect of any of the hire charges is released otherwise than as part of a statutory insolvency agreement, and
- (b) an amount is brought into account in respect of the rebate or release.
- (4) For the purposes of subsection (3)(b) an amount is brought into account in respect of a rebate of hire charges or the release of a debt if—
- (a) the amount of a reversal representing the rebate or release falls to be deducted under Step 4 in section 76(7), or
- (b) (in the case of a rebate of hire charges) an amount representing the rebate is chargeable under section 85(1) of the Finance Act 1989 (c. 26).
- (5) The amount that would otherwise be deductible as mentioned in subsection (4)(a) or chargeable as mentioned in subsection (4)(b) is reduced by multiplying it by the fraction set out in subsection (2).
- (6) In this section “*corresponding provision*” means—
- (a) section 56(2) of CTA 2009 (car or motor cycle hire: trade profits and property income),
- (b) section 1251(2) of CTA 2009 (car or motor cycle hire: companies with investment business), and
- (c) section 48(2) of ITTOIA 2005 (car or motor cycle hire: trade profits and property income).
- (7) The power under section 74(4) of CAA 2001 to increase or further increase the sums of money specified in Chapter 8 of Part 2 of CAA 2001 includes the power to increase or further increase the sum of money specified in subsection (1)(c) or (2).
- (8) In this section “*car or motor cycle*” and “*qualifying hire car or motor cycle*” have the meanings given by section 57 of CTA 2009.
##### 76ZO
- (1) Section 76ZN does not apply to expenses incurred on the hiring of a car with low CO₂ emissions, or an electrically-propelled car, if—
- (a) the car was first registered on or after 17 April 2002, and
- (b) the period of hire begins before 1 April 2013 under a contract entered into before that date.
- (2) For this purpose—
- “*car with low CO₂ emissions*” has the meaning given by section 45D of CAA 2001, and
- “*electrically-propelled car*” has the meaning given by that section.
##### 95ZA
- (1) If the total amount of relevant distributions received by a company in an accounting period exceeds £50,000, those distributions are to be taken into account in calculating for corporation tax purposes the profits of the company in that period (and accordingly section 208 does not apply in relation to those distributions).
- (2) A company (“company A”) receives a “relevant distribution” if—
- (a) it receives a distribution made by a company resident in the United Kingdom (“company B”),
- (b) the value of the shares or stock in respect of which the distribution is made (“the holding”) is materially reduced by reason of the distribution,
- (c) a profit on the sale of the holding (to anyone other than company B) would be taken into account in calculating company A's profits in respect of relevant insurance business, and
- (d) either—
- (i) the holding amounts to, or is an ingredient in a holding amounting to, 10% of all holdings of the same class in company B, or
- (ii) the period between the acquisition by company A of the holding and that company first taking steps to dispose of the holding does not exceed 30 days.
- (3) In this section “*relevant insurance business*” means any kind of insurance business other than life assurance business.
- (4) Section 177(7) of TCGA 1992 (provision supplementing provision corresponding to subsection (2)(d)(i) above) applies for the purposes of subsection (2)(d)(i).
- (5) Section 731(4) below (interpretation of “taking steps to dispose of securities”) applies for the purposes of subsection (2)(d)(ii) as if the reference to the securities were to the holding.
##### 95A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Relief for post-cessation expenditure
##### 109A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Change of residence
##### 110A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Expenses of insurance companies
### Limited liability partnerships
##### 118ZA
- (1) For corporation tax purposes, where a limited liability partnership carries on a trade, profession or other business with a view to profit—
- (a) all the activities of the partnership are treated as carried on in partnership by its members (and not by the partnership as such),
- (b) anything done by, to or in relation to the partnership for the purposes of, or in connection with, any of its activities is treated as done by, to or in relation to the members as partners, and
- (c) the property of the partnership is treated as held by the members as partnership property.
References in this subsection to the activities of the limited liability partnership are to anything that it does, whether or not in the course of carrying on a trade, profession or other business with a view to profit.
- (2) For all purposes, except as otherwise provided, in the Corporation Tax Acts—
- (a) references to a partnership include a limited liability partnership in relation to which subsection (1) above applies,
- (b) references to members of a partnership include members of such a limited liability partnership,
- (c) references to a company do not include such a limited liability partnership, and
- (d) references to members of a company do not include members of such a limited liability partnership.
- (3) Subsection (1) above continues to apply in relation to a limited liability partnership which no longer carries on any trade, profession or other business with a view to profit—
- (a) if the cessation is only temporary, or
- (b) during a period of winding up following a permanent cessation, provided—
- (i) the winding up is not for reasons connected in whole or in part with the avoidance of tax, and
- (ii) the period of winding up is not unreasonably prolonged,
but subject to subsection (4) below.
- (4) Subsection (1) above ceases to apply in relation to a limited liability partnership—
- (a) on the appointment of a liquidator or (if earlier) the making of a winding-up order by the court, or
- (b) on the occurrence of any event under the law of a country or territory outside the United Kingdom corresponding to an event specified in paragraph (a) above.
##### 118ZB
Section 118 has effect in relation to a member of a limited liability partnership as in relation to a limited partner, but subject to sections 118ZC and 118ZD.
##### 118ZC
- (1) Subsection (3) of section 118 does not have effect in relation to a member of a limited liability partnership.
- (2) But, for the purposes of . . . section 118, such a member’s contribution to a trade at any time (“*the relevant time*”) is the greater of—
- (a) the amount subscribed by it, and
- (b) the amount of its liability on a winding up.
- (3) The amount subscribed by a member of a limited liability partnership is the amount which it has contributed to the limited liability partnership as capital, less so much of that amount (if any) as—
- (a) it has previously, directly or indirectly, drawn out or received back,
- (b) it so draws out or receives back during the period of five years beginning with the relevant time,
- (c) it is or may be entitled so to draw out or receive back at any time when it is a member of the limited liability partnership, or
- (d) it is or may be entitled to require another person to reimburse to it.
- (4) The amount of the liability of a member of a limited liability partnership on a winding up is the amount which—
- (a) it is liable to contribute to the assets of the limited liability partnership in the event of the partnership's being wound up, and
- (b) it remains liable so to contribute for the period of at least five years beginning with the relevant time (or until the partnership is wound up, if that happens before the end of that period).
- “*overseas permanent establishment*” means a permanent establishment through which a company carries on a trade in a territory outside the United Kingdom; and
- “*permanent establishment*”—if there are arrangements having effect under section 788 in relation to the territory concerned that define the expression, has the meaning given by those arrangements, andif there are no such arrangements, or if they do not define the expression, has the meaning given by section 148 of the Finance Act 2003.
##### 806M
- (1) This section has effect for the purposes of section 806L and shall be construed as one with that section.
- (2) If, in any accounting period, a company ceases to have a particular overseas permanent establishment, the amount of any unrelieved foreign tax which arises in that accounting period in respect of the company’s income from that overseas permanent establishment shall, to the extent that it is not treated as mentioned in section 806L(2)(b), be reduced to nil (so that no amount arises which falls to be treated as mentioned in section 806L(2)(a)).
- (3) If a company—
- (a) at any time ceases to have a particular overseas permanent establishment in a particular territory (“*the old permanent establishment*”), but
- (b) subsequently again has an overseas permanent establishment in that territory (“*the new permanent establishment*”),
the old permanent establishment and the new permanent establishment shall be regarded as different overseas permanent establishments.
- (4) If, under the law of a territory outside the United Kingdom, tax is charged in the case of a company resident in the United Kingdom in respect of the profits of two or more of its overseas permanent establishments in that territory, taken together, then, for the purposes of—
- (a) section 806L, and
- (b) subsection (3) above,
those overseas permanent establishments shall be treated as if they together constituted a single overseas permanent establishment of the company.
- (5) Unrelieved foreign tax arising in respect of qualifying income from a particular overseas permanent establishment in any accounting period shall only be treated as mentioned in subsection (2) of section 806L on a claim.
- (6) Any such claim must specify the amount (if any) of the unrelieved foreign tax—
- (a) which is to be treated as mentioned in paragraph (a) of that subsection; and
- (b) which is to be treated as mentioned in paragraph (b) of that subsection.
- (7) A claim under subsection (5) above may only be made before the expiration of the period of—
- (a) six years after the end of the accounting period mentioned in that subsection, or
- (b) if later, one year after the end of the accounting period in which the foreign tax in question is paid.
##### 807A
- (1) This Part shall have effect for the purposes of corporation tax in relation to any company as if tax falling within subsection (2) below were to be disregarded.
- (2) Subject to subsection (2A) below, tax falls within this subsection in relation to a company to the extent that it is—
- (a) tax under the law of a territory outside the United Kingdom; and
- (b) is attributable, on a just and reasonable apportionment,
- (i) to interest accruing under a loan relationship at a time when the company is not a party to the relationship ; or
- (ii) to so much of a relevant payment as, on such an apportionment, is attributable to a time when the company is not a party to the derivative contract concerned.
- (2A) Tax attributable to interest accruing to a company under a loan relationship does not fall within subsection (2) above if—
- (a) at the time when the interest accrues, that company has ceased to be a party to that relationship by reason of having made the initial transfer under or in accordance with any repo or stock-lending arrangements relating to that relationship; and
- (b) that time falls during the period for which those arrangements have effect.
- (2B) Where, in the case of any share, section 523 of CTA 2009 (application of Part 5 of that Act to certain shares as rights under creditor relationship) applies in relation to a company for an accounting period, this section has effect—
- (a) in relation to a distribution in respect of the share as it has effect in relation to interest under a loan relationship, and
- (b) in relation to a distribution accruing in respect of the share at a time when the company does not (within the meaning of the section in question) hold the share as it applies in relation to interest accruing under a loan relationship at a time when the company is not a party to the loan relationship.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZD
- (1) Where amounts relating to a trade carried on by a member of a limited liability partnership are, in any one or more accounting periods, prevented from being given or allowed by section . . . 118 as it applies otherwise than by virtue of this section (the member's“total unrelieved loss”), subsection (2) applies in each subsequent accounting period in which—
- (a) the member carries on the trade as a member of the limited liability partnership, and
- (b) any of the member's total unrelieved loss remains outstanding.
- (2) Sections 393A(1) and 403 (and section 118 as it applies in relation to those sections) shall have effect in the subsequent accounting period as if—
- (a) any loss sustained or incurred by the member in the trade in that accounting period were increased by an amount equal to so much of the member's total unrelieved loss as remains outstanding in that period, or
- (b) (if no loss is so sustained or incurred) a loss of that amount were so sustained or incurred.
- (3) To ascertain whether any (and, if so, how much) of a member’s total unrelieved loss remains outstanding in the subsequent accounting period, deduct from the amount of the member's total unrelieved loss the aggregate of—
- (a) any relief given under any provision of the Corporation Tax Acts (otherwise than as a result of subsection (2)) in respect of the member's total unrelieved loss in that or any previous accounting period, and
- (b) any amount given or allowed in respect of the member's total unrelieved loss as a result of subsection (2) in any previous accounting period (or which would have been so given or allowed had a claim been made).
### Non-active general partners and non-active members of limited liability partnerships
##### 118ZE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amounts reversing expenses of management deducted: charge to tax
##### 118ZG
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZH
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 18ZJ
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZK
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Partnerships exploiting films
##### 118ZL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Partners: meaning of “contribution to the trade”
#### Levies and repayments under the Financial Services and Markets Act 2000.
##### 118ZN
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118ZO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chapter VIIA — Paying and collecting agents
##### 118A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 118K
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Levies and repayments under the Financial Services and Markets Act 2000.
##### 126A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 127A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 129A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 129B
- (1) The income which, as income deriving from investments of a description specified in any of the relevant provisions, is eligible for relief from tax by virtue of that provision shall be taken to include any relevant stock lending fee.
- (2) For the purposes of this section the relevant provisions are sections 613(4) and 614(3) and section 186 of the Finance Act 2004.
- (3) In this section “*relevant stock lending fee*”, in relation to investments of any description, means any amount, in the nature of a fee, which is payable in connection with any stock lending arrangement relating to investments which, but for any transfer under the arrangement, would be investments of that description.
- (4) In this section “*stock lending arrangement*” has the same meaning as in section 263B of the 1992 Act.
#### Payments to trustees of approved profit sharing schemes.
#### Conventional basis: general charge on receipts after discontinuance . . . .
#### Application of lower rate to company distributions.
##### 140A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 140H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Definitions.
##### 144A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 146A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 151A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 155ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 155ZB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 155AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 155A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cars available for private use.
##### 156A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 157A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 159AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 159AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 159AC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 159A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 161A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 161B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 168G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exceptions from tax.
#### Change of scheme employer.
##### 177A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 177B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Contributions in respect of share option gains
#### Exempt distributions: division of business
##### 187A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Removal expenses and benefits
##### 191A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 191B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 192A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Election by company paying dividend.
##### 197A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197AC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Mileage allowances
##### 197AD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197AE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Returns.
##### 197AF
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197AG
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197AH
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Mileage allowances
##### 197B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 197F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Sporting and recreational facilities
##### 197G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 198A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 200J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 201AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 201A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 202A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 202B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203FA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203FB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203K
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 203L
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 206A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 207A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### PAYE: payment by intermediary.
##### 209A
- (1) Subsection (3AA) of section 209 does not apply in relation to a security issued by a company (the “*issuing company*”) if the security is one which to a significant extent reflects dividends or other distributions in respect of, or fluctuations in the value of, shares in one or more companies each of which is—
- (a) the issuing company; or
- (b) an associated company of the issuing company;
but this subsection is subject to the following provisions of this section.
- (2) Subsection (1) above does not prevent subsection (3AA) of section 209 above from applying in relation to a security if—
- (a) the issuing company is a bank or securities house;
- (b) the security is issued by the issuing company in the ordinary course of its business; and
- (c) the security reflects dividends or other distributions in respect of, or fluctuations in the value of, shares in companies falling within paragraph (a) or (b) of subsection (1) above by reason only that the security reflects fluctuations in a qualifying index.
- (3) In subsection (2)(c) above “*qualifying index*” means an index whose underlying subject matter includes both—
- (a) shares in one or more companies falling within paragraph (a) or (b) of subsection (1) above, and
- (b) shares in one or more companies falling within neither of those paragraphs,
and which is an index such that the shares falling within paragraph (b) above represent a significant proportion of the market value of the underlying subject matter of the index.
- (4) In this section—
- “*bank*” has the meaning given by section 840A;
- “*securities house*” means any person—who is authorised for the purposes of the Financial Services and Markets Act 2000; andwhose business consists wholly or mainly of dealing in financial instruments as principal;and in paragraph (b) above “*financial instrument*” has the meaning given by section 984 of ITA 2007.
- (5) For the purposes of this section a company is an “*associated company*” of another at any time if at that time one has control of the other or both are under the control of the same person or persons.
- (6) For the purposes of subsection (5) above, “*control*”, in relation to a company, means the power of a person to secure—
- (a) by means of the holding of shares or the possession of voting power in or in relation to the company or any other company, or
- (b) by virtue of any powers conferred by the articles of association or other document regulating the company or any other company,
that the affairs of the company are conducted in accordance with his wishes.
- (7) There shall be left out of account for the purposes of subsection (6) above—
- (a) any shares held by a company, and
- (b) any voting power or other powers arising from shares held by a company,
if a profit on a sale of the shares would be treated as a trading receipt of a trade carried on by the company and the shares are not, within the meaning of Chapter 1 of Part 12, assets of an insurance company’s long-term insurance fund (see section 431(2)).
##### 209B
- (1) Subsection (3AA) of section 209 does not at any time apply in relation to a security issued by a company (the “*issuing company*”) if at that time, or any earlier time on or after 17th April 2002, there are or have been any hedging arrangements that relate to some or all of the company’s liabilities under the security.
- (2) Subsection (1) above does not prevent subsection (3AA) of section 209 from applying in relation to a security at any time if—
- (a) conditions 1 to 4 below are satisfied in relation to any such hedging arrangements at that time; and
- (b) at all earlier times on or after 17th April 2002 when there have been hedging arrangements that relate to some or all of the company’s liabilities under the security, conditions 1 to 4 below were satisfied in relation to those hedging arrangements.
- (3) Where subsection (3AA) of section 209 at any time ceases to apply in relation to a security by virtue of this section, subsection (2)(d) of that section shall have effect in relation to the security as from that time as it would have had effect if subsection (3AA) had never applied in relation to the security.
- (4) Condition 1 is that the hedging arrangements do not constitute, include, or form part of, any scheme or arrangement the purpose or one of the main purposes of which is the avoidance of tax (including stamp duty or stamp duty land tax).
- (5) Condition 2 is that the hedging arrangements are such that, where for the purposes of corporation tax a deduction in respect of the security falls to be made at any time by the issuing company, then at that time, or within a reasonable time before or after it, any amounts intended under the hedging arrangements to offset some or all of that deduction arise—
- (a) to the issuing company; or
- (b) to a company which is a member of the same group of companies as the issuing company.
- (6) Condition 3 is that the whole of every amount arising as mentioned in subsection (5) above is brought into charge to corporation tax—
- (a) by a company falling within paragraph (a) or (b) of that subsection, or
- (b) by two or more companies, taken together, each of which falls within paragraph (a) or (b) of that subsection.
- (7) Condition 4 is that for the purposes of corporation tax any deductions in respect of expenses of establishing or administering the hedging arrangements are reasonable, in proportion to the amounts required to be brought into charge to corporation tax by subsection (6) above.
- (8) For the purposes of this section “*hedging arrangements*”, in relation to a security, means any scheme or arrangement for the purpose, or for purposes which include the purpose, of securing that an amount of income or gain accrues, or is received or receivable, whether directly or indirectly, which is intended to offset some or all of the amounts which fall to be brought into account, in accordance with generally accepted accounting practice, in respect of amounts accruing or falling to be paid in accordance with the terms of the security.
- (9) Any reference in this section to two companies being members of the same group of companies is a reference to their being members of the same group of companies for the purposes of Chapter 4 of Part 10 of this Act (group relief).
##### 213A
- (1) A reference in the Corporation Tax Acts to distributions of a company shall not apply to a distribution if—
- (a) it is a distribution consisting of—
- (i) the transfer of part of a business by a company (“the distributing company”) to one or more other companies (“the transferee company or companies”), and
- (ii) the issue of shares by the transferee company or companies to the members of the distributing company, and
- (b) the requirements of either section 140A(1A) of the 1992 Act (division of UK business) or section 140C(1A) of that Act (division of non-UK business) are satisfied in relation to the distribution.
- (2) A distribution to which this section applies is an “*exempt distribution*” for the purposes of sections 214 to 217.
- (3) The expression “*relevant company*” in sections 214 to 217 includes the distributing company and the transferee company or companies.
### Industrial and provident society dividends etc
##### 230A
- (1) This section applies if—
- (a) a dividend or bonus is granted by a registered industrial and provident society, and
- (b) section 132 (deduction for dividends etc granted by industrial and provident societies) of CTA 2009 allows the sum representing the dividend or bonus to be deducted in calculating the profits of a trade.
- (2) The dividend, or the bonus, is not treated as a distribution for the purposes of the Corporation Tax Acts.
##### 231A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 231AA
- (1) A person shall not be entitled to a tax credit under section 231 . . . in respect of a qualifying distribution if—
- (a) he is the borrower under a stock lending arrangement or the lender under a creditor repo or creditor quasi-repo;
- (b) the qualifying distribution is, or is a payment representative of, a distribution in respect of securities to which the arrangement or repo in question relates; and
- (c) a manufactured dividend representative of that distribution is paid by that person in respect of securities to which the arrangement or repo in question relates.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this section “*stock lending arrangement*” has the same meaning as in section 263B of the 1992 Act and, in relation to any such arrangement, any reference to the borrower, or the securities to which the arrangement relates, shall be construed accordingly.
- (3) In this section “*creditor repo*” and “*creditor quasi-repo*” have the meaning given by Schedule 13 to the Finance Act 2007.
- (4) For the purposes of this section “*manufactured dividend*” has the same meaning as in paragraph 2 of Schedule 23A (and any reference to a manufactured dividend being paid accordingly includes a reference to a payment falling by virtue of section 736B(2) . . . to be treated for the purposes of Schedule 23A as if it were made).
- (5) For the purposes of this section a person is taken to have paid a manufactured dividend representative of a distribution in respect of securities to which a creditor repo relates if (as a result of paragraph 13(1) of Schedule 13 to the Finance Act 2007) the person is treated for the purposes of Chapter 9 of Part 15 of ITA 2007 as making a payment which is representative of the income payable on the securities.
##### 231AB
- (1) A person shall not be entitled to a tax credit under section 231 . . . in respect of a qualifying distribution if—
- (a) the person is the borrower under a debtor repo or debtor quasi-repo;
- (b) the qualifying distribution is a manufactured dividend paid to the borrower in consequence of that repo; and
- (c) the arrangement or arrangements in relation to that repo are not such that the actual dividend which the manufactured dividend represents is receivable otherwise than by the borrower under that repo.
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In this section “*debtor repo*” and “*debtor quasi-repo*” have the meaning given by Schedule 13 to the Finance Act 2007.
- (3) Subsection (4) of section 231AA applies for the purposes of this section as it applies for the purposes of that section.
##### 231B
- (1) This section applies in any case where—
- (a) a person (“A”) is entitled to a tax credit in respect of a qualifying distribution;
- (b) arrangements subsist such that another person (“B”) obtains, whether directly or indirectly, a payment representing any of the value of the tax credit;
- (c) the arrangements (whether or not made directly between A and B) were entered into for an unallowable purpose; and
- (d) the condition in subsection (2) below is satisfied.
- (2) The condition is that if B had been the person entitled to the tax credit and the qualifying distribution to which it relates, and had received the distribution when it was made, then—
- (a) B would not have been entitled to obtain any payment under section 231(2) or (3) in respect of the tax credit; and
- (b) if B is a company, B could not have used the income consisting of the distribution to frank a distribution actually made in the accounting period in which it would have received the distribution to which the tax credit relates.
- (3) This section does not apply if and to the extent that any other provision of the Tax Acts has the effect of cancelling or reducing the tax advantage which would otherwise be obtained by virtue of the arrangements.
- (4) Where this section applies—
- (a) no claim shall be made under section 231(2) for payment of the amount of the tax credit;
- (b) no claim shall be made under section 397(2) of ITTOIA 2005. . . in respect of the tax credit;
- (c) the income consisting of the distribution in respect of which A is entitled to the tax credit shall not be regarded for the purposes of section 241 as franked investment income; and
- (d) no claim shall be made under section 35 of the Finance (No. 2) Act 1997 (transitional relief) for payment of an amount determined by reference to that distribution.
- (5) For the purposes of this section, the question whether any arrangements were entered into for an “unallowable purpose” shall be determined in accordance with subsections (6) and (7) below.
- (6) Arrangements are entered into for an unallowable purpose if the purposes for which at least one person is a party to the arrangements include a purpose which is not amongst the business or other commercial purposes of that person.
- (7) Where one of the purposes for which a person enters into any arrangements is the purpose of securing that that person or another obtains a tax advantage, that purpose shall be regarded as a business or other commercial purpose of the person only if it is neither the main purpose, nor one of the main purposes, for which the person enters into the arrangements.
- (8) Any reference in this section to a person obtaining a tax advantage includes a reference to a person obtaining a payment representing any of the value of a tax credit in circumstances where, had the person obtaining the payment been entitled to the tax credit and the qualifying distribution to which it relates, that person—
- (a) would not have been entitled to obtain any payment under section 231(2) or (3) in respect of the tax credit; and
- (b) if that person is a company, could not have used the income consisting of the distribution to frank a distribution actually made in the accounting period in which it would have received the distribution to which the tax credit relates.
- (9) If an amount representing any of the value of a tax credit to which a person is entitled is applied at the direction of, or otherwise in favour of, some other person (whether by way of set off or otherwise), the case shall be treated for the purposes of this section as one where that other person obtains a payment representing any of the value of the tax credit.
- (10) In determining for the purposes of subsections (2)(b) and (8)(b) b above whether a company could have used the income consisting of the distribution in question to frank a distribution of the company, the company shall be taken to use its actual franked investment income to frank distributions before using the income consisting of the distribution in question.
- (11) References in this section to using franked investment income to frank a distribution of a company have the same meaning as in Chapter V of Part VI.
- (12) In this section—
- “*arrangements*” means arrangements of any kind, whether in writing or not (and includes a series of arrangements, whether or not between the same parties);
- “*business or other commercial purposes*” includes the efficient management of investments;
- “*franked investment income*” has the same meaning as in Chapter V of Part VI and references to income consisting of a distribution shall be construed accordingly;
- “*tax advantage*” has the meaning given by section 840ZA
#### Children’s tax credit.
##### 234A
- (1) This section applies where dividend or interest is distributed by a company which is—
- (a) a company within the meaning of the Companies Act 1985 or the Companies (Northern Ireland) Order 1986, or
- (b) a company created by letters patent or by or in pursuance of an Act.
- (2) If the company makes a payment of dividend or interest to any person, and subsection (3) below does not apply, within a reasonable period the company shall send an appropriate statement to that person.
- (3) If the company makes a payment of dividend or interest into a bank or building society account held by any person, within a reasonable period the company shall send an appropriate statement to either—
- (a) the bank or building society concerned, or
- (b) the person holding the account.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) In this section “*repo or stock-lending arrangements*” means—
- (a) a debtor repo within the meaning of Chapter 10 of Part 6 of CTA 2009 (see section 548 of that Act), or
- (b) a stock lending arrangement within the meaning of section 263B of the 1992 Act.
- (6B) In any case where a debtor repo within the meaning of that paragraph constitutes the repo or stock-lending arrangements—
- (a) a reference in this section, in relation to those arrangements, to the initial transfer is to the sale mentioned in condition C of that paragraph; and
- (b) a reference in this section, in relation to those arrangements, to the period for which they have effect is to the period from the making of the initial transfer until the earlier of the time when the subsequent purchase mentioned in condition D of that paragraph takes place and the time when it becomes apparent that that subsequent purchase will not take place.
- (6C) In any case where a stock lending arrangement within the meaning of section 263B of the 1992 Act constitutes the repo or stock-lending arrangements—
- (a) a reference in this section, in relation to those arrangements, to the initial transfer is to the transfer mentioned in subsection (1)(a) of that section; and
- (b) a reference in this section, in relation to those arrangements, to the period for which they have effect is to the period from the making of the initial transfer until the earlier of the time when the transfer mentioned in subsection (1)(b) of that section takes place and the time when it becomes apparent that that transfer will not take place.
- (7) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*relevant payment*” means a payment the amount of which falls to be determined (wholly or mainly) by applying to a notional principal amount specified in a derivative contract, for a period so specified, a rate the value of which at all times is the same as that of a rate of interest so specified;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 808A
- (1) Subsection (2) below applies where any arrangements having effect by virtue of section 788—
- (a) make provision, whether for relief or otherwise, in relation to interest (as defined in the arrangements), and
- (b) make provision (the special relationship provision) that where owing to a special relationship the amount of the interest paid exceeds the amount which would have been paid in the absence of the relationship, the provision mentioned in paragraph (a) above shall apply only to the last-mentioned amount.
- (2) The special relationship provision shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the loan would have been made at all in the absence of the relationship,
- (b) the amount which the loan would have been in the absence of the relationship, and
- (c) the rate of interest and other terms which would have been agreed in the absence of the relationship.
- (3) The special relationship provision shall be construed as requiring the taxpayer to show that there is no special relationship or (as the case may be) to show the amount of interest which would have been paid in the absence of the special relationship.
- (4) In a case where—
- (a) a statement is received by a person under subsection (2) or (3)(b) above,
- (b) the whole or part of the sum concerned is paid to or on behalf of the person as nominee for another person, and
- (c) the nominee makes a payment of the sum or part to the other person and subsection (5) below does not apply,
within a reasonable period the nominee shall send an appropriate statement to that person.
- (5) In a case where—
- (a) a statement is received by a person under subsection (2) or (3)(b) above,
- (b) the whole or part of the sum concerned is paid to or on behalf of the person as nominee for another person, and
- (c) the nominee makes a payment of the sum or part into a bank or building society account held by the other person,
within a reasonable period the nominee shall send an appropriate statement to either the bank or building society concerned or the other person.
- (6) In the case of a payment of interest which is not a qualifying distribution or part of a qualifying distribution, references in this section to an appropriate statement are to a written statement showing—
- (a) the gross amount which, after deduction of the income tax appropriate to the interest, corresponds to the net amount actually paid,
- (b) the rate and the amount of income tax appropriate to such gross amount,
- (c) the net amount actually paid, and
- (d) the date of the payment.
- (7) In the case of a payment of dividend or interest which is a qualifying distribution or part of a qualifying distribution, references in this section to an appropriate statement are to a written statement showing—
- (a) the amount of the dividend or interest paid,
- (b) the date of the payment, and
- (c) the amount of the tax credit to which a person is entitled in respect of the dividend or interest, or to which a person would be so entitled if he had a right to a tax credit in respect of the dividend or interest.
- (8) In this section “*send*” means send by post.
- (8A) In this section “*bank*” has the meaning given by section 840A.
- (9) If a person fails to comply with subsection (2), (3), (4) or (5) above, the person shall incur a penalty of £60 in respect of each offence, except that the aggregate amount of any penalties imposed under this subsection on a person in respect of offences connected with any one distribution of dividends or interest shall not exceed £600.
- (10) The Board may by regulations provide that where a person is under a duty to comply with subsection (2), (3), (4) or (5) above, the person shall be taken to comply with the subsection if the person either—
- (a) acts in accordance with the subsection concerned, or
- (b) acts in accordance with rules contained in the regulations;
and subsection (9) above shall be construed accordingly.
- (11) Regulations under subsection (10) above may make different provision for different circumstances.
##### 245A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 245B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Chapter VA — Foreign Income Dividends
### Election by company paying dividend
#### Married couple's allowance (post-5th December 2005 marriages and civil partnerships etc.)
##### 246A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Recipient of foreign income dividend
##### 246C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Companies: payments and receipts
##### 246E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Foreign source profit and distributable foreign profit
##### 246I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Matching of dividend with distributable foreign profit
##### 246J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246K
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246L
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246M
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Repayment or set-off of advance corporation tax
##### 246N
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246P
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246Q
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246R
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### International headquarters companies
##### 246S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246T
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246U
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246V
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 246W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Adjustments
##### 246X
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Application of this Chapter
##### 246Y
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Elections as to transfer of relief under section 257A or 257AB.
### Approved share incentive plans
##### 251A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 251B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 251C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transitional relief: husband with excess allowances.
##### 251D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 256A
- (1) For the purposes of this Chapter an individual's adjusted net income for a year of assessment is calculated as follows.
*Step 1*
Take the amount of the individual's net income for the year of assessment.
*Step 2*
If in the year of assessment the individual makes, or is treated under section 426 of ITA 2007 as making, a gift that is a qualifying donation for the purposes of Chapter 2 of Part 8 of that Act (gift aid) deduct the grossed up amount of the gift.
*Step 3*
If the individual is given relief in accordance with section 192 of FA 2004 (relief at source) in respect of any contribution paid in the year of assessment under a pension scheme, deduct the gross amount of the contribution.
*Step 4*
Add back any relief under section 266 of this Act given by virtue of subsection (7) of that section (payments for life insurance etc) that was deducted in calculating the individual's net income for the year of assessment.
The result is the individual's adjusted net income for the year of assessment.
- (2) The grossed up amount of a gift is the amount of the gift grossed up by reference to the basic rate for the year of assessment.
- (3) The gross amount of a contribution is the amount of the contribution before deduction of tax under section 192(1) of FA 2004.
##### 256B
In this Chapter “*the minimum amount*” means £2,350.
##### 257AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) If the claimant is, for the whole or any part of the year of assessment, a married man whose wife is living with him and whose marriage was entered into before 5th December 2005, and either of them was born before 6th April 1935, he shall (subject to subsection (3A) below) be entitled for that year to a tax reduction calculated by reference to £2,665 . . . .
- (3) If the claimant is, for the whole or any part of the year of assessment, a married man whose wife is living with him and whose marriage was entered into before 5th December 2005, and either of them
- (a) is at any time within that year of the age of 75 or upwards, and
- (b) was born before 6th April 1935,
he shall (subject to subsection (3A) below) be entitled for that year to a tax reduction calculated by reference to £2,705 (instead of to the reduction provided for by subsection . . . (2) above).
- (3A) Subsections (2) and (3) above shall not apply in relation to the claimant for any year of assessment if an election made by the claimant and his wife under section 257AB(1)(c) has effect for that year.
- (4) For the purposes of subsection (3) above a person who would have been of or over the age of 75 within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
- (5) In relation to a claimant whose adjusted net income for the year of assessment exceeds £12,300, subsections (2) and (3) above shall apply as if the amounts specified in them were reduced by—
- (a) one half of the excess, less
- (b) any reduction made in his allowance under section 257 by virtue of subsection (5) of that section,
. . .
- (5A) The amounts specified in subsections (2) and (3) above shall not by virtue of subsection (5) above be treated as reduced below the minimum amount.
- (6) A man shall not be entitled by virtue of this section to more than one tax reduction for any year of assessment; and in relation to a claim by a man who becomes married in the year of assessment and has not previously in the year been entitled to relief under this section, this section shall have effect as if the amounts specified in subsections (2) and (3) above were reduced by one twelfth for each month of the year ending before the date of the marriage.
- In this subsection “*month*” means a month beginning with the 6th day of a month of the calendar year.
- (6A) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257AB
- (1) This section applies if —
- (a) the claimant is, for the whole or any part of the year of assessment, living with his spouse or civil partner,
- (b) either the claimant or his spouse or civil partner was born before 6th April 1935,
- (c) the marriage or civil partnership was entered into on or after 5th December 2005 or, if the marriage was entered into before that date, an election for this section to apply has effect for that year, and
- (d) the claimant's net income for that year exceeds that of his spouse or civil partner or, if they have the same amount of net income for that year, the claimant is specified in an election as the person to be entitled to relief under this section for that year.
- (2) The claimant shall be entitled for that year to a tax reduction—
- (a) calculated by reference to £5,975 (if either the claimant or his spouse or civil partner is at any time within that year of the age of 75 or upwards), or
- (b) calculated by reference to £5,905 (in any other case).
- (3) For the purposes of subsection (2)(a) above an individual who would have been of or over the age of 75 within the year of assessment if he had not died in the course of it shall be treated as having been of that age within that year.
- (4) In relation to a claimant whose adjusted net income for the year of assessment exceeds £19,500, subsection (2) above applies as if the amounts specified in it were reduced by—
- (a) one half of the excess, less
- (b) any reduction made in his allowance under section 257 by virtue of subsection (5) of that section.
- (5) The amounts specified in subsection (2) above shall not by virtue of subsection (4) above be treated as reduced below the minimum amount.
- (6) An individual shall not be entitled by virtue of this section to more than one tax reduction for any year of assessment.
- (7) In relation to a claim by an individual who —
- (a) becomes a spouse or civil partner in the year of assessment, and
- (b) has not previously in the year been entitled to relief under this section,
this section shall have effect as if the amounts specified in subsection (2) above were reduced by one twelfth for each month of the year ending before the date of the marriage or civil partnership.
- In this subsection “*month*” means a month beginning with the 6th day of a month of the calendar year.
- (8) An election under subsection (1)(c) —
- (a) shall be made jointly by the parties to the marriage,
- (b) shall be made before the first year of assessment for which it is to have effect,
- (c) shall have effect for that and each succeeding year of assessment for which any party to the marriage is entitled to relief under this section, and
- (d) shall be irrevocable.
- (9) An election under subsection (1)(d) —
- (a) shall be made jointly by the parties to the marriage or civil partnership, and
- (b) shall be made on or before the 5th anniversary of the 31st January next following the end of the year of assessment to which the election relates.
- (10) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
#### Qualifying policies.
##### 257BA
- (1) An individual may elect that for any year of assessment for which the individual's spouse or civil partner is entitled to a tax reduction under section 257A or 257AB—
- (a) the individual shall be entitled (on making a claim) to a tax reduction calculated by reference to half the minimum amount, and
- (b) the spouse or civil partner's appropriate amount shall be reduced by half the minimum amount.
- (2) An individual and the individual's spouse or civil partner may jointly elect that for any year of assessment for which the individual is entitled to a tax reduction under section 257A or 257AB—
- (a) the individual's spouse or civil partner shall be entitled (on making a claim) to a tax reduction calculated by reference to the minimum amount, and
- (b) the individual's appropriate amount shall be reduced by the minimum amount.
- (3) An individual may elect that for any year of assessment for which the individual's spouse or civil partner is entitled to a tax reduction by virtue of an election under subsection (2) above—
- (a) the individual shall be entitled (on making a claim) to a tax reduction calculated by reference to half the minimum amount (in addition to any tax reduction to which the individual is already entitled under section 257A or 257AB), and
- (b) the tax reduction to which the spouse or civil partner is entitled by virtue of that election shall be calculated by reference to half the minimum amount (instead of by reference to the minimum amount).
- (3A) In this section “*the appropriate amount*” means the amount by reference to which the calculation of the tax reduction is to be made.
- (4) An election under this section shall be made by giving notice to the inspector in such form as the Board may determine and—
- (a) subject to subsections (5) and (7) below, shall be made before the first year of assessment for which it is to have effect, and
- (b) shall have effect for that and each succeeding year of assessment for which the individual concerned is entitled to relief under section 257A or 257AB, subject to its withdrawal under subsection (8) below or a subsequent election under this section.
- (5) An election may be made during the first year of assessment for which it is to have effect if that is the year of assessment in which the marriage or civil partnership takes place.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) An election may be made within the first thirty days of the first year of assessment for which it is to have effect if before that year the inspector has been given written notification that it is intended to make the election.
- (8) The person or persons by whom an election was made may withdraw it by giving notice to the inspector in such form as the Board may determine; but the withdrawal shall not have effect until the year of assessment after the one in which the notice is given.
- (9) An individual shall not be entitled by virtue of an election under this section to more than one tax reduction for any year of assessment.
- (10) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
##### 257BB
- (1) Where—
- (a) an individual is entitled to a tax reduction under section 257A or 257AB, but
- (b) the amount of the tax reduction to which the individual is entitled is greater than the individual's comparable tax liability,
the individual's spouse or civil partner shall be entitled (in addition to any tax reduction to which that spouse or civil partner is entitled by virtue of an election under section 257BA) to a tax reduction equal to the unused part of the individual's MCA tax reductions.
- (1A) The individual's MCA tax reductions are the sum of—
- (a) the tax reduction to which the individual is entitled under section 257A or 257AB, and
- (b) any tax reduction to which the individual is entitled by virtue of an election under section 257BA(3).
- (1B) The unused part of the individual's MCA tax reductions is equal to—
- (a) the individual's MCA tax reductions, less
- (b) the individual's comparable tax liability.
- (2) Subsection (1) above shall not apply for a year of assessment unless the claimant’s spouse or civil partner gives notice to the inspector that it is to apply.
- (3) Where—
- (a) an individual is entitled to a tax reduction by virtue of an election under section 257BA, but
- (b) the amount of the tax reduction to which the individual is entitled is greater than the individual's comparable tax liability,
the individual's spouse or civil partner shall be entitled (in addition to any tax reduction to which that spouse or civil partner is entitled by virtue of section 257A or 257AB) to a tax reduction equal to the unused part of the individual's tax reduction.
- (3AA) The unused part of the individual's tax reduction is equal to—
- (a) the tax reduction to which the individual is entitled by virtue of the election under section 257BA, less
- (b) the individual's comparable tax liability.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Subsection (3) above shall not apply for a year of assessment unless the claimant’s spouse or civil partner gives notice to the inspector that it is to apply.
- (5) Any notice under subsection (2) or (4) above—
- (a) shall be given on or before the fifth anniversary of the 31st January next following the end of the year of assessment to which it relates,
- (b) shall be in such form as the Board may determine, and
- (c) shall be irrevocable.
- (5A) For the purposes of this section, the comparable tax liability of an individual is the amount of the individual's tax left after Step 6 of the calculation in section 23 of ITA 2007, making that calculation with the modifications set out in subsections (5B) and (5C).
- (5B) In making that calculation, do not deduct any tax reduction under—
- (a) section 788 (double taxation arrangements: relief by agreement), or
- (b) section 790(1) (relief for foreign tax where there are no double taxation arrangements).
- (5C) If the individual's entitlement to a tax reduction under section 257A, 257AB, 257BA or this section is extinguished under section 423(4) of ITA 2007 (gift aid: restriction of reliefs) to any extent, deduct from the amount calculated in accordance with subsections (5A) and (5B) the amount by which the tax reduction is reduced.
- (5D) For the purposes of this section a person is treated as being entitled to a tax reduction under section 788 if the person is entitled to credit against income tax under arrangements which have effect under that section.
- (5E) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257B
- (1) Where—
- (a) a man is entitled to relief under section 257A, but
- (b) the amount which he is entitled to deduct from his total income by virtue of that section exceeds what is left of his total income after all other deductions have been made from it,
his wife shall be entitled to a deduction from her total income of an amount equal to the excess.
- (2) In determining for the purposes of subsection (1)(b) above the amount that is left of a person’s total income for a year of assessment after other deductions have been made from it, there shall be disregarded any deduction made—
- (a) on account of any payments of relevant loan interest which become due in that year and to which section 369 applies, or
- (b) under section 289 or
- (c) on account of any payments to which section 593(2) or 639(3) applies,or
- (d) on account of any payments to which section 54(5) of the Finance Act 1989 applies.
, or
- (e) on account of any payments to which section 32(4) of the Finance Act 1991 applies.
- (3) This section shall not apply for a year of assessment unless the claimant’s husband has given to the inspector written notice that it is to apply; and any such notice—
- (a) shall be given not later than six years after the end of the year of assessment to which it relates,
- (b) shall be in such form as the Board may determine, and
- (c) shall be irrevocable.
##### 257C
- (1) If the retail prices index for the month of September preceding a year of assessment is higher than it was for the previous September, then, unless Parliament otherwise determines, sections 256B, 257. . . , 257A and 257AB shall apply for that year as if for each amount specified in them as they applied for the previous year (whether by virtue of this section or otherwise) there were substituted an amount arrived at by increasing the amount for the previous year by the same percentage as the percentage increase in the retail prices index, and—
- (a) if in the case of an amount specified in sections 257(5) , 257A(5) and 257AB(4) the result is not a multiple of £100, rounding it up to the nearest amount which is such a multiple;
- (b) if in the case of any other amount the increase is not a multiple of £10, rounding the increase up to the nearest amount which is such a multiple.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) Subsection (1) above shall not require any change to be made in the amounts deductible or repayable under PAYE regulations during the period beginning with 6th April and ending with 17th May in the year of assessment.
- (3) The Treasury shall in each year of assessment make an order specifying the amounts which by virtue of subsection (1) above will be treated as specified for the following year of assessment in sections 256B, 257. . . , 257A and 257AB.
- (4) *This section shall have effect in relation to reliefs for the year* 1990-91 (*as well as for later years*);*and for that purpose it shall be assumed that sections* 257*and* 257A*applied for the year* 1989-90*as they apply, apart from this section, for the year* 1990-91.
##### 257D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 257F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 261A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 266A
- (1) This section applies if—
- (a) pursuant to an employer-financed retirement benefits scheme, the employer in any year of assessment pays a sum with a view to the provision of any relevant benefits for or in respect of any employee of that employer, and
- (b) the payment is made under such an insurance or contract as is mentioned in section 266.
This section applies whether or not the accrual of the relevant benefits is dependent on any contingency.
- (2) Relief, if not otherwise allowable, shall be given to that employee under section 266 in respect of the payment to the extent, if any, to which such relief would have been allowable to him if—
- (a) the payment had been made by him, and
- (b) the insurance or contract under which the payment is made had been made with him.
- (3) For the purposes of subsection (1)(a) benefits are provided in respect of an employee if they are provided for the employee’s spouse, widow or widower, children, dependants or personal representatives.
- (4) If a sum within subsection (1) is paid with a view to the provision of benefits for or in respect of more than one employee of the employer, part of it is to be treated as paid for or in respect of each of them.
- (5) The amount treated as paid for or in respect of each employee is—
$$A×BC$where—A is the sum paid,B is the amount which would have had to be paid to secure the benefits to be provided for or in respect of the employee in question, andC is the total amount which would have had to be paid to secure the benefits to be provided for or in respect of all the employees if separate payments had been made in the case of each of them.$
- (6) This section does not apply if—
- (a) in the year of assessment in which the sum is paid the earnings from the employee’s employment are (or, if there are none, would be if there were any) earnings charged on remittance, or
- (b) the employee is not domiciled in the United Kingdom in the tax year in which the sum is paid and the conditions in subsection (7) are met.
- (7) Those conditions are—
- (a) that the employment is with a foreign employer, and
- (b) that, on a claim made by the employee, the Board are satisfied that the pension scheme corresponds to a registered pension scheme.
- (8) In subsection (6)(a) “*earnings charged on remittance*” means earnings which are taxable earnings under—
- (a) section 22 of ITEPA 2003 (chargeable overseas earnings for year when employee resident and ordinarily resident, but not domiciled, in UK), or
- (b) section 26 of that Act (foreign earnings for year when employee resident, but not ordinarily resident, in UK).
- (9) In this section—
- “*employer-financed retirement benefits scheme*”, and
- “*relevant benefits*”,
- have the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act).
#### Supplementary provisions.
##### 282A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 282B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Further interpretation of sections 135 to 139.
##### 289A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 289B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 290A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Credit-tokens.
##### 291A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 291B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 299A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 299B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 300A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 301A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 303AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conditional acquisition of shares.
##### 303A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Aggregation of wife’s income with husband’s.
##### 304A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 305A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provisions supplementary to section 138.
#### Approved profit sharing schemes.
##### 326A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326BB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 326D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 327A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Relief for contributions in respect of share option gains.
##### 329AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 329C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 331A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 332A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 333A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 333B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 338B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 337A
- (1) For the purposes of corporation tax, subject to any provision of the Corporation Tax Acts expressly authorising a deduction—
- (a) a company’s profits shall be computed without any deduction in respect of dividends or other distributions, and
- (b) a company’s income from any source shall be computed without any deduction in respect of charges on income.
- (2) In computing a company’s income from any source for the purposes of corporation tax—
- (a) no deduction shall be made in respect of interest except in accordance with Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships); and
- (b) no deduction shall be made in respect of losses from intangible fixed assets within Schedule 29 to the Finance Act 2002 except in accordance with that Schedule.
##### 338A
- (1) This section defines what payments or other amounts are “*charges on income*” for the purposes of corporation tax.
This section has effect subject to any express exceptions in the Corporation Tax Acts.
- (2) Subject to the following provisions of this section, the following (and only the following) are charges on income—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) qualifying donations within the meaning of section 339 (qualifying donations to charity);
- (c) amounts allowed as charges on income under section 587B(2)(a)(ii) (gifts of shares etc to charity).
- (3) No payment that is deductible in computing profits or any description of profits for the purposes of corporation tax shall be treated as a charge on income.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 339A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 342A
- (1) In this section—
- (a) references to the relevant event, in relation to a company in administration, are references—
- (i) to the administrator sending a notice in respect of the company under paragraph 84(1) of Schedule B1 to the Insolvency Act 1986 (company moving from administration to dissolution), or
- (ii) in the case of a company which enters administration otherwise than under that Act, to the doing of any other act for a like purpose, and
- (b) references to a company’s final year are references to the financial year in which the relevant event occurs, and references to the company’s penultimate year are references to the last financial year preceding its final year.
- (2) Subject to subsections (3) and (4)—
- (a) corporation tax shall be charged on the profits of the company arising in the administration in its final year at the rate of corporation tax fixed or proposed for the penultimate year, but
- (b) where the corporation tax charged on the company’s income included in those profits falls to be calculated or reduced in accordance with section 13, it shall be so calculated or reduced in accordance with such rate or fraction fixed or proposed for the penultimate year as is applicable under that section.
- (3) If, before the relevant event, any of the rates or fractions mentioned in subsection (2) has been fixed or proposed for the final year, that subsection shall have effect in relation to that rate or fraction as if for the references to the penultimate year there were substituted references to the final year.
- (4) If, in the case of the company’s final accounting period, the income (if any) which consists of interest received or receivable by the company under section 826 does not exceed £2,000, that income shall not be subject to corporation tax.
- (5) In subsection (4) “*the company’s final accounting period*” means the last accounting period of the company before the relevant event.
- (6) An assessment on the company’s profits for an accounting period in which the company is in administration shall not be invalid because made before the end of the accounting period.
- (7) In making an assessment after the company enters administration and before the date of the relevant event, the administrator may act on an assumption as to when that date will fall so far as it governs section 12(3).
- (8) The assumption of the wrong date shall not alter the company’s final and penultimate year and, if the right date is later—
- (a) an accounting period shall end on the date assumed and a new accounting period shall begin, and
- (b) thereafter, section 12(3) shall apply as if the company had entered administration at the beginning of that new accounting period.
- (9) Subsections (7) and (9) of section 342 apply in relation to this section as they apply in relation to that section, except that in subsection (7) of that section the reference to the completion of the winding up is to be read as a reference to the relevant event.
- (10) Where the company entered administration before its final year, paragraphs (a) and (b) of subsection (2) (but not subsection (3)) apply in relation to the company’s profits arising at any time in its penultimate year.
#### Transfers of trade to obtain balancing allowances
#### P.A.Y.E.: meaning of payment.
##### 343ZA
- (1) This section applies where—
- (a) a company (“the predecessor”) ceases to carry on a trade,
- (b) another company (“*the successor*”) begins to carry on the activities of that trade as its trade or as part of its trade,
- (c) in the accounting period in which the predecessor ceases to carry on the trade the predecessor would (apart from this section) be entitled under Part 2 of the Capital Allowances Act to a balancing allowance in respect of the trade, and
- (d) the predecessor's ceasing to carry on the trade is part of a scheme or arrangement the main purpose, or one of the main purposes, of which is to entitle the predecessor to that balancing allowance.
- (2) This section also applies where—
- (a) a company (“the predecessor”) ceases to carry on part of a trade,
- (b) another company (“*the successor*”) begins to carry on the activities of that part of the trade as its trade or as part of its trade, and
- (c) the predecessor's ceasing to carry on the part of the trade mentioned in paragraph (a) is part of a scheme or arrangement the main purpose, or one of the main purposes, of which is to entitle the predecessor, on cessation of the trade, to a balancing allowance in respect of the trade under Part 2 of the Capital Allowances Act.
- (3) This section does not apply where section 343 applies.
- (4) Where this section applies, the Corporation Tax Acts have effect subject to section 343(2), but as if the words “and are subject to section 343A (company reconstructions involving business of leasing plant or machinery)” were omitted.
- (5) Where this section applies because of subsection (1), and the successor carries on the activities of the trade the predecessor ceased to carry on as part of the successor's trade, for the purposes of section 343(2) that part of the successor's trade is to be treated as a separate trade carried on by the successor.
- (6) Where this section applies because of subsection (2), for the purposes of section 343(2)—
- (a) that part of the trade which the predecessor ceased to carry on is to be treated as a separate trade carried on by the predecessor, and
- (b) where the successor carries on the activities of that part of the trade as part of its trade, that part of the successor's trade is to be treated as a separate trade carried on by the successor.
- (7) Where subsection (5) or (6) applies, such apportionment of receipts, expenses, assets and liabilities is to be made as may be just.
- (8) Section 343(10) applies to an apportionment under subsection (7) as it applies to an apportionment under section 343(9).
##### 343A
- (1) This section applies if the trade is or forms part of a business of leasing plant or machinery which the predecessor or the successor carries on on the day of cessation.
- (2) If, on the day of cessation, both the predecessor and the successor carry on the trade otherwise than in partnership, section 343(2) does not apply unless—
- (a) the principal company or companies of the predecessor immediately before the cessation are the same as the principal company or companies of the successor immediately afterwards, and
- (b) if any such principal company is a consortium principal company, the relevant fraction in relation to the predecessor immediately before the cessation is the same as the relevant fraction in relation to the successor immediately afterwards (irrespective of whether the members of each consortium are the same).
- (3) If, on the day of cessation, the predecessor or the successor carries on the trade in partnership, section 343(2) does not apply unless—
- (a) the predecessor ceases to carry on the whole of its trade, and
- (b) that trade is a business of leasing plant or machinery which the predecessor carries on in partnership on the day of cessation.
- (4) In any case where section 343(2) does not apply as a result of this section, the plant or machinery belonging to the trade shall be treated for the purposes of the Corporation Tax Acts as sold by the predecessor to the successor on the day of the cessation for an amount equal to its market value as at that day.
- (5) In this section—
- “business of leasing plant or machinery”—has the same meaning as in Part 2 of Schedule 10 to the Finance Act 2006 (sale etc of lessor companies etc) (if the business is carried on otherwise than in partnership), andhas the same meaning as in Part 3 of that Schedule (if the business is carried on in partnership),
- “*consortium principal company*” means a company which is a principal company as a result of paragraph 12 of that Schedule,
- “*market value*”, in relation to plant or machinery, is to be construed in accordance with paragraph 41(8) of that Schedule,
- “*plant or machinery*” has the same meaning as in Part 2 of the Capital Allowances Act,
- “*principal company*” is to be construed in accordance with paragraph 11 or (as the case may be) 12 of Schedule 10 to the Finance Act 2006, and
- “*relevant fraction*” has the same meaning as in paragraph 12 of that Schedule.
#### Relevant loan interest.
#### Interest which never has been relevant loan interest etc.
#### Section 209(3AA): link to shares of company or associated company
##### 347A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 347B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### No tax credit for borrower under stock lending arrangement or interim holder under repurchase agreement.
##### 349ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Information relating to distributions.
##### 349B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 349E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 350A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 356D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule A losses.
##### 357A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 357B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 357C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 360A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Procedure for making election.
#### Returns.
##### 367A
- (1) Sections 353 and 365 have effect as if—
- (a) purchase and resale arrangements involved the making of a loan, and
- (b) alternative finance return were interest.
- (2) Section 366 has effect accordingly.
- (3) In this section—
- “*alternative finance return*” has the meaning given in sections 564I to 564L of ITA 2007, and
- “*purchase and resale arrangements*” means arrangements to which section 564C of ITA 2007 applies.
#### Interpretation of Part VI.
##### 374A
- (1) This section applies where, in the case of any loan, interest on the loan never has been relevant loan interest or the borrower never has been a qualifying borrower.
- (2) Without prejudice to subsection (3) below, in relation to a payment of interest—
- (a) as respects which either of the conditions mentioned in paragraphs (a) and (b) of section 374(1) is fulfilled, and
- (b) from which a deduction was made as mentioned in section 369(1),
section 369 shall have effect as if the payment of interest were a payment of relevant loan interest made by a qualifying borrower.
- (3) Nothing in subsection (2) above shall be taken as regards the borrower as entitling him to make any deduction or to retain any amount deducted and, accordingly, where any amount has been deducted, he shall be liable to make good that amount and an officer of the Board may make such assessments as may in his judgment be required for recovering that amount.
- (4) The Management Act shall apply to an assessment under subsection (3) above as if it were an assessment to income tax for the year of assessment in which the deduction was made . . . .
- (5) If the borrower fraudulently or negligently makes any false statement or representation in connection with the making of any deduction, he shall be liable to a penalty not exceeding the amount deducted.
##### 375A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 376A
- (1) The Board shall maintain, and publish in such manner as they consider appropriate, a register for the purposes of section 376(4).
- (1A) The following are entitled to be registered—
- (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000—
- (i) to accept deposits; or
- (ii) to effect or carry out contracts of general insurance;
- (b) a 90 per cent subsidiary of a person mentioned in—
- (i) section 376(4)(e); or
- (ii) paragraph (a) above;
- (c) any other body whose activities and objects appear to the Board to qualify it for registration.
- (2) If the Board are satisfied that an applicant for registration is entitled to be registered, they may register the applicant generally or in relation to any description of loan specified in the register, with effect from such date as may be so specified; and a body which is so registered shall become a qualifying lender in accordance with the terms of its registration.
- (3) The registration of any body may be varied by the Board—
- (a) where it is general, by providing for it to be in relation to a specified description of loan, or
- (b) where it is in relation to a specified description of loan, by removing or varying the reference to that description of loan,
and where they do so, they shall give the body written notice of the variation and of the date from which it is to have effect.
- (4) If it appears to the Board at any time that a body which is registered under this section would not be entitled to be registered if it applied for registration at that time, the Board may by written notice given to the body cancel its registration with effect from such date as may be specified in the notice.
- (5) The date specified in a notice under subsection (3) or (4) above shall not be earlier than the end of the period of 30 days beginning with the date on which the notice is served.
- (6) Any body which is aggrieved by the failure of the Board to register it under this section, or by the variation or cancellation of its registration, may, by notice given to the Board before the end of the period of 30 days beginning with the date on which the body is notified of the Board’s decision, require the matter to be determined by the Special Commissioners; and the Special Commissioners shall thereupon hear and determine the matter in like manner as an appeal.
### Losses from UK property business or overseas property business
##### 379A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 379B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transactions in deposits with and without certificates or in debts.
##### 384A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Losses from Schedule A business or overseas property business
##### 392A
- (1) Where a company incurs a Schedule A loss in an accounting period, the loss shall be set off for the purposes of corporation tax against the company’s total profits for that period.
- (2) To the extent that a company’s Schedule A loss cannot be set off under subsection (1), it shall, if the company continues to carry on the Schedule A business in the succeeding accounting period, be carried forward to that period and be treated for the purposes of this section as a Schedule A loss of that period.
- (3) Where a company with investment business—
- (a) ceases to carry on a Schedule A business, but
- (b) continues to be a company with investment business,
any Schedule A loss that cannot be used under the preceding provisions shall be carried forward to the succeeding accounting period and be treated for the purposes of section 75 as if it were expenses of management deductible for that period.
- (4) In this section—
- (a) a “*Schedule A loss*” means a loss incurred by a company in a Schedule A business carried on by it; and
- (b) “*company with investment business*” has the same meaning as in Part IV.
- (5) The preceding provisions of this section apply to a Schedule A business only to the extent that it is carried on—
- (a) on a commercial basis, or
- (b) in the exercise of statutory functions.
- (6) For the purposes of subsection (5)(a)—
- (a) a business or part is not carried on on a commercial basis unless it is carried on with a view to making a profit, but if it is carried on so as to afford a reasonable expectation of profit it is treated as carried on with a view to making a profit; and
- (b) if there is a change in the manner in which a business or part is carried on, it is treated as having been carried on throughout an accounting period in the way in which it was being carried on by the end of the period.
- (7) In subsection (5)(b) “*statutory functions*” means functions conferred by or under any enactment (including an enactment contained in a local or private Act).
##### 392B
- (1) Where in any accounting period a company incurs a loss in an overseas property business (whether carried on by it solely or in partnership)—
- (a) the loss shall be carried forward to the succeeding accounting period and set against any profits of the business for that period,
- (b) if there are no profits of the business for that period, or if the profits for that period are exceeded by the amount of the loss, the loss or the remainder of it shall be carried forward again and set against any profits of the business for the next succeeding accounting period,
and so on.
- (2) Subsections (5) to (7) of section 392A apply in relation to relief under subsection (1) above and an overseas property business as they apply in relation to relief under section 392A(1) to (3) and a Schedule A business.
##### 393A
- (1) Subject to section 492(3), where in any accounting period ending on or after 1st April 1991 a company carrying on a trade incurs a loss in the trade, then, subject to subsection (3) below, the company may make a claim requiring that the loss be set off for the purposes of corporation tax against profits (of whatever description)—
- (a) of that accounting period, and
- (b) if the company was then carrying on the trade and the claim so requires, of preceding accounting periods falling wholly or partly within the period specified in subsection (2) below;
and, subject to that subsection and to any relief for an earlier loss, the profits of any of those accounting periods shall then be treated as reduced by the amount of the loss, or by so much of that amount as cannot be relieved under this subsection against profits of a later accounting period.
- (2) The period referred to in paragraph (b) of subsection (1) is (subject to subsection (2A) below) the period of twelve months immediately preceding the accounting period in which the loss is incurred; but the amount of the reduction that may be made under that subsection in the profits of an accounting period falling partly before the beginning of that period shall not exceed a part of those profits proportionate to the part of the accounting period falling within that period.
- (2A) This section shall have effect in relation to any loss to which this subsection applies as if, in subsection (2) above, the words “three years” were substituted for the words “twelve months”.
- (2B) Where a company ceases to carry on a trade at any time, subsection (2A) above applies to the following—
- (a) the whole of any loss incurred in that trade by that company in an accounting period beginning twelve months or less before that time; and
- (b) the part of any loss incurred in that trade by that company in an accounting period ending, but not beginning, in that twelve months which is proportionate to the part of that accounting period falling within those twelve months.
- (2C) Where—
- (a) a loss is incurred by a company in a ring fence trade carried on by that company, and
- (b) the accounting period in which the loss is incurred is an accounting period for which an allowance under section 164 of the Capital Allowances Act (general decommissioning expenditure incurred before cessation of ring fence trade) is made to that company,
subsection (2A) above applies to so much of the amount of that loss not falling within subsection (2B) above as does not exceed the amount of that allowance.
- (2D) Section 393B makes further provision about setting off losses in cases where subsection (2C) applies.
- (3) Subsection (1) above shall not apply to trades falling within Case V of Schedule D; and a loss incurred in a trade in any accounting period shall not be relieved under that subsection unless—
- (a) the trade is one carried on in the exercise of functions conferred by or under any enactment (including an enactment contained in a local or private Act), or
- (b) for that accounting period the trade was being carried on on a commercial basis and with a view to the realisation of gain in the trade or in any larger undertaking of which the trade formed part;
but this subsection is without prejudice to section 397.
- (4) For the purposes of subsection (3) above—
- (a) where at any time a trade is carried on so as to afford a reasonable expectation of gain, it shall be treated as being carried on at that time with a view to the realisation of gain; and
- (b) where in an accounting period there is a change in the manner in which a trade is being carried on, it shall be treated as having throughout the accounting period been carried on in the way in which it was being carried on by the end of that period.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Subject to subsection (7A) below, where a company ceases to carry on a trade, subsection (9) of section 393 shall apply in computing for the purposes of this section a loss in the trade in an accounting period ending with the cessation, or ending at any time in the twelve months immediately preceding the cessation, as it applies in computing a loss in an accounting period for the purposes of subsection (1) of that section.
- (7A) For the purposes of this section where—
- (a) subsection (7) above has effect for computing the loss for any accounting period, and
- (b) that accounting period is one beginning before the beginning of the twelve months mentioned in that subsection,
the part of that loss that is not the part falling within subsection (2B)(b) above shall be treated as reduced (without any corresponding increase in the part of the loss that does fall within subsection (2B)(b) above) by an amount equal to so much of the aggregate of the charges on income treated as expenses by virtue of subsection (7) above as is proportionate to the part of the accounting period that does not fall within those twelve months.
- (8) Relief shall not be given by virtue of subsection (1)(b) above in respect of a loss incurred in a trade so as to interfere with any relief under section 338 in respect of payments made wholly and exclusively for the purposes of that trade.
- (9) For the purposes of this section—
- (a) the amount of a loss incurred in a trade in an accounting period shall be computed in the same way as trading income from the trade in that period would have been computed;
- (b) “*trading income*” means, in relation to any trade, the income which falls or would fall to be included in respect of the trade in the total profits of the company; and
- (c) references to a company carrying on a trade refer to the company carrying it on so as to be within the charge to corporation tax in respect of it.
- (10) A claim under subsection (1) above may only be made within the period of two years immediately following the accounting period in which the loss is incurred or within such further period as the Board may allow.
- (11) Subsection (11A) applies in any case where—
- (a) by virtue of section 165 of the Capital Allowances Act (general decommissioning expenditureafter ceasing ring fence trade) the qualifying expenditure of the company for the chargeable period related to the cessation of its ring fence trade is treated as increased by any amount, or
- (b) by virtue of section 416 of that Act (expenditure on restoration within 3 years of ceasing to trade) any expenditure is treated as qualifying expenditure incurred by the company on the last day of trading.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11A) In relation to any claim under subsection (1)—
- (a) to the extent that the claim relates to an increase falling within subsection (11)(a), this section shall have effect as if—
- (i) in subsection (10), “the relevant period” were substituted for “ the period of two years ”, and
- (ii) after subsection (10) there were inserted—
> (10ZA) In subsection (10) “*relevant period*” means the period calculated by adding two years to the post-cessation period (within the meaning of section 165 of the Capital Allowances Act).
;
- (b) to the extent that the claim relates to expenditure falling within subsection (11)(b), subsection (10) shall have effect with the substitution of “ five years ” for “two years”.
- (12) In this section “*ring fence trade*” has the same meaning as in section 162 of the Capital Allowances Act.
##### 393B
- (1) This section applies if these conditions are met—
- (a) a company makes a claim under section 393A(1) requiring that a loss incurred in a ring fence trade be set off against profits;
- (b) section 393A(2A) applies in relation to that claim (three year set off period) by virtue of—
- (i) section 393A(2B) (loss precedes cessation of trade), or
- (ii) section 393A(2C) (loss arises in year when general decommissioning expenditure incurred); and
- (c) the loss incurred in the ring fence trade that may be set off under section 393A (“L”) exceeds the profits against which L may be set off under section 393A (“P”).
- (2) The profits of the ring fence trade of an accounting period are to be relieved under subsection (3) if that period—
- (a) falls wholly or partly before the three year set off period, and
- (b) ends on or after 17 April 2002.
- (3) Subject to any relief for an earlier loss, those profits of that accounting period shall be treated as reduced by—
- (a) the amount by which L exceeds P, or
- (b) so much of that amount as cannot be relieved under this subsection against profits of the ring fence trade of a later accounting period.
- (4) Subsection (3) is subject to subsection (5) in the case of an accounting period that falls partly (but not wholly) before the three year set off period.
- (5) The amount of the reduction of the profits of the ring fence trade that may be made under subsection (3) shall not exceed a part of those profits proportionate to the part of the accounting period that falls before the three year set off period.
- (6) Subsection (3) is subject to subsection (7) in the case of an accounting period that begins before 17 April 2002 and ends on or after that date.
- (7) The amount of the reduction of the profits of the ring fence trade that may be made under subsection (3) shall not exceed a part of those profits proportionate to the part of the accounting period that falls after 16 April 2002.
- (8) In this section—
- “*ring fence*” has the same meaning as in section 162 of the Capital Allowances Act;
- “*three year set off period*” means the period of three years that applies to the claim under section 393A(1) by virtue of section 393A(2A) and section 393A(2B) or (2C).
#### Dealings in commodity futures etc: withdrawal of loss relief.
##### 403ZA
- (1) For the purposes of section 403 a trading loss means a loss incurred by the surrendering company in the surrender period in carrying on a trade, computed as for the purposes of section 393A(1).
- (2) That section does not apply to a trading loss which would be excluded from section 393A(1) by—
- (a) section 393A(3) (foreign trades and certain trades not carried on with a view to gain), or
- (b) section 397 (farming and market gardening: restriction on loss relief).
- (3) Where a company owned by a consortium—
- (a) has in any relevant accounting period incurred a trading loss, and
- (b) has profits (of whatever description) of that accounting period against which that loss could be set off under section 393A(1),
the amount of the loss available to a member of the consortium on a consortium claim shall be determined on the assumption that the company has made a claim under section 393A(1) requiring the loss to be so set off.
- (4) Where the company mentioned in subsection (3) is a group/consortium company, the amount of the loss available under that subsection shall be determined before any reduction is made under section 405(1) to (3).
##### 403ZB
- (1) For the purposes of section 403 excess capital allowances means capital allowances falling to be made to the surrendering company for the surrender period to the extent that they are to be given effect under section 260 of the Capital Allowances Act (special leasing: excess allowance).
- (2) In determining the amount of the allowances falling to be made for the surrender period, no account shall be taken of any allowances carried forward from an earlier period.
- (3) The amount of the company’s income of the relevant class means its amount before deduction of—
- (a) losses of any other period, or
- (b) capital allowances.
##### 403ZC
- (1) For the purposes of section 403 a non-trading deficit on its loan relationships means a deficit of the surrendering company to which section 83 of the Finance Act 1996 applies.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 403ZD
- (1) References in section 403 to charges on income, Schedule A losses and management expenses shall be construed as follows.
- (2) Charges on income means the aggregate of the amounts paid by the surrendering company in the surrender period by way of charges on income.
- (3) A Schedule A loss means a loss incurred by the surrendering company in the surrender period in a Schedule A business carried on by the company.
It does not include—
- (a) an amount treated as such a loss by section 392A(2) (losses carried forward from earlier period), or
- (b) a loss which would be excluded from section 392A by subsection (5) of that section (certain businesses not carried on with a view to gain).
- (4) Management expenses means the aggregate of the amounts deductible under section 75(1) (expenses of management of company with investment business) by the surrendering company for this period.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) A non-trading loss on intangible fixed assets means a non-trading loss on intangible fixed assets, within the meaning of Schedule 29 to the Finance Act 2002, for the surrender period.
It does not include so much of any such loss as is attributable to an amount being carried forward under paragraph 35(3) of that Schedule (amounts carried forward from earlier periods).
##### 403ZE
- (1) For the purposes of section 403 the surrendering company’s gross profits of the surrender period means its profits for that period—
- (a) without any deduction in respect of such losses, allowances and other amounts as are mentioned in paragraph (a) or (b) of subsection (1) of that section, and
- (b) without any deduction falling to be made—
- (i) in respect of losses, allowances or other amounts of any other period (whether or not of a description within subsection (1) of that section), or
- (ii) by virtue of section 75(9) or 392A(3) (other amounts carried forward).
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 403A
- (1) The amount which, on a claim for group relief, may be set off against the total profits of the claimant company for an accounting period (“*the claim period*”), and accordingly the amount to which any consent required in respect of that claim may relate, shall not exceed whichever is the smaller of the following amounts—
- (a) the unused part of the surrenderable amount for the overlapping period; and
- (b) the unrelieved part of the claimant company’s total profits for the overlapping period.
- (2) For the purposes of any claim for group relief—
- (a) the unused part of the surrenderable amount for the overlapping period is the surrenderable amount for that period reduced by the amount of any prior surrenders attributable to the overlapping period; and
- (b) the unrelieved part of the claimant company’s total profits for the overlapping period is the amount of its total profits for that period reduced by the amount of any previously claimed group relief attributable to the overlapping period.
- (3) For the purposes of any claim for group relief—
- (a) the surrenderable amount for the overlapping period is so much of the surrenderable amount for the accounting period of the surrendering company to which the claim relates as is attributable, on an apportionment in accordance with section 403B, to the overlapping period;
- (b) the surrenderable amount for an accounting period of the surrendering company is the total amount for that accounting period of the losses and other amounts which (disregarding this section and section 403C) are available in that company’s case for set off by way of group relief; and
- (c) the amount of the claimant company’s total profits for the overlapping period is so much of its total profits for the claim period as is attributable, on an apportionment in accordance with section 403B, to the overlapping period.
- (4) In relation to any claim for group relief (“*the relevant claim*”) the amount of the prior surrenders attributable to the period which is the overlapping period in the case of the relevant claim is equal to the aggregate amount (if any) produced by—
- (a) taking the amount of every claim for group relief (whether a group claim or a consortium claim) which—
- (i) has been made before the relevant claim,
- (ii) was made in respect of the whole or any part of the amount which, in relation to the relevant claim, is the surrenderable amount for the accounting period of the surrendering company to which the claim relates, and
- (iii) has not been withdrawn;
- (b) treating the amount of group relief which (having regard to the provisions of this section) is allowable under each such claim as an amount of relief for the period which is the overlapping period in the case of that claim;
- (c) determining how much of each amount treated in accordance with paragraph (b) above as an amount of relief for a particular period is attributable, on an apportionment in accordance with section 403B, to the period (if any) which is common to both—
- (i) that period; and
- (ii) the period which is the overlapping period in the case of the relevant claim;
and
- (d) aggregating all the amounts determined under paragraph (c) above in respect of the previously made claims.
- (5) In relation to any claim for group relief (“*the relevant claim*”), the amount of previously claimed group relief attributable to the period which is the overlapping period in the case of that claim is the aggregate amount produced by—
- (a) taking the amount of every claim for group relief (whether a group claim or a consortium claim) which—
- (i) has been made before the relevant claim,
- (ii) was a claim to set off an amount by way of group relief against the claimant company’s total profits for the period which, in relation to the relevant claim, is the claim period, and
- (iii) has not been withdrawn;
- (b) treating the amount of group relief which (having regard to the provisions of this section) is allowable under each such claim as an amount of relief for the period which is the overlapping period in the case of that claim;
- (c) determining how much of each amount treated in accordance with paragraph (b) above as an amount of relief for a particular period is attributable, on an apportionment in accordance with section 403B, to the period (if any) which is common to both—
- (i) that period; and
- (ii) the period which is the overlapping period in the case of the relevant claim;
and
- (d) aggregating all the amounts determined under paragraph (c) above in respect of the previously made claims.
- (6) For the purposes of this section the amount of group relief allowable on any claim (“*the finalised claim*”) shall fall to be determined as at the time when that claim ceases to be capable of being withdrawn as if—
- (a) every claim that became incapable of being withdrawn before that time were a claim made before the finalised claim; and
- (b) every claim that remains capable of being withdrawn at that time were a claim made after the finalised claim.
- (7) Subject to subsection (6) above and without prejudice to any power to withdraw and resubmit claims, where (but for this subsection) more than one claim for group relief would be taken for the purposes of subsections (4) and (5) above to have been made at the same time, those claims shall be deemed, instead, to have been made—
- (a) in such order as the company or companies making them may, by notice to any officer of the Board, elect or, as the case may be, jointly elect; and
- (b) if there is no such election, in such order as an officer of the Board may direct.
- (8) In this section “*the overlapping period*”, in relation to a claim for group relief, means (subject to subsection (9) below and section 406(3) and (7)) the period which is common to both—
- (a) the claim period; and
- (b) the accounting period of the surrendering company to which the claim relates.
- (9) For the purposes of this section any time in the period which, in relation to any claim for group relief, is common to both the accounting periods mentioned in subsection (8) above but which is a time when the qualifying conditions were not satisfied—
- (a) shall be treated as not comprised in the period which is the overlapping period in the case of that claim; and
- (b) shall be treated instead, in relation to each of those accounting periods, as if it constituted a part of that accounting period which was not common to both periods.
- (10) For the purposes of subsection (9) above the qualifying conditions are satisfied in relation to any claim for group relief at the following times, that is to say—
- (a) if (or so far as) the claim is a group claim for the surrender of any loss or other amount other than a qualifying overseas loss, whenever the conditions in paragraphs (a) to (c) of section 402(2) are satisfied;
- (ab) if (or so far as) the claim is a group claim for the surrender of a qualifying overseas loss, whenever the condition specified in section 402(2A) is satisfied; and
- (b) if the claim is a consortium claim, whenever the conditions specified in section 402(3) for the making of that claim and the condition specified in section 402(3B) are satisfied in the case of the claimant company and the surrendering company.
- (11) For the purposes of subsection (10) above a “*qualifying overseas loss*” means a loss or other amount that is available for surrender by way of group relief in accordance with sections 403F and 403G and Schedule 18A (relief in respect of overseas losses of non-resident companies).
##### 403B
- (1) Subject to subsection (2) below, where an apportionment falls to be made under section 403A for the purpose of determining how much of an amount for any period (“*the first period*”) is attributable to any other period (“*the second period*”) which comprises the whole or a part of the first period—
- (a) the whole of that amount shall be attributed to the second period if the first and second periods begin and end at the same times; and
- (b) in any other case, the apportionment shall be made on a time basis according to how much of the first period coincides with the second period.
- (2) Where the circumstances of a particular case are such that the making on the time basis mentioned in subsection (1)(b) above of some or all of the apportionments to be made in that case would work in a manner that would be unjust or unreasonable in relation to any person, those apportionments shall be made instead (to the extent only that is necessary in order to avoid injustice and unreasonableness) in such other manner as may be just and reasonable.
##### 403C
- (1) In the case of a consortium claim the amount that may be set off against the total profits of the claimant company is limited by this section.
- (2) Where the claimant company is a member of the consortium, the amount that may be set off against the total profits of that company for the overlapping period is limited to the relevant fraction of the surrenderable amount.
That fraction is whichever is the lowest in that period of the following percentages—
- (a) the percentage of the ordinary share capital of the surrendering company that is beneficially owned by the claimant company;
- (b) the percentage to which the claimant company is beneficially entitled of any profits available for distribution to equity holders of the surrendering company; and
- (c) the percentage to which the claimant company would be beneficially entitled of any assets of the surrendering company available for distribution to its equity holders on a winding-up.
If any of those percentages have fluctuated in that period, the average percentage over the period shall be taken.
- (3) Where the surrendering company is a member of the consortium, the amount that may be set off against the total profits of the claimant company for the overlapping period is limited to the relevant fraction of the claimant company’s total profits for the overlapping period.
That fraction is whichever is the lowest in that period of the following percentages—
- (a) the percentage of the ordinary share capital of the claimant company that is beneficially owned by the surrendering company;
- (b) the percentage to which the surrendering company is beneficially entitled of any profits available for distribution to equity holders of the claimant company; and
- (c) the percentage to which the surrendering company would be beneficially entitled of any assets of the claimant company available for distribution to its equity holders on a winding-up.
If any of those percentages have fluctuated in that period, the average percentage over the period shall be taken.
- (4) In any case where the claimant or surrendering company is a subsidiary of a holding company which is owned by a consortium, for the references in subsection (2) or (3) above to the claimant or surrendering company there shall be substituted references to the holding company.
- (5) Expressions used in this section and in section 403A have the same meanings in this section as in that section.
- (6) Schedule 18 has effect for supplementing this section.
##### 403D
- (1) In determining for the purposes of this Chapter the amounts for any accounting period of the losses and other amounts available for surrender by way of group relief by a non-resident company carrying on a trade in the United Kingdom through a permanent establishment, no loss or other amount shall be treated as so available (but see also subsection (11) below) except in so far as—
- (a) it is attributable to activities of that company the income and gains from which for that period are, or (were there any) would be, brought into account in computing the company’s chargeable profits for that period for corporation tax purposes;
- (b) it is not attributable to activities of the company which are made exempt from corporation tax for that period by any double taxation arrangements; and
- (c) no part of—
- (i) the loss or other amount, or
- (ii) any amount brought into account in computing it,
corresponds to, or is represented in, any amount which, for the purposes of any foreign tax, is (in any period) deductible from or otherwise allowable against non-UK profits of the company or any other person.
- (2) In determining for the purposes of sections 403A and 403C the total profits for an accounting period of a non-resident company, there shall be disregarded—
- (a) amounts not falling to be comprised for corporation tax purposes in the chargeable profits of the company for that accounting period, and
- (b) so far as not falling within paragraph (a) above, any amounts arising from activities which are made exempt from corporation tax for that period by any double taxation arrangements.
- (3) In this section “*non-UK profits*”, in relation to any person, means amounts which—
- (a) are taken for the purposes of any foreign tax to be the amount of the profits, income or gains on which (after allowing for deductions) that person is charged with that tax, and
- (b) are not amounts corresponding to, and are not represented in, the total profits (of that or any other person) for any accounting period,
or amounts taken into account in computing such amounts.
- (4) Subsection (2) above applies for the purposes of subsection (3)(b) above as it applies for the purposes of sections 403A and 403C.
- (5) For the purposes of this section an amount shall not be taken to be an amount which for the purposes of any foreign tax is deductible from or otherwise allowable against any non-UK profits of any person by reason only that it is—
- (a) an amount of profits brought into account for the purpose of being excluded from the profits that are non-UK profits of that person by reference to that foreign tax; or
- (b) an amount brought into account in computing the amount of any profits falling to be so excluded.
- (6) So much of the law of any territory outside the United Kingdom as for the purposes of any foreign tax makes the deductibility of any amount dependent on whether or not it is deductible for tax purposes in the United Kingdom shall be disregarded for the purposes of this section.
- (7) For the purposes of this section activities of a company are made exempt from corporation tax for any period by double taxation arrangements if the effect of any such arrangements is that the income and gains (if any) arising for that period from those activities is to be disregarded in computing the company’s chargeable profits.
- (8) In this section “*double taxation arrangements*” means any arrangements having effect by virtue of section 788.
- (9) In this section “*foreign tax*” means any tax chargeable under the law of any territory outside the United Kingdom which—
- (a) is charged on income and corresponds to United Kingdom income tax; or
- (b) is charged on income or chargeable gains or both and corresponds to United Kingdom corporation tax;
but for the purposes of this section a tax shall not be treated as failing to correspond to income tax or corporation tax by reason only that it is chargeable under the law of a province, state or other part of a country, or is levied by or on behalf of a municipality or other local body.
- (10) In determining for the purposes of this section whether any activities are made exempt from corporation tax for any period by any double taxation arrangements any requirement that a claim is made before effect is given to any provision of the arrangements shall be disregarded.
- (11) Any loss or other amount that is available for surrender by way of group relief in accordance with this section is in addition to any loss or other amount that is so available in accordance with sections 403F and 403G and Schedule 18A (relief in respect of overseas losses of non-resident companies).
##### 403E
- (1) In determining, for the purposes of this Chapter, the amounts for any accounting period of the losses and other amounts available for surrender by way of group relief by any company resident in the United Kingdom (“*the resident company*”), a loss or other amount shall be treated as not so available in so far as it—
- (a) is attributable to an overseas permanent establishment of that company, and
- (b) is a loss or other amount falling within subsection (2) below.
- (2) Subject to subsection (3) below, a loss or other amount attributable to an overseas permanent establishment falls within this subsection if the whole or any part of it is, or represents, an amount which, for the purposes of foreign tax under the law of the territory where that permanent establishment is situated, is (in any period) deductible from or otherwise allowable against non-UK profits of a person other than the resident company.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The reference in subsections (1) and (2) above to a loss or other amount attributable to an overseas permanent establishment of a company is a reference to the loss or other amount (if any) that would be surrenderable by that company by way of group relief if the amount surrenderable by that company were computed—
- (a) by reference only to that permanent establishment, and
- (b) by the application in relation to that permanent establishment of principles corresponding in all material respects to those applicable for the purposes of corporation tax to the computation of the equivalent losses or other amounts in the case of the UK permanent establishment of a non-resident company.
- (5) In subsection (4)(b) above the reference to the UK permanent establishment of a non-resident company is a reference to any permanent establishment through which a company which is not resident in the United Kingdom carries on a trade in the United Kingdom.
- (6) References in this section to an overseas permanent establishment of a company are references to any permanent establishment through which that company carries on a trade in a territory outside the United Kingdom.
- (7) In this section “*foreign tax*” and “*non-UK profits*” have the same meaning as in section 403D.
- (8) Where the deductibility of any amount for the purposes of any foreign tax is dependent on whether or not that amount, or a corresponding amount, is deductible for tax purposes in the United Kingdom, this section shall have effect as if that amount were deductible for the purposes of that foreign tax if, and only if, the resident company is treated for the purposes of that tax as resident in the territory where that tax is charged.
##### 403F
- (1) This section has effect for determining for the purposes of this Chapter the extent to which a loss or other amount is available for surrender by way of group relief by a non-resident company—
- (a) which is resident in an EEA territory, or
- (b) which is not so resident but which carries on a trade in an EEA territory through a permanent establishment,
in a case where a group claim may be made as a result of the condition in section 402(2A) being satisfied.
- (2) A loss or other amount is not available for surrender by way of group relief by the non-resident company except in so far as, in relation to the EEA territory, the amount meets—
- (a) the equivalence condition,
- (b) the EEA tax loss condition,
- (c) the qualifying loss condition, and
- (d) the precedence condition.
- (3) Part 1 of Schedule 18A determines, in the case of any amount and any EEA territory, the extent to which those conditions are met.
- (4) In so far as a loss or other amount meets those conditions, Part 2 of Schedule 18A applies—
- (a) for calculating the amount of the loss or other amount (if any) that is available for surrender by way of group relief, and
- (b) otherwise for making provision in relation to the application of this Chapter to the non-resident company.
- (5) This section is subject to section 403G (unallowable overseas losses of non-resident companies).
##### 403G
- (1) This section applies in the case of a loss or other amount arising to a non-resident company—
- (a) which is resident in any EEA territory, or
- (b) which is not so resident but which carries on a trade in an EEA territory through a permanent establishment,
where the amount is not attributable for corporation tax purposes to any UK permanent establishment of the non-resident company.
- (2) The amount is not available for surrender by way of group relief by the non-resident company in so far as conditions A and B are met.
- (3) Condition A is that—
- (a) the amount would not qualify for group relief but for any relevant arrangements, or
- (b) the amount would not have arisen to the non-resident company but for any relevant arrangements.
- (4) Condition B is that the main purpose, or one of the main purposes, of the relevant arrangements was to secure that the amount would qualify for group relief.
- (5) In this section references to relevant arrangements, in relation to any amount, are to—
- (a) arrangements made on or after 20th February 2006, or
- (b) arrangements made before that date where the amount would (but for this section) first qualify for group relief on or after that date or (as the case may be) the amount arises on or after that date.
- (a) a company makes a loan to another company with which it has a special relationship, and
- (b) it is not part of the first company’s business to make loans generally,
the fact that it is not part of the first company’s business to make loans generally shall be disregarded in construing subsection (2) above.
- (5) Subsection (2) above does not apply where the special relationship provision expressly requires regard to be had to the debt on which the interest is paid in determining the excess interest (and accordingly expressly limits the factors to be taken into account).
##### 808B
- (1) Subsection (2) below applies where any arrangements having effect by virtue of section 788—
- (a) make provision, whether for relief or otherwise, in relation to royalties (as defined in the arrangements), and
- (b) make provision (the special relationship provision) that where owing to a special relationship the amount of the royalties paid exceeds the amount which would have been paid in the absence of the relationship, the provision mentioned in paragraph (a) above shall apply only to the last-mentioned amount.
- (2) The special relationship provision shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the agreement under which the royalties are paid would have been made at all in the absence of the relationship,
- (b) the rate or amounts of royalties and other terms which would have been agreed in the absence of the relationship, and
- (c) where subsection (3) below applies, the factors specified in subsection (4) below.
- (3) This subsection applies if the asset in respect of which the royalties are paid, or any asset which that asset represents or from which it is derived, has previously been in the beneficial ownership of—
- (a) the person who is liable to pay the royalties,
- (b) a person who is, or has at any time been, an associate of the person who is liable to pay the royalties,
- (c) a person who has at any time carried on a business which, at the time when the liability to pay the royalties arises, is being carried on in whole or in part by the person liable to pay those royalties, or
- (d) a person who is, or has at any time been, an associate of a person who has at any time carried on such a business as is mentioned in paragraph (c) above.
- (4) The factors mentioned in subsection (2)(c) above are—
- (a) the amounts which were paid under the transaction, or under each of the transactions in the series of transactions, as a result of which the asset has come to be an asset of the beneficial owner for the time being,
- (b) the amounts which would have been so paid in the absence of a special relationship, and
- (c) the question whether the transaction or series of transactions would have taken place in the absence of such a relationship.
- (5) The special relationship provision shall be construed as requiring the taxpayer to show—
- (a) the absence of any special relationship, or
- (b) the rate or amount of royalties that would have been payable in the absence of the relationship,
as the case may be.
- (6) The requirement on the taxpayer to show in accordance with subsection (5)(a) above the absence of any special relationship includes a requirement—
- (a) to show that no person of any of the descriptions in paragraphs (a) to (d) of subsection (3) above has previously been the beneficial owner of the asset in respect of which the royalties are paid, or of any asset which that asset represents or from which it is derived, or
- (b) to show the matters specified in subsection (7) below,
as the case may be.
- (7) Those matters are—
- (a) that the transaction or series of transactions mentioned in subsection (4)(a) above would have taken place in the absence of a special relationship, and
- (b) the amounts which would have been paid under the transaction, or under each of the transactions in the series of transactions, in the absence of such a relationship.
- (8) Subsection (2) above does not apply where the special relationship provision expressly requires regard to be had to the use, right or information for which royalties are paid in determining the excess royalties (and accordingly expressly limits the factors to be taken into account).
- (9) For the purposes of this section one person (“*person A*”) is an associate of another person (“*person B*”) at a given time if—
- (a) person A was, within the meaning of Schedule 28AA, directly or indirectly participating in the management, control or capital of person B at that time, or
- (b) the same person was or same persons were, within the meaning of Schedule 28AA, directly or indirectly participating in the management, control or capital of person A and person B at that time.
#### Lessee under long funding finance lease: termination
#### Foreign tax on items giving rise to a non-trading credit: intangible fixed assets
##### 815A
- (1) This section applies where section 269C of the 1970 Act or section 140C or 140F of the Taxation of Chargeable Gains Act 1992 applies; and references in this section to company A, the transfer and the trade shall be construed accordingly.
- (2) Where gains accruing to company A on the transfer would have been chargeable to tax under the law of the relevant member State but for the Mergers Directive, this Part, including any arrangements having effect by virtue of section 788, shall apply as if the amount of tax, calculated on the required basis, which would have been payable under that law in respect of the gains so accruing but for that Directive, were tax payable under that law.
- (5) For the purposes of this section, the required basis is that—
- (a) so far as permitted under the law of the relevant member State, any losses arising on the transfer are set against any gains so arising, and
- (b) any relief available to company A under that law has been duly claimed.
- (6) In this section—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable),
- “*UK permanent establishment*”, in relation to the non-resident company, means any permanent establishment through which it carries on a trade in the United Kingdom.
##### 411ZA
- (1) This section applies if the surrendering company is prevented from obtaining a deduction in respect of an amount by section 520 of CTA 2009 (provision not at arm's length: non-deductibility of relevant return).
- (2) The amount may not be surrendered by way of group relief.
##### 411A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Losses etc. which may be surrendered by way of group relief.
#### Further interpretation of sections 135 to 139.
#### Close companies.
#### Relief for contributions in respect of share option gains.
#### Exceptions from section 419.
##### 431ZA
- (1) An insurance company may, in its company tax return for the first accounting period of the company beginning on or after 1 January 2008 in which any of the assets of the company's long-term insurance fund would (apart from this section) be foreign business assets, elect that none of the assets of the company's long-term insurance fund are to be regarded for the purposes of this Act as being foreign business assets.
- (2) The election has effect for that accounting period and all subsequent accounting periods of the company.
- (3) An election under subsection (1) is irrevocable.
##### 431A
- (1) The Treasury may by order amend any of the life assurance provisions of the Corporation Tax Acts where it is expedient to do so in consequence of the exercise of any power under the Financial Services and Markets Act 2000, in so far as that Act relates to insurance companies.
- (2) Where any exercise of a power under that Act has effect for a period ending on or before, or beginning before and ending after, the day on which an order containing an amendment in consequence of that exercise is made under subsection (1) above, the power conferred by that subsection includes power to provide for the amendment to have effect in relation to that period.
- (2A) The Treasury may by order make provision as to the application of the Corporation Tax Acts in relation to insurance special purpose vehicles.
- (2B) An order under subsection (2A) above may in particular contain provision—
- (a) making amendments of any provision of the Corporation Tax Acts, or
- (b) making provision for the life assurance provisions of the Corporation Tax Acts to have effect in relation to any specified description of insurance special purpose vehicles subject to specified modifications or exceptions.
- (2C) An order under subsection (2A) above—
- (a) may make provision having effect in relation to accounting periods current when it is made, and
- (b) if it is made in consequence of, or otherwise in connection with, provision made by any enactment or instrument, may make provision having effect in relation to the same times as that enactment or instrument.
- (3) The Treasury may by order amend any of the following provisions—
- (a) sections 432ZA, 432A, 432B to 432G and 755A . . . ;
- (b) sections 83A, 85, 88 and 89 of the Finance Act 1989;
- (c) section 210A of the Taxation of Chargeable Gains Act 1992.
- (4) An order under subsection (3) above may only be made so as to have effect in relation to periods of account—
- (a) beginning on or after 1st January 2005, and
- (b) ending before 1st October 2006.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Any power conferred by this section to make an order includes power to make—
- (a) different provision for different cases or different purposes, and
- (b) incidental, supplemental, consequential or transitional provision and savings.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 431AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432A
- (1) Subject to section 432B, this section has effect for determining for the purposes of any provision of the Corporation Tax Acts in relation to any period for which an insurance company carries on business what parts of—
- (a) income or losses arising from the assets of the company’s long-term insurance fund, or
- (b) gains or losses accruing on the disposal of such assets in accordance with the provisions of the 1992 Act,
are referable to any category of business.
- (1ZA) In subsection (1)(a) above “*income*” means—
- (a) income chargeable under Schedule A in respect of any separate Schedule A businesses treated as carried on by the company under section 432AA,
- (b) income chargeable under Schedule A in respect of distributions treated by section 121(1)(a) of the Finance Act 2006 as profits of a Schedule A business carried on by the company,
- (c) income chargeable under Case V of Schedule D in respect of any overseas property business treated as carried on by the company under section 432AA,
- (d) other income of the company chargeable under Case V of Schedule D,
- (e) distributions received by the company from companies resident in the United Kingdom,
- (f) credits in respect of any creditor relationships (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996) of the company,
- (g) credits in respect of any derivative contracts (within the meaning of Schedule 26 to the Finance Act 2002) of the company,
- (h) any income of the company chargeable under Case III of Schedule D in respect of annuities and other annual payments within paragraph (b) of Case III of Schedule D as substituted by section 18(3A),
- (i) any credits brought into account by the company under Part 3 of Schedule 29 to the Finance Act 2002 (intangible fixed assets), and
- (j) any income of the company chargeable under Case VI of Schedule D, other than profits of the company chargeable under section 436A (gross roll-up business).
- (1ZB) In subsection (1)(a) above “*losses*” means—
- (a) losses in respect of any separate Schedule A businesses treated as carried on by the company under section 432AA,
- (b) losses in respect of any overseas property businesses treated as carried on by the company under that section,
- (c) debits in respect of any creditor relationships (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996) of the company,
- (d) debits in respect of any derivative contracts (within the meaning of Schedule 26 to the Finance Act 2002) of the company,
- (e) any debits brought into account by the company under Part 2 of Schedule 29 to the Finance Act 2002 (intangible fixed assets), and
- (f) any losses of the company computed in the same way as profits chargeable under Case VI of Schedule D, other than any losses of gross roll-up business.
- (1ZC) For determining as mentioned in subsection (1) above what parts of income or gains arising from the assets of the company's long-term insurance fund are referable to PHI business (to the extent that it would not be the case by virtue of subsections (1ZA) and (1ZB))—
- (a) “income” also includes profits shown in the technical account, and
- (b) “losses” also includes losses so shown.
- (1A) If the company carries on only one category of business in the period—
- (a) all of the income and losses referred to in paragraph (a) of subsection (1) above, and
- (b) all of the gains and losses referred to in paragraph (b) of that subsection,
are referable to that category of business; but if the company carries on more than one category of business in the period, the following provisions shall apply.
- (2) The categories of business referred to in subsections (1) and (1A) above are—
- (a) basic life assurance and general annuity business,
- (b) gross roll-up business, and
- (c) PHI business.
- (3) Income or losses arising from, and gains or losses accruing on the disposal of, assets linked to any category of business is referable to that category of business.
- (3A) Amounts falling within—
- (a) section 442A,
- (b) section 85(2C) of the Finance Act 1989, or
- (c) section 85A of that Act,
are directly referable to basic life assurance and general annuity business.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) Income or losses arising from, and gains or losses accruing on the disposal of, foreign business assets is referable to gross roll-up business.
- (5) There is referable to any category of business . . . the relevant fraction of any income and losses referred to in paragraph (a) of subsection (1) above, and any gains and losses referred to in paragraph (b) of that subsection, not directly referable to any category of business.
- (6) For the purposes of subsection (5) above “*the relevant fraction*”, in relation to basic life assurance and general annuity business, is—
$$AA+B+C$where—A is the aggregate of—(a) the mean of the opening and closing liabilities of the basic life assurance and general annuity business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business,(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and(c) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts;B is the aggregate of—(a) the mean of the opening and closing liabilities of the gross roll-up business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business, and(b) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts; andC is the aggregate of—(a) the mean of the opening and closing liabilities of the PHI business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business, and(b) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts.$
- (6A) For the purposes of subsection (5) above “*the relevant fraction*”, in relation to gross roll-up business, is—
$$BA+B+C$where A, B and C have the same meaning as in subsection (6) above.$
- (6B) For the purposes of subsection (5) above “*the relevant fraction*”, in relation to PHI business, is—
$$CA+B+C$where A, B and C have the same meaning as in subsection (6) above.$
- (6C) But if the denominator found in accordance with subsection (6), (6A) or (6B) above is nil, the relevant fraction for the purposes of subsection (5) above in relation to the category of business in question is such fraction as is just and reasonable.
- (7) For the purposes of subsections (5), (6) , (6A) and (6B) above—
- (a) income and losses referred to in paragraph (a) of subsection (1) above, and gains and losses referred to in paragraph (b) of that subsection, are directly referable to a category of business if referable to that category by virtue of subsection (3) or (4A) above, . . . and
- (b) assets are directly referable to a category of business if income and losses arising from the assets, and gains and losses accruing on the disposal of the assets, are so referable by virtue of subsection (3) or (4A) above,. . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) In subsection (6) above—
- (a) “*appropriate part*”, in relation to the free assets amount, means—
- (i) where none (or none but an insignificant proportion) of the liabilities of the long-term business are with-profits liabilities, the part of that amount which bears to the whole the proportion A/B where—
A is the amount of the liabilities of the category of business in question (but taking that amount to be nil if it would otherwise be below nil);
B is the whole amount of the liabilities of the long-term business; and
- (ii) in any other case the part of the free assets amount which bears to the whole the proportion C/D where—
C is the amount of the with-profits liabilities of the category of business in question;
D is the whole amount of the with-profits liabilities of the long-term business; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This is subject to subsection (8ZA) below.
- (8ZA) If for the purposes of subsection (8)(a) above either B or D is nil then, in paragraph (c) of the definition of A and paragraph (b) of the definitions of B and C in subsection (6) above, “*appropriate part*”, in relation to the free assets amount, means the part of that amount which bears to the whole such proportion as is just and reasonable.
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432B
- (1) This section and sections 432C to 432G have effect where it is necessary in accordance with section 83 of the Finance Act 1989 to determine what parts of any items brought into account, within the meaning of that section, are referable to life assurance business or gross roll-up business.
- (2) Where for that purpose reference falls to be made to more than one account recognised for the purposes of that section, the provisions of sections 432C to 432G apply separately in relation to each account.
- (3) Section 432C applies where the business with which an account is concerned (“*the relevant business*”) relates exclusively to policies or contracts under which the policy holders or annuitants are not eligible to participate in surplus; and sections 432E and 432F apply where the relevant business relates wholly or partly to other policies or contracts (and section 432G applies in either case).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432C
- (1) This section specifies the extent to which the net amount is referable to life assurance business or to gross roll-up business.
- (2) In this section “*the net amount*” means the aggregate of the amounts brought into account—
- (a) as investment income,
- (b) as an increase in the value of assets, or
- (c) as other income,
less the aggregate of the amounts brought into account as a decrease in the value of assets.
- (3) To the extent that the net amount is attributable to—
- (a) assets linked to life assurance business, or
- (b) foreign business assets,
it is referable to life assurance business.
- (4) There is also referable to life assurance business the appropriate fraction of so much of the net amount as is not attributable to linked assets or foreign business assets.
- (5) For the purposes of subsection (4) above “the appropriate fraction” is—
$$AA+B$where—A is the mean of the opening and closing liabilities of the relevant business so far as referable to life assurance business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the aggregate of the mean of the opening and closing net values of assets linked to the relevant business so far as so referable and foreign business assets; andB is the mean of the opening and closing liabilities of the relevant business so far as referable to PHI business, reduced (but not below nil) by the mean of the opening and closing net values of any assets linked to PHI business.$
- (6) But if the denominator found in accordance with subsection (5) above is nil, the appropriate fraction for the purposes of subsection (4) above is such fraction as is just and reasonable.
- (7) To the extent that the net amount is attributable to—
- (a) assets linked to gross roll-up business, or
- (b) foreign business assets,
it is referable to gross roll-up business.
- (8) There is also referable to gross roll-up business the relevant fraction of so much of the net amount as is not attributable to linked assets or foreign business assets.
- (9) For the purposes of subsection (8) above “the relevant fraction” is—
$$CC+D$where—C is the mean of the opening and closing liabilities of the relevant business so far as referable to gross roll-up business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the aggregate of the mean of the opening and closing net values of any assets linked to gross roll-up business and foreign business assets; andD is the mean of the opening and closing liabilities of the relevant business so far as referable to basic life assurance and general annuity business or PHI business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets linked to either of those categories of business.$
- (10) But if the denominator found in accordance with subsection (9) above is nil, the relevant fraction for the purposes of subsection (8) above is such fraction as is just and reasonable.
- (11) For the purposes of this section, so much of the net amount—
- (a) as is brought into account as other income in an internal linked fund of the company, and
- (b) as is not attributable to assets of that fund,
is to be treated as linked to a category of business to the same extent as income attributable to an asset of the fund would, by virtue of section 432ZA, be referable to that category of business.
##### 432D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432E
- (1) The part of the net amount which is referable to life assurance business or to gross roll-up business is—
- (a) the amount determined in accordance with subsections (2) and (2A) below, or
- (b) if greater, the amount determined in accordance with subsection (3) below.
- (1A) In this section “*the net amount*” means the aggregate of the amounts brought into account—
- (a) as investment income,
- (b) as an increase in the value of assets, or
- (c) as other income,
less the aggregate of the amounts brought into account as a decrease in the value of assets.
- (2) For the purposes of subsection (1) above there shall be determined the amount which is such as to secure—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . that
$$CS-CAS=(S-AS)×CASAS$where—S is the surplus of the relevant business;AS is so much of that surplus as is allocated to persons entitled to the benefits provided for by the policies or contracts to which the relevant business relates;CAS is so much of the surplus so allocated as is attributable to policies or contracts of life assurance business or of gross roll-up business; andCS is so much of the surplus of the relevant business as would remain if the relevant business were confined to life assurance business or to gross roll-up business.$
- (2A) In a case where an amount or amounts are taken into account under subsection (2) of section 83 of the Finance Act 1989 by virtue of subsection (2B) of that section or by virtue of section . . . 444AB, . . . 444AEA,444AECA, 444AF(2) or 444AK(2) of this Act, the amount determined under subsection (2) above is increased by—
$$CASAS×RP$where—CAS and AS have the same meanings as in subsection (2) above; andRP is the amount or the aggregate of the amounts taken into account under subsection (2) of section 83 of the Finance Act 1989 by virtue of any of the following provisions—subsection (2B) of that section;section 444AB . . . of this Act;section 444AEA or 444AECA of this Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .subsection (2) of section 444AF of this Act (and see subsections (5) and (6) of that section);subsection (2) of section 444AK of this Act (but only for the purposes mentioned in subsection (3) of that section).$
- (3) For the purposes of subsection (1) above there shall also be determined the aggregate of—
- (a) the applicable percentage of what is left of the mean of the opening and closing liabilities of the relevant business so far as referable to the category of business concerned (but taking that mean to be nil if it would otherwise be below nil) after deducting from it the mean of the opening and closing values of any assets of the relevant business linked to that category of business and foreign business assets, and
- (b) the part of the net amount . . . that is attributable to assets linked to that category of business . . . .
- (4) Subject to subsection (4A) below, for the purposes of subsection (3) above “*the applicable percentage*”, in any case, is—
$$AB×100$where—A is so much of the net amount as is brought into account in respect of the relevant business less such part of it as is attributable to linked assets and foreign business assets; andB is the mean of the opening and closing liabilities of the relevant business reduced by the mean of the opening and closing values of any assets of the relevant business which are linked assets . . . .$
- (4A) If the mean of the opening and closing liabilities of the relevant business reduced by the opening and closing values of any assets of the relevant business which are linked assets or foreign business assets is nil then, for the purposes of subsection (3) above, “*the applicable percentage*” is such percentage as is just and reasonable.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Apportionment of certain income, deductions and interest.
#### Interpretation.
##### 434A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) Where for any accounting period the loss arising to an insurance company from its life assurance business falls to be computed in accordance with the provisions of this Act applicable to Case I of Schedule D—
- (a) the loss resulting from the computation shall be reduced (but not below nil) by . . . —
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) any relevant non-trading deficit for that period on the company’s debtor relationships; and
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) if the whole or any part of that loss as so reduced is set off—
- (i) under section 393A, or
- (ii) under section 403(1),
any loss for that period under section 436A shall be reduced (but not below nil) by the total of the amounts set off as mentioned in sub-paragraphs (i) and (ii) above.
- (2A) The reference in subsection (2)(a)(ii) above to a relevant non-trading deficit for any period on a company’s debtor relationships is a reference to the non-trading deficit on the company’s loan relationships which would be produced by any separate computation made under paragraph 2(1) of Schedule 11 to the Finance Act 1996 for the company’s basic life assurance and general annuity business if credits and debits given in respect of the company’s creditor relationships (within the meaning of Chapter II of Part IV of that Act) were disregarded.
- (3) In the case of a company carrying on life assurance business, no relief shall be allowable —
- (a) under Chapter II (loss relief) or Chapter IV (group relief) of Part X,
- (aa) (where the company's life assurance business is not mutual business) in respect of any amount which is a charge on income for the purposes of corporation tax, or
- (b) in respect of any amount representing a non-trading deficit on the company’s loan relationships that has been computed otherwise than by reference to debits and credits referable to that business,
against the policy holders’ share of the relevant profits for any accounting period.
- For the purposes of this subsection “*the policy holders’ share of the relevant profits*” has the same meaning as in section 89 of the Finance Act 1989.
- (4) For the purposes of section 403, where the surrendering company is an insurance company which is charged to tax under the I minus E basis in respect of its life assurance business for the surrender period, the company's gross profits of that period do not include its relevant profits (within the meaning of section 88 of the Finance Act 1989) for that period; and expressions used in this subsection and section 403 have the same meaning here as there.
#### Meaning of “distribution”.
##### 438A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 209(3AA): link to shares of company or associated company
##### 440A
- (1) Subsection (2) below applies where the assets of an insurance company include securities of a class all of which would apart from this section be regarded for the purposes of corporation tax on chargeable gains as one holding.
- (2) Where this subsection applies—
- (a) so many of the securities as are identified in the company’s records as securities by reference to the value of which there are to be determined benefits provided for under policies or contracts the effecting of all (or all but an insignificant proportion) of which constitutes the carrying on of—
- (i) basic life assurance and general annuity business, or
- (ii) gross roll-up business,
shall be treated for the purposes of corporation tax as a separate holding linked solely to that business,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) so many of the securities as are included in the company’s long-term insurance fund but do not fall within paragraph (a) shall be treated for those purposes as a separate holding which is an asset of that fund (but not of the description mentioned in that paragraph), and
- (e) any remaining securities shall be treated for those purposes as a separate holding which is not of any of the descriptions mentioned in the preceding paragraphs.
- (3) Subsection (2) above also applies where the assets of an insurance company include securities of a class and apart from this section some of them would be regarded as a 1982 holding, and the rest as a section 104 holding, for the purposes of corporation tax on chargeable gains.
- (4) In a case within subsection (3) above—
- (a) the reference in any paragraph of subsection (2) above to a separate holding shall be construed, where necessary, as a reference to a separate 1982 holding and a separate section 104 holding, and
- (b) the questions whether such a construction is necessary in the case of any paragraph and, if it is, how many securities falling within the paragraph constitute each of the two holdings shall be determined in accordance with paragraph 12 of Schedule 6 to the Finance Act 1990 and the identification rules applying on any subsequent acquisitions and disposals.
- (5) Section 105 of the 1992 Act shall have effect where subsection (2) above applies as if securities regarded as included in different holdings by virtue of that subsection were securities of different kinds.
- (6) In this section—
- “*1982 holding*” has the same meaning as in section 109 of the 1992 Act;
- “*section 104 holding*” has the same meaning as in section 104(3) of that Act; and
- “*securities*” means shares, or securities of a company, and any other assets where they are of a nature to be dealt in without identifying the particular assets disposed or acquired.
- (7) In a case where the profits of a company’s life assurance business are charged to tax in accordance with Case I of Schedule D this section has effect with the modification specified in section 440B(4).
##### 441A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444A
- (1) . . . This section applies where an insurance business transfer scheme has effect to transfer long-term business from one person (“the transferor”) to another (“the transferee”).
- (2) Any expenses payable which (making the assumptions in subsection (3B) below) would have fallen to be brought into account by the transferor in determining the deduction for expenses payable to be allowed under section 76 in computing profits for an accounting period following the period which ends with the day on which the transfer takes place shall, instead, be brought into account under and in accordance with that section by the transferee as expenses payable by him (and giving effect in the case of acquisition expenses, to section 86(6) to (9) of the Finance Act 1989).
- (3) Any loss which (making the assumptions in subsection (3B) below)—
- (a) would have been available under section 436A(4) to be set off against profits of the transferor for the accounting period following that which ends with the day on which transfer takes place, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall, instead, be treated as a loss of the transferee (and available to be set off against profits of gross roll-up business)if the conditions in paragraphs (a) and (b) of section 343(1) are satisfied in relation to the business transferred (construing references to an event as to the transfer).
- (3ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3A) Any subsection (2) excess (within the meaning of section 432F(2)) which (making the assumptions in subsection (3B) below) would have been available under section 432F(3) or (4) to reduce a subsection (3) figure (within the meaning of section 432F(1)) of the transferor in an accounting period following that which ends with the day on which transfer takes place—
- (a) shall, instead, be treated as a subsection (2) excess of the transferee, and
- (b) shall be taken into account in the first accounting period of the transferee ending after the date of the transfer (to reduce the subsection (3) figure or, as the case may be, to produce or increase a subsection (2) excess for that period),
in relation to the revenue account of the transferee dealing with or including the business transferred.
- (3B) The assumptions referred to in subsections (2), (3) and (3A) above are—
- (a) that the transferor had continued to carry on the business transferred after the transfer, and
- (b) where there is no accounting period of the transferor ending with the transfer date, that there was such an accounting period.
- (4) Where acquisition expenses are treated as expenses payable by the transferee by virtue of subsection (2) above, the amount deductible for the first accounting period of the transferee ending after the transfer takes place shall be calculated as if that accounting period began with the day after the transfer.
- (5) Where the transfer is of part only of the transferor’s long-term business, subsection (2), (3) or (3A) above shall apply only to such part of any amount to which it would otherwise apply as is appropriate.
- (6) Any question arising as to the operation of subsection (5) above shall be determined by the Special Commissioners who shall determine the question in the same manner as they determine appeals; but both the transferor and transferee shall be entitled to appear and be heard or to make representations in writing.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Classes of life assurance business
##### 431B
- (1) In this Chapter “*pension business*” means so much of a company’s life assurance business as is referable to contracts entered into for the purposes of a registered pension scheme or is the reinsurance of such business.
- (2) Where a pension scheme ceases to be a registered pension scheme by virtue of the withdrawal of registration of the pension scheme under section 157 of the Finance Act 2004, any of the company’s life assurance business that was pension business when the pension scheme was a registered pension scheme is to be treated as ceasing to be pension business at the beginning of the period of account of the company in which the pension scheme so ceases to be a registered pension scheme.
- (3) Where—
- (a) immediately before 6th April 2006 an annuity contract falls within any of the descriptions of contracts specified in subsection (2) of this section as it had effect immediately before that date, but
- (b) on or after that date the contract does not fall to be regarded for the purposes of this section as having been entered into for the purposes of a registered pension scheme,
the contract is to be treated for the purposes of this section as having been entered into for such purposes.
##### 431BA
- (1) In this Chapter “*child trust fund business*” means so much of a company's life assurance business as is referable to child trust fund policies (but not including the reinsurance of such business).
- (2) In this section “*child trust fund policy*” means a policy of life insurance which is an investment under a child trust fund (within the meaning of the Child Trust Funds Act 2004).
##### 431BB
- (1) In this Chapter “*individual savings account business*” means so much of a company's life assurance business as is referable to individual savings account policies (but not including the reinsurance of such business).
- (2) In this section “*individual savings account policy*” means a policy of life insurance which is an investment of a kind specified in regulations made by virtue of section 695(1) of ITTOIA 2005.
##### 431C
- (1) In this Chapter “*life reinsurance business*” means reinsurance of life assurance business other than pension business or business of any description excluded from this section by regulations made by the Board.
- (2) Regulations under subsection (1) above may describe the excluded business by reference to any circumstances appearing to the Board to be relevant.
##### 431D
- (1) In this Chapter “*overseas life assurance business*” means so much of a company's relevant life assurance business as is with a policy holder or annuitant not residing in the United Kingdom (but not including the reinsurance of such business).
- (1A) In subsection (1) above “*relevant life assurance business*” means life assurance business other than—
- (a) pension business
- (b) individual savings account business,
- (c) child trust fund business, and
- (d) business of any description prescribed by regulations made by the Commissioners for Her Majesty's Revenue and Customs.
- (2) Regulations under subsection (1A) above may describe the excluded business by reference to any circumstances appearing to the Commissioners to be relevant.
- (3) The Commissioners for Her Majesty's Revenue and Customs may by regulations—
- (a) make provision as to the circumstances in which a trustee who is a policy holder or annuitant residing in the United Kingdom is to be treated for the purposes of this section as not so residing; and
- (b) provide that nothing in Chapter II of Part XIII or Chapter 9 of Part 4 of ITTOIA 2005 shall apply to a policy or contract which constitutes overseas life assurance business by virtue of any such provision as is mentioned in paragraph (a) above.
- (4) Regulations under subsection (1A) or (3) above may contain such supplementary, incidental, consequential or transitional provision as appears to the Commissioners to be appropriate (including provision amending any enactment or any instrument made under an enactment).
##### 431E
- (1) The Board may by regulations make provision for giving effect to section 431D.
- (2) Such regulations may, in particular—
- (a) provide that, in such circumstances as may be prescribed, any prescribed issue as to whether business is or is not overseas life assurance business (or overseas life assurance business of a particular kind) shall be determined by reference to such matters (including the giving of certificates or undertakings, the giving or possession of information or the making of declarations) as may be prescribed,
- (b) require companies to obtain certificates, undertakings, information or declarations from policy holders or annuitants, or from trustees or other companies, for the purposes of the regulations,
- (c) make provision for dealing with cases where any issue such as is mentioned in paragraph (a) above is (for any reason) wrongly determined, including provision allowing for the imposition of charges to tax (with or without limits on time) on the insurance company concerned or on the policy holders or annuitants concerned,
- (d) require companies to supply information and make available books, documents and other records for inspection on behalf of the Board, and
- (e) make provision (including provision imposing penalties) for contravention of, or non-compliance with, the regulations.
- (3) The regulations may—
- (a) make different provision for different cases, and
- (b) contain such supplementary, incidental, consequential or transitional provision as appears to the Board to be appropriate.
##### 431EA
In this Chapter “*gross roll-up business*” means business of any of the following kinds—
- (a) pension business;
- (b) child trust fund business;
- (c) individual savings account business;
- (d) life reinsurance business; and
- (e) overseas life assurance business.
##### 431F
In this Chapter “*basic life assurance and general annuity business*” means life assurance business other than gross roll-up business.
### Basis of taxation etc
##### 431G
- (1) This section applies in relation to an insurance company which carries on life assurance business (whether or not it also carries on insurance business of any other kind).
- (2) Subject as follows, the profits of the life assurance business for any accounting period shall be charged to tax under the I minus E basis.
- (3) Where in the case of an insurance company for an accounting period either—
- (a) all of its life assurance business is reinsurance business and none of that business is of a type excluded from this subsection by regulations made by the Board, or
- (b) all, or substantially all, of its life assurance business is gross roll-up business,
the profits of that business for the accounting period shall be charged to tax in accordance with Case I of Schedule D and not otherwise.
- (4) Where—
- (a) the profits of the life assurance business of an insurance company for any accounting period are charged to tax under the I minus E basis, and
- (b) had those profits been charged to tax in accordance with Case I of Schedule D, a loss would have arisen to the company from that business for the period,
the loss (after being reduced in accordance with section 434A(2)(a)) may be set-off under section 393A or section 403(1).
- (5) The application, in relation to the life assurance business of an insurance company, of any provision of Case I of Schedule D is not to be taken—
- (a) to prevent the application of the I minus E basis in relation to that business of the company for any accounting period, or
- (b) to affect the operation of the I minus E basis in relation to the that business of the company for any accounting period except as specifically provided by the Corporation Tax Acts.
##### 431H
- (1) This section applies in relation to an insurance company which carries on life assurance business and insurance business of any other kind.
- (2) For the purposes of the Corporation Tax Acts—
- (a) the life assurance business, and
- (b) the other insurance business,
are to be treated as separate businesses.
- (3) The profits of the other insurance business shall be charged to tax under Case I of Schedule D as the profits of a separate trade.
- (4) But subsection (3) above does not apply where that business is mutual business.
- (5) As to the profits of the life assurance business, see section 431G.
##### 432YA
- (1) This section applies in the case of—
- (a) a company which is a non-profit company, or
- (b) the non-profit fund of a company which is not a non-profit company,
if an amount (“*the relevant amount*”) is shown in paragraph 4(12) of Appendix 9.4 to the periodical return for the company for a period of account which ends on or after 31st December 2006 but before 1st January 2009 (a “relevant period of account”).
- (2) In computing profits of PHI business in accordance with the provisions applicable to Case I of Schedule D—
- (a) X shall be added to the closing long term business provision of the company for the relevant period of account; and
- (b) XA shall be brought into account as a trading receipt of the company for each subsequent period of account until the total sum of the amounts so bought into account is equal to X (and if that total sum would otherwise exceed X, the excess shall be ignored).
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2B) X is—
- (a) where the relevant period of account ends before 1st April 2007, the whole of the relevant amount;
- (b) where the relevant period of account ends on or after 1st April 2007 but before 1st January 2008, two-thirds of the relevant amount;
- (c) where the relevant period of account ends on or after 1st January 2008, one-third of the relevant amount.
- (2C) XA is the amount found by applying the following formula—
$$Y12×Z$Here—Y is the number of months of the period of account in question (part of a month being counted as a month); andZ is—(a) where X is the whole of the relevant amount, one-third of X;(b) where X is two thirds of the relevant amount, one-half of X;(c) where X is one third of the relevant amount, the whole of X.$
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) In this section—
- “*long term business provision*” has the same meaning as in Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) This section is subject to sections 82E and 82F of the Finance Act 1989 (treatment of transferors and transferees under insurance business transfer schemes) and those sections shall apply in relation to this section as if—
- (a) any reference in them to a provision of section 82D of that Act (treatment of profits: life assurance – adjustment consequent on change in Insurance Prudential Sourcebook) were a reference to the corresponding provision of this section, and
- (b) the reference to life assurance business in section 82E was a reference to PHI business.
##### 432ZA
- (1) In this Chapter “*linked assets*” means assets of an insurance company which are identified in its records as assets by reference to the value of which benefits provided for under a policy or contract are to be determined and in a case where only part of an asset is so identified, references to a linked asset are references to that part.
- (2) Linked assets shall be taken—
- (a) to be linked to long-term business of a particular category if the policies or contracts providing for the benefits concerned are policies or contracts the effecting of which constitutes the carrying on of business of that category; and
- (b) to be linked solely to long-term business of a particular category if all (or all but an insignificant proportion) of the policies or contracts providing for the benefits concerned are policies or contracts the effecting of which constitutes the carrying on of business of that category.
- (3) Where an asset is linked to more than one category of long-term business, a part of the asset shall be taken to be linked to each category; and references in this Chapter to assets linked (but not solely linked) to any category of business shall be construed accordingly.
- (4) Where subsection (3) above applies, the part of the asset linked to any category of business shall be a proportion determined as follows—
- (a) where in the records of the company values are shown for the asset in funds referable to particular categories of business, the proportion shall be determined by reference to those values;
- (b) in any other case the proportion shall be equal to the proportion A/B where—
A is the total of the linked liabilities of the company which are liabilities of the internal linked fund in which the asset is held and are referable to that category of business;
B is the total of the linked liabilities of the company which are liabilities of that fund.
- (5) For the purposes of sections 432A to 432E—
- (a) income arising in any period from assets linked but not solely linked to a category of business,
- (b) gains arising in any period from the disposal of such assets, and
- (c) increases and decreases in the value of such assets,
shall be treated as arising to that category of business in the proportion which is the mean of the proportions determined under subsection (4) above at the beginning and end of the period.
- (6) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*linked liabilities*” means liabilities in respect of benefits to be determined by reference to the value of linked assets.
- (7) In the case of a policy or contract the effecting of which constitutes a class of life assurance business the fact that it also constitutes PHI business shall be disregarded for the purposes of this section unless the benefits to be provided which constitute PHI business are to be determined by reference to the value of assets.
##### 432AA
- (1) An insurance company is treated as carrying on separate Schedule A businesses, or overseas property businesses, in accordance with the following rules.
- (2) The exploitation of land held as an asset of the company’s long-term insurance fund is treated as a separate business from the exploitation of land not so held.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The exploitation of land held as an asset linked to any of the following categories of business is regarded as a separate business—
- (a) basic life assurance and general annuity business;
- (b) gross roll-up business; and
- (c) PHI business.
- (5) Accordingly, the exploitation of land held as an asset of the company’s long-term insurance fund otherwise than as mentioned in subsection . . . (4) is treated as a separate business from any other.
- (6) In this section “*land*” means any estate, interest or rights in or over land.
##### 432AB
- (1) This section applies to any loss arising in a Schedule A business or overseas property business.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) So far as a loss is referable to basic life assurance and general annuity business, it shall be treated for the purposes of section 76 as expenses payable which fall to be brought into account at Step 3 in subsection (7) of that section.
- (4) Where a company is treated under section 432AA as carrying on—
- (a) more than one Schedule A business, or
- (b) more than one overseas property business,
then, in relation to either kind of business, the reference in subsection (3) above to a loss referable to basic life assurance and general annuity business shall be construed as a reference to any aggregate net loss after setting the losses from those businesses which are so referable against any profits from those businesses that are so referable.
- (5) The provisions of sections 392A and 503, or section 392B, (loss relief) do not apply to a loss referable to life assurance business or any category of life assurance business.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 432CA
- (1) This section applies where—
- (a) an insurance company is not a non-profit company in relation to a period of account (“the current period of account”),
- (b) in the case of any business with which an account of the company for the current period of account is concerned (“the relevant business”), an amount is a relevant brought into account amount for that period of account (see subsection (2)),
- (c) section 432C applies for determining the extent to which the relevant brought into account amount is referable to life assurance business or to gross roll-up business, and
- (d) the line 51 reduction condition is met (see subsection (3)).
- (2) An amount is a relevant brought into account amount for a period of account if—
- (a) it is brought into account as mentioned in subsection (2)(b) of section 83 of the Finance Act 1989 (increases in value of non-linked assets) for that period,
- (b) it is deemed to be brought into account for that period by subsection (2B) of that section in consequence of the transfer of non-linked assets, or
- (c) it is taken into account under subsection (2) of that section for that period by virtue of section 444AB as being the relevant amount in relation to non-linked assets.
- (3) The line 51 reduction condition is met if—
- (a) the amount shown in column 1 of line 51 of Form 14 of the company's periodical return in respect of the relevant business for the current period of account, is less than
- (b) the amount so shown for the period of account immediately before it;
and the amount of the difference is “the relevant reduction”.
- (4) Section 432C applies in relation to so much of the relevant brought into account amount as does not exceed the relevant reduction (“the affected amount”) as if it were brought into account as an increase in the value of assets in the case of the relevant business for the applicable appropriate period of account of the company.
- (5) A period of account is an “appropriate period of account” if it ended before the current period of account and—
- (a) the amount shown in column 1 of line 51 of Form 14 of the company's periodical return in respect of the relevant business for it, was more than
- (b) the amount so shown for the period of account immediately before it;
and the amount of the difference is “the relevant increase.”
- (6) The “applicable” appropriate period of account is the one which ended most recently (“the most recent appropriate period of account”).
- (7) But if the relevant increase in the case of the most recent appropriate period of account is less than the affected amount, the most recent appropriate period of account is the applicable appropriate period of account in relation to only so much of the affected amount as does not exceed that relevant increase.
- (8) In that case, the appropriate period of account which ended most recently before the most recent appropriate period of account is the applicable appropriate period of account in relation to so much of the remainder as does not exceed the relevant increase in the case of that appropriate period of account (and, where necessary, so on until the applicable appropriate period of account is established in relation to all of the affected amount or there are no more appropriate periods of account).
- (9) If the current period of account is not the first in relation to which this section has applied in the case of the business concerned, the amount of the relevant increase in the case of any appropriate period of account (“*the period in question*”) is to be treated as reduced by the relevant aggregate.
- (10) The “relevant aggregate” is the aggregate of so much of the affected amount for any period or periods of account earlier than the current period of account as was an amount to which section 432C applied as if it were brought into account as mentioned in subsection (4) for the period in question.
- (11) For the purposes of this section an insurance company which has elected under section 83YA(9) of the Finance Act 1989 (changes in value of assets brought into account: non-profit companies) to be treated as a non-profit company in relation to a period of account is to be regarded as a non-profit company in relation to the period of account.
##### 432CB
- (1) This section applies where, under an insurance business transfer scheme, there is a transfer of long-term business—
- (a) from a non-profit fund of an insurance company (“*the transferor*”) which is not a non-profit company in relation to the relevant period of account,
- (b) to another insurance company (“*the transferee*”) to constitute or form part of a non-profit fund of the transferee (“*the transferee's non-profit fund*”),
(“*the transfer*”) and conditions A and B are met.
- (2) Condition A is that the fair value of the assets transferred by the transfer exceeds by an amount (“the chargeable excess”) the amount of the relevant liabilities transferred by the transfer.
For this purpose “relevant” liabilities are liabilities of a type shown (or treated as shown) in any of lines 14, 17, 21 to 23 and 31 to 38 of Form 14 of a periodical return of an insurance company.
- (3) Condition B is that the main purpose, or one of the main purposes, of the transferor or the transferee (or both) in entering into any part of the transfer scheme arrangements is to secure a reduction in tax as a result of section 432C having effect in the case of the transferee, rather than the transferor, in relation to the business transferred by the transfer.
- (4) The chargeable excess is to be brought into account by the transferor as mentioned in section 83(2)(b) of the Finance Act 1989 for the relevant period of account.
- (5) Where there is no amount shown in relation to the transferee's non-profit fund in column 1 of line 51 of Form 14 of the periodical return of the transferee for the first period of account of the transferee ending on or after the transfer date (“the first post-transfer period of account”), the chargeable excess is to be brought into account by the transferee as mentioned in section 83(2) of the Finance Act 1989 as a decrease in the value of non-linked assets for the first post-transfer period of account.
- (6) Where—
- (a) there is an amount shown in relation to the transferee's non-profit fund in column 1 of line 51 of Form 14 of the periodical return of the transferee for the first post-transfer period of account, and
- (b) the amount so shown in column 1 of line 51 of Form 14 of the periodical return of the transferee for that period of account, or for any other period of account of the transferee ending after the transfer date, (an “affected period of account”) is less than the total chargeable excess amount,
the relevant amount is to be brought into account by the transferee as mentioned in section 83(2) of the Finance Act 1989 as a decrease in the value of non-linked assets for the affected period of account.
- (7) For this purpose “the relevant amount” is the amount by which—
- (a) the amount shown in relation to the transferee's non-profit fund in column 1 of line 51 of Form 14 of the periodical return of the transferee for the affected period of account, is less than
- (b) the total chargeable excess amount less any amount brought into account by the transferee as mentioned in section 83(2) of the Finance Act 1989 as a decrease in the value of non-linked assets for any earlier period of account by virtue of the operation of this section in relation to the transferee's non-profit fund.
- (8) In subsections (6) and (7) “*the total chargeable excess amount*” means the aggregate of—
- (a) the chargeable excess, and
- (b) any amount which is the chargeable excess in relation to any other transfer of business to the transferee's non-profit fund.
- (9) In this section “*the relevant period of account*” means—
- (a) the period of account of the transferor ending immediately before the transfer date, or
- (b) if no period of account of the transferor so ends, the period of account of the transferor covering the transfer date.
- (10) In this section “*the transfer scheme arrangements*” means the insurance business transfer scheme and any relevant associated operations; and for this purpose “*relevant associated operations*” means—
- (a) any other insurance business transfer scheme,
- (b) any contract of reinsurance, or
- (c) any reconstruction or amalgamation involving the transferor, a dependant of the transferor which is an insurance undertaking or the transferee,
which is effected in connection with the insurance business transfer scheme.
- (11) In subsection (10)—
- “dependant”, and
- “insurance undertaking”,
have the same meaning as in the Insurance Prudential Sourcebook.
- (12) In this section “*the transfer date*” means the date on which the insurance business transfer scheme takes effect.
- (13) For the purposes of this section an insurance company which has elected under section 83YA(9) of the Finance Act 1989 (changes in value of assets brought into account: non-profit companies) to be treated as a non-profit company in relation to a period of account is to be regarded as a non-profit company in relation to the period of account.
#### Section 432B apportionment: business transfers-in
##### 432F
- (1) The provisions of this section provide for the reduction of the amount determined in accordance with section 432E(3) (“the subsection (3) figure”) for an accounting period in which that amount exceeds, or would otherwise exceed, the amount determined in accordance with section 432E(2) (“the subsection (2) figure”).
- (2) . . . There shall be determined for each accounting period the amount (if any) by which the subsection (2) figure . . . exceeds the subsection (3) figure (“the subsection (2) excess”).
- (3) Where there is a subsection (2) excess, the amount shall be carried forward and if in any subsequent accounting period the subsection (3) figure exceeds, or would otherwise exceed, the subsection (2) figure, it shall be reduced by the amount or cumulative amount of subsection (2) excesses so far as not previously used under this subsection.
- (4) Where in an accounting period that amount is greater than is required to bring the subsection (3) figure down to the subsection (2) figure, the balance shall be carried forward and aggregated with any subsequent subsection (2) excess for use in subsequent accounting periods.
##### 432G
- (1) There is referable to the life assurance business of the transferee the appropriate fraction of the amount brought into account as a business transfer-in and of any amount taken into account as profits under section 444ABD(1).
- (2) For the purposes of subsection (1) above “the appropriate fraction” is—
$$LABLTL$where—LABL is the amount of the liabilities transferred that are referable to the life assurance business (but is nil if it would otherwise be below nil); andTL is the whole of the liabilities transferred.$
- (3) But if the amount of the liabilities transferred is nil, the appropriate fraction for the purposes of subsection (1) above is such fraction as is just and reasonable.
- (4) There is referable to the gross roll-up business of the transferee the relevant fraction of the amount brought into account as a business transfer-in and of any amount taken into account as profits under section 444ABD(1).
- (5) For the purposes of subsection (4) above “the relevant fraction” is—
$$GRBLTL$where—GRBL is the amount of the liabilities transferred that are referable to the gross roll-up business (but is nil if it would otherwise be below nil); andTL has the same meaning as in subsection (2) above.$
- (6) But if the amount of the liabilities transferred is nil, the relevant fraction for the purposes of subsection (4) above is such fraction as is just and reasonable.
### Miscellaneous provisions relating to life assurance business
##### 434AZA
- (1) Where this section applies in the case of a company carrying on life assurance business, relief allowable under section 393A or Chapter 4 of Part 10 in respect of losses incurred by the company in the life assurance business in an accounting period is reduced in accordance with section 434AZB.
- (2) This section applies in the case of a company where—
- (a) there has been a relevant addition to one or more non-profit funds in a period of account ending no later than the accounting period (“the relevant period of account”) (see subsection (3)),
- (b) the company is not a non-profit company in relation to the relevant period of account and has not elected under subsection (9) of section 83YA of the Finance Act 1989 to be treated for the purposes of that section as if it were, and
- (c) condition A or B is met,
and, if the relevant period of account is not the period of account ending with the accounting period (“the current period of account”), condition C is also met.
- (3) For the purposes of subsection (2), there is a relevant addition to a non-profit fund in the relevant period of account if an amount is shown as a transfer from non-technical account in line 32 of the Form 58 of the non-profit fund in the periodical return for that period of account.
- (4) Condition A is that there is a relevant book value election in relation to assets of a non-profit fund of the company.
- (5) For the purposes of subsection (4), there is a relevant book value election in relation to assets of a non-profit fund if an amount is shown in relation to the non-profit fund as the excess of the value of net admissible assets in line 51 of the Form 14 of the non-profit fund in the periodical return for the current period of account.
- (6) Condition B is that the company is party to arrangements the main purpose, or one of the main purposes, of which is to reduce the relevant admissible value of assets of a non-profit fund of the company, other than any structural assets.
- (7) For the purposes of subsection (6) (and section 434AZB), the “*relevant admissible value*” means the value reflected in line 89 of Form 13 of the periodical return for the current period of account.
- (8) Condition C is that the surplus arising since the last valuation shown in line 34 of the Form 58 of the non-profit fund, or any of the non-profit funds, in relation to which condition A or B is met in the periodical return for the current period of account is a negative amount.
#### Exempt distributions: division of business
##### 434AZB
- (1) The amount of the relief allowable as mentioned in section 434AZA(1) is reduced by whichever of the following is the least—
- (a) the amount of the loss,
- (b) the amount specified in subsection (2), and
- (c) the amount specified in subsection (4).
- (2) The amount mentioned in subsection (1)(b) is—
- (a) where only condition A in section 434AZA is met, the relevant amount relating to the non-profit fund in relation to which it is met or (where it is met in relation to more than one non-profit fund) the sum of the relevant amounts relating to them,
- (b) where only condition B is met, the amount of the relevant reduction relating to the non-profit fund in relation to which it is met or (where it is met in relation to more than one non-profit fund) the sum of the relevant reductions relating to them, and
- (c) where both condition A and condition B are met, the aggregate of the amounts in paragraphs (a) and (b).
- (3) In subsection (2)—
- (a) “*relevant amount*”, in relation to a non-profit fund, means the amount shown in relation to the non-profit fund as the excess of the value of net admissible assets in line 51 of the Form 14 of the non-profit fund in the periodical return for the current period of account (as reduced by any amount which has had effect to reduce relief for losses for a previous accounting period), and
- (b) “*relevant reduction*”, in relation to a non-profit fund, means the reduction of the relevant admissible value of assets of the non-profit fund (other than structural assets) which is attributable to the arrangements (as so reduced).
- (4) The amount mentioned in subsection (1)(c) is—
- (a) if the relevant period of account is the current period of account, the amount referred to in section 434AZA(3) in the case of the non-profit fund, or of each of the non-profit funds, to which there has been a relevant addition in the relevant period of account, and
- (b) otherwise, so much of the amount shown in line 31 of the Form 58 of the non-profit fund or non-profit funds in the periodical return for the current period of account as is attributable to the amount so referred to.
##### 434AZC
- (1) For the purposes of sections 434AZA and 434AZB, a non-profit fund required to support a with-profits fund is to be treated as not being a non-profit fund.
- (2) Sections 434AZA and 434AZB apply to a non-profit part of a with-profits fund as if references to something shown in the Form 14 or Form 58 of the non-profit fund in a periodical return were to what would be so shown if there were a Form 14 or Form 58 of the non-profit part of the with-profits fund in the periodical return.
- (3) In sections 434AZA and 434AZB—
- “*arrangements*” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), and
- “*structural assets*” has the same meaning as in section 83XA of the Finance Act 1989 (see subsection (3) of that section and any regulations made under it).
##### 434B
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 434C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 434D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 434E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 436A
- (1) Profits arising to an insurance company from gross roll-up business—
- (a) are to be treated as income within Schedule D, and
- (b) are chargeable under Case VI of that Schedule.
- (2) For that purpose—
- (a) the gross roll-up business is to be treated separately, and
- (b) the profits from it are to be computed in accordance with the provisions of this Act applicable to Case I of Schedule D.
- (3) In making that computation, sections 82 and 82B to 83AB 83ZA of the Finance Act 1989 apply with the necessary modifications.
- (4) If in any accounting period an insurance company incurs a loss, to be computed on the same basis as the profits, arising from its gross roll-up business—
- (a) the loss must be set off against the amount of any profits chargeable under this section for any subsequent accounting period, and
- (b) accordingly, the amount of the company's profits so charged in any such accounting period is to be treated as reduced by the amount of the loss or so much of that amount as cannot be relieved under this section against profits of an earlier accounting period.
- (5) Section 396 does not apply to a loss incurred by an insurance company on its gross roll-up business.
- (6) No loss to which section 396 applies may be set off . . . against the amount of any profits chargeable under this section.
- (7) This section does not apply in relation to an insurance company for an accounting period if the profits of its long-term business for the accounting period are charged to tax under Case I of Schedule D.
##### 436B
- (1) Gains referable to gross roll-up business are not chargeable gains.
- (2) For the purposes of this section “*gains referable to gross roll-up business*” means gains which—
- (a) accrue to an insurance company on the disposal by it of assets of its long-term insurance fund, and
- (b) are referable (in accordance with section 432A) to gross roll-up business.
##### 437A
- (1) For the purposes of section 437 an annuity is a steep-reduction annuity if—
- (a) the amount of any payment in respect of the annuity (but not the term of the annuity) depends on any contingency other than the duration of a human life or lives;
- (b) the annuitant is entitled in respect of the annuity to payments of different amounts at different times; and
- (c) those payments include a payment (“*a reduced payment*”) of an amount which is substantially smaller than the amount of at least one of the earlier payments in respect of that annuity to which the annuitant is entitled.
- (2) Where there are different intervals between payments to which an annuitant is entitled in respect of any annuity, the question whether or not the conditions in subsection (1)(b) and (c) above are satisfied in the case of that annuity shall be determined by assuming—
- (a) that the annuitant’s entitlement, after the first payment, to payments in respect of that annuity is an entitlement to payments at yearly intervals on the anniversary of the first payment; and
- (b) that the amount to which the annuitant is assumed to be entitled on each such anniversary is equal to the annuitant’s assumed entitlement for the year ending with that anniversary.
- (3) For the purposes of subsection (2) above an annuitant’s assumed entitlement for any year shall be determined as follows—
- (a) the annuitant’s entitlement to each payment in respect of the annuity shall be taken to accrue at a constant rate during the interval between the previous payment and that payment; and
- (b) his assumed entitlement for any year shall be taken to be equal to the aggregate of the amounts which, in accordance with paragraph (a) above, are treated as accruing in that year.
- (4) In the case of an annuity to which subsection (2) above applies, the reference in section 437(1CB)(a) to the making of a reduced payment shall be construed as if it were a reference to the making of a payment in respect of that annuity which (applying subsection (3)(a) above) is taken to accrue at a rate that is substantially less than the rate at which at least one of the earlier payments in respect of that annuity is taken to accrue.
- (5) Where—
- (a) any question arises for the purposes of this section whether the amount of any payment in respect of any annuity—
- (i) is substantially smaller than the amount of, or
- (ii) accrues at a rate substantially less than,
an earlier payment in respect of that annuity, and
- (b) the annuitant or, as the case may be, every annuitant is an individual who is beneficially entitled to all the rights conferred on him as such an annuitant,
that question shall be determined without regard to so much of the difference between the amounts or rates as is referable to a reduction falling to be made as a result of the occurrence of a death.
- (6) Where the amount of any one or more of the payments to which an annuitant is entitled in respect of an annuity depends on any contingency, his entitlement to payments in respect of that annuity shall be determined for the purposes of section 437(1CA) to (1CC) and this section according to whatever (applying any relevant actuarial principles) is the most likely outcome in relation to that contingency.
- (7) Where any agreement or arrangement has effect for varying the rights of an annuitant in relation to a payment in respect of any annuity, that payment shall be taken, for the purposes of section 437(1CA) to (1CC) and this section, to be a payment of the amount to which the annuitant is entitled in accordance with that agreement or arrangement.
- (8) References in this section to a contingency include references to a contingency that consists wholly or partly in the exercise by any person of any option.
##### 438B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 438C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 439A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 439B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 440B
- (1) The following provisions apply where the profits of a company’s life assurance business are charged to tax in accordance with Case I of Schedule D in accordance with section 431G(3).
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subsection (1) of section 440 applies as if the only categories set out in subsection (4) of that section were—
- (a) assets of the long-term insurance fund, and
- (b) other assets.
- (4) Section 440A applies as if for paragraphs (a), (d) and (e) of subsection (2) there were substituted—
- (“) so many of the securities as are included in the company's long-term insurance fund shall be treated for the purposes of corporation tax as a separate holding which is an asset of that fund, and
- (b) any remaining securities shall be treated for those purposes as a separate holding which is not of the description mentioned in the preceding paragraph.”.
- (4A) Section 440(2) does not apply if either the transferor or the company by which the asset is acquired is a company whose profits are charged to tax in accordance with Case I of Schedule D (or if they both are).
- (4B) Section 211 of the 1992 Act does not apply in relation to assets which are referable to the life assurance business of the transferor if the transferor is a company whose profits are charged to tax in accordance with Case I of Schedule D.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 440C
- (1) Subsection (2) makes provision for a case where—
- (a) subsection (4) of section 431G applies in relation to the profits of the life assurance business of an insurance company for any accounting period, but
- (b) the profits of that business for a succeeding accounting period fall to be charged to tax in accordance with Case I of Schedule D by virtue of subsection (3) of that section.
- (2) The loss referred to in section 431G(4)(b) (less any loss for the same accounting period set off under section 436A for any intervening accounting period and any amount deducted for any such period in respect of the loss by virtue of section 85A(3)(b) of the Finance Act 1989) may be set off under section 393 against profits of that succeeding accounting period (without being reduced in accordance with section 434A(2)(a)).
- (3) In determining whether any loss has been set off under section 436A for any intervening accounting period, or whether any amount has been deducted for any such period in respect of the loss by virtue of section 85A(3)(b) of the Finance Act 1989, losses of earlier accounting periods are to be assumed to be set off before those of later accounting periods.
- (4) Subsection (5) makes provision for a case where—
- (a) a loss arises to an insurance company for an accounting period for which the profits of its life assurance business fall to be charged to tax in accordance with Case I of Schedule D by virtue of section 431G(3)(b),
- (b) the profits of that business for a subsequent accounting period are charged to tax under the I minus E basis, and
- (c) had those profits (instead) been charged to tax in accordance with Case I of Schedule D, any of that loss would have been available to be set off against them under section 393.
- (5) The loss is to be treated for the purposes of the operation of section 436A in relation to the subsequent accounting period as if it were a loss arising from its gross roll-up business in the accounting period in which it arose.
- (6) Subsections (7) and (8) make provision for a case where—
- (a) the profits of the life assurance business of an insurance company for an accounting period are charged to tax under the I minus E basis,
- (b) the profits of that business for its next accounting period fall to be charged to tax in accordance with Case I of Schedule D by virtue of section 431G(3), and
- (c) that prevents the giving of relief in accordance with section 86(8) of the Finance Act 1989 (acquisition expenses relieved in fractions under section 76).
- (7) Any relief which would have been so given in—
- (a) the next accounting period, or
- (b) any subsequent accounting period for which the profits of the company's life assurance business continue to be charged to tax in accordance with Case I of Schedule D,
may be given by set-off against any gains treated as accruing under section 213(1) of the 1992 Act at the end of the accounting period.
- (8) But if the profits of the company's life assurance business for a subsequent accounting period are charged to tax under the I minus E basis, any relief not previously given under subsection (7) is to be treated for the purposes of the operation of section 76 in relation to the first subsequent accounting period for which profits are so charged as if it were an amount which is to be relieved under that section by virtue of section 86(8) and (9) of the Finance Act 1989.
#### Additions to non-profit funds: amount of loss reduction
##### 440D
Schedule 19ABA (which makes modifications of this Act in relation to BLAGAB group reinsurers) shall have effect.
##### 441B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 442A
- (1) Where an insurance company reinsures any risk in respect of a policy or contract attributable to its basic life assurance and general annuity business, the investment return on the policy or contract shall be treated as accruing to the company while the risk remains reinsured by the company under the reinsurance arrangement and shall be charged to tax under Case VI of Schedule D.
- (2) The Board may make provision by regulations as to the amount of investment return to be treated as accruing in each accounting period during which the reinsurance arrangement is in force.
- (3) The regulations may, in particular, provide that the investment return to be treated as accruing to the company in respect of a policy or contract in any accounting period shall be calculated by reference to—
- (a) the aggregate of the sums paid by the company to the reinsurer during that accounting period and any earlier accounting periods by way of premium or otherwise;
- (b) the aggregate of the sums paid by the reinsurer to the company during that accounting period and any earlier accounting periods by way of commission or otherwise;
- (c) the aggregate amount of the net investment return treated as accruing to the company in any earlier accounting periods, that is to say, net of tax at such rate as may be prescribed; and
- (d) such percentage rate of return as may be prescribed.
- (3A) Where a transfer of the reinsurance arrangement from one insurance company (“*the transferor*”) to another (“*the transferee*”) is effected by novation or an insurance business transfer scheme, for the purpose of calculating the investment return to be treated as accruing to the transferee in respect of the policy or contract after the transfer, the references to the company in subsection (3)(a), (b) and (c) above include (as well as the transferee)—
- (a) the transferor, and
- (b) any insurance company from which the reinsurance arrangement was transferred on an earlier transfer effected by novation or an insurance business transfer scheme.
- (4) The regulations shall provide that the amount of investment return to be treated as accruing . . . in respect of a policy or contract in the final accounting period during which the policy or contract is in force is the amount, ascertained in accordance with regulations, by which the profit over the whole period during which the policy or contract, and the reinsurance arrangement, were in force exceeds the aggregate of the amounts treated as accruing in earlier accounting periods.
- (5) Regulations under this section—
- (a) may exclude from the operation of this section such descriptions of insurance company, such descriptions of policies or contracts and such descriptions of reinsurance arrangements as may be prescribed;
- (b) may make such supplementary provision as to the ascertainment of the investment return to be treated as accruing to the company as appears to the Board to be appropriate, including provision requiring payments made during an accounting period to be treated as made on such date or dates as may be prescribed; and
- (c) may make different provision for different cases or descriptions of case.
- (6) In this section “*prescribed*” means prescribed by regulations under this section.
##### 444AZA
- (1) This section applies where—
- (a) an insurance business transfer scheme has effect to transfer life assurance business from one person (“*the transferor*”) to another (“*the transferee*”),
- (b) assuming the transferor had continued to carry on the business transferred after the transfer, the amount of any profits would have been charged to tax in respect of that business under the I minus E basis,
- (c) the profits in respect of the business transferred for the first period of account of the transferee ending after the date on which the transfer takes effect are charged to tax in accordance with Case I of Schedule D by virtue of section 431G(3), and
- (d) the conditions in paragraphs (a) and (b) of section 343(1) are satisfied in relation to the business transferred (construing references to an event as to a transfer).
- (2) Any loss which (assuming the transferor had continued to carry on the business transferred after the transfer) would have been available to be set off against profits chargeable under section 436A (a “Case VI loss”) shall instead be treated as a loss of the transferee (a “Case I loss”) available to be set off against GRBP in relation to a period of account.
- (3) For the purposes of subsection (2) above “*GRBP*”, in relation to a period of account, is—
$P×GRBTLTL$
where—
- *P* is the amount of such profits of the transferee's life assurance business for the period of account as relate to the business transferred (that amount being determined in accordance with section 343(9) and (10), where applicable),
- *GRBTL* is the mean of the opening and closing liabilities of the transferred gross roll-up business for the period of account, and
- *TL* is the mean of the opening and closing liabilities of the transferred life assurance business for the period of account.
- (4) Where the transfer is of part only of the transferor's long-term business, subsection (2) above shall apply only to such part of any Case VI loss to which it would otherwise apply as is appropriate.
- (5) Any question arising as to the operation of subsection (4) above shall be determined by the Special Commissioners who shall determine the question in the same manner as they determine appeals; but both the transferor and the transferee shall be entitled to appear and be heard or to make representations in writing.
#### Income or gains arising from property investment LLP
##### 444AZB
- (1) This section applies where—
- (a) an insurance business transfer scheme has effect to transfer life assurance business from one person (“*the transferor*”) to another (“*the transferee*”),
- (b) assuming the transferor had continued to carry on the business transferred after the transfer, the amount of any profits would have been charged to tax in accordance with Case I of Schedule D by virtue of section 431G(3),
- (c) the profits in respect of the business transferred for the first period of account of the transferee ending after the date on which the transfer takes effect are charged to tax under the I minus E basis, and
- (d) the conditions in paragraphs (a) and (b) of section 343(1) are satisfied in relation to the business transferred (construing references to an event as to a transfer).
- (2) The relevant fraction of any loss which (assuming the transferor had continued to carry on the business transferred after the transfer) would have been available to be set off against profits of that business (a “Case I loss”) shall instead be treated as a loss of the transferee (a “Case VI loss”) available to be set off against the amount of such profits chargeable under section 436A for a period of account as relate to the business transferred (that amount being determined in accordance with section 343(9) and (10), where applicable).
- (3) For the purposes of subsection (2) above “*the relevant fraction*”, in relation to a period of account, is—
$GRBTLTL$
where—
- *GRBTL* is the mean of the opening and closing liabilities of the transferred gross roll-up business for the period of account, and
- *TL* is the mean of the opening and closing liabilities of the transferred life assurance business for the period of account.
- (4) Where the transfer is of part only of the transferor's long-term business, subsection (2) above shall apply only to such part of the amount of any Case I loss to which it would otherwise apply as is appropriate.
- (5) Any question arising as to the operation of subsection (4) above shall be determined by the Special Commissioners who shall determine the question in the same manner as they determine appeals; but both the transferor and the transferee shall be entitled to appear and be heard or to make representations in writing.
##### 444AA
- (1) This section applies where the whole of the long-term business of a person (“*the transferor*”) is transferred from that person–
- (a) by one insurance business transfer scheme, or
- (b) by two or more insurance business transfer schemes which take effect on the same date.
- (2) Where (apart from this subsection) there would not be a periodical return of the transferor covering a period ending immediately before the transfer date, there is to be deemed for the purposes of corporation tax to be a periodical return of the transferor covering the period—
- (a) beginning immediately after the last period ending before the transfer date which is covered by a periodical return of the transferor, and
- (b) ending immediately before the transfer date.
- (3) The periodical return deemed to exist by subsection (2) above is to be deemed to contain—
- (a) such entries as would be included in an actual periodical return of the transferor covering the period mentioned in subsection (2) above, and
- (b) such entries as would be included in an actual periodical return of the transferor covering the period—
- (i) beginning immediately after the end of the period mentioned in subsection (2) above, and
- (ii) ending immediately before the transfer had effect,
and the period mentioned in subsection (2) above is to be deemed to be a period of account (but not an accounting period) of the transferor.
- (4) There is to be deemed for the purposes of corporation tax to be a periodical return of the transferor—
- (a) covering the transfer date, and
- (b) containing the appropriate entries.
- (5) In subsection (4) above “*appropriate entries*” means such entries as would be included in an actual periodical return covering the transfer date—
- (a) in line 32 of Form 40, and
- (b) in line 11 of Form 14, in both columns (treating references in that form to “current year” as references to the time immediately after the transfer date and to “previous year” as references to the time immediately before the transfer date).
- (6) A transfer date covered by a periodical return deemed to exist by subsection (4) above is to be deemed to be a period of account of the transferor only for the purpose of taking into account profits under section 444ABD.
- (7) Where—
- (a) a periodical return deemed to exist by subsection (4) above is preceded by an actual periodical return of the transferor covering the period immediately before the transfer date, and
- (b) profits are to be taken into account under section 444ABD in the period of account deemed to exist by subsection (6) above,
those profits are to be deemed for the purposes of corporation tax to be profits arising on the last day of the period of account covered by the actual periodical return.
- (8) Any actual periodical return of the transferor covering a period which includes the transfer date is to be ignored for the purposes of corporation tax.
- (9) In this section and sections 444AB to 444AECC “*the transfer date*”, in relation to an insurance business transfer scheme, means the date on which it takes effect.
##### 444AB
- (1) This section applies where—
- (a) an insurance business transfer scheme has effect to transfer long-term business of a person (“*the transferor*”) to another person (“*the transferee*”), and
- (b) condition A or condition B is met.
- (2) Condition A is met if any of the assets of the transferor's long-term insurance fund which are transferred . . . by the insurance business transfer scheme are not, immediately after their transfer—
- (a) if the transferee is an insurance company or an insurance special purpose vehicle, assets of the transferee's long-term insurance fund, or
- (b) if the transferee is not an insurance company , an insurance special purpose vehicleor a friendly society, assets of a fund of the transferee which would be a with-profits fund if the transferee were an insurance company,
(“relevant non-transferred assets”).
- (3) Condition B is met if, immediately after the transfer date, the transferor—
- (a) does not carry on long-term business, but
- (b) holds any assets which, immediately before the transfer date, were assets of its long-term insurance fund (“retained assets”).
- (4) If there are relevant non-transferred assets or retained assets (or both) the relevant amount in relation to them (see subsection (5) below) is to be taken into account under section 83(2) of the Finance Act 1989 as an increase in value of the assets of the long-term insurance fund of the transferor for the relevant period of account (see subsection (6) below).
- (5) Section 444ABA makes provision for the calculation of the relevant amount in relation to relevant non-transferred assets; and section 444ABB makes provision for its calculation in relation to retained assets.
- (5A) In this section references to assets held by the transferor after the transfer do not include—
- (a) assets held on trust for the transferee, or
- (b) assets held to meet liabilities which have been wholly reinsured and which are intended to be transferred under an insurance business transfer scheme to the reinsurer.
- (6) In this section and sections 444ABA to 444AC “*the relevant period of account*” means the period of account of the transferor ending, or treated by section 444AA(2) as ending, immediately before the transfer date.
- (7) See section 444AA for the meaning of “the transfer date” in this section.
- (8) For the purpose of paragraph (2)(a), in relation to an insurance special purpose vehicle which is not an insurance company, “*long-term insurance fund*” has the meaning it has in paragraph 4(5) of Schedule 19ABA.
##### 444ABA
- (1) For the purposes of section 444AB the relevant amount in relation to assets that are relevant non-transferred assets is—
$$FVA-BTO$where—FVA is the fair value of the assets on the transfer date, andBTO is the lesser of ABTO and AL13, where—ABTO is any amount brought into account in respect of the assets as a business transfer-out and shown (or treated as shown) in line 32 of Form 40 in the periodical return of the transferor for the period of account of the transferor including the transfer date, andAL13 is any positive amount shown (or treated as shown) in line 13 of Form 14 in the periodical return for the last period of account of the transferor ending before the transfer date.$
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) See section 444AA for the meaning of “the transfer date”. . . in this section.
##### 444ABAA
- (1) For the purposes of section 444AB the relevant amount in relation to assets that are non-profit fund transferred assets is—
$$FVA-(ABTO+TL)$where—FVA is the fair value of the assets on the transfer date,ABTO is any amount brought into account in respect of the assets as a business transfer-out and shown (or treated as shown) in line 32 of Form 40 in the periodical return of the transferor for the period of account of the transferor including the transfer date, andTL is the amount of any non-profit fund transferred liabilities which are shown (or treated as shown) in any of lines 17, 21 to 23 and 31 to 38, but not in line 61, in Form 14 in the periodical return for the period of account of the transferor ending (or treated as ending by section 444AA) immediately before the transfer date or, if there is no period of account of the transferor so ending (or treated as so ending), the amount of any liabilities which would be so shown if one did.$
- (2) In subsection (1) “*non-profit fund transferred liabilities*” means such of the liabilities of the transferor's long-term insurance fund as are transferred from the transferor to the transferee by the insurance business transfer scheme and were, immediately before their transfer, liabilities of a non-profit fund of the transferor.
- (3) See section 444AA for the meaning of “the transfer date” in this section.
#### Securities.
##### 444ABB
- (1) For the purposes of section 444AB the relevant amount in relation to assets that are retained assets is—
$FVA-ABDP-RL13-RRL$
where—
- FVA is the fair value of the assets on the transfer date,
- ABDP is the amount of the profits to be taken into account as profits under section 444ABD,
- RL13 is the amount by which AL13 exceeds VE, and
- RRL is the value of any relevant retained liabilities immediately after the transfer date.
But the relevant amount is nil if it would otherwise be below nil.
- (1A) For the purposes of subsection (1) above—
- (a) AL13 is any positive amount shown (or treated as shown) in line 13 of Form 14 in the periodical return for the last period of account of the transferor ending before the transfer date;
- (b) VE is the amount (if any) by which VL32 exceeds VTL where—
- (i) VL32 is the value of the assets shown (or treated as shown) in line 32 of Form 40 in the periodical return of the transferor covering (or treated as covering) the transfer date, and
- (ii) VTL means the amount of the mathematical reserves (as determined in accordance with section 1.2 of the Insurance Prudential Sourcebook) transferred by the insurance business transfer scheme; and
- (c) relevant retained liabilities are any liabilities of the company's long-term business which are owed by the company immediately after the transfer date and are shown (or treated as shown) in any of lines 17, 21 to 23 and 31 to 38 in Form 14 in a periodical return for the period of account ending (or treated as ending by section 444AA) immediately before the transfer date.
- (2) See section 444AA for the meaning of “the transfer date” in this section.
##### 444ABBA
- (1) This section applies where an insurance business transfer scheme has effect to transfer long-term business from one person (“*the transferor*”) to another (“*the transferee*”).
- (2) If the transferor and the transferee jointly elect, the transferee (and not the transferor) is chargeable to any amount of additional corporation tax to which the transferor would otherwise be chargeable by virtue of section 444AB(4) in relation to relevant non-transferred assets.
- (3) An election under subsection (2) above—
- (a) is to be irrevocable, and
- (b) is to be made by notice to an officer of Revenue and Customs no later than the end of the period of 90 days beginning with the day following the transfer date,
and a copy of the notice containing the election must accompany the tax return of the transferee for the first accounting period ending after the transfer. Paragraphs 54 to 60 of Schedule 18 to the Finance Act 1998 (claims and elections for corporation tax purposes) do not apply to such an election.
- (4) Where an election under subsection (2) above has been made, the transferor must inform the transferee of—
- (a) the amount of any additional corporation tax to which the transferor considers the election to apply, and
- (b) the day on which that tax is due and payable,
no later than the end of the period of 8 months beginning with the day following the transfer date.
- (5) Tax chargeable on the transferee by virtue of an election under subsection (2) above—
- (a) is due in accordance with section 59D of the Management Act on the day on which it would have been due if no election had been made, and
- (b) for the purposes of that section, is to be treated as tax payable by the transferor (and not as tax payable by the transferee).
- (6) See section 444AA for the meaning of “the transfer date” in this section.
##### 444ABC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444ABD
- (1) Any profits representing the amount by which—
- (a) the amount of the mathematical reserves (as determined in accordance with section 1.2 of the Insurance Prudential Sourcebook) transferred by an insurance business transfer scheme, exceeds
- (b) the value of the assets transferred by the insurance business transfer scheme shown (or treated as shown) in line 32 of Form 40 of the periodical return of the transferor for the period of account of the transferor including the transfer date,
are to be taken into account as profits of that period of account in accordance with subsections (1A) and (1C) below.
- (1A) Where the profits of the life assurance business of the transferor for a period of account are charged to tax in accordance with Case I of Schedule D by virtue of section 431G(3), the appropriate fraction of the amount of the profits to which subsection (1) above applies is to be taken into account as profits of that period of account chargeable to tax in accordance with Case I of Schedule D (and not otherwise).
- (1B) For the purposes of subsection (1A) above “the appropriate fraction” is the appropriate fraction for the purposes of section 432G(1).
- (1C) Where the profits of the life assurance business of the transferor for a period of account are charged to tax under the I minus E basis, the relevant fraction of the amount of the profits to which subsection (1) above applies is to be taken into account as profits of that period of account chargeable to tax under section 436A (and not otherwise).
- (1D) For the purposes of subsection (1C) above “the relevant fraction” is the relevant fraction for the purposes of section 432G(4).
- (1E) Where the value mentioned in paragraph (b) of subsection (1) above exceeds the amount mentioned in paragraph (a) of that subsection, the amount of the excess is not to be taken into account as a loss of the transferor.
- (2) See section 444AA for the meaning of “the transfer date” in this section.
##### 444AC
- (1) This section applies where an insurance business transfer scheme has effect to transfer . . . long-term business of a person (“*the transferor*”) to another person (“*the transferee*”) and the condition in subsection (2) below is met.
- (2) The condition is that the transferor did not carry on life assurance business that is mutual business during the relevant period of account.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The amount which (apart from this section) would be regarded as other income of the transferee for the purposes of section 83(2)(e) of the Finance Act 1989 for the period of account of the transferee which includes the transfer date is to be reduced by an amount equal to the lesser of the transferred surplus and any positive amount shown (or treated as shown) in line 13 of Form 14 in the periodical return for the last period of account of the transferor ending before the transfer date.
- (5) In subsection (4) above “*the transferred surplus*”is VE – RBTO where—
- (a) VE has the same meaning as in section 444ABB, and
- (b) RBTO means so much of BTO as relates to relevant non-transferred assets transferred to the transferee where—
- (i) BTO has the same meaning as in section 444ABA, and
- (ii) “*relevant non-transferred assets*” has the same meaning as in section 444AB.
- (5A) Where the transfer is to more than one transferee, the amount of any reduction to be made in accordance with subsection (4) above is to be apportioned to each transferee on a just and reasonable basis.
- (6) See section 444AA for the meaning of “the transfer date”, and section 444AB for the meaning of “the relevant period of account”, in this section.
##### 444ACZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444ACA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444AD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444AE
- (1) Where an insurance business transfer scheme has effect to transfer the relevant financing arrangements entered into in relation to a non-profit fund of an insurance company (“*the transferor*”) to another person (“*the transferee*”), after the transfer—
- (a) they are to be treated for the purposes of sections 83YC and 83YD of the Finance Act 1989 as having been entered into by the transferee, but
- (b) the references in those sections to earlier periods of account of the transferee include earlier periods of account of the transferor.
- (2) But if the insurance business transfer scheme has effect—
- (a) to transfer some but not all of the relevant financing arrangements entered into in relation to the non-profit fund of the transferor, or
- (b) to transfer all of those relevant financing arrangements but not all to one person,
any calculation required by virtue of section 83YC or 83YD in relation to a period of account of the transferor, or of the transferee or any of the transferees, ending after the transfer is to be made on a just and reasonable basis.
- (3) Subsection (4) below applies where—
- (a) relevant financing arrangements have been entered into in relation to a non-profit fund of an insurance company (“the old company”), and
- (b) as a result of any transaction other than an insurance business transfer scheme, another insurance company (“the new company”) becomes the debtor in respect of the money debt, or the cedant, under the financial reinsurance arrangements.
- (4) Where this subsection applies, after the transaction—
- (a) the relevant financing arrangements are to be treated for the purposes of sections 83YC and 83YD as having been entered into by the new company, but
- (b) the references in those sections to earlier periods of account of the new company include earlier periods of account of the old company, and
- (c) the transaction is not to be regarded as causing the condition in section 83YD(3) to be met in relation to the old company.
- (5) But if the transaction has effect—
- (a) to transfer some but not all of the relevant financing arrangements entered into in relation to the non-profit fund of the old company, or
- (b) to transfer all of those relevant financing arrangements but not all to one person,
any calculation required by virtue of section 83YC or 83YD in relation to a period of account of the old company, or of the new company or any of the new companies, ending after the transaction is to be made on a just and reasonable basis.
- (6) Expressions used in this section and section 83YC or 83YD have the same meanings here as there.
##### 444AEA
- (1) This section applies where—
- (a) as a result of the whole . . . of transfer scheme arrangements involving the transfer of long-term business from one person (“*the transferor*”) to another (“*the transferee*”) a Case I advantage is obtained by the transferor or the transferee (or by both), and
- (b) the sole or main purpose, or one of the main purposes, of the whole . . . of the transfer scheme arrangements is the obtaining of that Case I advantage.
- (2) In subsection (1) above “*transfer scheme arrangements*” means an insurance business transfer scheme (“*the relevant transfer scheme*”) together with any relevant associated operations.
- (3) If a Case I advantage is obtained by the transferor (see subsection (1) of section 444AEB), the amount of the transferor's Case I advantage (see subsection (2) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferor—
- (a) to the extent that the advantage is obtained by the transferor in the period of account covering the transfer date or any earlier period of account—
- (i) for the period of account of the transferor ending (or treated as ending) immediately before the transfer date, or
- (ii) where there is no such period, for the period of account of the transferor including the transfer date, and
- (b) to the extent that the advantage is obtained by the transferor in any later period of account of the transferor in which any relevant associated operations are effected, for that later period of account.
- (4) If a Case I advantage is obtained by the transferee (see subsection (1) of section 444AEC), the amount of the transferee's Case I advantage (see subsection (2) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferee for the period of account of the transferee in which the advantage is obtained by the transferee.
- (5) In this section and sections 444AEB to 444AECC“*relevant associated operations*”, in relation to the relevant transfer scheme, means—
- (a) any other insurance business transfer scheme,
- (b) any contract of reinsurance,
- (c) any reconstruction or amalgamation involving the transferor, a dependant of the transferor which is an insurance undertaking or the transferee, or
- (d) any surplus-increasing transfer of assets,
which is effected in connection with the relevant transfer scheme.
- (6) In subsection (5) above—
- “*dependant*” and “*insurance undertaking*” have the same meaning as in the Insurance Prudential Sourcebook, and
- “*surplus-increasing transfer of assets*” means a transfer of assets of the transferor's long-term insurance fund to the transferee which is not brought into account for any period of account of the transferee but increases the amount of total surplus shown in line 39 of Form 58 in any periodical return of the transferee.
- (7) See section 444AA for the meaning of “the transfer date” in this section.
##### 444AEB
- (1) A Case I advantage is obtained by the transferor if—
- (a) Case I profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, or
- (b) Case I losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (2) If a Case I advantage is obtained by the transferor, the amount of the Case I advantage is the aggregate of—
- (a) the amounts (if any) by which Case I profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, and
- (b) the amounts (if any) by which Case I losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (3) This section applies to a period of account if it is—
- (a) the period of account of the transferor covering the transfer date,
- (b) any earlier period of account of the transferor, or
- (c) where any relevant associated operations are effected in any later period of account, that period of account.
- (4) In this section and sections 444AEC, 444AECB and 444AECC—
- “*Case I profits*” and “*Case I losses*” means profits and losses computed in accordance with the provisions of Case I of Schedule D, and
- “the relevant time” is the time at which any application under section 444AED is made, or, if no such application is made, the transfer date.
- (5) See section 444AA for the meaning of “the transfer date”, and section 444AEA for the meaning of “relevant associated operations”, in this section.
##### 444AEC
- (1) A Case I advantage is obtained by the transferee if—
- (a) Case I profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, or
- (b) Case I losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (2) If a Case I advantage is obtained by the transferee, the amount of the Case I advantage is—
- (a) the amount by which Case I profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the whole of the transfer scheme arrangements, or
- (b) the amount by which Case I losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the whole of the transfer scheme arrangements.
- (3) This section applies to a period of account if it is—
- (a) the first period of account of the transferee ending after the transfer date or after the effecting of the first of any relevant associated operations (if that occurs before the transfer date),
- (b) the second period of account of the transferee ending after the transfer date or after the effecting of the last of any relevant associated operations (if that occurs after the transfer date), or
- (c) any intervening period of account.
- (4) See section 444AA for the meaning of “the transfer date”, section 444AEA for the meaning of “relevant associated operations” and section 444AEB for the meaning of “Case I profits” and “Case I losses” and “the relevant time”, in this section.
##### 444AECA
- (1) This section applies where—
- (a) as a result of any part of transfer scheme arrangements involving the transfer of long-term business from one person (“*the transferor*”) to another (“*the transferee*”) a Case I advantage is obtained by the transferor or the transferee (or by both), and
- (b) the sole or main purpose, or one of the main purposes, of that part of the transfer scheme arrangements is the obtaining of that Case I advantage.
- (2) In subsection (1) above “*transfer scheme arrangements*” has the same meaning as in section 444AEA.
- (3) If a Case I advantage is obtained by the transferor (see subsection (1) of section 444AECB), the amount of the transferor's Case I advantage (see subsection (3) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferor—
- (a) to the extent that the advantage is obtained by the transferor in the period of account covering the transfer date or any earlier period of account—
- (i) for the period of account of the transferor ending (or treated as ending) immediately before the transfer date, or
- (ii) where there is no such period, for the period of account of the transferor including the transfer date, and
- (b) to the extent that the advantage is obtained by the transferor in any later period of account of the transferor in which any relevant associated operations are effected, for that later period of account.
- (4) If a Case I advantage is obtained by the transferee (see subsection (1) of section 444AECC), the amount of the transferee's Case I advantage (see subsection (2) of that section) is to be taken into account as an increase in value of the assets of the long-term insurance fund of the transferee for the period of account of the transferee in which the advantage is obtained by the transferee.
- (5) See section 444AA for the meaning of “the transfer date”, and section 444AEA for the meaning of “relevant associated operations”, in this section.
##### 444AECB
- (1) A Case I advantage is obtained by the transferor if—
- (a) Case I profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for any part of the transfer scheme arrangements, or
- (b) Case I losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for any part of the transfer scheme arrangements.
- (2) But if any of the relevant associated operations would, by itself, cause the Case I profits to be greater or the Case I losses to be less than they would be but for that operation, the amount by which those profits would be greater or those losses would be less shall be taken into account in determining whether a Case I advantage is obtained by the transferor.
- (3) If a Case I advantage is obtained by the transferor, the amount of the Case I advantage is the aggregate of—
- (a) the amounts (if any) by which Case I profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the relevant part of the arrangements, and
- (b) the amounts (if any) by which Case I losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the relevant part of the arrangements.
- (4) This section applies to a period of account if it is—
- (a) the period of account of the transferor covering the transfer date,
- (b) any earlier period of account of the transferor, or
- (c) where any relevant associated operations are effected in any later period of account, that period of account.
- (5) In this section and section 444AECC “*the relevant part of the arrangements*” means, in relation to a Case I advantage, the part of the transfer scheme arrangements as a result of which the Case I advantage is obtained.
- (6) See section 444AA for the meaning of “the transfer date”, section 444AEA for the meaning of “relevant associated operations” and section 444AEB for the meaning of “Case I profits” and “Case I losses” and “the relevant time”, in this section.
##### 444AECC
- (1) A Case I advantage is obtained by the transferee if—
- (a) Case I profits of its life assurance business for a period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for any part of the transfer scheme arrangements, or
- (b) Case I losses of its life assurance business for such a period of account are, or at the relevant time are expected to be, greater than they would be but for the any part of the transfer scheme arrangements.
- (2) But if any of the relevant associated operations would, by itself, cause the Case I profits to be greater, or the Case I losses to be less, than they would be but for that operation, the amount by which those profits would be greater or those losses would be less shall be taken into account in determining whether a Case I advantage is obtained by the transferor.
- (3) If a Case I advantage is obtained by the transferee, the amount of the Case I advantage is—
- (a) the amount by which Case I profits for each period of account to which this section applies are, or at the relevant time are expected to be, less than they would be but for the relevant part of the arrangements, or
- (b) the amount by which Case I losses for each such period of account are, or at the relevant time are expected to be, greater than they would be but for the relevant part of the arrangements.
- (4) This section applies to a period of account if it is—
- (a) the first period of account of the transferee ending after the transfer date or after the effecting of the first of any relevant associated operations (if that occurs before the transfer date),
- (b) the second period of account of the transferee ending after the transfer date or after the effecting of the last of any relevant associated operations (if that occurs after the transfer date), or
- (c) any intervening period of account.
- (5) See section 444AA for the meaning of “the transfer date”, section 444AEA for the meaning of “relevant associated operations”, section 444AEB for the meaning of “Case I profits” and “Case I losses” and “the relevant time” and section 444AECB for the meaning of “the relevant part of the arrangements”, in this section.
##### 444AED
- (1) Sections 444AEA and 444AECA do not apply in relation to the transferor or the transferee if, on an application under this section, the Commissioners for Her Majesty's Revenue and Customs (“the HMRC Commissioners”) have given a notice under subsection (2) below.
- (2) A notice under this subsection is a notice stating that the HMRC Commissioners are satisfied—
- (a) that the obtaining of a Case I advantage by the applicant is not the sole or main purpose of the whole or any part of the transfer scheme arrangements, or
- (b) that the transferor and the transferee are members of the same group of companies and that there is no advantage to the group arising from any Case I advantage obtained by the transferor or by the transferee.
- (3) For the purposes of this section there is no advantage to a group arising from any Case I advantage obtained by the transferor or by the transferee if—
- (a) as a result of transfer scheme arrangements, there is an increase in the liability to corporation tax of one or more companies which are members of the group of companies, and
- (b) the amount (or aggregate amount) of that increase is not less than the reduction in the liability to corporation tax of the transferor or the transferee (or both) arising from the obtaining of the Case I advantage.
- (4) An application under this section must be in writing and contain particulars of the transfer scheme arrangements.
- (5) The HMRC Commissioners may by notice require the applicant to provide further particulars in order to enable them to determine the application.
- (6) A requirement may be imposed under subsection (5) above within 30 days of the receipt of the application or of any further particulars required under that subsection.
- (7) If a notice under subsection (5) above is not complied with within 30 days or such longer period as the HMRC Commissioners may allow, they need not proceed further on the application.
- (8) The HMRC Commissioners must give notice of their decision on an application under this section to the applicant within 30 days of receiving the application or, if they give a notice under subsection (5) above, within 30 days of that notice being complied with.
- (9) If the HMRC Commissioners—
- (a) give notice to the applicant under subsection (8) above that they are not satisfied as mentioned in subsection (2) above, or
- (b) do not comply with subsection (8) above,
the applicant may require them to transmit the application to the Special Commissioners.
- (10) A requirement under subsection (9) above must be imposed within 30 days of the giving of the notice or the failure to comply and must be accompanied by any notice given under subsection (5) above and further particulars provided pursuant to any such notice.
- (11) Any notice given by the Special Commissioners has effect for the purposes of subsection (1) above as if it were given by the HMRC Commissioners.
- (12) If any particulars provided under this section do not fully and accurately disclose all facts and considerations material for the decision of the HMRC Commissioners or the Special Commissioners, any resulting notice that they are satisfied as mentioned in subsection (2) above is void.
- (13) For the purposes of this section two companies are members of the same group of companies if they are for the purposes of Chapter 4 of Part 10.
### Surpluses of mutual and former mutual businesses
##### 444AF
- (1) This section applies in relation to a period of account of an insurance company (“*the relevant period*”) if—
- (a) at any time in the relevant period the company carries on life assurance business that is not mutual business,
- (b) the company has an amount of undistributed demutualisation surplus for the relevant period (see subsection (7)), and
- (c) there is a reduction in the amount of the company's unappropriated surplus over the relevant period (see section 444AI).
- (2) Where this section applies in relation to the relevant period, there shall be deemed for the purposes of section 83(2) of the Finance Act 1989 to be brought into account for the relevant period as an increase in the value of the assets of the company's long-term insurance fund whichever of the following amounts is the smallest—
- (a) the amount of the reduction mentioned in subsection (1)(c) above;
- (b) the amount of the company's undistributed demutualisation surplus for the relevant period;
- (c) the amount of the company's relevant receipts reduction for the relevant period (see section 444AJ).
- (3) If the company prepares for the relevant period one or more such separate revenue accounts as are mentioned in section 83A(2)(b) of the Finance Act 1989—
- (a) subsection (2) above shall apply separately in relation to each separate revenue account which is recognised for the purposes of section 83 of that Act; and
- (b) for that purpose, any amount that falls to be determined in order to determine—
- (i) whether that subsection applies in relation to any such separate revenue account, and
- (ii) if so, the amount to be brought into account under that subsection in relation to that account,
shall be determined using only amounts or items which relate to the separate revenue account concerned.
- (4) In applying subsection (2) above in relation to a revenue account or separate revenue account which—
- (a) is recognised for the purposes of section 83 of that Act, and
- (b) is one in relation to which section 432C applies,
that subsection shall have effect as if for “smallest” there were substituted smaller and as if paragraph (c) were omitted.
- (5) This section shall have effect—
- (a) for the purposes of computing in accordance with the provisions of this Act applicable to Case I of Schedule D the profits of the company's life assurance business, and
- (b) for the purposes of so computing profits of the company chargeable under Case VI of Schedule D under section 436A (gross roll-up business).
- (6) But for the purposes mentioned in subsection (5)(b) above, this section and section 444AG have effect subject to the modification in section 444AH; and the Corporation Tax Acts have effect accordingly (so that there may, in particular, be a difference between—
- (a) the amount deemed to be brought into account by virtue of subsection (2) above for a period of account for those purposes, and
- (b) the amount so deemed to be brought into account for that period of account for the purposes mentioned in subsection (5)(a) above).
- (7) For the purposes of this section, the undistributed demutualisation surplus of an insurance company for the relevant period is—
- (a) an amount equal to (UDSP – AD + DTSI – DTSO); or
- (b) if that amount is a negative amount, nil.
For this purpose—
- UDSP is the undistributed demutualisation surplus of the company for the period of account immediately preceding the relevant period,
- AD is any amount deemed under this section to be brought into account for the period of account immediately preceding the relevant period as an increase in the value of the assets of the company's long-term insurance fund,
- DTSI is the total amount of any demutualisation transfer surpluses accruing to the company during the relevant period (see section 444AG),
- DTSO is the total amount of any demutualisation transfer surpluses accruing to any other company (or companies) during the relevant period on a transfer (or transfers) of life assurance business by the company to that other company (or companies).
##### 444AG
- (1) For the purposes of section 444AF and this section, a demutualisation transfer surplus accrues to an insurance company where—
- (a) life assurance business is transferred to the company by a person (“*the transferor*”),
- (b) after the transfer, the company carries on the transferred business otherwise than as mutual business, and
- (c) the condition in subsection (2) below is satisfied in relation to the transfer.
- (2) The condition is that—
- (a) immediately before the transfer, the transferor carried on the transferred business as mutual business, or
- (b) where paragraph (a) above does not apply, some or all of the transferred business was carried on by an insurance company as mutual business at a time on or after 1st January 1990 and before the transfer (“former mutual business”).
- (3) The demutualisation transfer surplus accrues to the company on the date of the transfer.
- (4) The amount of the demutualisation transfer surplus is given by subsection (5) or (6) below.
- (5) Where subsection (2)(a) above applies, the amount of the demutualisation transfer surplus is—
- (a) where the whole of the transferor's life assurance business was transferred to the company under the transfer, the aggregate of—
- (i) the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer, and
- (ii) the amount of any added surplus accruing to the company in connection with the transfer (see subsection (10));
- (b) otherwise, a just and reasonable portion of that aggregate amount, having regard to how much of the transferor's life assurance business was transferred to the company under the transfer.
- (6) Where subsection (2)(b) above applies, the amount of the demutualisation transfer surplus is—
- (a) where the whole of the transferor's life assurance business was transferred to the company under the transfer and all of the transferred business is former mutual business, the former mutual surplus of the transferor on the transfer date (see subsection (7));
- (b) otherwise, so much of that former mutual surplus as it is just and reasonable to attribute to the company, having regard in particular to—
- (i) how much of the transferor's life assurance business was transferred to the company under the transfer, and
- (ii) how much of the transferred business is former mutual business.
- (7) For the purposes of subsection (6) above, the former mutual surplus of the transferor on the transfer date is—
- (a) the amount given by subsection (8) below, or
- (b) if less, the amount given by subsection (9) below.
- (8) The amount given by this subsection is the total amount of any demutualisation transfer surpluses accruing to the transferor—
- (a) on or after 1st January 1990, and
- (b) on or before the date of the transfer.
- (9) The amount given by this subsection is the lowest amount of unappropriated surplus of the transferor at the end of any period of account ending—
- (a) on or after the date of the last occasion on which a demutualisation transfer surplus accrued to it as mentioned in subsection (8) above, and
- (b) on or before the date of the transfer.
- (10) For the purposes of this section, added surplus accrues to the company in connection with the transfer if—
- (a) an amount of assets is received by the company in connection with the transfer, no later than six months after the date of the transfer,
- (b) the amount is not brought into account by the company,
- (c) the amount is added to the unappropriated surplus of the company, and
- (d) the amount does not derive from any unappropriated surplus of the transferor;
and the amount of the added surplus is the amount referred to in paragraphs (a) to (d) above.
##### 444AH
- (1) The modification in this section has effect for the purposes mentioned in section 444AF(5)(b) only.
- (2) In relation to any demutualisation transfer surplus accruing to a company in a post-2002 period of account—
- (a) the references in section 444AG(5) to the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer shall be taken to be references to—
- (i) the amount of that unappropriated surplus, or
- (ii) if less, the unappropriated surplus of the transferor at the end of the period of account immediately preceding the first post-2002 period of account of the transferor; and
- (b) the references in sections 444AF and 444AG to the amount of any demutualisation transfer surplus are to have effect accordingly.
- (3) In this section “*post-2002 period of account*”, in relation to an insurance company, means a period of account of the company beginning on or after 1st January 2003 and ending on or after 9th April 2003.
##### 444AI
- (1) For the purposes of section 444AF—
- (a) there is a reduction in the amount of the company's unappropriated surplus over the relevant period if CUS is less than (OUS + TSI – TSO);
- (b) the amount of that reduction is the amount by which CUS is less than (OUS + TSI – TSO).
- (2) In this section—
- CUS is the amount of the company's unappropriated surplus at the end of the relevant period,
- OUS is the amount of the company's unappropriated surplus at the end of the period of account immediately preceding the relevant period,
- TSI is the total amount of any transfer surpluses accruing to the company during the relevant period (see subsections (3) to (7)),
- TSO is the total amount of any transfer surpluses accruing to any other company (or companies) during the relevant period on a transfer (or transfers) of life assurance business by the company to that other company (or companies).
- (3) For the purposes of this section, a transfer surplus accrues to an insurance company where life assurance business is transferred to the company by a person (“*the transferor*”).
- (4) The transfer surplus accrues to the company on the date of the transfer.
- (5) The amount of the transfer surplus is equal to so much of the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer as is transferred to the company under the transfer.
- (6) But if, immediately before the transfer, the transferor carried on the transferred business as mutual business, the amount of the transfer surplus is the aggregate of—
- (a) the amount given by subsection (5) above, and
- (b) the amount of any added surplus accruing to the company in connection with the transfer.
- (7) Subsection (10) of section 444AG applies for the purposes of subsection (6) above as it applies for the purposes of that section.
##### 444AJ
- (1) For the purposes of sections 444AF and 444AK, the amount of the company's relevant receipts reduction for the relevant period is to be calculated by—
- (a) determining, in the case of each with-profits fund of the company, the amount given by subsection (2) or (6) below for the relevant period, and
- (b) aggregating each of those amounts.
- (2) The amount, in the case of a fund other than a policy holder participation fund, is—
- (a) where the gross transfer to non-technical account for the fund for the relevant period (see subsections (3) and (4)) is greater than the post-policy holder surplus for the fund for the relevant period (see subsection (5)), the amount of the difference;
- (b) otherwise, nil.
- (3) In this section “*the gross transfer to non-technical account*” means the amount shown in line 13 of Form 58 for the fund.
- (4) But if—
- (a) there is a transfer from a with-profits fund of the company to another fund of the company (“the initial transfer”) which is shown in (or included in an amount shown in) line 14 of Form 58 for the with-profits fund,
- (b) there is a transfer from a fund of the company (whether or not the other fund mentioned in paragraph (a) above) to the non-technical account which is shown in (or included in an amount shown in) line 13 of Form 58 for that fund, and
- (c) the transfer to the non-technical account can reasonably be regarded as connected with the initial transfer,
the amount of the gross transfer to non-technical account for the relevant period given by subsection (3) above in the case of the with-profits fund is to be increased by the amount transferred to the non-technical account.
- (5) In this section “*post-policy holder surplus*” means an amount equal to—
$$SA-TAP$where—SA is—(a) the amount shown in line 34 of Form 58 for the fund (surplus arising since last valuation), or(b) if that amount is a negative amount, nil;TAP is the amount shown in line 46 of Form 58 for the fund (total allocated to policy holders).$
- (6) The amount, in the case of a policy holder participation fund, is—
- (a) where TAP is greater than SA, the amount of the difference;
- (b) otherwise, nil;
and for this purpose “*SA*” and “*TAP*” have the same meaning as in subsection (5) above.
- (7) References in this section to Form 58 are references to that Form in the periodical return of the company for the relevant period.
- (8) In this section “*policy holder participation fund*” means a fund in the case of which an amount equal to the amount shown in line 34 of Form 58 for the fund is allocated to policy holders for the relevant period.
##### 444AK
- (1) This section applies if at any time in a period of account of an insurance company (“*the relevant period*”)—
- (a) the company carries on life assurance business as mutual business, and
- (b) the company carries on gross roll-up business.
- (2) If there is a reduction in the amount of the company's unappropriated surplus over the relevant period, there shall be deemed for the purposes of section 83(2) of the Finance Act 1989 to be brought into account for the relevant period as an increase in the value of the assets of the company's long-term insurance fund—
- (a) the amount of that reduction, or
- (b) if less, the amount of the company's relevant receipts reduction for the relevant period (see section 444AJ).
- (3) But subsection (2) above shall have effect only for the purposes of computing in accordance with the provisions of this Act applicable to Case I of Schedule D the profits for the relevant period of the company's gross roll-up business.
- (4) If the company prepares for the relevant period one or more such separate revenue accounts as are mentioned in section 83A(2)(b) of the Finance Act 1989—
- (a) subsection (2) above shall apply separately in relation to each separate revenue account which is recognised for the purposes of section 83 of that Act; and
- (b) for that purpose, any amount that falls to be determined in order to determine—
- (i) whether that subsection applies in relation to any such separate revenue account, and
- (ii) if so, the amount to be brought into account under that subsection in relation to that account,
shall be determined using only amounts or items which relate to the separate revenue account concerned.
- (5) In applying subsection (2) above in relation to a revenue account or separate revenue account which—
- (a) is recognised for the purposes of section 83 of that Act, and
- (b) is one in relation to which section 432C applies,
that subsection shall have effect as if paragraph (b) and the word “or” before it were omitted.
- (6) For the purposes of this section, there is a reduction in the amount of the company's unappropriated surplus over the relevant period if—
- (a) CUS is less than OUS, and
- (b) CUS is less than UUS.
- (7) The amount of that reduction is—
- (a) the amount by which CUS is less than OUS, or
- (b) if OUS is greater than UUS, the amount by which CUS is less than UUS.
- (8) In this section—
- CUS is the amount of the company's unappropriated surplus at the end of the relevant period,
- OUS is the amount of the company's unappropriated surplus at the end of the period of account immediately preceding the relevant period,
- UUS is the amount of the company's unappropriated surplus at the end of the period of account immediately preceding the first period of account of the company to begin on or after 1st January 2003 and to end on or after 9th April 2003.
##### 444AL
- (1) This section applies for the purposes of sections 444AF to 444AK.
- (2) References to mutual business, in relation to any time, include business which at that time is treated for the purposes of section 432E as mutual business.
- (3) “*Unappropriated surplus*”, in relation to a period of account of an insurance company, means an unappropriated surplus on valuation as shown in the periodical return of the company for the period of account.
- (4) References to the unappropriated surplus of the transferor at the end of the period of account of the transferor ending immediately before the transfer are, where a period of account of the transferor does not end at that time, references to the unappropriated surplus on valuation that would have been shown in a periodical return of the transferor for that period had such a return been drawn up.
### Provisions applying in relation to overseas life insurance companies
##### 444B
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#### Modifications where tax charged under Case I of Schedule D.
##### 444C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 444E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Equalisation reserves
##### 444BA
- (1) Subject to the following provisions of this section and to sections 444BB to 444BD, the rules in subsection (2) below shall apply in making any computation, for the purposes of Case I or V of Schedule D, of the profits or losses for any accounting period of an insurance company whose business has at any time been or included business in respect of which it was required, by virtue of equalisation reserve rules, to maintain an equalisation reserve.
- (2) Those rules are—
- (a) that amounts which, in accordance with equalisation reserve rules, are transferred into the equalisation reserve in respect of the company’s business for the accounting period in question are to be deductible;
- (b) that amounts which, in accordance with any such regulations, are transferred out of the reserve in respect of the company’s business for that period are to be treated as receipts of that business; and
- (c) that it must be assumed that all such transfers as are required by equalisation reserve rules to be made into or out of the reserve in respect of the company’s business for any period are made as required.
- (3) Where an insurance company having any business in respect of which it is required, by virtue of equalisation reserve rules, to maintain an equalisation reserve ceases to trade—
- (a) any balance which exists in the reserve at that time for the purposes of the Tax Acts shall be deemed to have been transferred out of the reserve immediately before the company ceases to trade; and
- (b) that transfer out shall be deemed to be a transfer in respect of the company’s business for the accounting period in which the company so ceases and to have been required by equalisation reserve rules.
- (4) Where—
- (a) an amount is transferred into an equalisation reserve in respect of the business of an insurance company for any accounting period,
- (b) the rule in subsection (2)(a) above would apply to the transfer of that amount but for this subsection,
- (c) that company by notice in writing to an officer of the Board makes an election in relation to that amount for the purposes of this subsection, and
- (d) the notice of the election is given not more than two years after the end of that period,
the rule mentioned in subsection (2)(a) above shall not apply to that transfer of that amount and, instead, the amount transferred (the “unrelieved transfer”) shall be carried forward for the purposes of subsection (5) below to the next accounting period and (subject to subsection (6) below) from accounting period to accounting period.
- (5) Where—
- (a) in accordance with equalisation reserve rules, a transfer is made out of an equalisation reserve in respect of an insurance company’s business for any accounting period,
- (b) the rule in subsection (2)(b) above would apply to the transfer but for this subsection, and
- (c) the accounting period is one to which any amount representing one or more unrelieved transfers has been carried forward under subsection (4) above,
that rule mentioned in subsection (2)(b) above shall not apply to that transfer except to the extent (if any) that the amount of the transfer exceeds the aggregate of the amounts representing unrelieved transfers carried forward to that period.
- (6) Where in the case of any company—
- (a) any amount representing one or more unrelieved transfers is carried forward to an accounting period in accordance with subsection (4) above, and
- (b) by virtue of subsection (5) above the rule in subsection (2)(b) above does not apply to an amount representing the whole or any part of any transfer out of an equalisation reserve in respect of the company’s business for that period,
the amount mentioned in paragraph (a) above shall not be carried forward under subsection (4) above to the next accounting period except to the extent (if any) that it exceeds the amount mentioned in paragraph (b) above.
- (7) To the extent that any actual or assumed transfer in accordance with equalisation reserve rules of any amount into an equalisation reserve is attributable to arrangements entered into wholly or mainly for tax purposes—
- (a) the rule in subsection (2)(a) above shall not apply to that transfer; and
- (b) the making of that transfer shall be disregarded in determining, for the purposes of the Tax Acts, whether and to what extent there is subsequently any requirement to make a transfer into or out of the reserve in accordance with equalisation reserve rules;
and this subsection applies irrespective of whether the insurance company in question is a party to the arrangements.
- (8) For the purposes of this section the transfer of an amount into an equalisation reserve is attributable to arrangements entered into wholly or mainly for tax purposes to the extent that the arrangements to which it is attributable are arrangements—
- (a) the sole or main purpose of which is, or
- (b) the sole or main benefit accruing from which might (but for subsection (7) above) be expected to be,
the reduction by virtue of this section of any liability to tax.
- (9) Where—
- (a) any transfer made into or out of an equalisation reserve maintained by an insurance company is made in accordance with equalisation reserve rules in respect of business carried on by that company over a period (“the equalisation period”), and
- (b) parts of the equalisation period are in different accounting periods,
the amount transferred shall be apportioned for the purposes of this section between the different accounting periods in the proportions that correspond to the number of days in the equalisation period that are included in each of those accounting periods.
- (10) The Treasury may by regulations provide in relation to any accounting periods ending on or after 1st April 1996 for specified transitional provisions contained in equalisation reserve rules to be disregarded for the purposes of the Tax Acts in determining how much is required, on any occasion, to be transferred into or out of any equalisation reserve in accordance with the rules.
- (11) In this section, and in sections 444BB to 444BD, “equalisation reserves rules” means the rules in chapter 1.4 of the Insurance Prudential Sourcebook.
##### 444BB
- (1) The Treasury may by regulations make provision modifying section 444BA so as, in cases mentioned in subsection (2) below—
- (a) to require—
- (i) sums by reference to which the amount of any transfer into or out of an equalisation reserve falls to be computed, or
- (ii) the amount of any such transfer,
to be apportioned between different parts of the business carried on for any period by an insurance company; and
- (b) to provide for the purposes of corporation tax for the amounts taken to be transferred into or out of an equalisation reserve to be computed disregarding any such sum or, as the case may be, any such part of a transfer as is attributed, in accordance with the regulations, to a part of the business described for the purpose in the regulations.
- (2) Those cases are cases where an insurance company which, in accordance with equalisation reserve rules, is required to make transfers into or out of an equalisation reserve in respect of any business carried on by that company for any period is carrying on, for the whole or any part of that period—
- (a) any business the income and gains of which fall to be disregarded in making a computation of the company’s profits in accordance with the rules applicable to Case I of Schedule D, or
- (b) any business by reference to which double taxation relief is afforded in respect of any income or gains.
- (3) Section 444BA shall have effect (subject to any regulations under subsection (1) above) in the case of an equalisation reserve maintained by an insurance company which—
- (a) is not resident in the United Kingdom, and
- (b) carries on business in the United Kingdom through a permanent establishment,
only if such conditions as may be prescribed by regulations made by the Treasury are satisfied in relation to that company and in relation to transfers into or out of that reserve.
- (4) Regulations under this section prescribing conditions subject to which section 444BA is to apply in the case of any equalisation reserve maintained by an insurance company may—
- (a) contain conditions imposing requirements on the company to furnish the Board with information with respect to any matters to which the regulations relate, or to produce to the Board documents or records relating to any such matters; and
- (b) provide that, where any prescribed condition is not, or ceases to be, satisfied in relation to the company or in relation to transfers into or out of that reserve, there is to be deemed for the purposes of the Tax Acts to have been a transfer out of that reserve of an amount determined under the regulations.
- (5) Regulations under this section may—
- (a) provide for apportionments under the regulations to be made in such manner, and by reference to such factors, as may be specified or described in the regulations;
- (b) make different provision for different cases;
- (c) contain such supplementary, incidental, consequential and transitional provision as the Treasury may think fit;
- (d) make provision having retrospective effect in relation to accounting periods beginning not more than one year before the time when the regulations are made;
and the powers conferred by this section in relation to transfers into or out of any reserve shall be exercisable in relation to both actual and assumed transfers.
- (6) In this section “*double taxation relief*” means—
- (a) relief under double taxation arrangements which takes the form of a credit allowed against corporation tax, or
- (b) unilateral relief under section 790(1) which takes that form;
and “*double taxation arrangements*” here means arrangements having effect by virtue of section 788.
##### 444BC
- (1) The Treasury may by regulations make provision modifying the operation of section 444BA in relation to cases where an insurance company has, for the purpose of preparing the documents it is required to prepare for the purposes of section 9.3 of the Prudential Sourcebook (Insurers), applied for any period an accounting method described in paragraph 52 or 53 of Schedule 9A to the Companies Act 1985 (accounting on a non-annual basis).
- (2) Subsection (5) of section 444BB applies for the purposes of this section as it applies for the purposes of that section.
##### 444BD
- (1) The Treasury may by regulations provide for section 444BA to have effect, in such cases and subject to such modifications as may be specified in the regulations, in relation to any equivalent reserves as it has effect in relation to equalisation reserves maintained by virtue of equalisation reserve rules.
- (2) For the purposes of this section a reserve is an equivalent reserve if—
- (a) it is maintained, otherwise than by virtue of equalisation reserve rules, either—
- (i) by an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of insurance in the United Kingdom, or
- (ii) by a firm which has permission under paragraph 4 of Schedule 4 to that Act (as a result of qualifying for authorisation under paragraph 2 of that Schedule) to effect or carry out contracts of insurance in the United Kingdom, or
- (iii) in respect of any business which consists of the effecting or carrying out of contracts of insurance and which is carried on outside the United Kingdom by a company resident in the United Kingdom;
- (b) the purpose for which, or the manner in which, it is maintained is such as to make it equivalent to an equalisation reserve maintained by virtue of equalisation reserve rules.
- (3) For the purposes of this section a reserve is also an equivalent reserve if it is maintained in respect of any credit insurance business in accordance with requirements imposed either—
- (a) by or under any enactment, or
- (b) under so much of the law of any territory as secures compliance with the requirements of Article 1 of the credit insurance directive (equalisation reserves for credit insurance).
- (4) Without prejudice to the generality of subsection (1) above, the modifications made by virtue of that subsection may—
- (a) provide for section 444BA to apply in the case of an equivalent reserve only where such conditions as may be specified in the regulations are satisfied in relation to the company maintaining the reserve or in relation to transfers made into or out of it; and
- (b) contain any other provision corresponding to any provision which, in the case of a reserve maintained by virtue of equalisation reserve rules, may be made under sections 444BA to 444BC.
- (5) Subsections (4) and (5) of section 444BB shall apply for the purposes of this section as they apply for the purposes of that section.
- (6) Without prejudice to the generality of section 444BB(5), the transitional provision which by virtue of subsection (5) above may be contained in regulations under this section shall include—
- (a) provision for treating the amount of any transfers made into or out of an equivalent reserve in respect of business carried on for any specified period as increased by the amount by which they would have been increased if no transfers into the reserve had been made in respect of business carried on for an earlier period; and
- (b) provision for excluding from the rule in section 444BA(2)(b) so much of any amount transferred out of an equivalent reserve as represents, in pursuance of an apportionment made under the regulations, the transfer out of that reserve of amounts in respect of which there has been no entitlement to relief by virtue of section 444BA(2)(a).
- (7) In this section—
- “credit insurance business” means business which consists of the effecting or carrying out of contracts of insurance against risks of loss to the persons insured arising from—the insolvency of debtors of theirs, orfrom the failure (otherwise than through insolvency) of debtors of theirs to pay their debts when due;
- “*the credit insurance directive*” means Council Directive [87/343/EEC](https://www.legislation.gov.uk/european/directive/1987/0343) of 22nd June 1987 amending, as regards credit insurance and suretyship insurance, First Directive 73/239 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance; . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 458A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 461A
- (1) For the purposes of sections 461B and 461C, a “*qualifying society*” is an incorporated friendly society which—
- (a) immediately before its incorporation, was a registered friendly society to which section 461(2) did not apply,
- (b) was formed otherwise than by the incorporation of a registered friendly society or the amalgamation of two or more friendly societies and satisfies subsection (2) below, or
- (c) was formed by the amalgamation of two or more friendly societies and satisfies subsection (3) below,
and in respect of which no direction under section 461C(5) is in force.
- (2) A society satisfies this subsection if its business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by the Board.
- (3) If at the time of the amalgamation referred to in subsection (1)(c) above—
- (a) section 461(2) applied to none of the registered friendly societies being amalgamated (if any), and
- (b) all of the incorporated friendly societies being amalgamated (if any) were qualifying societies,
the society formed by the amalgamation satisfies this subsection.
- (4) For the purposes of this section and section 461C, any group of persons which was approved for the purposes of this section (as mentioned in subsection (2) above) by the Friendly Societies Commission immediately before 1st December 2001 shall be treated as having been approved for the purposes of this section by the Board on that date.
##### 461B
- (1) Subject to the following provisions of this section, a qualifying society shall, on making a claim, be entitled to exemption from . . . corporation tax (whether on income or chargeable gains) on its profits other than those arising from life or endowment business.
- (2) Subsection (1) above shall not apply to any profits arising or accruing to the society from, or by reason of its interest in, a body corporate which is a subsidiary (within the meaning of the Friendly Societies Act 1992) of the society or of which the society has joint control (within the meaning of that Act).
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) If an incorporated friendly society which is not a qualifying society makes a payment to a member in respect of his interest in the society and the payment is made otherwise than in the course of life or endowment business and exceeds the aggregate of any sums paid by him to the society by way of contributions or deposits, after deducting from that aggregate the amount of—
- (a) any previous payment so made to him by the society, and
- (b) any earlier repayment of such sums paid by him,
the excess shall be treated for the purposes of corporation tax and income tax as a qualifying distribution.
- (4) In relation to an incorporated friendly society which, immediately before its incorporation, was a registered friendly society to which section 461(2) applied—
- (a) the references in subsection (3) above to sums paid to the society shall include sums paid to the registered friendly society,
- (b) the reference in subsection (3)(a) above to any payment made by the society shall include any payment made by the registered friendly society after 26 March 1974 or such later date as was specified in any direction under section 461 (7) relating to it, and
- (c) the reference in subsection (3)(b) above to any repayment shall include any repayment made by the registered friendly society.
- (5) Where a qualifying society at any time ceases by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act, the company into which the society is converted shall be exempt from . . . corporation tax on its profits arising from any part of its business, other than life or endowment business, which relates to contracts made before that time.
- (6) But if during an accounting period of the company there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on any such part of its business, the company shall not be exempt from corporation tax by virtue of subsection (5) above for that or any subsequent accounting period.
- (6A) Where—
- (a) at any time an insurance company acquires by way of transfer of engagements from a qualifying society any business other than life or endowment business, and
- (b) immediately before that time the society was exempt from corporation tax on profits arising from that business,
the insurance company shall be exempt from corporation tax on its profits arising from any part of that business which relates to contracts made before that time.
- (6B) But if during an accounting period of the insurance company there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on any such part of that business, the company shall not be exempt from corporation tax by virtue of subsection (6A) above for that or any subsequent accounting period.
- (7) Any part of a company’s business to which an exemption under subsection (5) or (6A) above relates shall be treated for the purposes of the Corporation Tax Acts as a separate business from any other business carried on by the company.
- (8) The Treasury may by regulations provide that, where any part of the business of a company is exempt from corporation tax by virtue of subsection (5) or (6A) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (9) Regulations under subsection (8) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
##### 461C
- (1) Subject to subsection (2) below, subsections (3) and (4) below apply where a qualifying society—
- (a) begins to carry on business other than life or endowment business, or
- (b) in the opinion of the Board, begins to carry on business other than life or endowment business on an enlarged scale or of a new character.
- (2) Subsections (3) and (4) below do not apply if—
- (a) the society’s business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of section 461 or 461A by the Board, or
- (b) the society’s rules limit the aggregate amount which may be paid by a member by way of contributions and deposits to not more than £1 per month or such greater amount as is authorised for the purposes of section 461.
- (3) If it appears to the Board, having regard to the restrictions imposed by section 461 on registered friendly societies registered after 31st May 1973, that for the protection of the revenue it is expedient to do so, the Board may give a direction to the society under subsection (4) below.
- (4) A direction under this subsection is that (and has the effect that) the society to which it is given shall cease to be a qualifying society as from the date of the direction.
- (5) A society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction to the Special Commissioners on the ground that—
- (a) it has not begun to carry on business as mentioned in subsection (1) above;
- (b) subsections (3) and (4) above do not apply to it by reason of subsection (2) above; or
- (c) the direction is not necessary for the protection of the revenue.
##### 461D
- (1) Where—
- (a) at any time a friendly society (“*the transferee*”) acquires by way of transfer of engagements or amalgamation from another friendly society (“*the transferor*”) any business, other than life or endowment business, consisting of business which relates to contracts made before that time, and
- (b) immediately before that time the transferor was exempt from corporation tax on profits arising from that business,
the transferee is so exempt after that time.
- (2) But if during an accounting period of the transferee there is an increase in the scale of benefits which it undertakes to provide in the course of carrying on that business, the transferee shall not be exempt from corporation tax by virtue of subsection (1) above for that or any subsequent accounting period.
- (3) Where—
- (a) at any time a friendly society (“*the transferee*”) acquires by way of transfer of engagements or amalgamation from another friendly society (“*the transferor*”) any business, other than life or endowment business, consisting of business which relates to contracts made before that time, and
- (b) immediately before that time the transferor was not exempt from corporation tax on profits arising from that business,
the transferee is not so exempt after that time.
- (4) The Treasury may by regulations provide that, where any business of a friendly society is exempt from corporation tax by virtue of subsection (1) above, or not so exempt by virtue of subsection (3) above, the Corporation Tax Acts have effect subject to such modifications (or exceptions) as the Treasury consider appropriate.
- (5) Regulations under subsection (4) above—
- (a) may make different provision for different cases,
- (b) may include any incidental, supplementary, consequential or transitional provisions which the Treasury consider appropriate, and
- (c) may include retrospective provision.
##### 462A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Retained assets
##### 465A
- (1) This section applies where any assets of a branch of a registered friendly society have been identified in a scheme under section 6(5) of the Friendly Societies Act 1992 (property, rights etc. excluded from transfer to the society on its incorporation).
- (2) In relation to any time after the incorporation of the society, the assets shall be treated for the purposes of the Tax Acts as assets of the society (and, accordingly, any tax liability arising in respect of them shall be a liability of the society rather than of the branch).
- (3) Where, by virtue of this section, tax in respect of any of the assets becomes chargeable on and is paid by the society, the society may recover from the trustees in whom those assets are vested the amount of the tax paid.
##### 468AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer schemes: reduction of income of transferee
##### 468C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Equalisation reserves for general business.
##### 468EE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468F
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##### 468G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Distributions of authorised unit trusts: general
##### 468H
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##### 468I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Dividend and foreign income distributions
##### 468J
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##### 468K
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Interest distributions
##### 468L
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of relief under section 257A.
##### 468M
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468N
- (1) Subsection (2) below applies where—
- (a) an interest distribution is made for a distribution period to a unit holder; and
- (b) the gross income entered in the distribution accounts for the purposes of computing the total amount available for distribution to unit holders does not derive from eligible income entirely.
- (2) Where this subsection applies, the obligation to deduct under section 349(2) shall not apply to the relevant amount of the interest distribution to the unit holder if the residence condition is on the distribution date fulfilled with respect to him.
- (3) Section 468O makes provision with respect to the circumstances in which the residence condition is fulfilled with respect to a unit holder.
- (4) This is how to calculate the relevant amount of the interest distribution—
$$R=AxBC$Where—R = the relevant amount;A = the amount of the interest distribution before deduction of tax to the unit holder in question;B = such amount of the gross income as derives from eligible income;C = the amount of the gross income.$
- (5) In subsection (4) above the references to the gross income are references to the gross income entered as mentioned in subsection (1)(b) above.
##### 468O
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##### 468P
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##### 468PA
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##### 468PB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Distributions to corporate unit holder
##### 468Q
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##### 468R
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##### 469A
- (1) The Tax Acts shall have effect in relation to any common investment fund established under section 42 of the Administration of Justice Act 1982 (common investment funds for money paid into court) as if—
- (a) the fund were an authorised unit trust;
- (b) the person who is for the time being the investment manager of the fund were the trustee of that authorised unit trust; and
- (c) the persons with qualifying interests were the unit holders in that authorised unit trust.
- (1A) For the purposes of subsection (1)(c) above, the persons with qualifying interests are—
- (a) in relation to shares in the fund held by the Accountant General, the persons whose interests entitle them, as against him, to share in the fund’s investments;
- (b) in relation to shares in the fund held by any other person authorised by the Lord Chancellor to hold such shares on behalf of others (an “authorised person”)—
- (i) if there are persons whose interests entitle them, as against the authorised person, to share in the fund’s investments, those persons;
- (ii) if not, the authorised person;
- (c) in relation to shares in the fund held by persons authorised by the Lord Chancellor to hold such shares on their own behalf, those persons.
- (2) In this section “*the Accountant General*” means . . . the Accountant General of the Supreme Court of Judicature in England and Wales or the Accountant General of the Supreme Court of Judicature of Northern Ireland.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 472A
- (1) This section applies in relation to securities—
- (a) which are held by a company carrying on a banking business, an insurance business or a business consisting wholly or partly in dealing in securities; and
- (b) which are such that a profit on their sale would form part of the trading profits of that business.
- (2) Profits and losses arising from such securities that in accordance with generally accepted accounting practice are—
- (a) calculated by reference to the fair value of the securities, and
- (b) recognised in that company's statement of recognised gains and losses or statement of changes in equity,
shall be brought into account in computing the profits or losses of a business in accordance with the provisions of this Act applicable to Case I of Schedule D.
- (3) Subsection (2) does not apply—
- (a) to an amount to the extent that it derives from or otherwise relates to an amount brought into account under that subsection in an earlier period of account, or
- (b) to an amount recognised for accounting purposes by way of correction of a fundamental error.
- (4) In this section, “securities”—
- (a) includes shares and any rights, interests or options that by virtue of section 99, 135(5) or 136(5) of the Taxation of Chargeable Gains Act 1992 are treated as shares for the purposes of sections 126 to 136 of that Act; but
- (b) does not include a loan relationship (within the meaning of Chapter 2 of Part 4 of the Finance Act 1996).
##### 477A
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . Dividends or interest payable in respect of shares in, or deposits with or loans to, a building society shall be dealt with for the purposes of corporation tax as follows—
- (a) to the extent that it would not otherwise fall to be so regarded, liability to pay the dividends or interest shall be treated for the purposes of Chapter II of Part IV of the Finance Act 1996 as a liability arising under a loan relationship of the building society;
- (aa) if the dividends or interest are payable to a company, then, to the extent that they would not otherwise fall to be so regarded, they shall be treated for those purposes as payable to that company in pursuance of a right arising under a loan relationship of that company;
- (b) no part of any such dividends or interest . . . shall be treated as a distribution of the society or as franked investment income of any company resident in the United Kingdom.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Subsection (3)(a) above shall apply to any interest paid by the society under a certified SAYE savings arrangement as if it were a dividend on a share in the society.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) In this section “*dividend*” includes any distribution (whether or not described as a dividend).
- (10) In this section—
- “*certified SAYE savings arrangement*” has the meaning given by section 703 of ITTOIA 2005
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 477B
- (1) In computing for the purposes of corporation tax the income of a building society from the trade carried on by it, there shall be allowed as a deduction, if subsection (2) below applies, the incidental costs of obtaining finance by means of issuing shares in the society which are qualifying shares.
- (1A) A deduction shall not be allowed by virtue of subsection (1) above to the extent that the costs in question fall to be brought into account as debits for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships).
- (2) This subsection applies if any amount payable in respect of the shares by way of dividend or interest is deductible in computing for the purposes of corporation tax the income of the society from the trade carried on by it.
- (3) In subsection (1) above, “*the incidental costs of obtaining finance*” means expenditure on fees, commissions, advertising, printing and other incidental matters (but not including stamp duty), being expenditure wholly and exclusively incurred for the purpose of obtaining the finance (whether or not it is in fact obtained), or of providing security for it or of repaying it.
- (4) This section shall not be construed as affording relief—
- (a) for any sums paid in consequence of, or for obtaining protection against, losses resulting from changes in the rate of exchange between different currencies, or
- (b) for the cost of repaying qualifying shares so far as attributable to their being repayable at a premium or to their having been issued at a discount.
- (5) In this section—
- “*dividend*” has the same meaning as in section 477A, and
- “*qualifying share*” has the same meaning as in section 117(4) of the 1992 Act.
##### 480A
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##### 480B
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#### Elections as to transfer of relief under section 257A or 257AB.
##### 480C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Taxation in respect of other business.
##### 482A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### PETROLEUM EXTRACTION ACTIVITIES
##### 494AA
- (1) This section applies where—
- (a) a company (“*the seller*”) carrying on a trade has disposed of an asset which was used for the purposes of that trade, or an interest in such an asset;
- (b) the asset is used, under a lease, by the seller or a company associated with the seller (“*the lessee*”) for the purposes of a ring fence trade carried on by the lessee; and
- (c) the lessee uses the asset before the end of the period of two years beginning with the disposal.
- (2) Subject to subsection (4) below, subsection (3) below applies to so much (if any) of the expenditure incurred by the lessee under the lease as—
- (a) falls, in accordance with generally accepted accounting practice, to be treated in the accounts of the lessee as a finance charge;. . . or
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) falls, if the case is one where the lease is a long funding operating lease, to be deductible in computing the profits of the lessee for the purposes of corporation tax (after first making against any such expenditure any reductions falling to be made by virtue of section 502K).
- (3) The expenditure shall not be allowable in computing for the purposes of Schedule D the profits of the ring fence trade.
- (4) Expenditure shall not be disallowed by virtue of subsection (3) above to the extent that the disposal referred to in subsection (1) above is made for a consideration which—
- (a) is used to meet expenditure incurred by the seller in carrying on oil extraction activities or in acquiring oil rights otherwise than from a company associated with the seller; or
- (b) is appropriated to meeting expenditure to be so incurred by the seller.
- (5) Where any expenditure—
- (a) would apart from subsection (3) above be allowable in computing for the purposes of Schedule D the profits of the ring fence trade for an accounting period, but
- (b) by virtue of that subsection is not so allowable,
that expenditure shall be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 as if it were a non-trading debit in respect of a loan relationship of the lessee for that accounting period.
- (6) In this section —
- “*long funding operating lease*” means a long funding operating lease for the purposes of Part 2 of the Capital Allowances Act (see section 70YI(1) of that Act);
- “*lease*”, in relation to an asset, has the same meaning as in sections 781 to 784.
##### 494A
- (1) In section 403(3) (availability of charges, Schedule A losses and management expenses for surrender as group relief) the reference to the gross profits of the surrendering company for an accounting period does not include the company’s relevant ring fence profits for that period.
- (2) If for that period—
- (a) there are no charges on income paid by the company that are allowable under section 338, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
all the company’s ring fence profits are relevant ring fence profits.
- (3) In any other case the company’s relevant ring fence profits are so much of its ring fence profits as exceeds the amount of the charges on income paid by the company as—
- (a) are allowable under section 338 for that period, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 496A
Schedule 19B to this Act (exploration expenditure supplement) shall have effect.
##### 496B
Schedule 19C to this Act (ring fence expenditure supplement) shall have effect.
#### Taxation in respect of other business: incorporated friendly societies qualifying for exemption.
##### 501A
- (1) Where in any accounting period beginning on or after 17th April 2002 a company carries on a ring fence trade, a sum equal to 20 per cent of its adjusted ring fence profits for that period shall be charged on the company as if it were an amount of corporation tax chargeable on the company.
- (2) A company’s adjusted ring fence profits for an accounting period are the amount which, on the assumption mentioned in subsection (3) below, would be determined for that period (in accordance with this Chapter) as the profits of the company’s ring fence trade chargeable to corporation tax.
- (3) The assumption is that financing costs are left out of account in computing—
- (a) the amount of the profits or loss of any ring fence trade of the company’s for each accounting period beginning on or after 17th April 2002; and
- (b) where for any such period the whole or part of any loss relief is surrendered to the company in accordance with section 492(8), the amount of that relief or, as the case may be, that part.
- (4) For the purposes of this section, “*financing costs*” means the costs of debt finance.
- (5) In calculating the costs of debt finance for an accounting period the matters to be taken into account include—
- (a) any costs giving rise to debits in respect of debtor relationships of the company under Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) , other than debits in respect of exchange losses from such relationships (see section 103(1A) and (1B) of that Act);
- (b) any exchange gain or loss from a debtor relationship, within the meaning of that Chapter (see section 103(1A) and (1B) of that Act), in relation to debt finance;
- (c) any credit or debit falling to be brought into account under Schedule 26 to the Finance Act 2002 (derivative contracts) in relation to debt finance;
- (d) the financing cost implicit in a payment under a finance lease;
- (dd) where the company is the lessee under a long funding operating lease, the amount deductible in respect of payments under the lease in computing the profits of the lessee for the purposes of corporation tax (after first making against any such amount any reductions falling to be made by virtue of section 502K); and
- (e) any other costs arising from what would be considered in accordance with generally accepted accounting practice to be a financing transaction.
- (6) Where an amount representing the whole or part of a payment falling to be made by a company—
- (a) falls (or would fall) to be treated as a finance charge under a finance lease for the purposes of accounts relating to that company and one or more other companies and prepared in accordance with generally accepted accounting practice, but
- (b) is not so treated in the accounts of the company,
the amount shall be treated for the purposes of this section as financing costs falling within subsection (5)(d) above.
- (7) If—
- (a) in computing the adjusted ring fence profits of a company for an accounting period, an amount falls to be left out of account by virtue of subsection (5)(d) above, but
- (b) the whole or any part of that amount is repaid,
the repayment shall also be left out of account in computing the adjusted ring fence profits of the company for any accounting period.
- (8) In this section “*finance lease*” means any arrangements—
- (a) which provide for an asset to be leased or otherwise made available by a person to another person (“*the lessee*”), and
- (b) which, under generally accepted accounting practice,—
- (i) fall (or would fall) to be treated, in the accounts of the lessee or a person connected with the lessee, as a finance lease or a loan, or
- (ii) are comprised in arrangements which fall (or would fall) to be so treated.
- (9) For the purposes of applying subsection (8)(b) above, the lessee and any person connected with the lessee are to be treated as being companies which are incorporated in a part of the United Kingdom.
- (10) In this section “*accounts*”, in relation to a company, includes any accounts which—
- (a) relate to two or more companies of which that company is one, and
- (b) are drawn up in accordance with generally accepted accounting practice.
- (11) In this section “*long funding operating lease*” means a long funding operating lease for the purposes of Part 2 of the Capital Allowances Act (see section 70YI(1) of that Act).
##### 501B
- (1) Subject to subsection (3) below, the provisions of section 501A(1) relating to the charging of a sum as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Acts, and to any necessary modifications, all enactments applying generally to corporation tax, including—
- (a) those relating to returns of information and the supply of accounts, statements and reports;
- (b) those relating to the assessing, collecting and receiving of corporation tax;
- (c) those conferring or regulating a right of appeal; and
- (d) those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.
- (2) Accordingly (but without prejudice to subsection (1) above) the Management Act shall have effect as if any reference to corporation tax included a reference to a sum chargeable under section 501A(1) as if it were an amount of corporation tax.
- (3) In any regulations made under section 32 of the Finance Act 1998 (as at 17th April 2002, the Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) Regulations 1999)—
- (a) references to corporation tax do not include a reference to a sum chargeable on a company under section 501A(1) as if it were corporation tax; and
- (b) references to profits charged to corporation tax do not include a reference to adjusted ring fence profits, within the meaning of section 501A(1).
- (4) In this section “*the Taxes Acts*” has the same meaning as in the Management Act.
### Chapter 5A — Special rules for long funding leases of plant or machinery: corporation tax
### Introductory
##### 502A
This Chapter has effect for the purposes of corporation tax only.
### Lessors under long funding finance leases
##### 502B
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account in which it is the lessor of any plant or machinery under a long funding finance lease.
- (2) The amount to be brought into account as the lessor's taxable income from the lease for the period of account is the amount of the rental earnings in respect of the lease for the period of account.
- (3) The “rental earnings” for any period is the amount which, in accordance with generally accepted accounting practice, falls (or would fall) to be treated as the gross return on investment for that period in respect of the lease where it meets the finance lease test.
- (4) If the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a loan in the accounts in question, so much of the rentals under the lease as fall (or would fall) to be treated as interest are to be treated for the purposes of this section as rental earnings.
##### 502C
- (1) This section applies for determining for the purposes of corporation tax the profits of a company which is or has been the lessor under a long funding finance lease.
- (2) This section has effect where a profit or loss (whether of an income or capital nature)—
- (a) arises to the company in connection with the lease, and
- (b) in accordance with generally accepted accounting practice falls to be recognised for accounting purposes in a period of account, but
- (c) would not, apart from this section, be brought into account in computing the profits of the company for the purposes of corporation tax.
- (3) The profit or loss is to be treated—
- (a) in the case of a profit, as income of the company attributable to the lease,
- (b) in the case of a loss, as a revenue expense incurred by the company in connection with the lease.
- (4) Any reference in this section to an amount falling to be recognised for accounting purposes in a period of account is a reference to an amount falling to be recognised for accounting purposes—
- (a) in the company's profit and loss account or income statement,
- (b) in the company's statement of recognised gains and losses or statement of changes in equity, or
- (c) in any other statement of items brought into account in computing the company's profits or losses for that period.
##### 502D
- (1) This section applies for determining the liability to corporation tax of a company which is or has been the lessor under a long funding finance lease.
- (2) Where—
- (a) the lease terminates, and
- (b) a sum calculated by reference to the termination value is paid to the lessee,
no deduction in respect of the sum paid to the lessee is allowed in computing the profits of the company.
- (3) This section does not prevent a deduction in respect of a sum to the extent that the sum is brought into account in determining the company's rental earnings.
### Lessors under long funding operating leases
##### 502E
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account—
- (a) for the whole of which, or
- (b) for any part of which,
the company is the lessor of any plant or machinery under a long funding operating lease.
- (2) A deduction is allowed in computing the profits of the company for the period of account.
- (3) The amount of the deduction for any period of account is to be determined as follows.
- (4) First, find the “*relevant value*” for the purposes of subsection (6)(a) below, which is—
- (a) if the only use of the plant or machinery by the lessor has been the leasing of it under the long funding operating lease as a qualifying activity, cost;
- (b) if the last previous use of the plant or machinery by the lessor was the leasing of it under another long funding operating lease as a qualifying activity, market value;
- (c) if the last previous use of the plant or machinery by the lessor was the leasing of it under a long funding finance lease as a qualifying activity, the recognised value;
- (d) if the last previous use of the plant or machinery by the lessor was for the purposes of a qualifying activity other than leasing under a long funding lease, the lower of cost and market value;
- (e) if the lessor owns the plant or machinery as a result of having incurred expenditure on its provision for purposes other than those of a qualifying activity, but—
- (i) the plant or machinery is brought into use by the lessor for the purposes of a qualifying activity on or after 1st April 2006, and
- (ii) that qualifying activity is the leasing of the plant or machinery under the long funding operating lease,
the relevant value is the lower of first use market value and first use amortised value.
- (5) In subsection (4) above—
- “*cost*” means the amount of the expenditure incurred by the lessor on the provision of the plant or machinery;
- “*first use amortised value*” means the value that the plant or machinery would have at the time when it is first brought into use for the purposes of the qualifying activity, on the assumption that—the cost of acquiring the plant or machinery had been written off on a straight line basis over the remaining useful economic life of the plant or machinery, andany further capital expenditure incurred had been written off on a straight line basis over so much of the remaining economic life of the plant or machinery as remains at the time when the expenditure is incurred;
- “*first use market value*” means the market value of the plant or machinery at the time when it is first brought into use for the purposes of the qualifying activity;
- “*market value*” means the market value of the plant or machinery at the commencement of the term of the long funding operating lease;
- “*recognised value*” means the value at which the plant or machinery is recognised in the books or other financial records of the lessor at the commencement of the long funding operating lease.
- (6) From—
- (a) the relevant value determined in accordance with subsection (4) above,
subtract
- (b) the amount which, at the commencement of the term of the lease, is (or, in a case falling within subsection (4)(e) above, would have been) expected to be the residual value of the plant or machinery,
to find the expected gross reduction in value over the term of the lease.
- (7) Apportion the amount of that expected gross reduction in value to each period of account in which any part of the term of the lease falls.
- (8) The apportionment must be on a time basis according to the proportion of the term of the lease that falls in each period of account.
- (9) The amount of the deduction for any period of account is the amount so apportioned to that period.
##### 502F
- (1) This section applies if in any period of account—
- (a) a company is the lessor of any plant or machinery under a long funding operating lease,
- (b) the company incurs capital expenditure in relation to the plant or machinery, and
- (c) that capital expenditure (the “additional expenditure”) is not reflected in the market value of the plant or machinery at the commencement of the term of the lease.
- (2) In a case falling within section 502E(4)(e) above, subsection (1)(c) above has effect as if the reference to the commencement of the term of the lease were a reference to the time when the plant or machinery is first brought into use by the lessor for the purposes of the qualifying activity.
- (3) Where this section applies, an additional deduction is allowed in computing the profits of the company for each post-expenditure period of account in which the company is the lessor of the plant or machinery under the lease.
- (4) The amount of the deduction for any such period of account is to be determined as follows.
- (5) Find ARV, CRV, PRV, and TRV where—
- “ARV” is the amount which, at the time when the additional expenditure is incurred, is expected to be the residual value of the plant or machinery;
- “CRV” is the amount which, at the commencement of the term of the lease, is expected to be the residual value of the plant or machinery;
- “PRV” is the sum of any amounts that fell to be taken into account as RRV (see subsection (6)) in the application of this section in relation to any previous additional expenditure incurred by the company in relation to the leased plant or machinery;
- “TRV” is the total of CRV and PRV.
- (6) Find RRV, where—
- (a) if ARV exceeds TRV, RRV is the portion of the excess that is a result of the additional expenditure, but
- (b) if ARV does not exceed TRV, RRV is nil.
- (7) From—
- (a) the amount of the additional expenditure,
subtract
- (b) RRV,
to find the expected partial reduction in value over the remainder of the term of the lease.
- (8) Apportion the amount of that expected partial reduction in value to each post-expenditure period of account in which any part of the term of the lease falls.
- (9) The apportionment must be on a time basis according to the proportion of the term of the lease that falls in each post-expenditure period of account.
- (10) The amount of the additional deduction for any period of account is the amount so apportioned to that period.
- (11) In this section “*post-expenditure period of account*” means any period of account ending after the incurring of the additional expenditure.
##### 502G
- (1) This section applies for determining the liability to corporation tax of a company which is the lessor immediately before the termination of a long funding operating lease.
- (2) Step 1 is to find—
- (a) the termination amount (TA);
- (b) the total of any sums paid to the lessee that are calculated by reference to the termination value (LP).
- (3) Step 2 is to find—
- (a) the relevant value for the purposes of section 502E(6)(a) (RV);
- (b) the total of the deductions allowable under section 502E for periods of account for the whole or part of which the company was the lessor before the termination of the lease (TD1);
- (c) the amount, if any, (ERV) by which RV exceeds TD1.
- (4) Step 3 is to find—
- (a) the total of any amounts of capital expenditure incurred by the company which constitute additional expenditure for the purposes of section 502F in the case of the lease (TAE);
- (b) the total of any deductions allowable under section 502F for periods of account for the whole or part of which the company was the lessor before the termination of the lease (TD2);
- (c) the amount, if any, (EAE) by which TAE exceeds TD2.
- (5) Step 4 is to find the total of ERV and EAE (T).
- (6) If (TA – LP) exceeds T, treat a profit of an amount equal to the excess as arising to the company in the period of account in which the lease terminates.
- (7) If T exceeds (TA – LP), treat a loss of an amount equal to the excess as arising to the company in that period of account.
- (8) A profit or loss treated as arising to the company under subsection (6) or (7) above is to be treated—
- (a) in the case of a profit, as income of the company attributable to the lease,
- (b) in the case of a loss, as a revenue expense incurred by the company in connection with the lease.
- (9) In computing the profits of the company, no deduction is allowed in respect of any sums paid to the lessee that are calculated by reference to the termination value.
### Lessors under long funding finance or operating leases: avoidance etc
#### Qualifying policies.
##### 502GA
- (1) Sections 502B to 502G do not apply in the case of a company which is or has been the lessor of any plant or machinery under a long funding lease if the following condition is met.
- (2) The condition is that any part of the expenditure incurred by the company on the acquisition of the plant or machinery for leasing under the lease—
- (a) is (apart from those sections) allowable as a deduction in calculating its profits or losses for the purposes of corporation tax, and
- (b) is so allowable as a result of the plant or machinery forming part of its trading stock.
- (3) For the purposes of this section the cases in which expenditure incurred by a company on the acquisition of any plant or machinery for leasing under a lease is allowable as such a deduction include any case where—
- (a) the company becomes entitled to the deduction at any time after the expenditure is incurred, and
- (b) the deduction arises as a result of the plant or machinery forming part of its trading stock at that time.
- (4) If—
- (a) at any time any of sections 502B to 502G has applied for determining the amounts to be taken into account in calculating the profits or losses of the company for the purposes of corporation tax, and
- (b) the condition in subsection (2) is met at any subsequent time,
those amounts, and any other amounts which (as a result of this section) are to be so taken into account, are subject to such adjustments as are just and reasonable.
- (5) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (4).
##### 502GB
- (1) This section applies if—
- (a) a company is the lessee of any plant or machinery under a lease (“lease A”) that is not a long funding lease,
- (b) it enters into a lease (“lease B”) of any of that plant or machinery (as lessor), and
- (c) lease B is a long funding lease.
- (2) Sections 502B to 502G do not apply in relation to lease B.
- (3) If by virtue of section 70H of the Capital Allowances Act (tax return by lessee treating lease as long funding lease) lease A becomes a long funding lease (and does not cease to be such a lease), treat this section as never having applied in relation to lease B.
##### 502GC
- (1) Sections 502B to 502G do not apply in the case of a company which is or has been the lessor of any plant or machinery under a long funding lease if conditions A to C are met.
- (2) Condition A is that the long funding lease forms part of any arrangement entered into by the company which includes one or more other transactions (whether the arrangement is entered into before or after or at the inception of the lease).
- (3) Condition B is that the main purpose, or one of the main purposes, of the arrangement is to secure that, over the relevant period, there would be a substantial difference between—
- (a) the total amount of the amounts under the arrangement which are, in accordance with generally accepted accounting practice, recognised in determining the company's profit or loss for any period or taken into account in calculating the amounts which are so recognised, and
- (b) the total amount of the amounts under the arrangement which are taken into account in calculating the profits or losses of the company for the purposes of corporation tax.
- (4) For the purposes of condition B “*the relevant period*” means the period which begins with the inception of the lease and ends with the end of the term of the lease.
- (5) Condition C is that the difference would be attributable (wholly or partly) to the application of any of sections 502B to 502G in relation to the company by reference to the plant or machinery under the lease.
- (6) The reference in this section to an amount being recognised in determining a company's profit or loss for a period is to an amount being recognised for accounting purposes—
- (a) in the company's profit and loss account or income statement,
- (b) in the company's statement of recognised gains and losses or statement of changes in equity, or
- (c) in any other statement of items brought into account in calculating the company's profits and losses for that period.
- (7) For the purposes of this section it does not matter whether the parties to any transaction which forms part of the arrangement differ from the parties to any of the other transactions.
- (8) For the purposes of this section the cases in which two or more transactions are to be taken as forming part of an arrangement include any case in which it would be reasonable to assume that one or more of them—
- (a) would not have been entered into independently of the other or others, or
- (b) if entered into independently of the other or others, would not have taken the same form or been on the same terms.
- (9) If—
- (a) at any time any of sections 502B to 502G has applied for determining the amounts to be taken into account in calculating the profits or losses of the company for the purposes of corporation tax, and
- (b) conditions A to C are met at any subsequent time,
those amounts, and any other amounts which (as a result of this section) are to be so taken into account, are subject to such adjustments as are just and reasonable.
- (10) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (9).
##### 502GD
- (1) If a company is or has been a lessor under a long funding lease of a film, sections 502B to 502G do not apply in respect of the lease.
- (2) “*Film*” has the same meaning as in Part 15 of CTA 2009 (see section 1181 of that Act).
### Insurance company as lessor
##### 502H
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Lessees under long funding finance leases
#### Elections as to transfer of relief under section 257A or 257AB.
##### 502I
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account in which it is the lessee of any plant or machinery under a long funding finance lease.
- (2) In calculating the company's profits for the period of account,—
- (a) the amount deducted in respect of amounts payable under the lease,
must not exceed
- (b) the amounts which, in accordance with generally accepted accounting practice, fall (or would fall) to be shown in the company's accounts as finance charges in respect of the lease.
- (3) If the lease is one which, under generally accepted accounting practice, falls (or would fall) to be treated as a loan, subsection (2) above applies as if the lease were one which, under generally accepted accounting practice, fell to be treated as a finance lease.
##### 502J
- (1) This section applies where—
- (a) a company is or has been the lessee under a long funding finance lease, and
- (b) in connection with the termination of the lease, a payment calculated by reference to the termination value falls to be made to the company.
- (2) The payment is not to be brought into account in determining for the purposes of corporation tax the profits of the company for any period of account.
- (3) Subsection (2) above does not affect the amount of any disposal value that falls to be brought into account by the company under the Capital Allowances Act.
### Lessees under long funding operating leases
##### 502K
- (1) This section applies for determining for the purposes of corporation tax the profits of a company for any period of account in which it is the lessee of any plant or machinery under a long funding operating lease.
- (2) The deductions that may be allowed in computing the profits of the company for the period of account are to be reduced in accordance with the following provisions of this section.
- (3) The amount of the reduction for any period of account is to be determined as follows.
- (4) First, find the “*relevant value*” for the purposes of subsection (6)(a) below, which is—
- (a) the market value of the plant or machinery at the commencement of the term of the lease, unless paragraph (b) below applies;
- (b) if the lessee—
- (i) has the use of the plant or machinery as a result of having incurred expenditure on its provision for purposes other than those of a qualifying activity, but
- (ii) brings the plant or machinery into use for the purposes of a qualifying activity on or after 1st April 2006,
the lower of first use market value and first use amortised market value.
- (5) In subsection (4) above—
- “*first use amortised market value*” means the value that the plant or machinery would have—at the time when it is first brought into use for the purposes of the qualifying activity, buton the assumption that the market value of the plant or machinery at the commencement of the term of the lease had been written off on a straight line basis over the remaining useful economic life of the plant or machinery;
- “*first use market value*” means the market value of the plant or machinery at the time when it is first brought into use for the purposes of the qualifying activity.
- (6) From—
- (a) the relevant value determined in accordance with subsection (4) above,
subtract
- (b) the amount which, at the commencement of the term of the lease, is (or, in a case falling within subsection (4)(b) above, would have been) expected to be the market value of the plant or machinery at the end of the term of the lease,
to find the expected gross reduction over the term of the lease.
- (7) Apportion the amount of that expected gross reduction to each period of account in which any part of the term of the lease falls.
- (8) The apportionment must be on a time basis according to the proportion of the term of the lease that falls in each period of account.
- (9) The amount of the reduction for any period of account is the amount so apportioned to that period.
### Interpretation of Chapter
##### 502L
- (1) This section has effect for the interpretation of this Chapter.
- (2) In this Chapter—
- “*qualifying activity*” has the same meaning as in Part 2 of the Capital Allowances Act;
- “*residual value*”, in relation to any plant or machinery leased under a long funding operating lease, means—the estimated market value of the plant or machinery on a disposal at the end of the term of the lease,lessthe estimated costs of that disposal.
- (3) Any reference in this Chapter to a sum being written off on a straight line basis over a period of time (the “writing-off period”) is a reference to—
- (a) the sum being apportioned between each of the periods of account in which any part of the writing-off period falls,
- (b) that apportionment being made on a time basis, according to the proportion of the writing-off period that falls in each of the periods of account, and
- (c) the sum being written off accordingly.
- (4) Chapter 6A of Part 2 of the Capital Allowances Act (interpretation of provisions about long funding leases) applies in relation to this Chapter as it applies in relation to that Part.
##### 504A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Eligibility for relief.
#### Old societies.
##### 506A
- (1) This section applies to the following transactions—
- (a) the sale or letting of property by a charitable company to a substantial donor,
- (b) the sale or letting of property to a charitable company by a substantial donor,
- (c) the provision of services by a charitable company to a substantial donor,
- (d) the provision of services to a charitable company by a substantial donor,
- (e) an exchange of property between a charitable company and a substantial donor,
- (f) the provision of financial assistance by a charitable company to a substantial donor,
- (g) the provision of financial assistance to a charitable company by a substantial donor, and
- (h) investment by a charitable company in the business of a substantial donor.
- (2) For the purposes of this section a person is a substantial donor to a charitable company in respect of an accounting period if—
- (a) the charitable company receives relievable gifts of at least £25,000 from him in a period of 12 months in which the accounting period wholly or partly falls, or
- (b) the charitable company receives relievable gifts of at least £100,000 from him in a period of six years in which the accounting period wholly or partly falls;
and if a person is a substantial donor to a charitable company in respect of an accounting period by virtue of paragraph (a) or (b), he is a substantial donor to the charitable company in respect of the following five accounting periods.
- (3) A payment made by a charitable company to a substantial donor in the course of or for the purposes of a transaction to which this section applies shall be treated for the purposes of section 505 as non-charitable expenditure.
- (4) If the terms of a transaction to which this section applies are less beneficial to the charitable company than terms which might be expected in a transaction at arm's length, the charitable company shall be treated for the purposes of section 505 as incurring non-charitable expenditure equal to that amount which the Commissioners for Her Majesty's Revenue and Customs determine as the cost to the charitable company of the difference in terms.
- (5) A payment by a charitable company of remuneration to a substantial donor shall be treated for the purposes of section 505 as non-charitable expenditure unless it is remuneration, for services as a trustee, which is approved by—
- (a) the Charity Commission,
- (b) another body with responsibility for regulating charities by virtue of legislation having effect in respect of any Part of the United Kingdom, or
- (c) a court.
##### 506B
- (1) Section 506A shall not apply to a transaction within section 506A(1)(b) or (d) if the Commissioners for Her Majesty's Revenue and Customs determine that the transaction—
- (a) takes place in the course of a business carried on by the substantial donor,
- (b) is on terms which are no less beneficial to the charitable company than those which might be expected in a transaction at arm's length, and
- (c) is not part of an arrangement for the avoidance of any tax.
- (2) Section 506A shall not apply to the provision of services to a substantial donor if the Commissioners determine that the services are provided—
- (a) in the course of the actual carrying out of a primary purpose of the charitable company, and
- (b) on terms which are no more beneficial to the substantial donor than those on which services are provided to others.
- (3) Section 506A shall not apply to the provision of financial assistance to a charitable company by a substantial donor if the Commissioners determine that the assistance—
- (a) is on terms which are no less beneficial to the charitable company than those which might be expected in a transaction at arm's length, and
- (b) is not part of an arrangement for the avoidance of any tax.
- (4) Section 506A shall not apply to investment by a charitable company in the business of a substantial donor where the investment takes the form of the purchase of shares or securities listed on a recognised stock exchange.
- (5) A disposal at an undervalue in respect of which relief is available under section 587B of this Act or section 431 of ITA 2007 (gifts of shares, securities and real property to charities etc) shall not be a transaction to which section 506A applies (but may be taken into account in the application of section 506A(2)).
- (6) A disposal at an undervalue to which section 257(2) of the 1992 Act (gifts of chargeable assets) applies shall not be a transaction to which section 506A applies (but may be taken into account in the application of section 506A(2)).
- (7) In the application of section 506A payments by a charitable company, or benefits arising to a substantial donor from a transaction, shall be disregarded in so far as they relate to a donation by the donor, and—
- (a) if the donation is made by a company, the payments or benefits do not prevent the donation being a qualifying donation for the purposes of section 339 because of subsection (3B)(b) of that section (restrictions on associated benefits), or
- (b) if the donation is made by an individual, the payments or benefits do not prevent the donation being a qualifying donation for the purposes of section 416 of ITA 2007 because of subsection (7)(b) of that section (restrictions on associated benefits).
- (8) A company which is wholly owned by a charity within the meaning of section 339(7AB) shall not be treated as a substantial donor in relation to a charitable company which owns it (or any part of it).
- (9) A registered social landlord or housing association shall not be treated as a substantial donor in relation to a charitable company with which it is connected; and for that purpose—
- (a) “*registered social landlord or housing association*” means a body entered on a register maintained under—
- (i) section 1 of the Housing Act 1996,
- (ii) section 57 of the Housing (Scotland) Act 2001, or
- (iii) Article 14 of the Housing (Northern Ireland) Order 1992, and
- (b) a body and a charitable company are connected if (and only if)—
- (i) the one is wholly owned, or subject to control, by the other, or
- (ii) both are wholly owned, or subject to control, by the same person.
##### 506C
- (1) A gift is “*relievable*” for the purposes of section 506A(2) if relief is available in respect of it under—
- (a) section 83A,
- (b) section 339,
- (c) sections 587B and 587C,
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) section 257 of the 1992 Act (gifts of chargeable assets),
- (f) section 63 of the Capital Allowances Act (gifts of plant and machinery),
- (g) sections 713 to 715 of ITEPA 2003 (payroll giving),
- (h) section 108 of ITTOIA 2005 (gifts of trading stock), . . .
- (i) sections 628 and 630 of ITTOIA 2005 (gifts from settlor-interested trusts), or
- (j) Chapters 2 and 3 of Part 8 of ITA 2007 (gift aid and gifts of shares, securities and real property).
- (2) A charitable company is treated as incurring expenditure in accordance with section 506A(4) at such time (or times) as the Commissioners determine.
- (3) Section 506A applies to a transaction entered into in an accounting period with a person who is a substantial donor in respect of that period, even if it was not until after the transaction was entered into that he first satisfied the definition of “substantial donor” in respect of that period.
- (4) Either or both of subsections (3) and (4) of section 506A may be applied to a single transaction; but any amount of non-charitable expenditure which a charitable company is treated as incurring under section 506A(3) in respect of a transaction shall be deducted from any amount which it would otherwise be treated as incurring under section 506A(4) in respect of the transaction.
- (5) A charitable company and any other charities with which it is connected are to be treated as a single charitable company for the purposes of section 506A and 506B and this section; and for this purpose “*connected*” means connected in a matter relating to the structure, administration or control of a charity.
- (6) Where remuneration is paid otherwise than in money, section 506A(5) shall apply as to a payment in money of the amount that would, under Part 3 of ITEPA 2003, be the cash equivalent of the remuneration as a benefit.
- (7) In sections 506A and 506B and this section—
- (a) a reference to a substantial donor or other person includes a reference to a person connected with him within the meaning of section 839,
- (b) “*financial assistance*” includes, in particular—
- (i) the provision of a loan, guarantee or indemnity, and
- (ii) entering into alternative finance arrangements within the meaning of section 46 of the Finance Act 2005, and
- (c) a reference to a gift of a specified amount includes a reference to a non-monetary gift of that value.
- (8) On an appeal against an assessment the Special Commissioners may review a decision of the Commissioners in connection with section 506A.
- (9) The Treasury may by regulations vary a sum, or a period of time, specified in section 506A(2).
#### Eligibility for relief.
##### 508A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 508B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 510A
- (1) In this section “*grouping*” means a European Economic Interest Grouping formed in pursuance of Council Regulation [(EEC) No. 2137/85](https://www.legislation.gov.uk/european/regulation/1985/2137) of 25th July 1985, whether registered in Great Britain, in Northern Ireland, or elsewhere.
- (2) Subject to the following provisions of this section, for the purposes of charging corporation tax a grouping shall be regarded as acting as the agent of its members.
- (3) In accordance with subsection (2) above—
- (a) for the purposes mentioned in that subsection the activities of the grouping shall be regarded as those of its members acting jointly and each member shall be regarded as having a share of its property, rights and liabilities; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
but paragraph (a) above is subject to subsection (6A) below.
- (4) Subject to subsection (5) below, for the purposes of this section a member’s share of any property, rights or liabilities of a grouping shall be determined in accordance with the contract under which the grouping is established.
- (5) Where the contract does not make provision as to the shares of members in the property, rights or liabilities in question a member’s share shall be determined by reference to the share of the profits of the grouping to which he is entitled under the contract (and if the contract makes no provision as to that, the members shall be regarded as having equal shares).
- (6) . . . Where any trade or profession is carried on by a grouping it shall be regarded for the purposes of charging corporation tax as carried on in partnership by the members of the grouping.
- (6A) Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) shall have effect in relation to a grouping as it has effect in relation to a partnership (see in particular section 87A of, and paragraphs 19 and 20 of Schedule 9 to, that Act).
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 519A
- (1) A health service body shall be exempt from corporation tax.
- (2) In this section “*health service body*” means—
- (a) a Strategic Health Authority established under section 13 of the National Health Service Act 2006. . . . . . ;
- (aa) a Special Health Authority established under section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006;
- (ab) a Primary Care Trust;
- (aba) a Local Health Board;
- (b) a National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;
- (bb) an NHS foundation trust
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) a Health Board or Special Health Board, the Common Services Agency for the Scottish Health Service and a National Health Service trust respectively constituted under sections 2, 10 and 12A of the National Health Service (Scotland) Act 1978;
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) the Scottish Dental Practice Board; . . .
- (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (i) a Health and Social Services Board and the Northern Ireland Central Services Agency for the Health and Social Services established under Articles 16 and 26 respectively of the Health and Personal Social Services (Northern Ireland) Order 1972;
- (j) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990; and
- (k) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.
- (3) The Treasury may by order disapply subsection (1) in relation to a specified activity, or class of activity, of an NHS foundation trust.
- (4) An order under subsection (3) shall make provision for determining the amount of the profits relating to an activity that are to be charged to corporation tax as a result of the disapplication of subsection (1).
- (5) An order under subsection (3) may, in particular—
- (a) make provision for disregarding profits of less than a specified amount in respect of a financial year or accounting period or a specified part of a financial year or accounting period;
- (b) make provision for disregarding a specified part of profits in respect of a financial year or accounting period or a specified part of a financial year or accounting period;
- (c) make provision for disregarding all or part of profits relating to activity in respect of which receipts or turnover (as defined by the order) are less than a specified amount in respect of a financial year or accounting period or a specified part of a financial year or accounting period.
- (6) An order under subsection (3)—
- (a) may apply, with or without modification, a provision of the Tax Acts,
- (b) may disapply a provision of the Tax Acts,
- (c) may make provision similar to a provision of the Tax Acts, and
- (d) may make provision generally or in relation to a specified body or class of bodies.
- (7) The Treasury may make an order under subsection (3) only—
- (a) in relation to an activity or class of activity that appears to the Treasury to be of a commercial nature,
- (b) where it appears to the Treasury to be expedient for the purpose of avoiding, removing or reducing differences between—
- (i) the fiscal treatment of the body undertaking the activity, and
- (ii) the fiscal treatment of another body or class of body which is of a commercial nature and which undertakes or might undertake the same or a similar activity, and
- (c) if a draft has been laid before, and approved by resolution of, the House of Commons.
- (8) An activity authorised under section 43(1) of the National Health Service Act 2006 shall not be treated as an activity of a commercial nature for the purposes of subsection (7)(a).
#### Transfer of relief under section 257A where relief exceeds income or 257AB.
#### Exemption for trade unions and employers’ associations.
#### Certified unit trusts: corporation tax.
#### Dividends paid to investment trusts.
#### “Deposit-taker”, “deposit” and “relevant deposit”.
### Designs
##### 537A
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##### 537B
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#### Savings banks: exemption from tax.
##### 539ZA
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##### 539A
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#### Valuation of oil disposed of or appropriated in certain circumstances.
##### 546A
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##### 546B
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##### 546C
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##### 546D
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##### 547A
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##### 548A
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#### Computation of amount available for surrender by way of group relief.
##### 548B
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##### 551A
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##### 552ZA
- (1) This section supplements section 552 and shall be construed as one with it.
- (2) Where the obligations under any policy or contract of the body that issued, entered into or effected it (“*the original insurer*”) are at any time the obligations of another body (“*the transferee*”) to whom there has been a transfer of the whole or any part of a business previously carried on by the original insurer, section 552 shall have effect in relation to that time, except where the chargeable event—
- (a) happened before the transfer, and
- (b) in the case of a death or an assignment, is an event of which the notification mentioned in subsection (6) or (7) of that section was given before the transfer,
as if the policy or contract had been issued, entered into or effected by the transferee.
- (3) Where, in consequence of . . . section 514(1) of ITTOIA 2005, paragraph (a) or (b) of section 552(1) requires certificates to be delivered in respect of two or more surrenders, happening in the same year, of part of or a share in the rights conferred by the policy or contract, a single certificate may be delivered under the paragraph in question in respect of all those surrenders (and may treat them as if they together constituted a single surrender) unless between the happening of the first and the happening of the last of them there has been—
- (a) an assignment of part of or a share in the rights conferred by the policy or contract; or
- (b) an assignment, otherwise than for money or money’s worth, of the whole of the rights conferred by the policy or contract.
- (4) Where the appropriate policy holder is two or more persons—
- (a) section 552(1)(a) requires a certificate to be delivered to each of them; but
- (b) nothing in section 552 or this section requires a body to deliver a certificate under subsection (1)(a) of that section to any person whose address has not been provided to the body (or to another body, at a time when the obligations under the policy or contract were obligations of that other body).
- (5) A certificate under section 552(1)(b) or (3)—
- (a) shall be in a form prescribed for the purpose by the Board; and
- (b) shall be delivered by any means prescribed for the purpose by the Board;
and different forms, or different means of delivery, may be prescribed for different cases or different purposes.
- (6) The Board may by regulations make such provision as they think fit for securing that they are able—
- (a) to ascertain whether there has been or is likely to be any contravention of the requirements of section 552 or this section; and
- (b) to verify any certificate under that section.
- (7) Regulations under subsection (6) above may include, in particular, provisions requiring persons to whom premiums under any policy are or have at any time been payable—
- (a) to supply information to the Board; and
- (b) to make available books, documents and other records for inspection on behalf of the Board.
- (8) Regulations under subsection (6) above may—
- (a) make different provision for different cases; and
- (b) contain such supplementary, incidental, consequential or transitional provision as appears to the Board to be appropriate.
##### 552ZB
- (1) The Commissioners for Her Majesty's Revenue and Customs may make regulations—
- (a) requiring relevant persons—
- (i) to provide prescribed information to persons who apply for the issue of qualifying policies or who are, or may be, required to make statements under paragraph B3(2) of Schedule 15;
- (ii) to provide to an officer of Revenue and Customs prescribed information about qualifying policies which have been issued by them or in relation to which they are or have been a relevant transferee;
- (b) making such provision (not falling within paragraph (a)) as the Commissioners think fit for securing that an officer of Revenue and Customs is able—
- (i) to ascertain whether there has been or is likely to be any contravention of the requirements of the regulations or of paragraph B3(2) of Schedule 15;
- (ii) to verify any information provided to an officer of Revenue and Customs as required by the regulations.
- (2) The provision that may be made by virtue of subsection (1)(b) includes, in particular, provision requiring relevant persons to make available books, documents and other records for inspection by or on behalf of an officer of Revenue and Customs.
- (3) The regulations may—
- (a) make different provision for different cases or circumstances, and
- (b) contain incidental, supplementary, consequential, transitional, transitory or saving provision.
- (4) In this section—
- “*prescribed*” means prescribed by the regulations,
- “*qualifying policy*” includes a policy which would be a qualifying policy apart from—paragraph A1(2), B1(2), B2(2) or B3(3) of Schedule 15, orparagraph 17(2)(za) of that Schedule (including as applied by paragraph 18), and
- “*relevant person*” means a person—who issues, or has issued, qualifying policies, orwho is, or has been, a relevant transferee in relation to qualifying policies.
- (5) For the purposes of this section a person (“X”) is at any time a “*relevant transferee*” in relation to a qualifying policy if the obligations under the policy of its issuer are at that time the obligations of X as a result of there having been a transfer to X of the whole or any part of a business previously carried on by the issuer.
##### 552A
- (1) This section has effect for the purpose of securing that, where it applies to an overseas insurer, another person is the overseas insurer’s tax representative.
- (2) In this section “*overseas insurer*” means a person who is not resident in the United Kingdom who carries on a business which consists of or includes the effecting and carrying out of—
- (a) policies of life insurance;
- (b) contracts for life annuities; or
- (c) capital redemption policies.
- (3) This section applies to an overseas insurer—
- (a) if the condition in subsection (4) below is satisfied on the designated day; or
- (b) where that condition is not satisfied on that day, if it has subsequently become satisfied.
- (4) The condition mentioned in subsection (3) above is that—
- (a) there are in force relevant insurances the obligations under which are obligations of the overseas insurer in question or of an overseas insurer connected with him; and
- (b) the total amount or value of the gross premiums paid under those relevant insurances is £1 million or more.
- (5) In this section “*relevant insurance*” means any policy of life insurance, contract for a life annuity or capital redemption policy . . . in the case of which—
- (a) the holder is resident in the United Kingdom;
- (b) the obligations of the insurer are obligations of a person not resident in the United Kingdom; and
- (c) those obligations are not attributable to a branch or agency of that person’s in the United Kingdom.
- (6) Before the expiration of the period of three months following the day on which this section first applies to an overseas insurer, the overseas insurer must nominate to the Board a person to be his tax representative.
- (7) A person shall not be a tax representative unless—
- (a) if he is an individual, he is resident in the United Kingdom and has a fixed place of residence there, or
- (b) if he is not an individual, he has a business establishment in the United Kingdom,
and, in either case, he satisfies such other requirements (if any) as are prescribed in regulations made for the purpose by the Board.
- (8) A person shall not be an overseas insurer’s tax representative unless—
- (a) his nomination by the overseas insurer has been approved by the Board; or
- (b) he has been appointed by the Board.
- (9) The Board may by regulations make provision supplementing this section; and the provision that may be made by any such regulations includes provision with respect to—
- (a) the making of a nomination by an overseas insurer of a person to be his tax representative;
- (b) the information which is to be provided in connection with such a nomination;
- (c) the form in which such a nomination is to be made;
- (d) the powers and duties of the Board in relation to such a nomination;
- (e) the procedure for approving, or refusing to approve, such a nomination, and any time limits applicable to doing so;
- (f) the termination, by the overseas insurer or the Board, of a person’s appointment as a tax representative;
- (g) the appointment by the Board of a person as the tax representative of an overseas insurer (including the circumstances in which such an appointment may be made);
- (h) the nomination by the overseas insurer, or the appointment by the Board, of a person to be the tax representative of an overseas insurer in place of a person ceasing to be his tax representative;
- (j) circumstances in which an overseas insurer to whom this section applies may, with the Board’s agreement, be released (subject to any conditions imposed by the Board) from the requirement that there must be a tax representative;
- (k) appeals to the Special Commissioners against decisions of the Board under this section or regulations under it.
- (10) The provision that may be made by regulations under subsection (9) above also includes provision for or in connection with the making of other arrangements between the Board and an overseas insurer for the purpose of securing the discharge by or on behalf of the overseas insurer of the relevant duties, within the meaning of section 552B.
- (11) Section 839 (connected persons) applies for the purposes of this section.
- (12) In this section—
- “*capital redemption policy*” means a capital redemption policy in relation to which . . . Chapter 9 of Part 4 of ITTOIA 2005 has effect;
- “*contract for a life annuity*” means a contract for a life annuity in relation to which . . . Chapter 9 of Part 4 of ITTOIA 2005 has effect;
- “*the designated day*” means such day as the Board may specify for the purpose in regulations;
- “*policy of life insurance*” means a policy of life insurance in relation to which . . . Chapter 9 of Part 4 of ITTOIA 2005 has effect;
- “*tax representative*” means a tax representative under this section.
##### 552B
- (1) It shall be the duty of an overseas insurer’s tax representative to secure (where appropriate by acting on the overseas insurer’s behalf) that the relevant duties are discharged by or on behalf of the overseas insurer.
- (2) For the purposes of this section “*the relevant duties*” are—
- (a) the duties imposed by section 552,
- (b) the duties imposed by section 552ZA(2), (4) or (5), and
- (c) any duties imposed by regulations made under subsection (6) of section 552ZA by virtue of subsection (7) of that section,
so far as relating to relevant insurances under which the overseas insurer in question has any obligations.
- (3) An overseas insurer’s tax representative shall be personally liable—
- (a) in respect of any failure to secure the discharge of the relevant duties, and
- (b) in respect of anything done for purposes connected with acting on the overseas insurer’s behalf,
as if the relevant duties were imposed jointly and severally on the tax representative and the overseas insurer.
- (4) In the application of this section in relation to any particular tax representative, it is immaterial whether any particular relevant duty arose before or after his appointment.
- (5) This section has effect in relation to relevant duties relating to chargeable events happening on or after the day by which section 552A(6) requires the nomination of the overseas insurer’s first tax representative to be made.
- (5A) In subsection (5) “*chargeable event*” has the same meaning as in section 552 (see subsection (10) of that section).
- (6) Expressions used in this section and in section 552A have the same meaning in this section as they have in that section.
##### 553A
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##### 553B
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##### 553C
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##### 559A
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#### Transactions with substantial donors
### Chapter 5A — Share loss relief
### Relief for losses on unquoted shares in trading companies
##### 576A
- (1) For the purposes of this Chapter a qualifying trading company is a company which meets each of conditions A to D.
- (2) Condition A is that the company either—
- (a) meets each of the following requirements on the date of the disposal—
- (i) the trading requirement (see section 576B),
- (ii) the control and independence requirement (see section 576D),
- (iii) the qualifying subsidiaries requirement (see section 576E), and
- (iv) the property managing subsidiaries requirement (see section 576F), or
- (b) has ceased to meet any of those requirements at a time which is not more than 3 years before that date and has not since that time been an excluded company, an investment company or a trading company.
- (3) Condition B is that the company either—
- (a) has met each of the requirements mentioned in condition A for a continuous period of 6 years ending on that date or at that time, or
- (b) has met each of those requirements for a shorter continuous period ending on that date or at that time and has not before the beginning of that period been an excluded company, an investment company or a trading company.
- (4) Condition C is that the company—
- (a) met the gross assets requirement (see section 576G) both immediately before and immediately after the issue of the shares in respect of which the relief is claimed under this Chapter, and
- (b) met the unquoted status requirement (see section 576H) at the relevant time within the meaning of that section.
- (5) Condition D is that the company has carried on its business wholly or mainly in the United Kingdom throughout the period—
- (a) beginning with the incorporation of the company or, if later, 12 months before the shares in question were issued, and
- (b) ending with the date of the disposal.
### Qualifying trading companies: the requirements
##### 576B
- (1) The trading requirement is that—
- (a) the company, disregarding any incidental purposes, exists wholly for the purpose of carrying on one or more qualifying trades, or
- (b) the company is a parent company and the business of the group does not consist wholly or as to a substantial part in the carrying on of non-qualifying activities.
- (2) If the company intends that one or more other companies should become its qualifying subsidiaries with a view to their carrying on one or more qualifying trades—
- (a) the company is treated as a parent company for the purposes of subsection (1)(b), and
- (b) the reference in subsection (1)(b) to the group includes the company and any existing or future company that will be its qualifying subsidiary after the intention in question is carried into effect.
This subsection does not apply at any time after the abandonment of that intention.
- (3) For the purpose of subsection (1)(b) the business of the group means what would be the business of the group if the activities of the group companies taken together were regarded as one business.
- (4) For the purpose of determining the business of a group, activities are disregarded to the extent that they are activities carried on by a mainly trading subsidiary otherwise than for its main purpose.
- (5) For the purposes of determining the business of a group, activities of a group company are disregarded to the extent that they consist in—
- (a) the holding of shares in or securities of a qualifying subsidiary of the parent company,
- (b) the making of loans to another group company,
- (c) the holding and managing of property used by a group company for the purpose of one or more qualifying trades carried on by a group company, or
- (d) the holding and managing of property used by a group company for the purpose of research and development from which it is intended—
- (i) that a qualifying trade to be carried on by a group company will be derived, or
- (ii) that a qualifying trade carried on or to be carried on by a group company will benefit.
- (6) Any reference in subsection (5)(d)(i) or (ii) to a group company includes a reference to any existing or future company which will be a group company at any future time.
- (7) In this section—
- “*excluded activities*” has the meaning given by section 192 of ITA 2007 read with sections 193 to 199 of that Act,
- “*group*” means a parent company and all its qualifying subsidiaries,
- “*group company*”, in relation to a group, means the parent company or any of its qualifying subsidiaries,
- “*incidental purposes*” means purposes having no significant effect (other than in relation to incidental matters) on the extent of the activities of the company in question,
- “*mainly trading subsidiary*” means a subsidiary which, apart from incidental purposes, exists wholly for the purpose of carrying on one or more qualifying trades, and any reference to the main purpose of such a subsidiary is to be read accordingly,
- “*non-qualifying activities*” means—excluded activities, andactivities (other than research and development) carried on otherwise than in the course of a trade,
- “*parent company*” means a company that has one or more qualifying subsidiaries,
- “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007,
- “*qualifying trade*” has the meaning given by section 189 of that Act,
- “*research and development*” has the meaning given by section 837A.
- (8) In sections 189(1)(b) and 194(4)(c) of ITA 2007 (as applied by subsection (7) for the purposes of the definitions of “excluded activities” and “qualifying trade”) “*period B*” means the continuous period that is relevant for the purposes of section 576A(3).
- (9) In section 195 of ITA 2007 as applied by subsection (7) for the purposes mentioned in subsection (8), references to the issuing company are to be read as references to the company mentioned in subsection (1).
#### Charitable and non-charitable expenditure
##### 576C
- (1) A company is not regarded as ceasing to meet the trading requirement by reason only of anything done in consequence of the company or any of its subsidiaries being in administration or receivership.
This has effect subject to subsections (2) and (3).
- (2) Subsection (1) applies only if—
- (a) the entry into administration or receivership, and
- (b) everything done as a result of the company concerned being in administration or receivership,
is for genuine commercial reasons, and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.
- (3) A company ceases to meet the trading requirement if before the time that is relevant for the purposes of section 576A(2)—
- (a) a resolution is passed, or an order is made, for the winding up of the company or any of its subsidiaries (or, in the case of a winding up otherwise than under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989, any other act is done for the like purpose), or
- (b) the company or any of its subsidiaries is dissolved without winding up.
This is subject to subsection (4).
- (4) Subsection (3) does not apply if —
- (a) the winding up is for genuine commercial reasons, and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax, and
- (b) the company continues, during the winding up, to be a trading company.
- (5) References in this section to a company being “in administration” or “in receivership” are to be read in accordance with section 252 of ITA 2007.
##### 576D
- (1) The control element of the requirement is that—
- (a) the company must not control (whether on its own or together with any person connected with it) any company which is not a qualifying subsidiary of the company, and
- (b) no arrangements must be in existence by virtue of which the company could fail to meet paragraph (a) (whether at a time during the continuous period that is relevant for the purposes of section 576A(3) or otherwise).
- (2) The independence element of the requirement is that—
- (a) the company must not—
- (i) be a 51% subsidiary of another company, or
- (ii) be under the control of another company (or of another company and any other person connected with that other company), without being a 51% subsidiary of that other company, and
- (b) no arrangements must be in existence by virtue of which the company could fail to meet paragraph (a) (whether at a time during the continuous period that is relevant for the purposes of section 576A(3) or otherwise).
- (3) This section is subject to section 576J(3).
- (3A) Section 839 (connected persons) applies for the purposes of this section.
- (4) In this section—
- “*arrangements*” includes any scheme, agreement or understanding, whether or not legally enforceable,
- “control” is to be read as follows—in subsection (1)(a), in accordance with section 416(2) to (6),in subsection (2)(a), in accordance with section 840,
- “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007.
#### Relief for expenses.
##### 576E
- (1) The qualifying subsidiaries requirement is that any subsidiary that the company has must be a qualifying subsidiary of the company.
- (2) In this section “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007.
##### 576F
- (1) The property managing subsidiaries requirement is that any property managing subsidiary that the company has must be a qualifying 90% subsidiary of the company.
- (2) In this section—
- “*property managing subsidiary*” has the meaning given by section 188(2) of ITA 2007,
- “*qualifying 90% subsidiary*” has the meaning given by section 190 of that Act.
##### 576G
- (1) The gross assets requirement in the case of a single company is that the value of the company's gross assets—
- (a) must not exceed £7 million immediately before the shares in respect of which the relief is claimed under this Chapter are issued, and
- (b) must not exceed £8 million immediately afterwards.
- (2) The gross assets requirement in the case of a parent company is that the value of the group assets—
- (a) must not exceed £7 million immediately before the shares in respect of which the relief is claimed under this Chapter are issued, and
- (b) must not exceed £8 million immediately afterwards.
- (3) The value of the group assets means the aggregate of the values of the gross assets of each of the members of the group, disregarding any that consist in rights against, or shares in or securities of, another member of the group.
- (4) In this section—
- “*group*” means a parent company and its qualifying subsidiaries,
- “*parent company*” means a company that has one or more qualifying subsidiaries,
- “*qualifying subsidiary*” is to be read in accordance with section 191 of ITA 2007, and
- “*single company*” means a company that does not have one or more qualifying subsidiaries.
##### 576H
- (1) The unquoted status requirement is that, at the time (“*the relevant time*”) at which the shares in respect of which the relief is claimed under this Chapter are issued—
- (a) the company must be an unquoted company,
- (b) there must be no arrangements in existence for the company to cease to be an unquoted company, and
- (c) there must be no arrangements in existence for the company to become a subsidiary of another company (“the new company”) by virtue of an exchange of shares, or shares and securities, if—
- (i) section 576J applies in relation to the exchange, and
- (ii) arrangements have been made with a view to the new company ceasing to be an unquoted company.
- (2) The arrangements referred to in subsection (1)(b) and (c)(ii) do not include arrangements in consequence of which any shares, stocks, debentures or other securities of the company or the new company are at any subsequent time—
- (a) listed on a stock exchange that is a recognised stock exchange by virtue of an order made under section 1005(1)(b) of ITA 2007, or
- (b) listed on an exchange, or dealt in by any means, designated by an order made for the purposes of section 184(3)(b) or (c) of that Act,
if the order was made after the relevant time.
- (3) In this section—
- “*arrangements*” includes any scheme, agreement or understanding, whether or not legally enforceable,
- “*debenture*” has the meaning given by section 738 of the Companies Act 2006,
- “*unquoted company*” has the meaning given by section 184(2) of ITA 2007.
##### 576I
The Treasury may by order make such amendments of sections 576B to 576H as they consider appropriate.
### Qualifying trading companies: supplementary provisions
##### 576J
- (1) This section and section 576K apply in relation to shares if—
- (a) a company (“the new company”) in which the only issued shares are subscriber shares acquires all the shares (“old shares”) in another company (“the old company”),
- (b) the consideration for the old shares consists wholly of the issue of shares (“new shares”) in the new company,
- (c) the consideration for the new shares of each description consists wholly of old shares of the corresponding description,
- (d) new shares of each description are issued to the holders of old shares of the corresponding description in respect of and in proportion to their holdings, and
- (e) by virtue of section 127 of the 1992 Act as applied by section 135(3) of that Act (company reconstructions etc), the exchange of shares is not to be treated as involving a disposal of the old shares or an acquisition of the new shares.
In this subsection references to shares, except the first and that in the expression “subscriber shares”, include securities.
- (2) For the purposes of this Chapter the exchange of shares is not regarded as involving any disposal of the old shares or any acquisition of the new shares.
- (3) Nothing in section 576D (the control and independence requirement) applies in relation to such an exchange of shares, or shares and securities, as is mentioned in subsection (1), or arrangements with a view to such an exchange.
- (4) For the purposes of this section old shares and new shares are of a corresponding description if, on the assumption that they were shares in the same company, they would be of the same class and carry the same rights.
- (5) References in section 576K to “old shares”, “new shares”, “the old company” and “the new company” are to be read in accordance with this section.
##### 576K
- (1) Subsection (2) applies if, in the case of any new shares held by a company or by a nominee for a company, the old shares for which they were exchanged were shares that had been subscribed for by the company (“the investor”).
- (2) This Chapter has effect as if—
- (a) the new shares had been subscribed for by the investor at the time when, and for the amount for which, the old shares were subscribed for by the investor,
- (b) the new shares had been issued by the new company at the time when the old shares were issued to the investor by the old company, and
- (c) any requirements of this Chapter which were met at any time before the exchange by the old company had been met at that time by the new company.
- (3) Section 573(6) applies for the purposes of this section.
- (4) Nothing in subsection (2) applies in relation to section 195(7) of ITA 2007 as applied by section 576B(7) above for the purposes mentioned in section 576B(8).
### Supplemental
##### 576L
- (1) In this Chapter (subject to subsections (2) to (5))—
- “*excluded company*” means a company which—has a trade which consists wholly or mainly of dealing in land, in commodities or futures or in shares, securities or other financial instruments,has a trade which is not carried on on a commercial basis and in such a way that profits in the trade can reasonably be expected to be realised,is a holding company of a group other than a trading group, oris a building society or a registered industrial and provident society,
- “group” (except in sections 576B and 576G) means a company which has one or more 51% subsidiaries together with that or those subsidiaries,
- “*holding company*” means a company whose business consists wholly or mainly in the holding of shares or securities of companies which are its 51% subsidiaries,
- “*investment company*” has the meaning given by section 130 except that it does not include the holding company of a trading group,
- “*registered industrial and provident society*” means a society registered or treated as registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) Act 1969,
- “shares”—includes stock, butdoes not include shares or stock not forming part of a company's ordinary share capital,
- “*trading company*” means a company other than an excluded company which is—a company whose business consists wholly or mainly of the carrying on of a trade or trades, orthe holding company of a trading group, and
- “*trading group*” means a group the business of whose members, when taken together, consists wholly or mainly in the carrying on of a trade or trades.
- (2) Except as provided by subsection (3), paragraph (b) of the definition of “shares” in subsection (1) does not apply in the definition of “excluded company” in subsection (1) or in section 576J(1) to (4).
- (3) Paragraph (b) of that definition applies in relation to the first reference to “shares” in section 576J(1).
- (4) The definition of “shares” in subsection (1) does not apply in sections 576B(5)(a), 576G(3) and 576H(1)(c) and (2).
- (5) For the purposes of the definition of “trading group” in subsection (1), any trade carried on by a subsidiary which is an excluded company is treated as not constituting a trade.
#### Interest which never has been relevant loan interest etc.
##### 577A
- (1) In computing profits chargeable to corporation tax under . . . Schedule D, no deduction shall be made for any expenditure incurred —
- (a) in making a payment the making of which constitutes the commission of a criminal offence, or
- (b) in making a payment outside the United Kingdom where the making of a corresponding payment in any part of the United Kingdom would constitute a criminal offence there.
- (1A) In computing profits chargeable to corporation tax under . . . Schedule D, no deduction shall be made for any expenditure incurred in making a payment induced by a demand constituting—
- (a) the commission in England or Wales of the offence of blackmail under section 21 of the Theft Act 1968,
- (b) the commission in Northern Ireland of the offence of blackmail under section 20 of the Theft Act (Northern Ireland) 1969, or
- (c) the commission in Scotland of the offence of extortion.
- (2) Any expenditure mentioned in subsection (1) or (1A) above—
- (a) shall not be included in computing any expenses of management in respect of which relief may be given under the Corporation Tax Acts; and
- (b) shall not be brought into account under section 76 as expenses payable.
##### 578A
- (1) This section provides for a reduction in the amounts—
- (a) allowable as deductions in computing profits chargeable to corporation tax under Case I or II of Schedule D, or
- (b) which can be included as expenses of management of a company with investment business (as defined by section 130),. . . or
- (bb) which can be brought into account under section 76 as expenses payable,
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for expenditure on the hiring of a car to which this section applies.
- (2) This section applies to the hiring of a car—
- (a) which is not a qualifying hire car, and
- (b) the retail price of which when new exceeds £12,000.
“Car” and “qualifying hire car” are defined by section 578B.
- (2A) This section does not apply to the hiring of a car, other than a motorcycle, if—
- (a) it is an electrically-propelled car, or
- (b) it is a car with low CO₂ emissions.
- (2B) In subsection (2A) above—
- “*car*” has the meaning given by section 578B;
- “*car with low CO₂ emissions*” has the meaning given by section 45D of the Capital Allowances Act 2001 (expenditure on cars with low CO₂ emissions to be first-year qualifying expenditure);
- “*electrically-propelled car*” has the meaning given by that section.
- (3) The amount which would, apart from this section, be allowable or capable of being included must be reduced by multiplying it by the fraction—
$£12,000+P2P$
where P is the retail price of the car when new.
- (4) If an amount has been reduced under subsection (3) and subsequently—
- (a) there is a rebate (however described) of the rentals, or
- (b) there occurs in connection with the rentals a transaction that falls within section 94 (debts deducted and subsequently released),
the amount otherwise taxable in respect of the rebate or transaction must be reduced by multiplying it by the fraction in subsection (3) above.
##### 578B
- (1) In section 578A “car” means a mechanically propelled road vehicle other than one—
- (a) of a construction primarily suited for the conveyance of goods or burden of any description, or
- (b) of a type not commonly used as a private vehicle and unsuitable for such use.
References to a car accordingly include a motor cycle.
- (2) For the purposes of section 578A, a car is a qualifying hire car if—
- (a) it is hired under a hire-purchase agreement (within the meaning of section 784(6)) under which there is an option to purchase exercisable on the payment of a sum equal to not more than 1 per cent. of the retail price of the car when new, or
- (b) it is a qualifying hire car for the purposes of Part 2 of the Capital Allowances Act (under section 82 of that Act).
- (3) In section 578A and this section “*new*” means unused and not second-hand.
- (4) The power under section 74(4) of the Capital Allowances Act to increase or further increase the sums of money specified in Chapter 8 of Part 2 of that Act includes the power to increase or further increase the sum of money specified in section 578A(2)(b) or (3).
##### 580A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 580B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 580C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of interests in land for purposes of section 294(1)(b).
##### 581A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 582A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introductory.
##### 587A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 587B
- (1) Subsection (2) below applies where, otherwise than by way of a bargain made at arm’s length, a company which is not itself a charity disposes of the whole of the beneficial interest in a qualifying investment to a charity.
- (2) On a claim made in that behalf to an officer of the Board—
- (a) the relevant amount shall be allowed—
- (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ii) . . . as a charge on income for the purposes of corporation tax for the accounting period in which the disposal is made; and
- (b) no relief in respect of the disposal shall be given under section 83A of this Act. . . ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Subject to subsections (5) to (7) below, the relevant amount is an amount equal to—
- (a) where the disposal is a gift, the value of the net benefit to the charity at, or immediately after, the time when the disposal is made (whichever time gives the lower value);
- (b) where the disposal is at an undervalue, the amount by which—
- (i) the value described in paragraph (a) above, exceeds
- (ii) the amount or value of the consideration for the disposal,
or, if there is no such excess, nil.
- (5) Where there are one or more benefits received in consequence of making the disposal which are received by the company making the disposal or a person connected with it, the relevant amount shall be reduced by the value of that benefit or, as the case may be, the aggregate value of those benefits; and section 839 applies for the purposes of this subsection.
- (6) Where the disposal is a gift, the relevant amount shall be increased by the amount of the incidental costs of making the disposal to the company making it.
- (7) Where the disposal is at an undervalue—
- (a) to the extent that the consideration for the disposal is less than that for which the disposal is treated as made by virtue of section 257(2)(a) of the 1992 Act, the relevant amount shall be increased by the amount of the incidental costs of making the disposal to the company making it; and
- (b) section 48 of that Act (consideration due after time of disposal) shall apply in relation to the computation of the relevant amount as it applies in relation to the computation of a gain.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8A) The value of the net benefit to the charity is—
- (a) the market value of the qualifying investment, unless subsection (8B) below applies;
- (b) where that subsection applies, that market value reduced by the aggregate amount of the related liabilities of the charity (see subsections (8E) to (8G)).
- (8B) This subsection applies in any case where—
- (a) the charity is, or becomes, subject to an obligation to any person (whether or not the company making the disposal or a person connected with it), and
- (b) one or more of the conditions in subsection (8C) below is satisfied.
- (8C) For the purposes of subsection (8B) above—
- (a) condition 1 is that, taking into account all the circumstances (including, in particular, the difference in the value of the net benefit to the charity if subsection (8B) applies and if it does not), it is reasonable to suppose that the disposal of the qualifying investment to the charity would not have been made in the absence of the obligation;
- (b) condition 2 is that the obligation (whether in whole or in part) relates to, is framed by reference to, or is conditional on the charity receiving, the qualifying investment or a related investment (see subsection (8D)).
- (8D) In subsection (8C) above “*related investment*” means any of the following—
- (a) any asset of the same class or description as the qualifying investment (irrespective of size, quantity or amount);
- (b) any asset derived from, or representing, the qualifying investment whether in whole or in part and whether directly or indirectly;
- (c) any asset from which the qualifying investment is derived, or which the qualifying investment represents, whether in whole or in part and whether directly or indirectly.
- (8E) For the purposes of this section, the liabilities which are related liabilities in the case of any qualifying investment are the liabilities of the charity under each of the obligations that fall within subsection (8B) above (as read with subsection (8C) above) in relation to that investment.
- (8F) Where an obligation is contingent and the contingency occurs, the amount to be brought into account for the purposes of this section at any time in respect of the liability, so far as contingent, under the obligation is the amount or value of the liability actually incurred in consequence of the occurrence of the contingency.
- (8G) Where an obligation is contingent and the contingency does not occur, the amount to be brought into account for the purposes of this section at any time in respect of the liability, so far as contingent, is nil.
- (9) In this section—
- “*authorised unit trust*” has the meaning given by section 468;
- “*charity*” has the same meaning as in section 506 and includes the Trustees of the National Heritage Memorial Fund;the Historic Buildings and Monuments Commission for England; andthe National Endowment for Science, Technology and the Arts;
- “*the incidental costs of making the disposal to the company making it*” shall be construed in accordance with section 38(2) of the 1992 Act;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*obligation*” includes a reference to each of the following—any scheme, arrangement or understanding of any kind, whether or not legally enforceable;a series of obligations (whether or not between the same parties);
- “*offshore fund*” has the same meaning as in Chapter 5 of Part 17;
- “*open-ended investment company*” is to be read in accordance with section 468A(2) to (4);
- “*qualifying investment*” means any of the following—shares or securities which are listed on a recognised stock exchange or dealt in on any designated market in the United Kingdom;units in an authorised unit trust;shares in an open-ended investment company;. . . an interest in an offshore fund; anda qualifying interest in land;
- “*related liabilities*” shall be construed in accordance with subsection (8E) above;
- “*value of the net benefit to the charity*” shall be construed in accordance with subsection (8A) above.
- (9ZA) In paragraph (a) of the definition of “qualifying investment” in subsection (9) above, “*designated*” means designated by an order made by the Commissioners for Her Majesty's Revenue and Customs for the purposes of that paragraph.
- (9ZB) An order under subsection (9ZA) above may—
- (a) designate a market by name or by reference to any class or description of market, and
- (b) vary or revoke a previous order under that subsection.
- (9A) In this section a “*qualifying interest in land*” means—
- (a) a freehold interest in land, or
- (b) a leasehold interest in land which is a term of years absolute,
where the land in question is in the United Kingdom.
This subsection is subject to subsections (9B) to (9D) below.
- (9B) Where a company makes a disposal to a charity of—
- (a) the whole of its beneficial interest in such freehold or leasehold interest in land as is described in subsection (9A)(a) or (b) above, and
- (b) any easement, servitude, right or privilege so far as benefiting that land,
the disposal falling within paragraph (b) above is to be regarded for the purposes of this section as a disposal by the company of the whole of its beneficial interest in a qualifying interest in land.
- (9C) Where a company which has a freehold or leasehold interest in land in the United Kingdom grants a lease for a term of years absolute (or, in the case of land in Scotland, grants a lease) to a charity of the whole or part of that land, the grant of that lease is to be regarded for the purposes of this section as a disposal by the company of the whole of the beneficial interest in the leasehold interest so granted.
- (9D) For the purposes of subsection (9A) above, an agreement to acquire a freehold interest and an agreement for a lease are not qualifying interests in land.
- (9E) In the application of this section to Scotland—
- (a) references to a freehold interest in land are references to the interest of the owner,
- (b) references to a leasehold interest in land which is a term of years absolute are references to a tenant’s right over or interest in a property subject to a lease, and
- (c) references to an agreement for a lease do not include references to missives of let that constitute an actual lease.
- (10) Subject to subsection (11) below, the market value of any qualifying investment shall be determined for the purposes of this section as for the purposes of the 1992 Act.
- (10A) Section 839 (connected persons) applies for the purposes of this section.
- (11) In the case of an interest in an offshore fund for which there are separate published buying and selling prices, section 272(5) of the 1992 Act (meaning of “*market value*” in relation to rights of unit holders in a unit trust scheme) shall apply with any necessary modifications for determining the market value of the interest for the purposes of this section.
- (12) This section is supplemented by sections 587BA and 587C below.
##### 587BA
- (1) This section applies for the purposes of section 587B where a qualifying investment is a qualifying interest in land.
- (2) Where two or more persons (“the owners”)—
- (a) are jointly beneficially entitled to the qualifying interest in land, or
- (b) are, taken together, beneficially entitled in common to the qualifying interest in land,
relief under section 587B is available if at least one of the owners is a qualifying company and all the owners dispose of the whole of their beneficial interests in the qualifying interest in land to the charity.
- (3) Subsection (4) applies if one or more of the owners is not a company.
- (4) For the purpose of determining whether the owners' beneficial interests are disposed of as mentioned in subsection (2), section 587B(9B) and (9C) applies as if references to a company included a reference to a person who is not a company.
- (5) Relief under section 587B is available to each of the owners which is a qualifying company.
- (6) If one or more of the owners is an individual—
- (a) the relevant amount is taken to be the relievable amount calculated for the purposes of Chapter 3 of Part 8 of ITA 2007, and
- (b) the amount of relief under section 587B to be given to a qualifying company is such share of the relievable amount as is allocated to the company by the agreement mentioned in section 442(5) of ITA 2007.
- (7) Subsections (8) to (12) apply if none of the owners is an individual.
- (8) The amount of relief under section 587B to be given to a qualifying company is such share of the relevant amount as is allocated to the company by an agreement made between those owners which are qualifying companies.
- (9) Calculate the relevant amount as if—
- (a) the owners were a single qualifying company, and
- (b) the disposals of the owners' beneficial interests were a single disposal by that single company of the whole of the beneficial interest in the qualifying interest in land.
- (10) In particular, for the purposes of section 587B(7) calculate the consideration for which the disposal is made by virtue of section 257(2)(a) of the 1992 Act by—
- (a) calculating, for each owner, the consideration for which the disposal of the owner's beneficial interest is so made, and
- (b) adding together all the consideration calculated under paragraph (a).
- (11) If one or more of the owners is not a qualifying company, in calculating the relevant amount make just and reasonable adjustments to reduce the relevant amount to reflect the fact that relief under section 587B is not available to that owner or to those owners.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) A company is a qualifying company if—
- (a) it is not itself a charity, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 587C
- (1) This section applies for the purposes of section 587B where a qualifying investment is a qualifying interest in land.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) No company may make a claim for a relief under subsection (2) of section 587B unless it has received a certificate given by or on behalf of the charity.
- (5) The certificate must—
- (a) specify the description of the qualifying interest in land which is the subject of the disposal,
- (b) specify the date of the disposal, and
- (c) contain a statement that the charity has acquired the qualifying interest in land.
- (6) If, in the case of a disposal of a qualifying interest in land, a disqualifying event occurs at any time in the relevant period, the following shall be treated as never having been entitled to relief under section 587B in respect of the disposal—
- (a) in a case to which section 587BA does not apply, the company which made the disposal, and
- (b) in a case to which section 587BA applies, each qualifying company which is an owner.
- (7) All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (6) above.
- (8) For the purposes of subsection (6) above a disqualifying event occurs if a person mentioned in subsection (8A)—
- (a) becomes entitled to an interest or right in relation to all or part of the land to which the disposal relates, or
- (b) becomes party to an arrangement under which he enjoys some right in relation to all or part of that land,
otherwise than for full consideration in money or money’s worth.
- (8A) The persons are—
- (a) in a case to which section 587BA does not apply—
- (i) the company which made the disposal, or
- (ii) a person connected with that company, and
- (b) in a case to which section 587BA applies—
- (i) a person who is an owner, or
- (ii) a person connected with such a person.
- (9) A disqualifying event does not occur, for the purposes of subsection (6) above, if a person becomes entitled to an interest or right as mentioned in subsection (8)(a) above as a result of a disposition of property on death, whether the disposition is effected by will, under the law relating to intestacy or otherwise.
- (10) For the purposes of subsection (6) above the relevant period is the period beginning with the date of the disposal of the qualifying interest in land and ending with—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) . . . the sixth anniversary of the end of the accounting period in which the disposal was made.
- (11) Section 839 (connected persons) applies for the purposes of this section.
- (12) This section shall be construed as one with section 587B.
#### Schedule A losses.
##### 589A
- (1) This section applies where expenditure (“relevant expenditure”)—
- (a) is incurred in the provision of services to a person (“*the employee*”) in connection with the cessation of the person’s office or employment, or
- (b) is incurred in the payment or reimbursement of—
- (i) fees for such provision, or
- (ii) travelling expenses incurred in connection with such provision,
and (in either case) the relevant conditions are met.
- (1A) In subsection (1) above “*the relevant conditions*” means—
- (a) conditions A to D for the purposes of section 310 of ITEPA 2003 (exemptions: counselling and other outplacement services), and
- (b) in the case of travel expenses, condition E for those purposes.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) Subsections (8) and (9) below apply where any relevant expenditure is incurred by the company under which the employee holds or held the office or employment mentioned in subsection (1) above (the employer).
- (8) If and so far as the expenditure would not, apart from this subsection, be so deductible, it shall be deductible in computing for the purposes of Schedule D the profits of the trade or profession of the employer for the purposes of which the employee is or was employed.
- (9) Where the employer is a company with investment business or a company carrying on life assurance business, subsection (8) above shall have effect as if for the words from “so deductible” onwards there were substituted—
> so deductible or brought into account, it shall—
> (a) in a case where the employer is a company with investment business, be deductible as expenses of management under section 75, or
> (b) in case where the employer is a company carrying on life assurance business, be brought into account under section 76 as expenses payable.
.
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 589B
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Any reference in . . . section 589A to an employee being employed by an employer is a reference to the employee holding office or employment under the employer.
#### Losses from overseas property business.
##### 590A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 590B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 590C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 591D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Regulations in relation to qualifying policies
##### 596A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 596B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 596C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 599A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 605A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 606A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 611A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 611AA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 611A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 617A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Overseas life assurance business: life policies.
#### Transactions in deposits with and without certificates or in debts.
##### 631A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 632A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 632B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 634A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 636A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 637A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 638ZA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 638A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trading companies
##### 640A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 641A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The control and independence requirement
#### Ceasing to meet the trading requirement because of administration or receivership
##### 646A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 646B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 646C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 646D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Annuities: charge to tax
##### 648A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 648B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 650A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 651A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 653A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 658A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659A
- (1) For the purposes of sections . . . 613(4), 614(3) and (4) . . . —
- (a) “*investments*” (or “*investment*”) includes futures contracts and options contracts, and
- (b) income derived from transactions relating to such contracts shall be regarded as income derived from (or income from) such contracts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For the purposes of subsection (1) above a contract is not prevented from being a futures contract or an options contract by the fact that any party is or may be entitled to receive or liable to make, or entitled to receive and liable to make, only a payment of a sum (as opposed to a transfer of assets other than money) in full settlement of all obligations.
##### 659B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 659E
- (1) The exemptions specified below do not apply to income derived from investments, deposits or other property held as a member of a property investment LLP (see section 1004 of ITA 2007).
- (2) The exemptions are those provided by—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- section 613(4) (Parliamentary pension funds),
- section 614(3) (certain colonial, &c. pension funds),
- section 614(4) (the Overseas Service Pension Fund),
- section 614(5) (other pension funds for overseas employees),
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The income to which subsection (1) above applies includes relevant stock lending fees, in relation to any investments, to which any of the provisions listed in subsection (2) above would apply by virtue of section 129B.
- (4) Section 659A (treatment of futures and options) applies for the purposes of subsection (1) above.
### Chapter IA — Liability of settlor
### Main provisions
#### Cessation of approval: general provisions.
##### 660A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660C
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Supplementary provisions
##### 660E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 660G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 674A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax credits under Part 1 of Tax Credits Act 2002
#### Exemption from tax in respect of qualifying premiums.
##### 682A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### . . .
### . . .
##### 685A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Approval of schemes.
##### 685F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 685G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of appointment or arrangements under section 659B.
##### 686A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 686B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 686C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 686D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 432B apportionment: non-participating funds
##### 686E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 687A
- (1) This section applies where—
- (a) the trustees of a settlement make a payment to a company;
- (b) sections 494 and 495 of ITA 2007 apply in relation to the payment; and
- (c) the company is chargeable to corporation tax and does not fall within subsection (2) below.
- (2) A company falls within this subsection if it is—
- (a) a charitable company, as defined in section 506(1);
- (b) a body mentioned in section 507 (heritage bodies); or
- (c) an Association of a description specified in section 508 (scientific research organisations).
- (3) Where this section applies—
- (a) none of the following provisions, namely—
- (i) section 7(2),
- (ii) section 11(3),
- (iii) section 952 of ITA 2007 (set off of income tax suffered against income tax payable),
shall apply in the case of the payment;
- (b) the payment shall be left out of account in calculating the profits of the company for the purposes of corporation tax; and
- (c) no repayment shall be made of the amount treated under section 494 of ITA 2007 as income tax paid by the company in the case of the payment.
- (4) If the company is not resident in the United Kingdom, this section applies only in relation to so much (if any) of the payment as is comprised in the company’s chargeable profits for the purposes of corporation tax.
### Chapter ID — Trust management expenses
##### 689A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 689B
- (1) The expenses of the trustees of a settlement in any year of assessment, so far as they are properly chargeable to income (or would be so chargeable but for any express provisions of the trust), shall be treated—
- (a) as set against so much (if any) of any income as is income falling within subsection (2) , (2A) or (3) below before being set against other income; and
- (b) as set against so much (if any) of any income as is income falling within subsection (2) or (2A) below before being set against income falling within subsection (3) below; and
- (c) as set against so much (if any) of any income as is income falling within subsection (2) below before being set against income falling within subsection (2A) below.
- (2) Income falls within this subsection if it is—
- (a) so much of the income of the trustees as is income chargeable under Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc. from UK resident companies etc.);
- (b) income treated as arising to the trustees under Chapter 5 of that Part (stock dividends from UK resident companies); or
- (c) income chargeable under Chapter 6 of that Part (release of loan to participator in close company).
- (2A) Income falls within this subsection if it is —
- (a) income chargeable under Chapter 4 of Part 4 of ITTOIA 2005 (dividends from non-UK resident companies); or
- (b) a relevant foreign distribution chargeable under Chapter 8 of Part 5 of that Act (income not otherwise charged).
- (2B) In subsection (2A) “*relevant foreign distribution*” means any distribution of a company not resident in the United Kingdom which—
- (a) is not chargeable under Chapter 4 of Part 4 of ITTOIA 2005, but
- (b) would be chargeable under Chapter 3 of that Part if the company were resident in the United Kingdom.
- (3) Income falls within this subsection if it is income of the trustees which is savings income (within the meaning of section 18 of ITA 2007).
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) This section applies for corporation tax purposes only.
##### 698A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 699A
- (1) In this section “*a relevant amount*” means so much of any amount which a person is deemed by virtue of this Part to receive or to have a right to receive as is or would be paid out of sums which—
- (a) are included in the aggregate income of the estate of the deceased by virtue of any of paragraphs (c) to (e) of section 701(8) below; and
- (b) are sums in respect of which the personal representatives are not directly assessable to United Kingdom income tax;
or out of any sums included in the aggregate income of the estate of the deceased which fall within subsection (1A) below.
- (1A) A sum falls within this subsection if it is a sum in respect of—
- (a) a distribution chargeable under Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc. from UK resident companies etc.); . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1B) Any reference in this Part to a sum to which subsection (1)(a) and (b) above applies includes a reference to a sum falling within subsection (1A) above which is included in the aggregate income of the estate of the deceased.
- (2) In determining for the purposes of this Part whether any amount is a relevant amount—
- (a) such apportionments of any sums to which subsection (1)(a) and (b) above applies shall be made between different persons with interests in the residue of the estate as are just and reasonable in relation to their different interests; and
- (b) subject to paragraph (a) above, the assumptions in section 701(3A)(b) shall apply, but (subject to that) it shall be assumed that payments are to be made out of other sums comprised in the aggregate income of the estate before they are made out of any sums to which subsection (1)(a) and (b) above applies.
- (3) In the case of a foreign estate, and notwithstanding anything in section 695(4)(b) or 696(6), a relevant amount shall be deemed—
- (a) to be income of such amount as would, after deduction of income tax for the year in which it is deemed to be paid, be equal to the relevant amount; and
- (b) to be income that has borne tax at the applicable rate.
- (4) Sums to which subsection (1)(a) and (b) above applies shall be assumed, for the purpose of determining the applicable rate in relation to any relevant amount, to bear tax—
- (a) in the case of sums included by virtue of section 701(8)(c) or (d), at the dividendordinary rate, and
- (b) in the case of sums included by virtue of section 701(8)(e), at the basic rate; and
- (c) in the case of sums falling within subsection (1A) above, at the dividend ordinary rate.
- (5) No repayment shall be made of any income tax which by virtue of this Part is treated as having been borne by the income that is represented by a relevant amount.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 432B apportionment: value of non-participating funds.
#### Section 432B apportionment: supplementary provisions.
##### 705A
- (1) Immediately after the determination by the tribunal of an appeal re-heard by them under section 705 of this Act, the appellant or the Board, if dissatisfied with the determination as being erroneous in point of law, may declare its or their dissatisfaction to the tribunal.
- (2) The appellant or the Board, as the case may be, having declared its or their dissatisfaction, may, within thirty days after the determination, by notice in writing require the tribunal to state and sign a case for the opinion of the High Court.
- (3) The party requiring the case shall pay to the tribunal a fee of £25 for and in respect of the same, before that party is entitled to have the case stated.
- (4) The case shall set forth the facts and the determination of the tribunal, and the party requiring it shall transmit the case, when stated and signed, to the High Court, within thirty days after receiving the same.
- (5) At or before the time when that party transmits the case to the High Court, that party shall send notice in writing of the fact that the case has been stated on that party's application, together with a copy of the case, to the other party.
- (6) The High Court shall hear and determine any question of law arising on the case, and may reverse, affirm or amend the determination in respect of which the case has been stated, or remit the matter to the tribunal with the Court’s opinion on it, or make such other order in relation to the matter as the Court thinks fit.
- (7) The High Court may cause the case to be sent back for amendment, and thereupon the case shall be amended accordingly, and judgment shall be delivered after it has been amended.
- (8) Subject to subsection (9) below and to Part II of the Administration of Justice Act 1969 (appeal from High Court to House of Lords), an appeal shall, in England and Wales, lie from the decision of the High Court to the Court of Appeal and thence to the House of Lords.
- (9) No appeal shall lie to the House of Lords from the Court of Appeal unless leave has been given under and in accordance with section 1 of the Administration of Justice (Appeals) Act 1934.
- (10) Subject to subsection (11) below, where the determination of the tribunal is in respect of an assessment made in accordance with a notice under subsection (3) of section 703, then notwithstanding that a case has been required to be stated or is pending before the High Court in respect of the determination, corporation tax shall be paid in accordance with the determination.
- (11) If the amount charged by the assessment is altered by the order or judgment of the High Court, then—
- (a) if too much corporation tax has been paid the amount overpaid shall be refunded with such interest, if any, as the High Court may allow; or
- (b) if too little corporation tax has been charged, the amount undercharged shall be due and payable at the expiration of a period of thirty days beginning with the date on which the Board issue to the other party a notice of the total amount payable in accordance with the order or judgment of that Court.
- (12) All matters within the jurisdiction of the High Court under this section shall be assigned in Scotland to the Court of Session sitting as the Court of Exchequer (references in this section to the High Court being construed accordingly); and an appeal shall lie from the decision under this section of the Court of Session, as the Court of Exchequer in Scotland, to the House of Lords.
##### 705B
- (1) A case which is stated by the tribunal under section 705A in proceedings in Northern Ireland shall be a case for the opinion of the Court of Appeal in Northern Ireland, and the Management Act and the Corporation Tax Acts shall have effect as if that section applied in relation to such proceedings—
- (a) with the substitution for references to the High Court of references to the Court of Appeal in Northern Ireland;
- (b) with the omission of subsections (4), (5), (8) and (9) of that section.
- (2) The procedure relating to the transmission of the case to, and the hearing and determination of the case by, the Court of Appeal in Northern Ireland shall be that for the time being in force in Northern Ireland as respects cases stated by a county court in exercise of its general jurisdiction, and an appeal shall lie from the Court of Appeal to the House of Lords in accordance with section 42 of the Judicature (Northern Ireland) Act 1978.
- (3) Where in proceedings in Northern Ireland an application is made for a case to be stated by the tribunal under this section, the case must be settled and sent to the applicant as soon after the application as is reasonably practicable.
- (4) For the purposes of this section “proceedings in Northern Ireland” means proceedings as respects which the place given by the rules in Schedule 3 to the Management Act is in Northern Ireland.
#### Section 349A(1): consequences of reasonable but incorrect belief
#### Reduced loss relief for additions to non-profit funds
#### Computation of losses and limitation on relief.
##### 722A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Income arising under settlement where settlor retains an interest.
##### 726A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 727A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Revocable settlements allowing release of obligation.
##### 730A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 730B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 730BB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 730C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Settlements made before 7th April 1965 but after 9th April 1946.
##### 736A
Schedule 23A to this Act shall have effect in relation to certain cases where under a contract or other arrangements for the transfer of shares or other securities a person is required to pay to the other party an amount representative of a dividend or payment of interest on the securities.
#### Certain income not to be income of settlor etc.
##### 736B
- (1) This section applies where—
- (a) any interest on securities transferred by the lender under a stock lending arrangement is paid, as a consequence of the arrangement, to a person other than the lender; and
- (b) no provision is made for securing that the lender receives payments representative of that interest.
- (2) Where this section applies, Schedule 23A and the provisions for the time being contained in any regulations under that Schedule , and section 97 of the Finance Act 1996 (loan relationships: manufactured interest), shall apply for corporation tax purposes, subject to subsection (2A) below, as if—
- (a) the borrower were required under the stock lending arrangement to pay the lender an amount representative of the interest mentioned in subsection (1)(a) above;
- (b) a payment were made by the borrower in discharge of that requirement; and
- (c) that payment were made on the same date as the payment of the interest of which it is representative.
- (2A) The borrower is not entitled, by virtue of anything in Schedule 23A or any provision of regulations under that Schedule, or otherwise—
- (a) to any deduction in computing profits or gains for the purposes of . . . corporation tax, or
- (b) to any deduction against . . . total profits,
in respect of any such deemed requirement or payment as is provided for by subsection (2) above.
Where the borrower is a company, an amount may not be surrendered by way of group relief if a deduction in respect of it is prohibited by this subsection.
- (3) In this section—
- “*interest*” includes dividends; and
- “*stock lending arrangement*” and “*securities*” have the same meanings as in section 263B of the 1992 Act.
- (4) See section 736D for provision treating certain arrangements as stock lending arrangements for the purposes of this section.
##### 736C
- (1) This section applies where—
- (a) the borrower under a stock lending arrangement is treated under section 736B(2) as paying under that arrangement an amount representative of interest on any securities (“the relevant securities”),
- (b) an amount of money (“cash collateral”) is payable to or for the benefit of the lender for the purpose of securing the discharge of the requirement to transfer the relevant securities back to the lender,
- (c) the stock lending arrangement is designed to produce a return to the borrower which equates, in substance, to the return on an investment of money at interest, and
- (d) the main purpose, or one of the main purposes, of the stock lending arrangement is the obtaining of a tax advantage.
- (2) Where this section applies—
- (a) the Corporation Tax Acts are to apply as if the borrower receives an amount of interest payable in respect of the cash collateral, and
- (b) the amount of the interest is calculated in accordance with the following provisions of this section (see, in particular, subsections (3) to (7)).
- (3) The interest is treated for the purposes of the Corporation Tax Acts as if it were received on the date (“the return date”) on which the borrower transfers the relevant securities back to the lender.
- (4) The interest is treated for the purposes of the Corporation Tax Acts as if it were payable in respect of the period (“*the interest period*”)—
- (a) beginning with the date on which the lender transfers the relevant securities to the borrower, and
- (b) ending with the return date.
- (5) The rate of interest payable in respect of the cash collateral is a rate that is reasonably comparable to the rate that the borrower could obtain by placing the cash collateral on deposit for the interest period.
- (6) For the purposes of this section, the amount of the cash collateral on which the interest is payable is taken to be—
- (a) in any case where the amount of the cash collateral varies at any time on or before the return date, the highest amount of the cash collateral at any time on or before the return date, and
- (b) in any other case, the amount of the cash collateral as at the return date.
- (7) The amount of the interest which the borrower is treated as receiving in respect of the cash collateral for the interest period is reduced (but not below nil) by any interest which the borrower actually receives in respect of that collateral for that period.
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) If the borrower is a company within the charge to corporation tax—
- (a) the interest which the borrower is treated as receiving is treated for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) as payable to it on a money debt,
- (b) that money debt is treated for those purposes as a relationship to which section 100 of the Finance Act 1996 applies (money debts etc not arising from the lending of money), and
- (c) the credits to be brought into account for those purposes in respect of the interest must be determined using an amortised cost basis of accounting.
- (10) The fact that the borrower is treated as receiving an amount of interest is not to be taken as implying that the interest is payable by the lender or any other person.
- (11) For the purposes of this section—
- “*money*” includes money expressed in a currency other than sterling,
- “*stock lending arrangement*” and “*securities*” have the same meanings as in section 263B of the 1992 Act,
- “*tax advantage*” has the meaning given by section 840ZA.
- (12) For the purposes of this section—
- (a) any reference to the transfer of securities back has the same meaning as in section 263B of the 1992 Act (see, in particular, sections 263B(5) and 263C(1) of that Act), but
- (b) if it becomes apparent that the borrower will not comply with the requirement to transfer any securities back, the borrower is treated as if he transfers them back on the date on which it becomes so apparent.
- (13) For the purposes of this section it does not matter—
- (a) whether the cash collateral is payable by the borrower or by any other person,
- (b) whether the cash collateral is payable under the stock lending arrangement or under any other arrangement,
- (c) whether collateral in another form is also provided in connection with the stock lending arrangement.
- (14) See section 736D—
- (a) for provision treating certain arrangements as stock lending arrangements for the purposes of this section, and
- (b) for provision treating certain amounts as cash collateral for those purposes.
##### 736D
- (1) In this section “*quasi-stock lending arrangement*” means so much of any arrangements between two or more persons as are not stock lending arrangements, but are arrangements under which—
- (a) a person (“*the lender*”) transfers securities to another person (“*the borrower*”), and
- (b) a requirement is imposed on a person to transfer any or all of the securities, or any other property, back to the lender or any other person,
and it does not matter whether the person on whom that requirement is imposed is the borrower or any other person.
- (2) In this section “*quasi-cash collateral*”, in relation to any stock lending arrangement or quasi-stock lending arrangement, means—
- (a) any money which is payable for a relevant purpose, plus
- (b) any other property which is transferable for a relevant purpose.
- (3) Money or other property is payable or transferable for a relevant purpose if it is payable or transferable to or for the benefit of—
- (a) the lender under the stock lending arrangement or quasi-stock lending arrangement, or
- (b) a person connected with that lender,
for the purpose of securing the discharge of the requirement to transfer any or all of the securities, or any other property, back to that lender or any other person.
- (4) For the purposes of sections 736B and 736C, a quasi-stock lending arrangement is treated as if it were a stock lending arrangement.
- (5) For the purposes of section 736C, in relation to any stock lending arrangement or quasi-stock lending arrangement,—
- (a) quasi-cash collateral is treated as if it were cash collateral, and
- (b) the amount of the quasi-cash collateral in relation to the stock lending arrangement or quasi-stock lending arrangement is taken to be the amount of the cash collateral.
- (6) If any property other than money is transferable for a relevant purpose, the amount of the quasi-cash collateral so far as relating to that property is determined by reference to its market value.
- (7) In any case where—
- (a) section 736C applies in relation to a quasi-stock lending arrangement, and
- (b) the person for whom the tax advantage was designed to be obtained is a person (“*the other person*”) other than the borrower under that arrangement,
that section has effect as if the other person were the person who receives the amount of interest mentioned in that section.
- (8) In any case where section 736C applies in relation to a quasi-stock lending arrangement—
- (a) any reference in that section to cash collateral being payable to or for the benefit of the lender includes its being payable to or for the benefit of a person connected with the lender,
- (b) the reference in subsection (1)(c) of that section to a return to the borrower includes a return to any other person, and
- (c) any reference in that section to the transfer back of the relevant securities by the borrower to the lender includes the transfer back of any or all of the securities, or any other property, by any person to the lender or any other person.
- (9) Section 839 (connected persons) applies for the purposes of this section.
- (10) In this section—
- “*money*” includes money expressed in a currency other than sterling,
- “*property*” means property in any form,
- “*stock lending arrangement*” and “*securities*” have the same meaning as in section 263B of the 1992 Act,
- “*transfer*” means a transfer otherwise than by way of sale.
#### Retained assets
##### 737A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 737B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 737C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 737D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 737E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 741A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 741B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 741C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 741D
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#### Transfer schemes: reduction of income of transferee
##### 747A
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##### 748ZA
- (1) Nothing in section 748(1)(da) prevents an apportionment falling to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company (“X”) if condition A, B or C is met.
- (2) Condition A is that at any time before the end of the relevant accounting period a scheme is entered into and—
- (a) in the absence of this subsection, in consequence of the scheme, section 748(1)(da) would apply to prevent an apportionment falling to be made as regards the relevant accounting period of X, and
- (b) the main purpose, or one of the main purposes, of any party to the scheme in entering into the scheme is to secure that section 748(1)(da) prevents an apportionment falling to be made as regards that period, or that period and one or more other accounting periods of X.
- (3) Condition B is that at any time before the end of the relevant accounting period a scheme is entered into and—
- (a) in consequence of the scheme profits are shifted to X from another company (“Y”),
- (b) the main purpose or one of the main purposes of any party to the scheme in entering into the scheme is to ensure that section 748(1)(da) prevents an apportionment falling to be made as regards the chargeable profits of one or more controlled foreign companies for one or more accounting periods, and
- (c) the relevant accounting period of X falls wholly or partly within that accounting period or those accounting periods.
- (4) For the purposes of subsection (3), profits are shifted to X from Y if it is reasonable to suppose that in the absence of the scheme, and any similar scheme, the whole or a part of the income which is reflected in X's profits would have been reflected in Y's profits.
- (5) Condition C is that, in determining X's chargeable profits for the relevant accounting period—
- (a) section 418(5) of CTA 2009 (loan relationships involving connected debtor and creditor where debits exceed credits) has effect so as to treat X, for the purposes of Part 5 of that Act, as bringing into account for that period credits in respect of a loan relationship, or
- (b) Part 21B of CTA 2010 (group mismatch schemes) has effect so as to exclude an amount from being brought into account as a debit or credit for the purposes of Part 5 of CTA 2009 (loan relationships) or Part 7 of that Act (derivative contracts).
- (6) For the purposes of this section—
- “*apportionment*” means an apportionment under section 747(3);
- “*scheme*” means any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving one or more transactions.
##### 748A
- (1) Nothing in section 748 prevents an apportionment under section 747(3) falling to be made as regards an accounting period of a controlled foreign company if the company—
- (a) is a company incorporated in a territory to which this section applies as respects that accounting period; or
- (b) is at any time in that accounting period liable to tax in such a territory by reason of domicile, residence or place of management; or
- (c) at any time in that accounting period carries on business through a permanent establishment in such a territory.
- (2) The condition in subsection (1)(c) above is not satisfied as regards an accounting period of a controlled foreign company if the business carried on by the company in that period through permanent establishments in territories to which this section applies, taken as a whole, is only a minimal part of the whole of the business carried on by the company in that period.
- (3) The territories to which this section applies as respects an accounting period of a controlled foreign company are those specified as such in regulations made by the Treasury.
- (4) Regulations under subsection (3) above—
- (a) may make different provision for different cases or with respect to different territories; and
- (b) may contain such incidental, supplemental, consequential or transitional provision as the Treasury may think fit.
- (5) A statutory instrument containing regulations under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
##### 749A
- (1) An election under paragraph (d) or a designation under paragraph (e) of section 749(3) shall have effect in relation to—
- (a) the accounting period in relation to which it is made (“the original accounting period"), and
- (b) each successive accounting period of the controlled foreign company in question which precedes the next one in which the eligible territories are different,
and shall so have effect notwithstanding any change in the persons who have interests in the company or any change in the interests which those persons have in the company.
- (2) For the purposes of subsection (1)(b) above, an accounting period of the controlled foreign company is one in which the eligible territories are different if in the case of that accounting period—
- (a) at least one of the two or more territories which fell within subsection (1) of section 749 in the original accounting period does not fall within that subsection; or
- (b) some other territory also falls within that subsection.
- (3) Any election under section 749(3)(d)—
- (a) must be made by notice given to an officer of the Board;
- (b) must be made no later than twelve months after the end of the controlled foreign company’s accounting period in relation to which it is made;
- (c) must state, as respects each of the persons making it, the percentage of the chargeable profits and creditable tax (if any) of the controlled foreign company for that accounting period which it is likely would be apportioned to him on an apportionment under section 747(3) if one were made;
- (d) must be signed by the persons making it; and
- (e) is irrevocable.
- (4) Nothing in—
- (a) paragraph 10 of Schedule 18 to the Finance Act 1998 (claims or elections in company tax returns), or
- (b) Schedule 1A to the Management Act (claims or elections not included in returns),
shall apply, whether by virtue of section 754 or otherwise, to an election under section 749(3)(d).
- (5) A designation under section 749(3)(e) is irrevocable.
- (6) Where the Board make a designation under section 749(3)(e), notice of the making of the designation shall be given to every company resident in the United Kingdom which appears to the Board to have had an assessable interest in the controlled foreign company at any time during the accounting period of the controlled foreign company in relation to which the designation is made.
- (7) A notice under subsection (6) above shall specify—
- (a) the date on which the designation was made;
- (b) the controlled foreign company to which the designation relates;
- (c) the accounting period of the controlled foreign company in relation to which the designation is made; and
- (d) the territory designated.
- (8) Subsection (9) of section 749 has effect for the purposes of subsection (6) above as it has effect for the purposes of subsection (8) of that section.
- (9) For the purposes of this section the effect of any application under section 751A shall be disregarded.
##### 749B
- (1) For the purposes of this Chapter, the following persons have an interest in a company—
- (a) any person who possesses, or is entitled to acquire, share capital or voting rights in the company;
- (b) any person who possesses, or is entitled to acquire, a right to receive or participate in distributions of the company;
- (c) any person who is entitled to secure that income or assets (whether present or future) of the company will be applied directly or indirectly for his benefit; and
- (d) any other person who, either alone or together with other persons, has control of the company.
- (2) Rights which a person has as a loan creditor of a company do not constitute an interest in the company for the purposes of this Chapter.
- (3) For the purposes of subsection (1)(b) above, the definition of “distribution" in Part VI shall be construed without any limitation to companies resident in the United Kingdom.
- (4) References in subsection (1) above to being entitled to do anything apply where a person—
- (a) is presently entitled to do it at a future date, or
- (b) will at a future date be entitled to do it;
but a person whose entitlement to secure that any income or assets of the company will be applied as mentioned in paragraph (c) of that subsection is contingent upon a default of the company or any other person under any agreement shall not be treated as falling within that paragraph unless the default has occurred.
- (5) Where a company has an interest in another company and a third person has, or two or more persons together have, an interest in the first company (as in a case where one company has a shareholding in a controlled foreign company and the first company is controlled by a third company or by two or more persons together) subsections (6) and (7) below apply.
- (6) Where this subsection applies, the person who has, or each of the persons who together have, the interest in the first company shall be regarded for the purposes of this Chapter as thereby having an interest in the second company.
- (7) In any case where this subsection applies, in construing references in this Chapter to one person having the same interest as another, the person or, as the case may be, each of the persons who together have, the interest in the first company shall be treated as having, to the extent of that person’s interest in that company, the same interest as the first company has in the second company.
- (8) Where two or more persons jointly have an interest in a company otherwise than in a fiduciary or representative capacity, they shall be treated for the purposes of this Chapter as having the interest in equal shares.
##### 750A
- (1) Where—
- (a) in any accounting period a company is to be regarded by virtue of any of subsections (1) to (4) of section 749 as resident in a particular territory outside the United Kingdom, and
- (b) within the meaning of section 750(1), the local tax in respect of the profits arising to the company in that accounting period is equal to or greater than three-quarters of the corresponding United Kingdom tax on those profits, but
- (c) that local tax is determined under designer rate tax provisions,
the company shall be taken for the purposes of this Chapter to be subject to a lower level of taxation in that territory in that accounting period.
- (2) In subsection (1) above “*designer rate tax provisions*” means provisions—
- (a) which appear to the Board to be designed to enable companies to exercise significant control over the amount of tax which they pay; and
- (b) which are specified in regulations made by the Board.
- (3) Regulations under subsection (2) above—
- (a) may make different provision for different cases or with respect to different territories; and
- (b) may contain such supplementary, incidental, consequential or transitional provision as the Board may think fit.
- (4) The first regulations under subsection (2) above may make provision having effect in relation to accounting periods beginning not more than fifteen months before the date on which the regulations are made.
##### 751A
- (1) This section applies if—
- (a) an apportionment under section 747(3) falls to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company,
- (b) throughout that period the controlled foreign company has a business establishment in an EEA territory,
- (c) throughout that period there are individuals who work for the controlled foreign company in that territory, and
- (d) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in that period.
- (2) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for the relevant accounting period to be reduced by an amount (“*the specified amount*”) specified in the application (including to nil).
- (3) If the Commissioners grant the application—
- (a) those chargeable profits are treated as reduced by the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in those chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (4) The Commissioners may grant the application only if they are satisfied that the specified amount does not exceed the amount (if any) equal to so much of those chargeable profits as can reasonably be regarded as representing the net economic value which—
- (a) arises to the appropriate body of persons (taken as a whole), and
- (b) is created directly by qualifying work.
- (5) For the purposes of subsection (4) “*net economic value*” does not include any value which derives directly or indirectly from the reduction or elimination of any liability of any person to any tax or duty imposed under the law of any territory.
- (6) For the purposes of subsection (4) “*the appropriate body of persons*” means—
- (a) if the controlled foreign company is not a member of a group of companies, the controlled foreign company and the persons who have an interest in it at any time in the relevant accounting period, and
- (b) if the controlled foreign company is a member of a group of companies, all the persons falling within paragraph (a) and any other person who is a member of that group of companies,
and for the purposes of this subsection “*group of companies*” means a company and any other companies of which it has control.
- (7) For the purposes of subsection (4) “*qualifying work*” means work which—
- (a) is done in any EEA territory in which the controlled foreign company has a business establishment throughout the relevant accounting period, and
- (b) is done in that territory by individuals working for the controlled foreign company there.
- (8) Any reference in this section to a business establishment of a controlled foreign company in an EEA territory is to be construed in accordance with paragraph 7 of Schedule 25 (but as if the reference in that paragraph to the territory in which the company is resident were to the EEA territory).
- (9) For the purposes of this section individuals are not to be regarded as working for a company in any territory unless—
- (a) they are employed by the company in the territory, or
- (b) they are otherwise directed by the company to perform duties on its behalf in the territory.
#### Deemed interest: cash collateral under stock lending arrangements
##### 751AA
- (1) This section applies if—
- (a) an apportionment under section 747(3) falls to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company,
- (b) the chargeable profits of the controlled foreign company for the relevant accounting period would, apart from this section, include an amount of income in respect of a payment made by another company (“the payer”),
- (c) the amount that the payer brings into account for the purposes of corporation tax in respect of the payment is reduced (in part or in full) by virtue of Part 3 of Schedule 15 to FA 2009 (tax treatment of financing costs and income), and
- (d) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in the relevant accounting period.
- (2) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for the relevant accounting period (“the chargeable profits”) to be reduced by an amount (“*the specified amount*”) specified in the application (including to nil).
- (3) If the Commissioners grant the application—
- (a) the chargeable profits are treated as reduced by the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in the chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (4) The Commissioners may grant the application only if they are satisfied that the specified amount does not exceed the relevant amount.
- (5) In subsection (4) “*the relevant amount*” means the amount (if any) by which it is just and reasonable that the chargeable profits should be treated as reduced, having regard to the effect of Parts 3 and 4 of Schedule 15 to FA 2009 on amounts brought into account for the purposes of corporation tax by the payer, or any other company.
#### Taxation in respect of other business: incorporated friendly societies qualifying for exemption.
##### 751AB
- (1) This section applies if—
- (a) an apportionment under section 747(3) would fall to be made as regards an accounting period (“*the relevant accounting period*”) of a controlled foreign company,
- (b) but for a relevant failure, section 748(1)(ba) or (bb) would have prevented such an apportionment, and
- (c) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in that period.
- (2) “*Relevant failure*” means—
- (a) in the case of section 748(1)(ba), one or both of the following—
- (i) a failure to satisfy the requirement of paragraph 12E of Schedule 25 (requirement as to company's UK connection) in circumstances where the requirement would be satisfied if the reference in sub-paragraph (3)(a) of that paragraph to 10% were a reference to 50%, and
- (ii) a failure to satisfy the requirement of paragraph 12F of that Schedule (finance income and relevant IP income) in circumstances where the relevant IP income of the controlled foreign company for the accounting period does not exceed 5% of the company's gross income for that period, and
- (b) in the case of section 748(1)(bb), a failure to satisfy the requirement of paragraph 12M of that Schedule (finance income).
- (3) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for the relevant accounting period (“the chargeable profits”) to be reduced to an amount specified in the application (“*the specified amount*”).
The specified amount may be nil.
- (4) If the Commissioners grant the application—
- (a) the chargeable profits are treated as reduced to the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in the chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (5) The Commissioners may grant the application only if—
- (a) they are satisfied that the specified amount is not less than the relevant amount, and
- (b) they have not previously granted an application made by the UK resident company in respect of the relevant accounting period under section 751A or 751AC.
- (6) “*The relevant amount*” means—
- (a) if the relevant failure is within subsection (2)(a), the sum of—
- (i) the excess finance and IP income (if any) for the relevant accounting period, and
- (ii) in a case where there is a failure specified in subsection (2)(a)(i), so much (if any) of the net chargeable profits for that period as are not excluded by subsection (8), and
- (b) if the relevant failure is within subsection (2)(b)—
- (i) the amount (if any) by which the controlled foreign company's finance income for the relevant accounting period exceeds 5% of its gross income for that period, or
- (ii) if that amount is a negligible amount, nil.
- (7) “The excess finance and IP income” for the relevant accounting period means—
- (a) the amount (if any) by which the total of the controlled foreign company's finance income and relevant IP income for that period exceeds 5% of its gross income for that period, or
- (b) if that amount is a negligible amount, nil.
- (8) Net chargeable profits are excluded by this subsection if, and to the extent that, they can reasonably be regarded—
- (a) as representing the net economic value which—
- (i) arises to the appropriate body of persons (taken as a whole), and
- (ii) is created directly by qualifying work, or
- (b) as not being wholly or partly attributable, directly or indirectly, to transactions with persons within the charge to United Kingdom tax.
- (9) In subsection (8)(a) “*qualifying work*” means work which—
- (a) is done in the territory in which the controlled foreign company is resident, and
- (b) is done in that territory by individuals working for the controlled foreign company there.
- (10) A transaction with a company which is within the charge to United Kingdom tax only because it carries on a trade in the United Kingdom through a permanent establishment there is within subsection (8)(b) only if the transaction is attributable to activities carried on through that establishment.
- (11) For the purposes of subsections (8) and (9)—
- (a) section 751A(5), (6) and (9) applies as it applies for the purposes of the equivalent provisions of section 751A, and
- (b) paragraph 5(2) to (5) of Schedule 25 (residence of controlled foreign company) applies as it applies in relation to Part 2 of that Schedule.
- (12) In this section—
- “*finance income*” has the meaning given by paragraph 12F(3) of Schedule 25 (with references to C read as references to the controlled foreign company);
- “*relevant IP income*” has the meaning given by paragraph 12F(4) of that Schedule;
- “*net chargeable profits*” means chargeable profits excluding so much of those profits as is directly attributable to the finance income or relevant IP income of the controlled foreign company;
- “*UK-connected gross income*” has the same meaning as in paragraph 12E of Schedule 25;
- “*United Kingdom tax*” means corporation tax or income tax;
and paragraph 12G of that Schedule (gross income) applies for the purposes of this section as it applies for the purposes of Part 2A of that Schedule (with references to C read as references to the controlled foreign company).
#### Imputation of chargeable profits and creditable tax of controlled foreign companies
##### 751AC
- (1) This section applies if—
- (a) an exempt period in relation to a controlled foreign company ends in accordance with paragraph 15F(2) of Schedule 25 (time exempt period ends if there is an early termination event), other than by reason of an early termination event within paragraph 15F(3)(b),
- (b) an accounting period (“*the relevant accounting period*”) of the company ends after that exempt period but before the time the exempt period would have ended had paragraph 15F(2) of that Schedule not applied,
- (c) an apportionment under section 747(3) would fall to be made as regards the relevant accounting period, and
- (d) a company resident in the United Kingdom (“the UK resident company”) has a relevant interest in the controlled foreign company in that period.
- (2) The UK resident company may make an application to the Commissioners for Her Majesty's Revenue and Customs for the chargeable profits of the controlled foreign company for that accounting period (“the chargeable profits”) to be reduced to an amount (“*the specified amount*”) specified in the application (which may be nil).
- (3) If the Commissioners grant the application—
- (a) the chargeable profits are treated as reduced to the specified amount, and
- (b) the controlled foreign company's creditable tax (if any) for that period is treated as reduced by so much of that tax as, on a just and reasonable basis, relates to the reduction in the chargeable profits,
for the purpose of applying section 747(3) to (5) for determining the sum (if any) chargeable on the UK resident company under section 747(4)(a) (but for no other purpose).
- (4) The Commissioners may grant the application only if—
- (a) they are satisfied that the specified amount is not less than the relevant amount, and
- (b) they have not previously granted an application made by the UK resident company in respect of the relevant accounting period under section 751A or 751AB.
- (5) “*The relevant amount*” means the amount (if any) equal to so much of the chargeable profits as it is just and reasonable to regard as referable to—
- (a) the relevant transaction which triggered the end of the exempt period, or
- (b) any later relevant transaction occurring before the time the exempt period would have ended had paragraph 15F(2) of Schedule 25 not applied.
- (6) “*Relevant transaction*” has the meaning given by paragraph 15E of Schedule 25 (and it does not matter if the transaction occurs pursuant to an agreement entered into by the controlled foreign company before the relevant time (within the meaning of paragraph 15G of that Schedule)).
#### Election as to tax exempt business.
##### 751B
- (1) An application by a company under section 751A—
- (a) must be made in such form as the HMRC Commissioners may determine,
- (b) must be accompanied by such documents (or copies of documents) in the company's possession or power as those Commissioners may reasonably require for the purpose of determining whether to grant the application, and
- (c) must contain such information as those Commissioners may reasonably require for that purpose.
- (2) An application by a company under section 751A—
- (a) may be made at any time on or before the filing date (within the meaning of Schedule 18 to the Finance Act 1998) for the relevant company tax return of the company, and
- (b) may be amended or withdrawn at any time before the application is determined by those Commissioners.
- (3) If an application by a company under section 751A is granted after the company has delivered its relevant company tax return, it has 30 days beginning with the day on which the application is granted in which to amend that return to give effect to section 751A.
- (4) The time limits otherwise applicable to an amendment of a company tax return do not prevent an amendment being made under subsection (3).
- (5) If the HMRC Commissioners refuse an application by a company under section 751A, the company may appeal to the Special Commissioners against the refusal.
- (6) Notice of an appeal must be given in writing to the HMRC Commissioners within 30 days after the application is refused.
- (7) On an appeal—
- (a) if the Special Commissioners are satisfied that the relevant amount is a different amount from the amount specified in the application, they must direct the HMRC Commissioners to grant the application as if the amount specified in it were that different amount,
- (b) if the Special Commissioners are satisfied that the relevant amount is the amount specified in the application, they must direct the HMRC Commissioners to grant the application, and
- (c) in any other case, the Special Commissioners must confirm the refusal.
- (8) For the purposes of subsection (7) “*the relevant amount*” means the amount (if any) equal to so much of the chargeable profits mentioned in subsection (4) of section 751A as can reasonably be regarded as representing the value mentioned in that subsection.
- (9) Part 5 of the Management Act (appeals against assessments to tax), apart from section 50, applies in relation to an appeal under this section as it applies in relation to an appeal against an assessment to tax.
- (10) In this section “*relevant company tax return*”, in relation to a company, means the return for the accounting period for which—
- (a) any sum is chargeable on the company under section 747(4)(a), or
- (b) any sum would be so chargeable but for section 751A,
in respect of the chargeable profits of the controlled foreign company for the accounting period mentioned in section 751A(1).
- (11) In this section “*the HMRC Commissioners*” means the Commissioners for Her Majesty's Revenue and Customs.
#### Life or endowment business: application of the Corporation Tax Acts.
##### 752A
- (1) This section has effect for the purpose of determining for the purposes of this Chapter who has a relevant interest in a controlled foreign company at any time; and references in this Chapter to relevant interests shall be construed accordingly.
- (2) A UK resident company which has a direct or indirect interest in a controlled foreign company has a relevant interest in the company by virtue of that interest unless subsection (3) below otherwise provides.
- (3) A UK resident company which has an indirect interest in a controlled foreign company does not have a relevant interest in the company by virtue of that interest if it has the interest by virtue of having a direct or indirect interest in another UK resident company.
- (4) A related person who has a direct or indirect interest in a controlled foreign company has a relevant interest in the company by virtue of that interest unless subsection (5) or (6) below otherwise provides.
- (5) A related person who has an indirect interest in a controlled foreign company does not have a relevant interest in the company by virtue of that interest if he has the interest by virtue of having a direct or indirect interest in—
- (a) a UK resident company; or
- (b) another related person.
- (6) A related person who has a direct or indirect interest in a controlled foreign company does not have a relevant interest in the company by virtue of that interest to the extent that a UK resident company—
- (a) has the whole or any part of the same interest indirectly, by virtue of having a direct or indirect interest in the related person, and
- (b) by virtue of that indirect interest in the controlled foreign company, has a relevant interest in the company by virtue of subsection (2) above.
- (7) A person who—
- (a) has a direct interest in a controlled foreign company, but
- (b) does not by virtue of subsections (2) to (6) above have a relevant interest in the company by virtue of that interest,
has a relevant interest in the company by virtue of that interest unless subsection (8) below otherwise provides.
- (8) A person does not by virtue of subsection (7) above have a relevant interest in a controlled foreign company by virtue of having a direct interest in the company to the extent that another person—
- (a) has the whole or any part of the same interest indirectly, and
- (b) by virtue of that indirect interest, has a relevant interest in the company by virtue of subsections (2) to (6) above.
- (9) No person has a relevant interest in a controlled foreign company otherwise than as provided by subsections (2) to (8) above.
- (10) In this section—
- “*related person*” means a person who—is not a UK resident company, butis connected or associated with a UK resident company which has by virtue of subsection (2) above a relevant interest in the controlled foreign company in question;
- “*UK resident company*” means a company resident in the United Kingdom.
##### 752B
- (1) For the purposes of section 752(3) above, where a person has a relevant interest in a controlled foreign company by virtue of indirectly holding issued ordinary shares of the company, the percentage of the issued ordinary shares of the company which the relevant interest represents is equal to—
$$P×S$where—P is the product of the appropriate fractions of that person and each of the share-linked companies through which he indirectly holds the shares in question, other than the lowest share-linked company; andS is the percentage of issued ordinary shares of the controlled foreign company which is held directly by the lowest share-linked company.$
- (2) In subsection (1) above and this subsection—
- “the appropriate fraction", in the case of a person who directly holds ordinary shares of a share-linked company, means that fraction of the issued ordinary shares of that company which his holding represents;
- “*the lowest share-linked company*”, in relation to a person who indirectly holds ordinary shares of a controlled foreign company, means the share-linked company which directly holds the shares in question;
- “*share-linked company*” means a company which is share-linked to the controlled foreign company in question.
- (3) Where a person has different indirect holdings of shares of the controlled foreign company (as in a case where different shares are held through different companies which are share-linked to the controlled foreign company)—
- (a) subsection (1) above shall apply separately in relation to the different holdings with any necessary modifications; and
- (b) for the purposes of section 752(3) above the percentage of the issued ordinary shares of the company which the relevant interest represents is the aggregate of the percentages resulting from those separate applications.
- (4) Where, for the purposes of subsection (3) of section 752, the percentage of the issued ordinary shares of the controlled foreign company which a person directly or indirectly holds varies during the relevant accounting period, he shall be treated for the purposes of that subsection as holding throughout that period that percentage of the issued ordinary shares of the company which is equal to the sum of the relevant percentages for each holding period in the relevant accounting period.
- (5) For the purposes of subsection (4) above—
- “holding period", in the case of any person, means a part of the relevant accounting period during which the percentage of the issued ordinary shares of the controlled foreign company which the person holds (whether directly or indirectly) remains the same;
- “the relevant percentage", in the case of a holding period, means the percentage equal to—$P×HA$where—P is the percentage of the issued ordinary shares of the controlled foreign company which the person in question directly or indirectly holds in the holding period, as calculated in accordance with subsections (1) to (3) above so far as applicable;H is the number of days in the holding period; andA is the number of days in the relevant accounting period.
##### 752C
- (1) In this section “*the relevant provisions*” means sections 752 to 752B and this section.
- (2) For the purposes of the relevant provisions—
- (a) a person has a direct interest in a company if (and only if) he has an interest in the company otherwise than by virtue of having an interest in another company;
- (b) a person has an indirect interest in a company if (and only if) he has an interest in the company by virtue of having an interest in another company;
- (c) a person indirectly holds shares of a controlled foreign company if (and only if) he directly holds ordinary shares of a company which is share-linked to the controlled foreign company.
- (3) For the purposes of the relevant provisions, a company is “share-linked" to a controlled foreign company if it has an interest in the controlled foreign company only by virtue of directly holding ordinary shares—
- (a) of the controlled foreign company, or
- (b) of the controlled foreign company or of one or more companies which are share-linked to the controlled foreign company by virtue of paragraph (a) above, or
- (c) of the controlled foreign company or of one or more companies which are share-linked to the controlled foreign company by virtue of paragraph (a) or (b) above,
and so on.
- (4) For the purposes of the relevant provisions, a company (“company A") has an intermediate interest in a controlled foreign company if (and only if)—
- (a) it has a direct or indirect interest in the controlled foreign company; and
- (b) one or more other persons have relevant interests in the controlled foreign company by virtue of having a direct or indirect interest in company A.
- (5) Any interest or shares held by a nominee or bare trustee shall be treated for the purposes of the relevant provisions as held by the person or persons for whom the nominee or bare trustee holds the interest or shares.
- (6) Where—
- (a) an interest in a controlled foreign company is held in a fiduciary or representative capacity, and
- (b) subsection (5) above does not apply, but
- (c) there are one or more identifiable beneficiaries,
the interest shall be treated for the purposes of the relevant provisions as held by that beneficiary or, as the case may be, as apportioned on a just and reasonable basis among those beneficiaries.
- (7) In the relevant provisions—
- “*bare trustee*” means a person acting as trustee—for a person absolutely entitled as against the trustee; orfor any person who would be so entitled but for being a minor or otherwise under a disability; orfor two or more persons who are or would, but for all or any of them being a minor or otherwise under a disability, be jointly so entitled;
- “ordinary shares", in the case of any company, means shares of a single class, however described, which is the only class of shares issued by the company;
- “*the relevant accounting period*” means the accounting period mentioned in section 752(1);
- “*share*” includes a reference to a fraction of a share.
##### 754A
- (1) This section applies where—
- (a) a company resident in the United Kingdom (“the UK company") has an interest in a controlled foreign company at any time during an accounting period of the controlled foreign company;
- (b) the UK company delivers a company tax return; and
- (c) at the time when the UK company delivers the company tax return, it is not established whether or not the controlled foreign company has pursued an acceptable distribution policy in relation to the accounting period.
- (2) If the UK company is of the opinion that the controlled foreign company is likely to pursue an acceptable distribution policy in relation to the accounting period, the UK company shall make the company tax return on the basis that the accounting period of the controlled foreign company is one in relation to which the controlled foreign company pursues such a policy.
- (3) If the UK company is not of the opinion that the controlled foreign company is likely to pursue an acceptable distribution policy in relation to the accounting period, the UK company shall make the company tax return on the basis that the accounting period of the controlled foreign company is one in relation to which the controlled foreign company does not pursue such a policy.
- (4) In any case where—
- (a) the UK company acts in pursuance of subsection (2) above, but
- (b) it becomes established that the controlled foreign company has not pursued an acceptable distribution policy in relation to the accounting period,
the UK company shall amend the company tax return on the basis that the accounting period is not one in relation to which the controlled foreign company pursues an acceptable distribution policy.
- (5) In any case where—
- (a) the UK company acts in pursuance of subsection (3) above, but
- (b) it becomes established that the controlled foreign company has pursued an acceptable distribution policy in relation to the accounting period,
the UK company shall amend the company tax return on the basis that the accounting period is one in relation to which the controlled foreign company pursues an acceptable distribution policy.
- (6) Any amendment required to be made to the company tax return by virtue of subsection (4) or (5) above (“*an ADP amendment*”) shall be made by the UK company before the expiration of the period of 30 days next following the end of the period allowed for establishing an ADP in relation to the accounting period of the controlled foreign company.
- (7) Subject to subsection (8) below, the making of any ADP amendment is subject to, and must be in accordance with, the other provisions of the Corporation Tax Acts as they apply for the purposes of this Chapter.
- (8) The time limits otherwise applicable to amendment of a company tax return do not apply to an ADP amendment.
- (9) A company which fails to make an ADP amendment required by subsection (4) above within the time allowed for doing so shall be liable to a tax-related penalty under paragraph 20 of Schedule 18 to the Finance Act 1998 (penalty, not exceeding amount of tax understated, for incorrect or uncorrected return).
- (10) For the purposes of this section, if it has not previously been established whether or not the controlled foreign company has pursued an acceptable distribution policy in relation to the accounting period, it shall be taken to be established immediately after the end of the period allowed for establishing an ADP in relation to that accounting period.
- (11) In this section, “*the period allowed for establishing an ADP*” means, in relation to an accounting period of a controlled foreign company, the period ending with the expiration of—
- (a) subject to paragraph (b) below, the period of eighteen months next following the end of the accounting period; or
- (b) if the Board have, in the case of the accounting period, allowed further time under paragraph 2(1)(b) of Schedule 25, the further time so allowed.
- (12) In this section any reference to a controlled foreign company pursuing an acceptable distribution policy in relation to an accounting period shall be construed in accordance with Part I of Schedule 25.
##### 754B
- (1) This section has effect where a determination requiring the Board’s sanction is made for any of the following purposes, that is to say—
- (a) the giving of a closure notice; or
- (b) the making of a discovery assessment.
- (2) If the closure notice or, as the case may be, notice of the discovery assessment is given to any person without—
- (a) the determination, so far as it is taken into account in the closure notice or the discovery assessment, having been approved by the Board, or
- (b) notification of the Board’s approval having been served on that person at or before the time of the giving of the notice,
the closure notice or, as the case may be, the discovery assessment shall be deemed to have been given or made (and in the case of an assessment notified) in the terms (if any) in which it would have been given or made had that determination not been taken into account.
- (3) A notification under subsection (2)(b) above—
- (a) must be in writing;
- (b) must state that the Board have given their approval on the basis that—
- (i) an amount of chargeable profits, and
- (ii) an amount of creditable tax (which may be nil),
for the accounting period of the controlled foreign company in question fall to be apportioned under section 747(3) to the person in question;
- (c) must state the amounts mentioned in sub-paragraphs (i) and (ii) of paragraph (b) above; and
- (d) subject to paragraphs (a) to (c) above, may be in such form as the Board may determine.
- (4) For the purposes of this section, the Board’s approval of a determination requiring their sanction—
- (a) must be given specifically in relation to the case in question and must apply to the amount determined; but
- (b) subject to that, may be given by the Board (either before or after the making of the determination) in any such form or manner as they may determine.
- (5) In this section references to a determination requiring the Board’s sanction are references (subject to subsection (6) below) to any determination of the amount of chargeable profits or creditable tax for an accounting period of a controlled foreign company which falls to be apportioned to a particular person under section 747(3).
- (6) For the purposes of this section, a determination shall be taken, in relation to a closure notice or a discovery assessment, not to be a determination requiring the Board’s sanction if—
- (a) an agreement about the relevant amounts has been made between an officer of the Board and the person in whose case it is made;
- (b) that agreement is in force at the time of the giving of the closure notice or, as the case may be, notice of the assessment; and
- (c) the matters to which the agreement relates include the amount determined.
- (7) In paragraph (a) of subsection (6) above, “*the relevant amounts*” means—
- (a) the amount of chargeable profits, and
- (b) the amount of creditable tax (which may be nil),
for the accounting period of the controlled foreign company in question which fall to be apportioned under section 747(3) to the person mentioned in that paragraph.
- (8) For the purposes of subsection (6) above an agreement made between an officer of the Board and any person (“the taxpayer") in relation to any matter shall be taken to be in force at any time if, and only if—
- (a) the agreement is one which has been made or confirmed in writing;
- (b) that time is after the end of the period of thirty days beginning—
- (i) in the case of an agreement made in writing, with the day of the making of the agreement, and
- (ii) in any other case, with the day of the agreement’s confirmation in writing; and
- (c) the taxpayer has not, before the end of that period of thirty days, served a notice on an officer of the Board stating that he is repudiating or resiling from the agreement.
- (9) The references in subsection (8) above to the confirmation in writing of an agreement are references to the service on the taxpayer by an officer of the Board of a notice—
- (a) stating that the agreement has been made; and
- (b) setting out the terms of the agreement.
- (10) The matters that may be questioned on so much of any appeal by virtue of any provision of the Management Act or Schedule 18 to the Finance Act 1998 (company tax returns, assessments and related matters) as relates to a determination the making of which has been approved by the Board for the purposes of this section shall not include the Board’s approval, except to the extent that the grounds for questioning the approval are the same as the grounds for questioning the determination itself.
- (11) In this section—
- “*closure notice*” means a notice under paragraph 32 of Schedule 18 to the Finance Act 1998 (completion of enquiry and statement of conclusions);
- “*discovery assessment*” means a discovery assessment or discovery determination under paragraph 41 of that Schedule (including an assessment by virtue of paragraph 52 of that Schedule).
##### 755A
- (1) This section applies in any case where—
- (a) an amount (“the apportioned profit") of a controlled foreign company’s chargeable profits for an accounting period falls to be apportioned under section 747(3) to a company resident in the United Kingdom (“the UK company");
- (b) the UK company carries on life assurance business in that one of its accounting periods (“the relevant accounting period") in which ends the accounting period of the controlled foreign company; and
- (c) the property or rights which represent the UK company’s relevant interest in the controlled foreign company constitute to any extent assets of the UK company’s long-term insurance fund.
- (2) Subsections (3) and (4) below apply if, in the case of the relevant accounting period, the UK company is charged to tax under the I minus E basis in respect of life assurance business.
- (3) Where this subsection applies, the “*appropriate rate*” for the purposes of section 747(4)(a) and paragraph 1 of Schedule 26 in relation to the policy holders’ part of any BLAGAB apportioned profit shall be—
- (a) if a single rate of tax under section 88(1) of the Finance Act 1989 (lower corporation tax rate on certain insurance company profits) is applicable in relation to the relevant accounting period, that rate; or
- (b) if more than one such rate of tax is applicable in relation to the relevant accounting period, the average of those rates over the whole of that period.
- (4) Where this subsection applies, the “*appropriate rate*” for the purposes of section 747(4)(a) and paragraph 1 of Schedule 26 shall be nil in relation to so much of the apportioned profit as is referable to gross roll-up business carried on by the UK company.
- (4A) In any case where—
- (a) paragraph 4 of Schedule 26 to this Act applies to a dividend received by the UK company, and
- (b) but for this subsection, subsection (4) of section 804B of this Act would apply to that dividend,
the amount of credit for foreign tax in respect of that dividend shall be treated, for the purposes of that section, as wholly attributable to basic life assurance and general annuity business.
- (5) If, in the case of the relevant accounting period, the UK company is charged to tax under Case I of Schedule D in respect of its profits from life assurance business, the “*appropriate rate*” for the purposes of—
- (a) section 747(4)(a), and
- (b) paragraph 1 of Schedule 26,
shall be nil in relation to so much of the apportioned profit as is referable to the UK company’s relevant interest so far as represented by assets of its long-term insurance fund.
- (6) If, in the case of the relevant accounting period,—
- (a) the UK company is charged to tax under the I minus E basis in respect of life assurance business,
- (b) any creditable tax of the controlled foreign company falls to be apportioned to the UK company, and
- (c) the apportioned profit is to any extent referable to gross roll-up business,
so much of the creditable tax so apportioned as is attributable to the apportioned profit so far as so referable shall be left out of account for the purposes of this Chapter, other than section 747(3) and this section, and shall be treated as extinguished.
- (7) If, in the case of the relevant accounting period,—
- (a) the UK company is charged to tax under Case I of Schedule D in respect of its profits from life assurance business, and
- (b) any creditable tax of the controlled foreign company falls to be apportioned to the UK company,
so much of the creditable tax so apportioned as is attributable to so much of the apportioned profit as is referable to the UK company’s relevant interest so far as represented by assets of the UK company’s long-term insurance fund shall be left out of account for the purposes of this Chapter, other than section 747(3) and this section, and shall be treated as extinguished.
- (8) Any set off under paragraph 1 . . . of Schedule 26 against the UK company’s liability to tax under section 747(4)(a) in respect of the apportioned profit shall be made against only so much of that liability as is attributable to the eligible part of the apportioned profit.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) For the purposes of this section, the “eligible part" of the apportioned profit is any BLAGAB apportioned profit, other than the policy holders’ part.
- (11) For the purposes of this section the policy holders' part of any BLAGAB apportioned profit is—
- (a) where subsection (11A) below applies, the whole of that profit, and
- (b) in any other case, the relevant fraction (within the meaning of subsection (11B) below) of that profit.
- (11A) This subsection applies if—
- (a) the UK company’s life assurance business is mutual business,
- (b) the policy holders' share of the UK company’s relevant profits for the relevant accounting period is equal to all those profits, or
- (c) the policy holders' share of the UK company’s relevant profits for the relevant accounting period is more than its BLAGAB profits for that period.
- (11B) The relevant fraction for the purposes of subsection (11)(b) above is the fraction arrived at by dividing—
- (a) the policy holders' share of the UK company’s relevant profits for the relevant accounting period, by
- (b) the UK company’s BLAGAB profits for that period.
- (11BA) But where the BLAGAB profits for the relevant accounting period are nil, the relevant fraction—
- (a) if there are Case I profits of the accounting period in respect of its life assurance business, is nil, and
- (b) otherwise, is such fraction as is just and reasonable;
and for this purpose there are Case I profits if there are profits computed in accordance with the provisions applicable to Case I of Schedule D after making adjustments in respect of losses in accordance with section 85A(4) of the Finance Act 1989.
- (11C) In subsections (11A) and (11B) above—
- (a) references to the policy holders' share of the UK company’s share of the relevant profits are to be construed in accordance with sections 88(3) and 89 of the Finance Act 1989, . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) In this section—
- “*BLAGAB apportioned profit*” means so much of the apportioned profit as is referable to basic life assurance and general annuity business carried on by the UK company;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) For the purposes of this section, the part of the apportioned profit which is referable to—
- (a) basic life assurance and general annuity business, or
- (ba) gross roll-up business,
carried on by the UK company is the part which would have been so referable under section 432A had the apportioned profit been a dividend paid to the UK company at the end of the accounting period mentioned in subsection (1)(a) above in respect of the property or rights which represent the UK company’s relevant interest in the controlled foreign company.
- (14) For the purposes of this section, any attribution of creditable tax to a particular part of the apportioned profit shall be made in the proportion which that part of the apportioned profit bears to the whole of the apportioned profit.
##### 755B
- (1) This section applies where—
- (a) a controlled foreign company carries on general insurance business in an accounting period;
- (b) an amount of the company’s chargeable profits, and an amount of its creditable tax (if any), for that accounting period falls to be apportioned under section 747(3) to a company resident in the United Kingdom (“the UK company");
- (c) the UK company delivers a company tax return for that one of its accounting periods in which the controlled foreign company’s accounting period ends; and
- (d) in making or amending the return, the UK company has regard to accounts of the controlled foreign company drawn up using a method falling within subsection (2) below.
- (2) The methods which fall within this subsection are—
- (a) the method described in paragraph 52 of Schedule 9A to the Companies Act 1985 (which provides for a technical provision to be made in the accounts which is later replaced by a provision for estimated claims outstanding); and
- (b) any method which would have fallen within paragraph (a) above, had final replacement of the technical provision, as described in sub-paragraph (4) of paragraph 52 of that Schedule, taken place, and been required to take place, no later than the end of the year referred to in that sub-paragraph as the third year following the underwriting year.
- (3) Where this section applies—
- (a) the UK company may make any amendments of its company tax return arising from the replacement of the technical provision in the controlled foreign company’s accounts at any time within twelve months from the date on which the provision was replaced; and
- (b) notice of intention to enquire into the return under paragraph 24 of Schedule 18 to the Finance Act 1998 may be given at any time up to two years from that date (or at any later time in accordance with the general rule in sub-paragraph (3) of that paragraph).
- (4) If, in a case where this section applies, the accounts of the controlled foreign company are drawn up using a method falling within paragraph (b) of subsection (2) above—
- (a) the controlled foreign company, and
- (b) any person with an interest in the controlled foreign company,
shall be treated for the purposes of this section as if final replacement of the technical provision, as described in sub-paragraph (4) of paragraph 52 of Schedule 9A to the Companies Act 1985, had taken place at, and been required to take place no later than, the end of the year referred to in that sub-paragraph as the third year following the underwriting year.
- (5) Regulations under section 755C may make provision with respect to the determination of the amount of the provision by which the technical provision is to be treated as replaced in cases falling within subsection (4) above.
- (6) In this section “general insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
##### 755C
- (1) The Treasury may by regulations provide for the provisions of this Chapter to have effect with prescribed modifications in any case where a non-resident company—
- (a) carries on general insurance business; and
- (b) draws up accounts relating to that business using a method falling within subsection (2) of section 755B.
- (2) Regulations under subsection (1) above may—
- (a) make different provision for different cases;
- (b) make provision having effect in relation to accounting periods of non-resident companies ending not more than one year before the date on which the regulations are made; and
- (c) contain such supplementary, incidental, consequential and transitional provision as the Treasury may think fit.
- (3) In this section—
- “*general insurance business*” has the same meaning as in section 755B;
- “*non-resident company*” means a company resident outside the United Kingdom;
- “*prescribed*” means prescribed in regulations under this section.
##### 755D
- (1) For the purposes of this Chapter “control", in relation to a company, means the power of a person to secure—
- (a) by means of the holding of shares or the possession of voting power in or in relation to the company or any other company, or
- (b) by virtue of any powers conferred by the articles of association or other document regulating the company or any other company,
that the affairs of the company are conducted in accordance with his wishes.
- (1A) For the purposes of this Chapter a person also controls a company if the person possesses, or is entitled to acquire, such rights as would—
- (a) if the whole of the income of the company were distributed, entitle the person to receive the greater part of the amount so distributed,
- (b) if the whole of the company's share capital were disposed of, entitle the person to receive the greater part of the proceeds of the disposal, or
- (c) in the event of the winding-up of the company or in any other circumstances, entitle the person to receive the greater part of the assets of the company which would then be available for distribution.
- (2) Where two or more persons, taken together, have the power mentioned in subsection (1) above or satisfy subsection (1A) above, they shall be taken for the purposes of this Chapter to control the company.
- (3) The 40 per cent test in this subsection is satisfied in the case of one of two persons who, taken together, control a company if that one of them has interests, rights and powers representing at least 40 per cent of the holdings, rights and powers in respect of which the pair of them fall to be taken as controlling the company.
- (4) The 40 per cent test in this subsection is satisfied in the case of one of two persons who, taken together, control a company if that one of them has interests, rights and powers representing—
- (a) at least 40 per cent, but
- (b) not more than 55 per cent,
of the holdings, rights and powers in respect of which the pair of them fall to be taken as controlling the company.
- (5) For the purposes of this Chapter any question—
- (a) whether a company is controlled by a person, or by two or more persons taken together, or
- (b) whether, in the case of any company, the applicable 40 per cent test is satisfied in the case of each of two persons who, taken together, control the company,
shall be determined after attributing to each of the persons all the rights and powers mentioned in subsection (6) below that are not already attributed to that person for the purposes of subsections (1) to (4) above.
- (6) The rights and powers referred to in subsection (5) above are—
- (a) rights and powers which the person is entitled to acquire at a future date or which he will, at a future date, become entitled to acquire;
- (b) rights and powers of other persons, to the extent that they are rights or powers falling within subsection (7) below;
- (c) if the person is resident in the United Kingdom, rights and powers of any person who is resident in the United Kingdom and connected with the person; and
- (d) if the person is resident in the United Kingdom, rights and powers which for the purposes of subsection (5) above would be attributed to a person who is resident in the United Kingdom and connected with the person (a “*UK connected person*”) if the UK connected person were himself the person.
- (7) Rights and powers fall within this subsection to the extent that they—
- (a) are required, or may be required, to be exercised in any one or more of the following ways, that is to say—
- (i) on behalf of the person;
- (ii) under the direction of the person; or
- (iii) for the benefit of the person; and
- (b) are not confined, in a case where a loan has been made by one person to another, to rights and powers conferred in relation to property of the borrower by the terms of any security relating to the loan.
- (8) In subsections (6)(b) to (d) and (7) above, the references to a person’s rights and powers include references to any rights or powers which he either—
- (a) is entitled to acquire at a future date, or
- (b) will, at a future date, become entitled to acquire.
- (9) In paragraph (d) of subsection (6) above, the reference to rights and powers which would be attributed to a UK connected person if he were the person includes a reference to rights and powers which, by applying that paragraph wherever one person resident in the United Kingdom is connected with another person, would be so attributed to him through a number of persons each of whom is resident in the United Kingdom and connected with at least one of the others.
- (10) In determining for the purposes of this section whether one person is connected with another in relation to a company, subsection (7) of section 839 shall be disregarded.
- (11) References in this section—
- (a) to rights and powers of a person, or
- (b) to rights and powers which a person is or will become entitled to acquire,
include references to rights or powers which are exercisable by that person, or (when acquired by that person) will be exercisable, only jointly with one or more other persons.
### Meaning of offshore fund
#### Reduction in chargeable profits for certain financing income
##### 756A
- (1) In this Chapter references to an offshore fund are to a collective investment scheme constituted by—
- (a) a company that is resident outside the United Kingdom, or
- (b) a unit trust scheme the trustees of which are not resident in the United Kingdom, or
- (c) arrangements not falling within paragraph (a) or (b) taking effect by virtue of the law of a territory outside the United Kingdom and which under that law create rights in the nature of co-ownership (without restricting that expression to its meaning in the law of any part of the United Kingdom).
- (2) Subsection (1) has effect subject to—
- section 756B (treatment of umbrella funds), and
- section 756C (treatment of funds comprising more than one class of interest).
- (3) In this section “*collective investment scheme*” means any arrangements which are a collective investment scheme for the purposes of Part 17 of the Financial Services and Markets Act 2000 (see section 235 of that Act and orders made under subsection (5) of that section) or would be if the words “, within a period appearing to him to be reasonable,” were omitted from section 236(3)(a) of that Act.
- (4) But the reference to offshore funds in section 760(3)(a) does not include any arrangements which are not a collective investment scheme for the purposes of that Part of that Act.
### Treatment of umbrella funds
##### 756B
- (1) In this Chapter, an “*umbrella fund*” means an offshore fund—
- (a) which provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are made to them; and
- (b) under which the participants are entitled to exchange rights in one pool for rights in another;
and references in this Chapter to a part of an umbrella fund are to such of the arrangements as relate to a separate pool.
- (2) For the purposes of this Chapter (except subsection (1))—
- (a) each part of an umbrella fund shall be regarded as a separate offshore fund, and
- (b) the umbrella fund as a whole shall not be regarded as an offshore fund.
- (3) In this Chapter, in relation to a part of an umbrella fund—
- (a) a reference to the assets of an offshore fund is to such of the assets of the umbrella fund as under the arrangements form part of the separate pool to which that part of the umbrella fund relates;
- (b) a reference to the income of an offshore fund is to the income arising from those assets;
- (c) a reference to a person having an interest in an offshore fund is to a person for the time being having an interest in that separate pool; and
- (d) a reference to an offshore fund being a non-qualifying fund shall be read in relation to times before the coming into force of this section as a reference to the umbrella fund being a non-qualifying fund.
### Treatment of funds comprising more than one class of interest
##### 756C
- (1) For the purposes of this Chapter where there is more than one class of interest in an offshore fund (the “*main fund*”)—
- (a) each class of interest shall be regarded as a separate offshore fund, and
- (b) the main fund shall not be regarded as an offshore fund.
- (2) In this section, references to a class of interest in an offshore fund do not include—
- (a) a part of an umbrella fund which is regarded as an offshore fund by virtue of section 756B, or
- (b) a class of interest in an offshore fund which by virtue of section 759(5), (6) or (8) is not a material interest in the fund.
- (3) In this Chapter, in relation to a class of interest in an offshore fund—
- (a) a reference to the assets of an offshore fund is to the assets of the main fund;
- (b) a reference to the income of an offshore fund is to such of the income of the main fund as is attributable to interests of that class under the arrangements constituting the main fund;
- (c) a reference to a person having an interest in an offshore fund is to a person for the time being having an interest of that class; and
- (d) a reference to an offshore fund being a non-qualifying fund shall be read in relation to times before the coming into force of this section as a reference to the main fund being a non-qualifying fund.
#### Reduction in chargeable profits: failure to qualify for exemptions
##### 762ZA
- (1) Chapter 2 of Part 13 of ITA 2007 (transfer of assets abroad) applies in relation to an offshore income gain arising to a person resident or domiciled outside the United Kingdom as if the offshore income gain were income becoming payable to the person.
- (2) Income treated as arising under that Chapter by virtue of subsection (1) is regarded as “*foreign*” for the purposes of section 726, 730 or 735 of that Act.
- (3) Subsection (1) does not apply in relation to an offshore income gain if (and to the extent that) it is treated, by virtue of section 762(1), as arising to a person resident or ordinarily resident in the United Kingdom.
- (4) The following provisions apply if section 762(2) applies in relation to an offshore income gain (“the relevant offshore income gain”).
- (5) If—
- (a) by virtue of section 762(3) an offshore income gain is treated as arising in a tax year to a person resident or ordinarily resident in the United Kingdom, and
- (b) it is so treated by reason of the relevant offshore income gain (or part of it),
for that and subsequent tax years subsection (1) does not apply in relation to the relevant offshore income gain (or that part).
- (6) If, by virtue of subsection (1) as it applies in relation to the relevant offshore income gain, income is treated under Chapter 2 of Part 13 of ITA 2007 as arising in a tax year, reduce (with effect from the following tax year) the OIG amount in question by the amount of the income.
##### 762ZB
- (1) This section applies to income treated as arising under section 761(1) to an individual in a tax year if—
- (a) section 809B, 809D or 809E of ITA 2007 (remittance basis) applies to the individual for that year, and
- (b) the individual is not domiciled in the United Kingdom in that year.
- (2) Treat the income as relevant foreign income of the individual.
- (3) For the purposes of Chapter A1 of Part 14 of ITA 2007 (remittance basis)—
- (a) treat any consideration obtained on the disposal of the asset as deriving from the income, and
- (b) unless the consideration so obtained is of an amount equal to the market value of the asset, treat the asset as deriving from the income.
- (4) In subsection (3)—
- (a) “*the asset*” means the asset the disposal of which causes the income to be treated as arising, and
- (b) “*the disposal*” means the disposal mentioned in paragraph (a).
##### 762A
- (1) This section applies where—
- (a) classes of interest in an offshore fund (the “*main fund*”) are treated as separate offshore funds under section 756C; and
- (b) as the result of—
- (i) a reorganisation within the meaning of section 126 of the 1992 Act, or
- (ii) a conversion of securities within the meaning of section 132 of that Act,
a person exchanges an interest of one class (A) in the main fund for an interest of another class (B) in that fund.
- (2) Where—
- (a) the interest of class A—
- (i) is at the time of the exchange an interest in a non-qualifying offshore fund, or
- (ii) has been an interest in such a fund at any material time, and
- (b) the interest of class B is at the time of the exchange an interest in a fund which is certified by the Board as a distributing offshore fund,
section 127 of the 1992 Act (equation of original shares and new holding) shall not prevent the exchange constituting a disposal for the purposes of this Chapter.
- (3) Any such disposal shall be treated as a disposal for a consideration equal to the market value of the rights at the time of the exchange.
- (4) In this section—
- “*class of interest*” has the same meaning as in section 756C(1);
- “*material time*” has the same meaning as in section 757.
##### 765A
- (1) Section 765(1) shall not apply to a transaction which is a movement of capital to which Article 1 of the Directive of the Council of the European Communities dated 24th June 1988 No. [88/361/EEC](https://www.legislation.gov.uk/european/directive/1988/0361) applies.
- (2) Where if that Article did not apply to it a transaction would be unlawful under section 765(1), the body corporate in question (that is to say, the body corporate resident in the United Kingdom) shall—
- (a) give to the Board within six months of the carrying out of the transaction such information relating to the transaction, or to persons connected with the transaction, as regulations made by the Board may require, and
- (b) where notice is given to the body corporate by the Board, give to the Board within such period as is prescribed by regulations made by the Board (or such longer period as the Board may in the case allow) such further particulars relating to the transaction, to related transactions, or to persons connected with the transaction or related transactions, as the Board may require.
#### Section 751A: supplementary
##### 767A
- (1) Where it appears to the Board that—
- (a) there has been a change in the ownership of a company (“*the tax-payer company*”),
- (b) any corporation tax assessed on the tax-payer company for an accounting period beginning before the change remains unpaid at any time after the relevant date, and
- (c) any of the three conditions mentioned below is fulfilled,
any person mentioned in subsection (2) below may be assessed by the Board and charged (in the name of the tax-payer company) to an amount of corporation tax in accordance with this section.
- (2) The persons are—
- (a) any person who at any time during the relevant period before the change in the ownership of the tax-payer company had control of it;
- (b) any company of which the person mentioned in paragraph (a) above has at any time had control within the period of three years before that change.
- (3) In subsection (2) above, “*the relevant period*” means—
- (a) the period of three years before the change in the ownership of the tax-payer company; or
- (b) if during the period of three years before that change (“*the later change*”) there was a change in the ownership of the tax-payer company (“*the earlier change*”), the period elapsing between the earlier change and the later change.
- (4) The first condition is that—
- (a) at any time during the period of three years before the change in the ownership of the tax-payer company the activities of a trade or business of that company cease or the scale of those activities become small or negligible; and
- (b) there is no significant revival of those activities before that change occurs.
- (5) The second condition is that at any time after the change in the ownership of the tax-payer company, but under arrangements made before that change, the activities of a trade or business of that company cease or the scale of those activities become small or negligible.
- (6) The third condition is that—
- (a) at any time during the period of six years beginning three years before the change in the ownership of the tax-payer company there is a major change in the nature or conduct of a trade or business of that company;
- (b) there is a transfer or there are transfers of assets of the tax-payer company to a person mentioned in subsection (7) below or to any person under arrangements which enable any of those assets or any assets representing those assets to be transferred to a person mentioned in subsection (7) below;
- (c) that transfer occurs or those transfers occur during the period of three years before the change in the ownership of the tax-payer company or after that change but under arrangements made before that change; and
- (d) the major change mentioned in paragraph (a) above is attributable to that transfer or those transfers.
- (7) The persons are—
- (a) any person mentioned in subsection (2)(a) above; and
- (b) any person connected with him.
- (8) The amount of tax charged in an assessment made under this section must not exceed the amount of the tax which, at the time of that assessment, remains unpaid by the tax-payer company.
- (9) For the purposes of this section the relevant date is the date six months from the date on which the corporation tax is assessed as mentioned in subsection (1)(b) above.
- (10) Any assessment made under this section shall not be out of time if made within three years from the date on which the liability of the tax-payer company to corporation tax for the accounting period mentioned in subsection (1)(b) above is finally determined.
##### 767AA
- (1) Where it appears to the Board that—
- (a) there has been a change in the ownership of a company (“the transferred company"),
- (b) any corporation tax relating to an accounting period ending on or after the change has been assessed on the transferred company or an associated company,
- (c) that tax remains unpaid at any time more than six months after it was assessed, and
- (d) the condition set out in subsection (2) below is fulfilled,
any person mentioned in subsection (4) below may be assessed by the Board and charged to an amount of corporation tax not exceeding the amount remaining unpaid.
- (2) The condition is that it would be reasonable (apart from this section) to infer, from either or both of—
- (a) the terms of any transactions entered into in connection with the change, and
- (b) the other circumstances of the change and of any such transactions,
that at least one of those transactions was entered into by one or more of its parties on the assumption, as regards a potential tax liability, that that liability would be unlikely to be met, or met in full, if it were to arise.
- (3) In subsection (2) above the reference to a potential tax liability is a reference to a liability to pay corporation tax which—
- (a) in circumstances which were reasonably foreseeable at the time of the change in ownership, or
- (b) in circumstances the occurrence of which is something of which there was at that time a reasonably foreseeable risk,
would or might arise from an assessment made, after the change in ownership, on the transferred company or an associated company (whether or not a particular associated company).
- (4) The persons mentioned in subsection (1) above are—
- (a) any person who at any time during the relevant period had control of the transferred company;
- (b) any company of which the person mentioned in paragraph (a) above has at any time had control within the period of three years before the change in the ownership of the transferred company.
- (5) In subsection (4) above, “*the relevant period*” means—
- (a) the period of three years before the change in the ownership of the transferred company; or
- (b) if during the period of three years before that change (“the later change") there was a change in the ownership of the transferred company (“the earlier change"), the period elapsing between the earlier change and the later change.
- (6) For the purposes of this section a transaction is entered into in connection with a change in the ownership of a company if—
- (a) it is the transaction, or one of the transactions, by which that change is effected; or
- (b) it is entered into as part of a series of transactions, or scheme, of which transactions effecting the change in ownership have formed or will form a part.
- (7) For the purposes of this section—
- (a) references to a scheme are references to any scheme, arrangements or understanding of any kind whatever, whether or not legally enforceable, involving a single transaction or two or more transactions;
- (b) it shall be immaterial in determining whether any transactions have formed or will form part of a series of transactions or scheme that the parties to any of the transactions are different from the parties to another of the transactions; and
- (c) the cases in which any two or more transactions are to be taken as forming part of a series of transactions or scheme shall include any case in which it would be reasonable to assume that one or more of them—
- (i) would not have been entered into independently of the other or others; or
- (ii) if entered into independently of the other or others, would not have taken the same form or been on the same terms.
- (8) In this section references, in relation to the transferred company and an assessment to tax, to an associated company are references to any compnay (whenever formed) which, at the time of the assessment or at an earlier time after the change in ownership—
- (a) has control of the transferred company;
- (b) is a company of which the transferred company has control; or
- (c) is a company under the control of the same person or persons as the transferred company.
- (9) A person assessed and charged to tax under this section shall be assessed and charged in the name of the company by whom the tax to which the assessment relates remains unpaid.
- (10) Any assessment made under this section shall not be out of time if made within three years from the date of the final determination of the liability of the company by whom the tax remains unpaid to corporation tax for the accounting period for which that tax was assessed.
##### 767B
- (1) In relation to corporation tax assessed under section 767A—
- (a) section 86 of the Management Act (interest on overdue tax), in so far as it has effect in relation to accounting periods ending on or before 30th September 1993, and
- (b) section 87A of that Act (corresponding provision for corporation tax due for accounting periods ending after that date),
shall have effect as if the references in section 86 to the reckonable date and in section 87A to the date when the tax becomes due and payable were, respectively, references to the date which is the reckonable date in relation to the tax-payer company and the date when the tax became due and payable by the tax-payer company.
- (1A) In relation to corporation tax assessed under section 767AA, section 87A of the Management Act shall have effect as if the references to the date when the tax becomes due and payable were references to the date when the tax became due and payable by the transferred company or the associated company (as the case may be).
- (2) A payment in pursuance of an assessment under section 767A or 767AA shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes; but any person making such a payment shall be entitled to recover an amount equal to the payment from the tax-payer company or the transferred company or associated company (as the case may be).
- (3) In subsection (2) above the reference to a payment in pursuance of an assessment includes a reference to a payment of interest under section 86 or 87A of the Management Act (as they have effect by virtue of subsection (1) above).
- (4) For the purposes of sections 767A, 767AA and 767C, “*control*”, in relation to a company, shall be construed in accordance with section 416 as modified by subsections (5) and (6) below.
- (5) In subsection (2)(a) for “the greater part of” there shall be substituted “50 per cent. of”.
- (6) For subsection (3) there shall be substituted—
- (”) Where two or more persons together satisfy any of the conditions in subsection (2) above and do so by reason of having acted together to put themselves in a position where they will in fact satisfy the condition in question, each of those persons shall be treated as having control of the company.”
- (7) In section 767A(6) “*a major change in the nature or conduct of a trade or business*” includes any change mentioned in any of paragraphs (a) to (d) of section 245(4); and also includes a change falling within any of those paragraphs which is achieved gradually as the result of a series of transfers.
- (8) In section 767A(6) “*transfer*”, in relation to an asset, includes any disposal, letting or hiring of it, and any grant or transfer of any right, interest or licence in or over it, or the giving of any business facilities with respect to it.
- (9) Section 839 shall apply for the purposes of section 767A(7).
- (10) Subsection (9) of section 768 shall apply for the purposes of sections 767A and 767AA as it applies for the purposes of section 768.
##### 767C
- (1) This section applies where it appears to the Board that—
- (a) there has been a change in the ownership of a company (“the subject company"); and
- (b) in connection with that change a person (“the seller") may be or become liable to be assessed and charged to corporation tax under section 767A or 767AA.
- (2) The Board may by notice require any person to supply to them—
- (a) any document in the person’s possession or power which appears to the Board to be relevant for determining any one or more of the matters referred to in subsection (3) below; or
- (b) any particulars which appear to them to be so relevant.
- (3) Those matters are—
- (a) whether the seller is or may become liable as mentioned in subsection (1) above and the extent of the liability or potential liability; and
- (b) whether the subject company or an associated company is or may become liable to be assessed to any tax in respect of which the seller is or could become liable as mentioned in subsection (1) above, and the extent of the liability or potential liability of the subject company or associated company.
- (4) Without prejudice to the following provisions of this section, the references in subsection (2) above to documents and particulars are references to the documents and particulars specified or described in the notice.
- (5) A notice under subsection (2) above must specify the period, which must not be less than 30 days, within which the notice must be complied with.
- (6) Any person to whom any documents are supplied under this section may take copies of them or of any extracts from them.
- (7) A notice under subsection (2) above shall not oblige a person to supply any documents or particulars relating to the conduct of any pending appeal relating to tax.
- (8) In relation to any notice under subsection (2) above—
- (a) subsection (4) of section 20B of the Taxes Management Act 1970 (rules relating to copies of documents) shall apply as it applies in relation to a notice under section 20(1) of that Act; and
- (b) subsections (8) to (14) of section 20B of that Act (rules about obtaining documents etc. from professional advisers) shall apply as they apply in relation to a notice under section 20(3) of that Act but as if any reference to an inspector were a reference to the Board;
and subsection (8C) of section 20 of that Act (exclusion of personal records and journalistic material) shall apply for the purposes of this section as it applies for the purposes of that section.
- (9) In this section references, in relation to the subject company and an assessment to tax, to an associated company are references to any company which, at the time of the assessment or at an earlier time after the change in ownership—
- (a) has control of the subject company;
- (b) is a company of which the subject company has control; or
- (c) is a company under the control of the same person or persons as the subject company.
- (10) In this section “*document*” means anything in which information of any description is recorded.
##### 768A
- (1) In any case where—
- (a) within any period of three years there is both a change in the ownership of a company and (either earlier or later in that period, or at the same time) a major change in the nature or conduct of a trade carried on by the company, or
- (b) at any time after the scale of the activities in a trade carried on by a company has become small or negligible, and before any considerable revival of the trade, there is a change in the ownership of the company,
no relief shall be given under section 393A(1) or 393B(3) by setting a loss incurred by the company in an accounting period ending after the change in ownership against any profits of an accounting period beginning before the change in ownership.
- (2) Subsections (2) to (4), (8) and (9) of section 768 shall apply for the purposes of this section as they apply for the purposes of that section.
- (3) This section applies in relation to changes in ownership occurring on or after 14th June 1991.
##### 768B
- (1) This section applies where there is a change in the ownership of a company with investment business and—
- (a) after the change there is a significant increase in the amount of the company’s capital; or
- (b) within the period of six years beginning three years before the change there is a major change in the nature or conduct of the business carried on by the company; or
- (c) the change in the ownership occurs at any time after the scale of the activities in the business carried on by the company has become small or negligible and before any considerable revival of the business.
- (2) For the purposes of subsection (1)(a) above, whether there is a significant increase in the amount of a company’s capital after a change in the ownership of the company shall be determined in accordance with the provisions of Part I of Schedule 28A.
- (3) In paragraph (b) of subsection (1) above “*major change in the nature or conduct of a business*” includes a major change in the nature of the investments held by the company, even if the change is the result of a gradual process which began before the period of six years mentioned in that paragraph.
- (4) For the purposes of this section—
- (a) the accounting period of the company in which the change in the ownership occurs shall be divided into two parts, the first the part ending with the change, the second the part after;
- (b) those parts shall be treated as two separate accounting periods; and
- (c) the amounts in issue for the accounting period being divided shall be apportioned to those parts.
- (5) In Schedule 28A—
- (a) Part II shall have effect for identifying the amounts in issue for the accounting period being divided; and
- (b) Part III shall have effect for the purpose of apportioning those amounts to the parts of that accounting period.
- (6) Any sums which—
- (a) are, or are treated as, expenses of management referable to the accounting period being divided, and
- (b) under Part III of Schedule 28A are apportioned to either part of that period,
shall be treated for the purposes of section 75 expenses of management referable to that part.
- (7) Any charges which under Part III of Schedule 28A are apportioned to either part of the accounting period being divided shall be treated for the purposes of sections 338 and 75 as paid in that part.
- (8) Any allowances which under Part III of Schedule 28A are apportioned to either part of the accounting period being divided shall be treated for the purposes of section 253 of the Capital Allowances Act and section 75(7) as falling to be made in that part.
- (9) In computing the total profits of the company for an accounting period ending after the change in the ownership, no deduction shall be made under section 75 by reference to—
- (a) expenses of management deductible or allowances falling to be made for an accounting period beginning before the change; or
- (b) charges paid in such an accounting period.
- (10) Part IV of Schedule 28A shall have effect for the purpose of restricting, in a case where this section applies, the debits and non-trading deficits to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) in respect of the company’s loan relationships (including debits so brought into account by virtue of paragraph 14(3)of Schedule 26 to the Finance Act 2002).
- (12) Subject to the modification in subsection (13) below, subsections (6) to (9) of section 768 shall apply for the purposes of this section as they apply for the purposes of that section.
- (13) The modification is that in subsection (6) of section 768 for the words “relief in respect of a company’s losses has been restricted” there shall be substituted “deductions from a company’s total profits , or the debits to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in the case of a company in respect of its loan relationships (or its derivative contracts by virtue of paragraph 14(3) of Schedule 26 to the Finance Act 2002), have been restricted.”
- (14) In this section “*company with investment business*” has the same meaning as in Part IV.
##### 768C
- (1) This section applies where—
- (a) there is a change in the ownership of a company with investment business (“the relevant company”);
- (b) none of paragraphs (a) to (c) of section 768B(1) applies;
- (c) after the change in the ownership the relevant company acquires an asset from another company in circumstances such that section 171(1) of the 1992 Act applies to the acquisition; and
- (d) a chargeable gain (“a relevant gain”) accrues to the relevant company on a disposal of the asset within the period of three years beginning with the change in the ownership.
- (2) For the purposes of subsection (1)(d) above an asset acquired by the relevant company as mentioned in subsection (1)(c) above shall be treated as the same as an asset owned at a later time by that company if the value of the second asset is derived in whole or in part from the first asset, and in particular where the second asset is a freehold and the first asset was a leasehold and the lessee has acquired the reversion.
- (3) For the purposes of this section—
- (a) the accounting period of the relevant company in which the change in the ownership occurs shall be divided into two parts, the first the part ending with the change, the second the part after;
- (b) those parts shall be treated as two separate accounting periods; and
- (c) the amounts in issue for the accounting period being divided shall be apportioned to those parts.
- (4) In Schedule 28A—
- (a) Part V shall have effect for identifying the amounts in issue for the accounting period being divided; and
- (b) Part VI shall have effect for the purpose of apportioning those amounts to the parts of that accounting period.
- (5) Subsections (6) to (8) of section 768B shall apply in relation to the relevant company as they apply in relation to the company mentioned in subsection (1) of that section except that any reference in those subsections to Part III of Schedule 28A shall be read as a reference to Part VI of that Schedule.
- (6) Subsections (7) and (9) below apply only where, in accordance with the relevant provisions of the 1992 Act and Part VI of Schedule 28A, an amount is included in respect of chargeable gains in the total profits for the accounting period of the relevant company in which the relevant gain accrues.
- (7) In computing the total profits of the relevant company for the accounting period in which the relevant gain accrues, no deduction shall be made under section 75 by reference to—
- (a) expenses of management deductible or allowances falling to be made for an accounting period of the relevant company beginning before the change in ownership, or
- (b) charges paid in such an accounting period,
from an amount of the total profits equal to the amount which represents the relevant gain.
- (8) For the purposes of this section, the amount of the total profits for an accounting period which represents the relevant gain is—
- (a) where the amount of the relevant gain does not exceed the amount which is included in respect of chargeable gains for that period, an amount equal to the amount of the relevant gain;
- (b) where the amount of the relevant gain exceeds the amount which is included in respect of chargeable gains for that period, the amount so included.
- (9) Part IV of Schedule 28A shall have effect for the purpose of restricting, in a case where this section applies, the debits and non-trading deficits to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) in respect of the relevant company’s loan relationships (including debits so brought into account by virtue of paragraph 14(3) of Schedule 26 to the Finance Act 2002).
- (11) Subsections (8) and (9) of section 768 shall apply for the purposes of this section as they apply for the purposes of that section.
- (12) In this section—
- “*the relevant provisions of the 1992 Act*” means section 8(1) of and Schedule 7A to that Act; and
- “*company with investment business*” has the same meaning as in Part 4.
- (13) This section applies in relation to an asset to which Schedule 29 to the Finance Act 2002 applies (intangible fixed assets), with the following adaptations—
- (a) for the reference to section 171(1) of the 1992 Act substitute a reference to paragraph 55 of that Schedule;
- (b) for any reference to a chargeable gain under that Act substitute a reference to a chargeable realisation gain within the meaning of that Schedule that is a credit within paragraph 34(1)(a) of that Schedule (non-trading credits);
- (c) for any reference to a disposal of the asset substitute a reference to its realisation within the meaning of that Schedule;
- (d) for the reference to the relevant provisions of the 1992 Act substitute a reference to Part 6 of that Schedule.
##### 768D
- (1) This section applies where there is a change in the ownership of a company carrying on a Schedule A business and—
- (a) in the case of a company with investment business, either—
- (i) paragraph (a), (b) or (c) of section 768B(1) applies, or
- (ii) section 768C applies;
- (b) in the case of a company which is not a company with investment business, paragraph (a) or (b) of section 768(1) applies.
- (2) Where this section applies the following provisions have effect to prevent relief being given under section 392A by setting a Schedule A loss incurred by the company before the change of ownership against profits arising after the change.
- (3) The accounting period in which the change of ownership occurs is treated for that purpose as two separate accounting periods, the first ending with the change and the second consisting of the remainder of the period.
- (4) The profits or losses of the period in which the change occurs are apportioned to those two periods—
- (a) in the case of a company with investment business—
- (i) where paragraph (a), (b) or (c) of section 768B(1) applies, in accordance with Parts II and III of Schedule 28A, or
- (ii) where section 768C applies, in accordance with Parts V and VI of that Schedule, and
- (b) in the case of a company which is not a company with investment business, according to the length of the periods,
unless in any case the specified method of apportionment would work unjustly or unreasonably in which case such other method shall be used as appears just and reasonable.
- (5) Relief under section 392A(1) against total profits of the same accounting period is available only in relation to each of those periods considered separately.
- (6) A loss made in any accounting period beginning before the change of ownership may not be set off under section 392A(2) against, or deducted by virtue of section 392A(3) from—
- (a) in the case of—
- (i) a company with investment business where paragraph (a), (b) or (c) of section 768B(1) applies, or
- (ii) a company which is not a company with investment business,
profits of an accounting period ending after the change of ownership;
- (b) in the case of a company with investment business where section 768C applies, from so much of those profits as represents the relevant gain within the meaning of that section.
- (7) Subsections (8) and (9) of section 768 (time limits for assessment; information powers) apply for the purposes of this section as they apply for the purposes of that section.
- (8) In this section—
- (a) any reference to a case where paragraph (a) or (b) of section 768(1) applies includes the case where that paragraph would apply if the reference there to a trade carried on by the company were to a Schedule A business carried on by it;
- (b) “*company with investment business*” has the same meaning as in Part 4.
- (9) The provisions of this section apply in relation to an overseas property business as they apply in relation to a Schedule A business.
##### 768E
- (1) Where there is a change in the ownership of a company with investment business and either—
- (a) paragraph (a), (b) or (c) of section 768B(1) applies, or
- (b) section 768C applies,
the following provisions have effect to prevent relief being given under paragraph 35 of Schedule 29 to the Finance Act 2002 by setting a non-trading loss on intangible fixed assets incurred by the company before the change of ownership against profits arising after the change.
- (2) The accounting period in which the change of ownership occurs is treated for that purpose as two separate accounting periods, the first ending with the change and the second consisting of the remainder of the period.
- (3) The profits or losses of the period in which the change occurs are apportioned to those two periods—
- (a) where paragraph (a), (b) or (c) of section 768B(1) applies, in accordance with Parts 2 and 3 of Schedule 28A, or
- (b) where section 768C applies, in accordance with Parts 5 and 6 of that Schedule,
unless in any case the specified method of apportionment would work unjustly or unreasonably in which case such other method shall be used as appears just and reasonable.
- (4) Relief under paragraph 35 of Schedule 29 to the Finance Act 2002 against total profits of the same accounting period is available only in relation to each of those periods considered separately.
- (5) A loss made in any accounting period beginning before the change of ownership may not be set off under paragraph 35(3) of Schedule 29 to the Finance Act 2002 against—
- (a) in a case where paragraph (a), (b) or (c) of section 768B(1) applies, profits of an accounting period ending after the change of ownership;
- (b) in a case where section 768C applies, so much of those profits as represents the relevant gain within the meaning of that section.
- (6) Subsections (8) and (9) of section 768 (time limits for assessment; information powers) apply for the purposes of this section as they apply for the purposes of that section.
- (7) In this section “company with investment business” has the same meaning as in Part 4.
##### 770A
Schedule 28AA (which deals with provision made or imposed otherwise than at arm’s length) shall have effect.
#### Relevant interests.
### Factoring of income receipts etc
##### 774A
- (1) For the purposes of section 774B an arrangement is a structured finance arrangement in relation to a person (“*the borrower*”) if the following condition is met in relation to the borrower.
- (2) The condition is that—
- (a) under the arrangement the borrower receives from another person (“*the lender*”) any money or other asset (“the advance”) in any period,
- (b) in accordance with generally accepted accounting practice the accounts of the borrower for that period record a financial liability in respect of the advance,
- (c) the borrower, or a person connected with the borrower, makes a disposal of an asset (“the security”) under the arrangement to or for the benefit of the lender or a person connected with the lender,
- (d) the lender, or a person connected with the lender, is entitled under the arrangement to payments in respect of the security, and
- (e) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower.
- (3) For the purposes of this section, in any case where the borrower is a partnership, references to the accounts of the borrower include the accounts of any member of the partnership.
- (4) For the purposes of this section and section 774B—
- (a) references to a person connected with the borrower do not include the lender, and
- (b) references to a person connected with the lender do not include the borrower.
##### 774B
- (1) This section applies if an arrangement is a structured finance arrangement in relation to a person (“*the borrower*”).
- (1A) If the arrangement would (disregarding this section) have had the relevant effect (see subsections (2) and (3)), the arrangement is not to have that effect.
- (1B) If the arrangement would (disregarding this section) not have had that effect, the payments mentioned in section 774A(2)(d) are to be treated for tax purposes as income of the borrower payable in respect of the security (whether or not those payments are also the income of anyone else for tax purposes).
- (2) If the borrower is a person other than a partnership, the relevant effect is that—
- (a) an amount of income on which the borrower, or a person connected with the borrower, would otherwise have been charged to tax is not so charged,
- (b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of the borrower, or of a person connected with the borrower, is not so brought into account, or
- (c) the borrower, or a person connected with the borrower, becomes entitled to an income deduction.
- (3) If the borrower is a partnership, the relevant effect is that—
- (a) an amount of income on which a member of the partnership would otherwise have been charged to tax is not so charged,
- (b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of a member of the partnership is not so brought into account, or
- (c) a member of the partnership becomes entitled to an income deduction.
- (4) If—
- (a) a person in relation to whom this section applies is within the charge to income tax, and
- (b) in accordance with generally accepted accounting practice the accounts of the person record an amount as a finance charge in respect of the advance,
that person may treat the amount for income tax purposes as interest payable on a loan.
- (5) If a person in relation to whom this section applies is within the charge to corporation tax—
- (a) the advance is to be treated, in relation to the company, for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 as a money debt owed by the company,
- (b) the arrangement is to be treated, in relation to the company, for the purposes of that Chapter as a loan relationship of the company (as a debtor relationship), and
- (c) any amount which, in accordance with generally accepted accounting practice, is recorded in the accounts of the company as a finance charge in respect of the advance is to be treated as interest payable under that relationship.
- (6) For the purposes of this section, in any case where the borrower is a partnership,—
- (a) references to accounts include the accounts of the partnership, and
- (b) any deemed interest is treated as payable by the partnership (whether or not the finance charge is recorded in the accounts of the partnership).
- (7) For the purpose of determining when any deemed interest in respect of the advance is paid—
- (a) the payments mentioned in section 774A(2)(d) are treated as consisting of amounts for repaying the advance and amounts (“the interest elements”) in respect of interest on the advance, and
- (b) the interest elements of those payments are treated as paid when those payments are paid,
and the deemed interest in respect of the advance is treated as paid at the times when the interest elements are treated as paid.
- (8) In this section “*deemed interest*” means any amount which is treated as interest as a result of subsection (4) or (5).
- (9) This section is subject to the exceptions contained in section 774E.
##### 774C
- (1) For the purposes of section 774D an arrangement is a structured finance arrangement in relation to a partnership (“the borrower partnership”) if condition A or B is met in relation to the borrower partnership.
- (2) Condition A is that—
- (a) a person (“the transferor partner”) disposes of an asset (“the security”) under the arrangement to the borrower partnership,
- (b) the transferor partner is a member of the borrower partnership immediately after the disposal (whether or not a member immediately before the disposal),
- (c) under the arrangement the borrower partnership receives from another person (“*the lender*”) any money or other asset (“the advance”) in any period,
- (d) in accordance with generally accepted accounting practice the accounts of the borrower partnership for that period record a financial liability in respect of the advance,
- (e) there is a relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender (see subsection (6)),
- (f) under the arrangement the share of the lender or person connected with the lender in the profits of the borrower partnership is determined by reference (wholly or partly) to payments in respect of the security, and
- (g) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower partnership.
- (3) For the purposes of condition A, references to the accounts of the borrower partnership include the accounts of the transferor partner.
- (4) Condition B is that—
- (a) the borrower partnership holds an asset (“the security”) as a partnership asset at any time before the arrangement is made,
- (b) under the arrangement the borrower partnership receives from another person (“*the lender*”) any money or other asset (“the advance”) in any period,
- (c) in accordance with generally accepted accounting practice the accounts of the borrower partnership for that period record a financial liability in respect of the advance,
- (d) there is a relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender,
- (e) under the arrangement the share of the lender or person connected with the lender in the profits of the borrower partnership is determined by reference (wholly or partly) to payments in respect of the security, and
- (f) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower partnership.
- (5) For the purposes of condition B, references to the accounts of the borrower partnership include the accounts of any person who is a member of the partnership immediately before the arrangement is made.
- (6) For the purposes of this section and section 774D there is a relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender if directly or indirectly in consequence of, or otherwise in connection with, the arrangement—
- (a) the lender, or a person connected with the lender, becomes a member of the borrower partnership at any time, or
- (b) there is at any time a change in the share of a member of the borrower partnership in the profits of the borrower partnership in a case where that member is the lender or a person connected with the lender.
- (7) For the purposes of subsection (6)(b) the reference to a person connected with the lender includes a person who at any time becomes connected with the lender directly or indirectly in consequence of, or otherwise in connection with, the arrangement.
##### 774D
- (1) This section applies if—
- (a) an arrangement is a structured finance arrangement in relation to a partnership (“the borrower partnership”), and
- (b) any relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender would (disregarding this section) have had the following effect.
- (2) The effect is that—
- (a) an amount of income on which a relevant member of the borrower partnership would otherwise have been charged to tax is not so charged,
- (b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of a relevant member of the borrower partnership is not so brought into account, or
- (c) a relevant member of the borrower partnership becomes entitled to an income deduction.
- (2A) In determining whether the condition in subsection (1)(b) is met it is to be assumed that amounts of income equal to the payments mentioned in section 774C(2)(f) or (4)(e) were payable to the borrower partnership before the time at which the relevant change in relation to its membership involving the lender or a person connected with the lender occurs.
- (3) In this section “*relevant member of the borrower partnership*” means—
- (a) in any case where condition A in section 774C is met in relation to the arrangement, the transferor partner, and
- (b) in any case where condition B in that section is met in relation to the arrangement, any person other than the lender who is a member of the borrower partnership immediately before the time at which the relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender occurs.
- (4) Part 9 of ITTOIA 2005 and section 114 above are to have effect in relation to any relevant member of the borrower partnership as if the relevant change in relation to the membership of the borrower partnership involving the lender or a person connected with the lender had not occurred.
Accordingly, the structured finance arrangement is not to have the effect mentioned in subsection (2).
- (5) The following provisions of this section confer relief from tax the availability of which depends on which of the conditions in section 774C is met in relation to the arrangement.
- (6) In any case where condition A in section 774C is met, if—
- (a) the transferor partner is a person within the charge to income tax, and
- (b) in accordance with generally accepted accounting practice the accounts of the borrower partnership record an amount as a finance charge in respect of the advance,
the transferor partner may treat the amount for income tax purposes as interest payable by the transferor partner on a loan.
- (7) In any case where condition A in that section is met, if the transferor partner is a company within the charge to corporation tax—
- (a) the advance is to be treated, in relation to the company, for the purposes of paragraph 19 of Schedule 9 to the Finance Act 1996 (and the other provisions of Chapter 2 of Part 4 of that Act) as a money debt owed by the borrower partnership,
- (b) the arrangement is to be treated, in relation to the company, as a transaction for the lending of money from which that debt is treated as arising for those purposes, and
- (c) any amount which, in accordance with generally accepted accounting practice, is recorded in the accounts of the borrower partnership as a finance charge in respect of the advance is to be treated as interest payable by the company under that transaction.
- (8) For the purposes of subsections (6) and (7), references to the accounts of the borrower partnership include the accounts of the transferor partner.
- (9) In any case where condition B in section 774C is met, if—
- (a) a relevant member of the borrower partnership is a person within the charge to income tax, and
- (b) in accordance with generally accepted accounting practice the accounts of the borrower partnership record an amount as a finance charge in respect of the advance,
the relevant partner may treat the amount for income tax purposes as interest payable by the borrower partnership on a loan.
- (10) In any case where condition B in that section is met, if a relevant member of the borrower partnership is a company within the charge to corporation tax—
- (a) the advance is to be treated, in relation to the company, for the purposes of paragraph 19 of Schedule 9 to the Finance Act 1996 (and the other provisions of Chapter 2 of Part 4 of that Act) as a money debt owed by that partnership,
- (b) the arrangement is to be treated, in relation to the company, as a transaction for the lending of money from which that debt is treated as arising for those purposes, and
- (c) any amount which, in accordance with generally accepted accounting practice, is recorded in the accounts of the borrower partnership as a finance charge in respect of the advance is to be treated as interest payable by the borrower partnership under that transaction.
- (11) For the purposes of subsections (9) and (10), references to the accounts of the borrower partnership include the accounts of any relevant member of the borrower partnership.
- (12) For the purpose of determining when any deemed interest in respect of the advance is paid—
- (a) the payments mentioned in section 774C(2)(f) or (4)(e) are treated as consisting of amounts for repaying the advance and amounts (“the interest elements”) in respect of interest on the advance, and
- (b) the interest elements of those payments are treated as paid when those payments are paid,
and the deemed interest in respect of the advance is treated as paid at the times when the interest elements are treated as paid.
- (13) In this section “*deemed interest*” means any amount which is treated as interest as a result of any of subsections (6) to (10).
- (14) This section is subject to the exceptions contained in section 774E.
##### 774E
- (1) Section 774B or 774D does not apply if the whole of the advance under the structured finance arrangement—
- (a) is charged to tax on a relevant person (see subsection (7)) as an amount of income,
- (b) is brought into account in calculating for tax purposes any income of a relevant person, or
- (c) is brought into account for the purposes of any provision of the Capital Allowances Act as a disposal receipt, or proceeds from a balancing event or disposal event, of a relevant person.
For the purposes of this subsection the effect of section 785A (rent factoring of leases of plant or machinery) is to be disregarded.
- (2) Subsection (1)(c) is not to be taken as met in any case where—
- (a) the receipt or proceeds gives rise to a balancing charge, and
- (b) the amount of the balancing charge is limited by any provision of the Capital Allowances Act.
- (3) Section 774B or 774D does not apply if, at all times, the whole of the advance under the structured finance arrangement—
- (a) is a debtor relationship of a relevant person for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships), or
- (b) would be a debtor relationship of a relevant person for those purposes if that person were a company within the charge to corporation tax.
For the purposes of this subsection references to a debtor relationship do not include a relationship to which section 100 of the Finance Act 1996 (money debts etc not arising from the lending of money) applies.
- (4) Section 774B or 774D does not apply in so far as the structured finance arrangement is an arrangement in relation to which—
- (a) section 263A of the 1992 Act (agreements for sale and repurchase of securities) applies,
- (b) Schedule 13 to the Finance Act 2007 (sale and repurchase of securities) applies, or
- (c) Chapter 5 of Part 2 of the Finance Act 2005 (alternative finance arrangements) has effect.
- (5) Section 774B or 774D does not apply in so far as—
- (a) the security under the structured finance arrangement is plant or machinery which is the subject of a sale and finance leaseback, or
- (b) the structured finance arrangement is an arrangement in relation to which sections 228B and 228C of the Capital Allowances Act apply with the modifications contained in section 228F of that Act (lease and finance leaseback).
- (6) For the purposes of subsection (5)(a), whether plant or machinery is the subject of a sale and finance leaseback is determined in accordance with section 221 of the Capital Allowances Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) For the purposes of this section a “*relevant person*” means—
- (a) if section 774B applies, the borrower under the structured finance arrangement, a person connected with that borrower or (if that borrower is a partnership) a member of the partnership, and
- (b) if section 774D applies, a relevant member of the borrower partnership (within the meaning of that section).
##### 774F
- (1) The Treasury may make regulations prescribing other circumstances in which section 774B or 774D is not to apply in relation to a structured finance arrangement.
- (2) Any regulations under subsection (1) may make provision amending section 774E.
- (3) The power to make regulations under subsection (1) includes—
- (a) power to make provision having effect in relation to times before the making of the regulations (but not times earlier than 6th June 2006),
- (b) power to make different provision for different cases or different purposes, and
- (c) power to make incidental, supplemental, consequential or transitional provision and savings.
##### 774G
- (1) For the purposes of sections 774A to 774D “*arrangement*” includes any agreement or understanding (whether or not legally enforceable).
- (2) For the purposes of sections 774A to 774D “*income deduction*” means—
- (a) a deduction in calculating any income for tax purposes, or
- (b) a deduction against total income or total profits.
- (3) For the purposes of sections 774A to 774D—
- (a) references to a person's receiving any asset include—
- (i) the person's obtaining directly or indirectly the value of any asset or otherwise deriving directly or indirectly any benefit from it, and
- (ii) the discharge (in whole or in part) of any liability of the person,
- (b) references to a disposal of an asset include anything which constitutes a disposal of the asset for the purposes of the 1992 Act,
- (c) references to payments in respect of any asset include—
- (i) payments in respect of any other asset substituted for it under the arrangement, and
- (ii) obtaining directly or indirectly the value of any asset or otherwise deriving directly or indirectly any benefit from it.
- (4) For the purposes of sections 774A to 774D, section 839 (connected persons) applies.
- (5) For the purposes of sections 774A to 774D references to the accounts of any person who is a company include the consolidated group accounts of a group of companies of which it is a member.
- (5A) In determining for the purposes of sections 774A to 774D whether an amount is recorded as a financial liability in respect of the advance it is to be assumed that the period of account in which the advance is received ended immediately after the receipt of the advance.
- (6) If any person does not draw up accounts in accordance with generally accepted accounting practice, sections 774A to 774D apply as if the accounts had been drawn up by the person in accordance with that practice.
- (7) Sections 277 to 281 of ITTOIA 2005 and section 34 above (lease premiums) are not to apply in relation to a premium paid in respect of a grant of a lease where the grant constitutes a disposal of an asset for the purposes of section 774A(2)(c) or 774C(2)(a).
##### 775A
- (1) This section applies in any case where—
- (a) a person sells or transfers the right to receive an annual payment to which this section applies (see subsection (4)), and
- (b) the consideration (if any) for the sale or transfer would not, apart from this section, be chargeable to tax.
- (2) In any such case, tax is charged—
- (a) in the case of income tax, under this section; or
- (b) in the case of corporation tax, under Case III of Schedule D.
- (3) Where this section applies—
- (a) the tax is charged on an amount equal to the market value of the right to receive the annual payment;
- (b) the tax is charged for the chargeable period in which the sale or transfer takes place;
- (c) the person liable for the tax is the person who sells or transfers the right to the annual payment.
- (4) This section applies to any annual payment other than—
- (a) an annual payment under a life annuity;
- (b) an annual payment under a pension annuity;
- (c) an annual payment to which section 347A applies (certain annual payments not to form part of the income of a company for corporation tax purposes);
- (d) an annual payment in respect of which, by virtue of section 727 of ITTOIA 2005 (payments by individuals arising in UK), no liability to income tax arises under Part 5 of that Act.
- (5) This section applies in relation to part of an annual payment as it applies in relation to the whole of an annual payment.
- (6) For the purposes of this section, a sale or transfer of all rights under an agreement for annual payments, or under an annuity, is a sale or transfer of the rights to each individual payment under the agreement or annuity.
- (7) In this section—
- “*life annuity*” means—a life annuity, as defined in section 657(1); ora life annuity, as defined in section 473(2) of ITTOIA 2005;
- “*pension annuity*” means an annuity which is pension income within the meaning of Part 9 of ITEPA 2003 (see section 566(2) of that Act).
#### Income treated as arising under section 761(1): remittance basis
##### 785ZA
- (1) This section applies for corporation tax purposes if—
- (a) a company carries on a business in respect of which the company is within the charge to corporation tax,
- (b) the company carries on the business in partnership with other persons in an accounting period of the partnership,
- (c) the business (“the leasing business”) is, on any day in that period, a business of leasing plant or machinery,
- (d) the company incurs a loss in its notional business in any accounting period comprised (wholly or partly) in the accounting period of the partnership, and
- (e) the interest of the company in the leasing business during the accounting period of the partnership is not determined on an allowable basis (see subsections (2) to (4)).
- (2) The interest of the company in the leasing business during the accounting period of the partnership is determined on an allowable basis if (and only if) the following condition is met.
- (3) The condition is met if, for the purposes of section 114(2),—
- (a) the company's share in the profits or loss of the leasing business for that period is determined wholly by reference to a single percentage, and
- (b) the company's share in any relevant capital allowances for that period is determined wholly by reference to the same percentage.
- (4) For the purposes of this condition “*profits*” does not include chargeable gains.
- (5) The following restrictions apply in respect of so much of the loss incurred by the company in its notional business as derives from any relevant capital allowances (“the restricted part of the loss”).
- (6) Apart from by way of set off against any relevant leasing income, relief is not to be given to the company under any relevant loss relief provision in respect of the restricted part of the loss.
- (7) If the leasing business is a trade, relief is not to be given to the company under section 393A(1) in respect of the restricted part of the loss.
- (8) The restricted part of the loss is not available for set off by way of group relief in accordance with section 403.
- (9) For the purpose of determining how much of a loss derives from any relevant capital allowances, the loss is to be calculated on the basis that any relevant capital allowances are the final amounts to be deducted.
##### 785ZB
- (1) This section applies for the purposes of section 785ZA.
- (2) “*Business of leasing plant or machinery*” has the same meaning as in Part 3 of Schedule 10 to the Finance Act 2006 (sale etc of lessor companies etc).
- (3) “*Lease*” has the same meaning as in section 785A.
- (4) “*Notional business*”, in relation to a company, means the business—
- (a) from which the company's share in the profits or loss of the leasing business is treated under section 114(2) as deriving for the purposes of the charge to corporation tax, and
- (b) which is treated under that provision as carried on alone by the company for those purposes.
- (5) “*Plant or machinery*” has the same meaning as in Part 2 of the Capital Allowances Act.
- (6) “*Relevant capital allowance*” means an allowance under Part 2 of the Capital Allowances Act in respect of expenditure incurred on the provision of plant or machinery wholly or partly for the purposes of the leasing business.
- (7) “*Relevant leasing income*” means any income of the company's notional business deriving from any lease—
- (a) which is a lease of plant or machinery, and
- (b) which was entered into before the end of the accounting period of the company in which the loss in its notional business was incurred.
- (8) “*Relevant loss relief provision*” means any of the following provisions—
- (a) section 392A (Schedule A losses),
- (b) section 392B (losses from overseas property businesses),
- (c) section 393 (trade losses),
- (d) section 396 (Case VI losses).
##### 785A
- (1) This section applies in any case where the following conditions are satisfied—
- (a) a person (call him “P”) is entitled to receive rentals under a lease of plant or machinery,
- (b) the rentals, so far as receivable by him, fall to be brought into account as income for the purpose of calculating his tax liability,
- (c) P enters into arrangements for the transfer of his right to receive some or all of the rentals to another person,
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In any such case, the market value of the rights transferred—
- (a) shall be treated for tax purposes as income of P,
- (b) shall be taxable as rentals receivable by P under the lease (apart from any transfer of his right to receive some or all of the rentals), and
- (c) shall be brought into account at the time of the transfer.
- (2A) But subsection (2) does not apply if and to the extent that any of the market value of the rights transferred is (apart from this section) brought into account—
- (a) as income, or
- (b) as a capital allowances disposal receipt.
- (3) Any reference to the transfer from P to another person of a right to receive rentals includes a reference to any arrangement under which rental ceases to form part of the receipts taken into account as income for the purposes of calculating P’s tax liability.
- (4) Where P is a partnership, any reference in this section to calculating P’s tax liability includes a reference to calculating the tax liability of the partners, notwithstanding that the partnership has legal personality.
- (5) A partnership has legal personality for the purposes of subsection (4) above if it is regarded as a legal person, or as a body corporate, under the law of the country or territory under which it is formed.
- (5ZA) The references in subsections (1)(c) and (3) to another person include any person in which P has an interest, including any partnership of which P is a member and the trustees of any trust of which P is a beneficiary.
- (5A) This section does not apply in so far as section 774B or 774D (structured finance arrangements) applies in relation to the arrangements mentioned in paragraph (c) of subsection (1) above as a result of the transfer mentioned in that paragraph.
- (5B) This section does not apply in relation to a relevant capital payment to which section 785B below or section 809ZA of ITA 2007 applies; and “relevant capital payment” here has the same meaning as in that section.
- (6) In this section—
- “*capital allowances disposal receipt*” means a disposal receipt within the meaning of Part 2 of the Capital Allowances Act 2001 (see section 60 of that Act);
- “*lease*” includes an underlease, sublease, tenancy or licence and an agreement for any of those things;
- “*tax liability*” means liability to income tax or corporation tax.
##### 785B
- (1) This section applies if—
- (a) there is an unconditional obligation, under a lease of plant or machinery or a relevant arrangement, to make a relevant capital payment (at any time), or
- (b) a relevant capital payment is made under such a lease or arrangement otherwise than in pursuance of such an obligation.
- (2) The lessor is treated for corporation tax purposes as receiving income attributable to the lease of an amount equal to the amount of the capital payment.
- (3) The income is treated—
- (a) if subsection (1)(a) applies, as income for the period of account in which there is first an obligation of the kind mentioned there, and
- (b) if subsection (1)(b) applies, as income for the period of account in which the payment is made.
##### 785C
- (1) The expressions used in section 785B and this section are to be interpreted as follows.
- (2) “*Capital payment*” means any payment except one which, if made to the lessor—
- (a) would fall to be included in a calculation of the lessor's income for corporation tax purposes, or
- (b) would fall to be included in such a calculation but for section 502B (rental earnings under long funding finance lease).
- (3) “*Lease*” includes—
- (a) a licence, and
- (b) the letting of a ship or aircraft on charter or the letting of any other asset on hire,
and “*lessor*” and “*lessee*” are to be read accordingly.
- (4) “*Lease of plant or machinery*” includes a lease of plant or machinery and other property but does not include—
- (a) a lease where the income attributable to the lease received by the lessor (if any) would be chargeable to tax under Schedule A, or
- (b) a lease of plant or machinery where the lessor has incurred what would (but for section 34A of the Capital Allowances Act) be qualifying expenditure (within the meaning of Part 2 of that Act) on the plant or machinery.
- (5) “*Relevant arrangement*” means any agreement or arrangement relating to a lease of plant or machinery, including one made before the lease is entered into or after it has ended (and, accordingly, “lessor” and lessee” include prospective and former lessors and lessees).
- (6) A capital payment, in relation to a lease or relevant arrangement, is “relevant” if condition A or B is met (but this is subject to subsection (9)).
- (7) Condition A is that the capital payment is payable (or paid), directly or indirectly, by (or on behalf of) the lessee to (or on behalf of) the lessor in connection with—
- (a) the grant, assignment, novation or termination of the lease, or
- (b) any provision of the lease or relevant arrangement (including the variation or waiver of any such provision).
- (8) Condition B is that rentals payable under the lease are less than (or payable later than) they might reasonably be expected to be if there were no obligation to make the capital payment (and the capital payment were not made).
- (9) A capital payment is not “relevant” if or to the extent that—
- (a) the capital payment reduces (or would but for section 536 of the Capital Allowances Act reduce) the amount of expenditure incurred by the lessor for the purposes of the Capital Allowances Act in respect of the plant or machinery in question,
- (b) the capital payment is compensation for loss resulting from damage to, or damage caused by, the plant or machinery in question, or
- (c) the capital payment would fall (or falls) to be brought into account by the lessor as a disposal receipt within the meaning of Part 2 of the Capital Allowances Act (see section 60(1) of that Act).
- (10) References to payment include the provision of value by any means other than the making of a payment, and accordingly—
- (a) references to the making of a payment include the passing of value (by any other means), and
- (b) references to the amount of the payment include the value passed.
##### 785D
- (1) This section applies if section 785B applies in relation to a lease of plant or machinery and other property (see section 785C(4)).
- (2) The relevant capital payment is to be apportioned, on a just and reasonable basis, between—
- (a) the plant and machinery, and
- (b) the other property.
- (3) If the income (if any) received by the lessor that is attributable to any of the plant or machinery is chargeable to tax under Schedule A, treat that plant or machinery as falling within subsection (2)(b) (and not subsection (2)(a)).
- (4) Section 785B(2) has effect as if the reference to the amount of the capital payment were to such amount as is apportioned under subsection (2) in respect of the plant or machinery within subsection (2)(a).
#### Offshore income gains: application of transfer of assets abroad provisions
##### 785E
- (1) This section applies for corporation tax purposes if—
- (a) section 785B applies by virtue of subsection (1)(a) of that section, and
- (b) at any time, the lessor reasonably expects that the relevant capital payment will not be paid (or will not be paid in full).
- (2) For the purposes of calculating the profits of the lessor, a deduction is allowed for the period of account which includes that time.
- (3) The amount of the deduction is equal to the amount reasonably expected not to be paid.
- (4) No other deduction is allowed in respect of the matters mentioned in subsection (1).
#### Capital sums: . . . winding up or partnership change.
#### Allowances for expenditure on purchase of patent rights: post-31st March 1986 expenditure.
##### 793A
- (1) Where relief in respect of an amount of tax that would otherwise be payable under the law of a territory outside the United Kingdom may be allowed—
- (a) under arrangements made in relation to that territory, or
- (b) under the law of that territory in consequence of any such arrangements,
credit may not be allowed in respect of that tax, whether the relief has been used or not.
- (2) Where, under arrangements having effect by virtue of section 788, credit may be allowed in respect of an amount of tax, credit by way of unilateral relief may not be allowed in respect of that tax.
- (3) Where arrangements made in relation to a territory outside the United Kingdom contain express provision to the effect that relief by way of credit shall not be given under the arrangements in cases or circumstances specified or described in the arrangements, then neither shall credit by way of unilateral relief be allowed in those cases or circumstances.
##### 795A
- (1) The amount of credit for foreign tax which, under any arrangements, is to be allowed against tax in respect of any income or chargeable gain shall not exceed the credit which would be allowed had all reasonable steps been taken—
- (a) under the law of the territory concerned, and
- (b) under any arrangements made in relation to that territory,
to minimise the amount of tax payable in that territory.
- (2) The steps mentioned in subsection (1) above include—
- (a) claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances; and
- (b) making elections for tax purposes.
- (3) For the purposes of subsection (1) above, any question as to the steps which it would have been reasonable for a person to take shall be determined on the basis of what the person might reasonably be expected to have done in the absence of relief under this Part against tax in the United Kingdom.
##### 797A
- (1) This section applies for the purposes of any arrangements where, in the case of any company—
- (a) any non-trading credit relating to an item is brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) for any accounting period (“the applicable accounting period”); and
- (b) there is in respect of that item an amount of foreign tax for which, under the arrangements, credit is allowable against United Kingdom tax computed by reference to that interest.
- (2) It shall be assumed that tax chargeable under paragraph (a) of Case III of Schedule D on the profits and gains arising for the applicable accounting period from the company’s loan relationships falls to be computed on the actual amount of its non-trading credits for that period, and without any deduction in respect of non-trading debits.
- (3) Section 797(3) shall have effect (subject to subsection (7) below) as if—
- (a) there were for the applicable accounting period an amount equal to the adjusted amount of the non-trading debits falling to be brought into account by being set against profits of the company for that period of any description; and
- (b) different parts of that amount might be set against different profits.
- (4) For the purposes of this section, the adjusted amount of a company’s non-trading debits for any accounting period is the amount equal, in the case of that company, to the aggregate of the non-trading debits given for that period for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) less the aggregate of the amounts specified in subsection (5) below.
- (5) Those amounts are—
- (a) so much of any non-trading deficit for the applicable accounting period as is an amount to which a claim under subsection (2)(c) of section 83 of the Finance Act 1996 or paragraph 4(3) of Schedule 11 to that Act (deficit carried back and set against profits) relates; and
- (aa) so much of any non-trading deficit for that period as is surrendered as group relief by virtue of section 403 of the Taxes Act 1988; and
- (b) so much of any non-trading deficit for that period as falls to be carried forward to a subsequent period in accordance with subsection (3A) of that section or paragraph 4(4) of that Schedule; . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Section 797(3) shall have effect as if any amount carried forward to the applicable accounting period under section 83(3A) of that Act were an amount capable of being allocated only to any non-trading profits of the company.
- (7) Where—
- (a) the company has a non-trading deficit for the applicable accounting period,
- (b) the amount of that deficit exceeds the aggregate of the amounts specified in subsection (5) above, and
- (c) in pursuance of a claim under—
- (i) subsection (2)(a) of section 83 of the Finance Act 1996 (deficit set against current year profits), or
- (ii) paragraph 4(2) of Schedule 11 to that Act (set-off of deficits in the case of insurance companies),
the excess falls to be set off against profits of any description,
section 797(3) shall have effect as if non-trading debits of the company which in aggregate are equal to the amount of the excess were required to be allocated to the profits against which they are set off in pursuance of the claim.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) In this section “*non-trading profits*” has the same meaning as in paragraph 4 of Schedule 8 to the Finance Act 1996.
##### 797B
- (1) This section applies for the purposes of any arrangements where, in the case of a company—
- (a) a non-trading credit relating to an item is brought into account for the purposes of Schedule 29 to the Finance Act 2002 (intangible fixed assets) for an accounting period (“*the applicable accounting period*”), and
- (b) there is in respect of that item an amount of foreign tax for which, under the arrangements, credit is allowable against United Kingdom tax computed by reference to that item.
- (2) It shall be assumed that tax chargeable under Case VI of Schedule D on the profits and gains arising for the applicable accounting period from the company’s intangible fixed assets falls to be computed on the actual amount of its non-trading credits for that period, and without any deduction in respect of non-trading debits.
- (3) Section 797(3) shall have effect as if—
- (a) there were for the applicable accounting period an amount equal to the adjusted amount of the non-trading debits falling to be brought into account by being set against profits of the company for that period of any description, and
- (b) different parts of that amount might be set against different profits.
- (4) For this purpose the adjusted amount of a company’s non-trading debits for an accounting period is given by:
$$TotalDebits-AmountCarriedForward$where—Total Debits is the aggregate amount of the company’s non-trading debits for that accounting period under Schedule 29 to the Finance Act 2002 (intangible fixed assets), andAmount Carried Forward is the amount (if any) carried forward to the next accounting period of the company under paragraph 35(3) of that Schedule (carry-forward of non-trading loss in respect of which no claim is made for it to be set against total profits of current period).$
#### Letting of furnished holiday accommodation treated as trade for certain income tax purposes
##### 798A
- (1) This section has effect in relation to the application of section 797(1) to the allowance of credit for foreign tax against corporation tax in respect of trade income.
- (2) The reference in section 797(1) to the relevant income or gain shall be treated as referring only to income arising or gains accruing out of the transaction, arrangement or asset in connection with which the credit for foreign tax arises.
- (3) In determining for the purposes of section 797(1) the amount of corporation tax attributable to any income or gain, there shall be taken into account—
- (a) deductions or expenses which would be allowable in the computation of the taxpayer's liability,
- (b) a reasonable apportionment of allowable deductions or expenses which relate partly to the transaction, arrangement or asset from which the income or gain arises and partly to other matters, and
- (c) expenses of a company connected (within the meaning given by section 839) with the taxpayer, in so far as reasonably attributable to the income or gain.
- (4) In this section and section 798B “*trade income*” means—
- (a) income or profits chargeable to tax under Case I, II or V of Schedule D,
- (b) profits of a Schedule A business computed in same way as the profits of a trade in accordance with section 21A of ICTA,
- (c) sums charged to tax under Case VI of Schedule D in accordance with section 104 of ICTA, and
- (d) any other income or profits which by a provision of ICTA is chargeable to tax under, or computed in accordance with, Case I of Schedule D;
but this section shall not apply in relation to income to which section 804C below applies.
##### 798B
- (1) Where—
- (a) a credit for foreign tax arises in connection with an asset, and
- (b) the asset is in a hedging relationship with a derivative contract,
in the application of section 798A(2) the reference to the income arising out of the asset shall be taken as a reference to the income arising out of the asset and the derivative contract taken together (but taking account of the income or loss from the derivative contract only in so far as reasonably attributable to the hedging relationship).
- (2) For the purposes of subsection (1)(b) an asset is in a hedging relationship with a derivative contract if—
- (a) the asset is acquired as a hedge of risk in connection with the contract, or
- (b) the contract is entered into as a hedge of risk in connection with the asset;
and if an asset or a contract is wholly or partly designated as a hedge for the purposes of a person's accounts, that shall be conclusive for the purpose of this subsection.
- (3) Where royalties (as defined in arrangements having effect by virtue of section 788) are paid in respect of an asset in more than one jurisdiction outside the United Kingdom, for the purposes of section 798A(2)—
- (a) royalty income arising in more than one jurisdiction (other than the United Kingdom) in a year of assessment in respect of that asset shall be treated as income arising from a single transaction, arrangement or asset, and
- (b) credits available for foreign tax in respect of the royalty income shall be aggregated accordingly.
- (4) If a person (“A”) carrying on a trade giving rise to trade income enters into a scheme or arrangement with another person (“B”) a main purpose of which is to alter the effect of section 798A in relation to A, income received in pursuance of the scheme or arrangement shall be treated for the purposes of section 798A as trade income of B (and not as income of A).
- (5) Where—
- (a) transactions, arrangements or assets are treated by a taxpayer as a series or group (the “portfolio”),
- (b) a number of credits for foreign tax arise in respect of the portfolio, and
- (c) either—
- (i) it is not reasonably practicable to prepare a separate computation of income or gain for the purposes of section 798A(2) in respect of each transaction, arrangement or asset, or
- (ii) a separate computation of income or gain in respect of each transaction, arrangement or asset for the purposes of section 798A(2) would not, compared with an aggregated computation, make a material difference to the amount of credit for foreign tax which is allowable,
the income or gains arising from the portfolio, or part of the portfolio, may be aggregated and apportioned for the purposes of section 798A(2) in a fair and reasonable manner.
##### 798C
- (1) This section applies where the application of section 796(1) or 797(1) prevents an amount of credit for foreign tax from being allowable against income tax or corporation tax.
- (2) The taxpayer's income shall be treated as reduced by the amount of disallowed credit.
- (3) Subsection (2) applies only in so far as the amount of disallowed credit does not exceed the amount of any loss attributable to the income or gain in respect of which the foreign tax was paid.
- (4) For the purpose of subsection (3), payment of the foreign tax is to be taken into account despite section 795(2).
##### 801A
- (1) This section applies where—
- (a) a company (“*the claimant company*”) makes a claim for an allowance by way of credit in accordance with this Part;
- (b) the claim relates to underlying tax on a dividend paid to that company by a company resident outside the United Kingdom (“*the overseas company*”);
- (c) that underlying tax is or includes an amount in respect of tax (“*the high rate tax*”) payable by—
- (i) the overseas company, or
- (ii) such a third, fourth or successive company as is mentioned in section 801,
at a rate in excess of the relievable rate; and
- (d) the whole or any part of the amount in respect of the high rate tax which is or is included in the underlying tax would not be, or be included in, that underlying tax but for the existence of, or for there having been, an avoidance scheme.
- (2) Where this section applies, the amount of the credit to which the claimant company is entitled on the claim shall be determined as if the high rate tax had been tax at the relievable rate, instead of at a rate in excess of that rate.
- (3) For the purposes of this section tax shall be taken to be payable at a rate in excess of the relievable rate if, and to the extent that, the amount of that tax exceeds the amount that would represent tax on the relevant profits at the relievable rate.
- (4) In subsection (3) above “*the relevant profits*”, in relation to any tax, means the profits of the overseas company or, as the case may be, of the third, fourth or successive company which, for the purposes of this Part, are taken to bear that tax.
- (5) In this section “*the relievable rate*” means the rate of corporation tax in force when the dividend mentioned in subsection (1)(b) above was paid.
- (6) In this section “*an avoidance scheme*” means any scheme or arrangement which—
- (a) falls within subsection (7) below; and
- (b) is a scheme or arrangement the purpose, or one of the main purposes, of which is to have an amount of underlying tax taken into account on a claim for an allowance by way of credit in accordance with this Part.
- (7) A scheme or arrangement falls within this subsection if the parties to it include both—
- (a) the claimant company, a company related to that company or a person connected with the claimant company; and
- (b) a person who was not under the control of the claimant company at any time before the doing of anything as part of, or in pursuance of, the scheme or arrangement.
- (8) In this section “*arrangement*” means an arrangement of any kind, whether in writing or not.
- (9) For the purposes of this section, whether a person is connected with another is determined in accordance with section 839.
- (10) Subsection (5) of section 801 (meaning of “*related company*”) shall apply for the purposes of this section as it applies for the purposes of that section.
- (11) For the purposes of this section a person who is a party to a scheme or arrangement shall be taken to have been under the control of the claimant company at all the following times, namely—
- (a) any time when that company would have been taken (in accordance with section 416) to have had control of that person for the purposes of Part XI;
- (b) any time when that company would have been so taken if that section applied (with the necessary modifications) in the case of partnerships and unincorporated associations as it applies in the case of companies; and
- (c) any time when that person acted in relation to that scheme or arrangement, or any proposal for it, either directly or indirectly under the direction of that company.
##### 801B
- (1) This section applies where—
- (a) a company (“*company A*”) resident outside the United Kingdom has paid tax under the law of a territory outside the United Kingdom in respect of any of its profits;
- (b) some or all of those profits become profits of another company resident outside the United Kingdom (“*company B*”) otherwise than by virtue of the payment of a dividend to company B; and
- (c) company B pays a dividend out of those profits to another company (“*company C*”), wherever resident.
- (2) Where this section applies, this Part shall have effect, so far as relating to the determination of underlying tax in relation to any dividend paid—
- (a) by any company resident outside the United Kingdom (whether or not company B),
- (b) to a company resident in the United Kingdom,
as if company B had paid the tax paid by company A in respect of those profits of company A which have become profits of company B as mentioned in subsection (1)(b) above.
- (3) But the amount of relief under this Part which is allowable to a company resident in the United Kingdom shall not exceed the amount which would have been allowable to that company had those profits become profits of company B by virtue of the payment of a dividend by company A to company B.
##### 801C
- (1) This section applies in any case where—
- (a) by virtue only of section 748(1)(a), no apportionment under section 747(3) falls to be made as regards an accounting period of a controlled foreign company; and
- (b) one or more of the dividends paid by the controlled foreign company by virtue of which the condition in paragraph (a) above is satisfied are dividends falling within subsection (2) below.
- (2) A dividend falls within this subsection if, for the purposes of Part I of Schedule 25, the whole or any part of it falls to be treated by virtue of paragraph 4 of that Schedule as paid by the controlled foreign company to a United Kingdom resident.
- (3) If, in a case where this section applies,—
- (a) an initial dividend is paid to a company resident outside the United Kingdom, and
- (b) that company, or any other company which is related to it, pays an intermediate dividend which for the purposes of paragraph 4 of Schedule 25 to any extent represents that initial dividend,
subsection (4) below shall have effect in relation to the UK recipient concerned.
- (4) Where this subsection has effect, it shall be assumed for the purposes of allowing credit relief under this Part to that UK recipient—
- (a) that, instead of the intermediate dividend, the dividends described in subsection (5) below had been paid and the circumstances had been as described in subsection (6) or (7) below, as the case may be; and
- (b) that any tax paid under the law of any territory in respect of the intermediate dividend, or which is underlying tax in relation to that dividend, had instead fallen to be borne accordingly (taking account of any reduction falling to be made under section 799(2)).
- (5) The dividends mentioned in subsection (4)(a) above are—
- (a) as respects each of the initial dividends which are, for the purposes of paragraph 4 of Schedule 25, to any extent represented by the intermediate dividend, a separate dividend (an “*ADP dividend*”) representing, and of an amount equal to, so much of that initial dividend as is for those purposes represented by the intermediate dividend; and
- (b) a further separate dividend (a “*residual dividend*”) representing, and of an amount equal to, the remainder (if any) of the intermediate dividend.
- (6) As respects each of the ADP dividends, the intermediate company is to be treated as if it were a separate company whose distributable profits are of a constitution corresponding to, and an amount equal to, that of the ADP dividend.
- (7) As respects the residual dividend (if any), the relevant profits out of which it is to be regarded for the purposes of section 799(1) as paid by the intermediate company are, in consequence of subsection (6) above, to be treated as being of such constitution and amount as remains after excluding accordingly so much of those relevant profits as constitute the whole or any part of the distributable profits out of which the ADP dividends are paid.
- (8) If, in a case where this section applies, an intermediate company also pays a dividend which is not an intermediate dividend (an “*independent dividend*”) and either—
- (a) that dividend is paid to a United Kingdom resident, or
- (b) if it is not so paid, a dividend which to any extent represents it is paid by a company which is related to that company and resident outside the United Kingdom to a United Kingdom resident,
subsection (9) below shall have effect in relation to the United Kingdom resident.
- (9) Where this subsection has effect, it shall be assumed for the purposes of allowing credit relief under this Part to the United Kingdom resident—
- (a) that the relevant profits out of which the independent dividend is to be regarded for the purposes of section 799(1) as paid by the intermediate company are, in consequence of subsection (6) above, to be treated as being of such constitution and amount as remains after excluding so much of those relevant profits as constitute the whole or any part of the distributable profits out of which the ADP dividends are paid; and
- (b) that any tax paid under the law of any territory in respect of the independent dividend, or which is underlying tax in relation to that dividend, had instead fallen to be borne accordingly (taking account of any reduction falling to be made under section 799(2)).
- (10) For the purposes of this section—
- (a) a controlled foreign company is an “ADP controlled foreign company" as respects any of its accounting periods if the condition in paragraph (a) of subsection (1) above is satisfied as respects that accounting period;
- (b) an “initial dividend" (subject to subsection (14) below) is any of the dividends mentioned in paragraph (b) of subsection (1) above paid by an ADP controlled foreign company; and
- (c) a “*subsequent dividend*” is any dividend which, in relation to one or more initial dividends, is the subsequent dividend for the purposes of paragraph 4 of Schedule 25.
- (11) In this section—
- “*distributable profits*” means a company’s profits available for distribution, determined in accordance with section 799(6);
- “*intermediate company*” means any company resident outside the United Kingdom which pays an intermediate dividend;
- “*intermediate dividend*” means any dividend which is paid by a company resident outside the United Kingdom and which—for the purposes of paragraph 4 of Schedule 25, to any extent represents one or more initial dividends paid by other companies; andeither is the subsequent dividend in the case of those initial dividends or is itself to any extent represented for those purposes by a subsequent dividend;
- “*the UK recipient*” means the United Kingdom resident to whom a subsequent dividend is paid.
- (12) Where—
- (a) one company pays a dividend (“*dividend A*”) to another company, and
- (b) that other company, or a company which is related to it, pays a dividend (“*dividend B*”) to another company,
then, for the purposes of this section, dividend B represents dividend A, and dividend A is represented by dividend B, to the extent that dividend B is paid out of profits which are derived, directly or indirectly, from the whole or part of dividend A.
- (13) Sub-paragraph (2) of paragraph 4 of Schedule 25 (related companies) shall apply for the purposes of this section as it applies for the purposes of that paragraph.
- (14) Where an intermediate company which is an ADP controlled foreign company pays a dividend—
- (a) by virtue of which (whether taken alone or with other dividends) the condition in subsection (1)(a) above is satisfied as regards an accounting period of the company, but
- (b) which also for the purposes of paragraph 4 of Schedule 25 to any extent represents one or more initial dividends paid by other ADP controlled foreign companies,
the dividend shall not be regarded for the purposes of this section as an initial dividend paid by the company, to the extent that it so represents initial dividends paid by other ADP controlled foreign companies.
##### 803A
- (1) This section applies in any case where, under the law of a territory outside the United Kingdom, tax is payable by any one company resident in that territory (“*the responsible company*”) in respect of the aggregate profits, or aggregate profits and aggregate gains, of that company and one or more other companies so resident, taken together as a single taxable entity.
- (1A) Where—
- (a) a company is (within the meaning of section 801) an ADP controlled foreign company as respects any of its accounting periods, and
- (b) the whole or any part of the profits or gains of that accounting period are included in the aggregate profits, or aggregate profits or gains, mentioned in subsection (1) above,
subsection (2) below shall have effect as if the companies mentioned in subsection (1) above did not include that company.
- (2) Where this section applies, this Part shall have effect, so far as relating to the determination of underlying tax in relation to any dividend paid by any of the companies mentioned in subsection (1) above (the “*non-resident companies*”) to another company (“*the recipient company*”), as if—
- (a) the non-resident companies, taken together, were a single company,
- (b) anything done by or in relation to any of the non-resident companies (including the payment of the dividend) were done by or in relation to that single company, and
- (c) that single company were related to the recipient company, if that one of the non-resident companies which actually pays the dividend is related to the recipient company,
(so that, in particular, the relevant profits for the purposes of section 799(1) is a single aggregate figure in respect of that single company and the foreign tax paid by the responsible company is foreign tax paid by that single company).
- (3) For the purposes of this section a company is related to another company if that other company—
- (a) controls directly or indirectly, or
- (b) is a subsidiary of a company which controls directly or indirectly,
not less than 10 per cent. of the voting power in the first-mentioned company.
##### 804ZA
- (1) If the Board consider, on reasonable grounds, that conditions A to D are or may be satisfied in relation to any income or chargeable gain taken or to be taken into account for the purposes of determining a person's liability to tax in a chargeable period, they may give the person a notice under this section.
- (2) Condition A is that, in the case of the person, there is in respect of the income or gain an amount of foreign tax for which, under any arrangements, credit is allowable against United Kingdom tax for that chargeable period.
- (3) Condition B is that there is a scheme or arrangement the main purpose, or one of the main purposes, of which is to cause an amount of foreign tax to be taken into account in the case of the person for that chargeable period.
- (4) Condition C is that the scheme or arrangement is a prescribed scheme or arrangement.
- (5) Condition D is that the amount referred to in subsection (6) is more than a minimal amount.
- (6) The amount is the aggregate of—
- (a) the aggregate amount of the claims for credit that the person has made, or is in a position to make, for the chargeable period; and
- (b) for all the persons connected to that person, the aggregate amount of the claims for credit that the connected person has made, or is in a position to make, for a corresponding chargeable period.
- (7) A chargeable period of a person (“A”) corresponds to a chargeable period of another person (“B”) if at least one day of A's chargeable period falls within B's chargeable period.
- (8) A notice under this section is a notice—
- (a) informing the person of the Board's view under subsection (1),
- (b) specifying the chargeable period in relation to which the Board formed that view,
- (c) if the amount of foreign tax considered by the Board to satisfy condition B is an amount of underlying tax, specifying the body corporate . . . whose payment of foreign tax is relevant to that underlying tax, and
- (d) informing the person that as a consequence section 804ZB has effect in relation to him.
- (9) A notice under this section may specify the adjustments of a person's tax return that, in the view of the Board, fall to be made by him under section 804ZB(2).
- (10) The adjustments specified may, in a case where the notice given to a person specifies a body corporate resident outside the United Kingdom, include treating the body corporate as having paid or being liable to pay only so much foreign tax as would have been allowed to it as a credit if it were resident in the United Kingdom and a notice under this section had been given to it as regards an amount of foreign tax.
- (11) Schedule 28AB makes provision about what constitutes a prescribed scheme or arrangement.
- (11A) In this section “*foreign tax*” includes any tax which for the purpose of allowing credit under any arrangements against corporation tax is treated by section 801 as if it were tax payable under the law of any territory outside the United Kingdom.
- (12) In this section and sections 804ZB and 804ZC “*tax return*” means—
- (a) a return under section 8, 8A or 12AA of the Management Act, or
- (b) a company tax return;
and “*company tax return*” means the return required to be delivered pursuant to a notice under paragraph 3 of Schedule 18 to the Finance Act 1998, as read with paragraph 4 of that Schedule.
##### 804ZB
- (1) This section applies in relation to a person if—
- (a) a notice under section 804ZA has been given to the person in respect of a chargeable period specified in the notice, and
- (b) the chargeable period specified is a chargeable period in relation to which conditions A to D of section 804ZA are satisfied.
- (2) The person must in his tax return for the period make (or must amend his return for the period so as to make) such adjustments as are necessary for counteracting the effects of the scheme or arrangement in that period that are referable to the purpose referred to in condition B of section 804ZA.
##### 804ZC
- (1) Subsection (2) applies if the Board give a notice to a person under section 804ZA before the person has made his tax return for the chargeable period specified in the notice.
- (2) If the person makes a tax return for that period before the end of the period of 90 days beginning with the day on which the notice is given, he may—
- (a) make a tax return that disregards the notice, and
- (b) at any time after making the return and before the end of the period of 90 days, amend the return for the purpose of complying with the notice.
- (3) If a person has made a tax return for a chargeable period, the Board may only give him a notice under section 804ZA in relation to that period if a notice of enquiry has been given to him in respect of his tax return for that period.
- (4) After any enquiries into the person's tax return for that period have been completed, the Board may only give him a notice under section 804ZA in relation to that period if the requirements in subsections (5) and (7) are satisfied.
- (5) The first requirement is that at the time the enquiries were completed, the Board could not have been reasonably expected, on the basis of the information made available to them or to an officer of theirs before that time, to have been aware that the circumstances were such that a notice under section 804ZA could have been given to the person in relation to that period.
- (6) For the purposes of subsection (5)—
- (a) section 29(6) and (7) of the Management Act (information made available) applies as it applies for the purposes of section 29(5), and
- (b) paragraph 44(2) and (3) of Schedule 18 to the Finance Act 1998 applies as it applies for the purposes of paragraph 44(1).
- (7) The second requirement is that—
- (a) the person was requested to produce, provide or furnish information during an enquiry into the return for that period, and
- (b) if the person had duly complied with the request, the Board could have been reasonably expected to give the person a notice under section 804ZA in relation to that period.
- (8) If a person is given a notice under section 804ZA in relation to a chargeable period after having made a tax return for that period, the person may amend the return for the purpose of complying with the notice at any time before the end of the period of 90 days beginning with the day on which the notice is given.
- (9) If the notice under section 804ZA is given to the person after he has been given a notice of enquiry in respect of his tax return for the period, no closure notice may be given in relation to his tax return until—
- (a) the end of the period of 90 days beginning with the day on which the notice under section 804ZA is given, or
- (b) the earlier amendment of the return for the purpose of complying with the notice.
- (10) If the notice under section 804ZA is given to the person after any enquiries into the return for the period are completed, no discovery assessment may be made as regards the income or chargeable gain to which the notice relates until—
- (a) the end of the period of 90 days beginning with the day on which the notice under section 804ZA is given, or
- (b) the earlier amendment of the return for the purpose of complying with the notice.
- (11) Subsections (2)(b) and (8) do not prevent a person's tax return for a chargeable period becoming incorrect if—
- (a) a notice under section 804ZA is given to the person in relation to that period,
- (b) the return is not amended in accordance with subsection (2)(b) or (8) for the purpose of complying with the notice, and
- (c) the return ought to have been so amended.
- (12) In this section—
- “*closure notice*” means a notice under—section 28A or 28B of the Management Act, orparagraph 32 of Schedule 18 to the Finance Act 1998;
- “*discovery assessment*” means an assessment under—section 29 of the Management Act, orparagraph 41 of Schedule 18 to the Finance Act 1998;
- “*notice of enquiry*” means a notice under—section 9A or 12AC of the Management Act, orparagraph 24 of Schedule 18 to the Finance Act 1998.
##### 804A
- (1) Subsection (2) below applies where credit for tax—
- (a) which is payable under the laws of a territory outside the United Kingdom in respect of insurance business carried on by a company through a permanent establishment in that territory, and
- (b) which is computed otherwise than wholly by reference to profits arising in that territory,
is to be allowed (in accordance with this Part) against corporation tax charged under Case I or Case VI of Schedule D in respect of the profits, computed in accordance with the provisions applicable to Case I of Schedule D, of life assurance business or gross roll-up business carried on by the company in an accounting period (in this section referred to as “*the relevant profits*”).
- (1A) For the purposes of paragraph (b) of subsection (1) above, the cases where tax payable under the laws of a territory outside the United Kingdom is “*computed otherwise than wholly by reference to profits arising in that territory*” are those cases where the charge to tax in that territory falls within subsection (1B) below.
- (1B) A charge to tax falls within this subsection if it is such a charge made otherwise than by reference to profits as (by disallowing their deduction in computing the amount chargeable) to require sums payable and other liabilities arising under policies to be treated as sums or liabilities falling to be met out of amounts subject to tax in the hands of the company.
- (2) Where this subsection applies, the amount of the credit shall not exceed the greater of—
- (a) any such part of the tax payable under the laws of the territory outside the United Kingdom as is charged by reference to profits arising in that territory, and
- (b) the shareholders’ share of the tax so payable.
- (3) For the purposes of subsection (2) above the shareholders’ share of tax payable under the laws of a territory outside the United Kingdom is so much of that tax as is represented by the fraction
$$AB$where— A is an amount equal to the amount of the relevant profits before making any deduction authorised by subsection (5) below; andB is an amount equal to the excess of—$
- (a) the amount taken into account as receipts of the company in computing those profits, apart from premiums and sums received by virtue of a claim under a reinsurance contract, over
- (b) the amounts taken into account as expenses . . . in computing those profits.
- (4) Where there is no such excess as is mentioned in subsection (3) above, or where the profits are greater than any excess, the whole of the tax payable under the laws of the territory outside the United Kingdom shall be the shareholders’ share; and (subject to that) where there are no profits, none of it shall be the shareholders’ share.
- (5) Where, by virtue of this section, the credit for any tax payable under the laws of a territory outside the United Kingdom is less than it otherwise would be, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the relevant profits.
##### 804B
- (1) Where—
- (a) an insurance company carries on more than one category of long-term business in an accounting period, and
- (b) there arises to the company in that period any income or gain (“*the relevant income*”) in respect of which credit for foreign tax falls to be allowed under any arrangements,
subsection (2) below shall have effect.
- (2) In any such case, the amount of the credit for foreign tax which, under the arrangements, is allowable against corporation tax in respect of so much of the relevant income as is referable (in accordance with the provisions of sections 432ZA to 432E . . . ) to a particular category of business must not exceed the fraction of the foreign tax which, in accordance with the following provisions of this section, is attributable to that category of business.
- (3) Where the relevant income arises from an asset which is linked solely to a category of business, the whole of the foreign tax is attributable to that category of business, unless the case is one where subsection (7) below applies.
- (3A) Where the relevant income arises from foreign business assets, the whole of the foreign tax is attributable to gross roll-up business, unless the case is one where subsection (7) below applies.
- (4) Where subsection (3) above does not apply and the category of business in question is—
- (a) basic life assurance and general annuity business, or
- (b) PHI business,
the fraction of the foreign tax that is attributable to that category of business is the fraction whose numerator is the part of the relevant income which is referable to that category by virtue of any provision of section 432A . . . and whose denominator is the whole of the relevant income.
- (5) Subsections (6) and (7) below apply where the category of business in question is gross roll-up business.
- (6) Where—
- (a) subsection (3) above does not apply, and
- (b) some or all of the relevant income is taken into account in accordance with section 83 of the Finance Act 1989 in an account in relation to which the provisions of section 432C . . . apply,
the fraction of the foreign tax that is attributable to gross roll-up business is the fraction whose numerator is the part of the relevant income which is referable to gross roll-up business by virtue of any provision of section 432C . . . and whose denominator is the whole of the relevant income.
- (7) Where some or all of the relevant income falls to be taken into account in determining in accordance with section 83(2) of the Finance Act 1989 the amount referred to in section 432E(1) as the net amount, the fraction of the foreign tax that is attributable to gross roll-up business is the fraction—
- (a) whose numerator is the part of the investment income taken into account in that determination which would be referable to gross roll-up business by virtue of section 432E if the investment income were the only amount included in the net amount; and
- (b) whose denominator is the whole of that investment income.
- (7A) The Treasury may by regulations amend subsection (7) above; and the regulations may include amendments having effect in relation to accounting periods during which they are made.
- (8) No part of the foreign tax is attributable to any category of business except as provided by subsections (3) to (7) above.
- (9) Where for the purposes of this section an amount of foreign tax is attributable to gross roll-up business, credit in respect of the foreign tax so attributable shall be allowed only against corporation tax in respect of profits chargeable under section 436A.
##### 804C
- (1) Where—
- (a) an insurance company carries on any category of insurance business in a period of account,
- (b) a computation in accordance with the provisions applicable to Case I of Schedule D falls to be made in relation to that category of business for that period, and
- (c) there arises to the company in that period any income or gain in respect of which credit for foreign tax falls to be allowed under any arrangements,
subsection (2) below shall have effect.
- (2) In any such case, the amount of the credit for foreign tax which, under the arrangements, is to be allowed against corporation tax in respect of so much of that income or gain as is referable to the category of business concerned (“*the relevant income*”) shall be limited by treating the amount of the relevant income as reduced in accordance with subsections (3) and (4) below.
- (3) The first limitation is to treat the amount of the relevant income as reduced (but not below nil) for the purposes of this Chapter by the amount of expenses (if any) attributable to the relevant income.
- (4) If—
- (a) the amount of the relevant income after any reduction under subsection (3) above,
exceeds
- (b) the relevant fraction of the profits of the category of business concerned for the period of account in question which are chargeable to corporation tax,
the second limitation is to treat the relevant income as further reduced (but not below nil) for the purposes of this Chapter to an amount equal to that fraction of those profits.
In this subsection any reference to the profits of a category of business is a reference to those profits after the set off of any losses of that category of business which have arisen in any previous accounting period.
- (5) In determining the amount of the credit for foreign tax which is to be allowed as mentioned in subsection (2) above, the relevant income shall not be reduced except in accordance with that subsection.
- (6) For the purposes of subsection (3) above, the amount of expenses attributable to the relevant income is the appropriate fraction of the total relevant expenses of the category of business concerned for the period of account in question.
- (7) In subsection (6) above, the “*appropriate fraction*” means the fraction—
- (a) whose numerator is the amount of the relevant income before any reduction in accordance with subsection (2) above, and
- (b) whose denominator is the total income of the category of business concerned for the period of account in question,
unless the denominator so determined is nil, in which case the denominator shall instead be the amount described in subsection (8) below.
- (8) That amount is so much in total of the income and gains—
- (a) which arise to the company in the period of account in question, and
- (b) in respect of which credit for foreign tax falls to be allowed under any arrangements,
as are referable to the category of business concerned (before any reduction in accordance with subsection (2) above).
- (9) In subsection (4) above, the “*relevant fraction*” means the fraction—
- (a) whose numerator is the amount of the relevant income before any reduction in accordance with subsection (2) above; and
- (b) whose denominator is the amount described in subsection (8) above.
- (10) Where a 75 per cent subsidiary of an insurance company is acting in accordance with a scheme or arrangement and—
- (a) the purpose, or one of the main purposes, of that scheme or arrangement is to prevent or restrict the application of subsection (2) above to the insurance company, and
- (b) the subsidiary does not carry on insurance business of any description,
the amount of corporation tax attributable (apart from this subsection) to any item of income or gain arising to the subsidiary shall be found by setting off against that item the amount of expenses that would be attributable to it under subsection (3) above if that item had arisen directly to the insurance company.
- (11) Where the credit allowed for any tax payable under the laws of a territory outside the United Kingdom is, by virtue of subsection (2) above, less than it would be if the relevant income were not treated as reduced in accordance with that subsection, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the profits of the category of business concerned.
- (12) Where, by virtue of subsection (10) above, the credit allowed for any tax payable under the laws of a territory outside the United Kingdom is less than it would be apart from that subsection, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the income of the 75 per cent subsidiary.
- (13) For the purposes of the operation of this section in relation to any income or gain in respect of which credit falls to be allowed under any arrangements, the amount of the income or gain that is referable to a category of insurance business is the same fraction of the income and gain as the fraction of the foreign tax that is attributable to that category of business in accordance with section 804B.
- (14) This section shall be construed—
- (a) in accordance with section 804D, where the category of business concerned is life assurance business or gross roll-up business; and
- (b) in accordance with section 804E, where the category of business concerned is not life assurance business or gross roll-up business.
##### 804D
- (1) This section has effect for the interpretation of section 804C where the category of business concerned is life assurance business or gross roll-up business.
- (2) The “total income" of the category of business concerned for the period of account in question is the amount (if any) by which—
- (a) so much of the total income shown in the revenue account in the periodical return of the company concerned for that period as is referable to that category of business,
exceeds
- (b) so much of any commissions payable and any expenses of management incurred in connection with the acquisition of the business, as shown in that return, so far as referable to that category of business.
- (3) Where any amounts fall to be brought into account in accordance with section 83 of the Finance Act 1989, the amounts that are referable to the category of business concerned shall be determined for the purposes of subsection (2) above in accordance with sections 432B to 432G.
- (4) The “total relevant expenses" of the category of business concerned for any period of account is the amount of the claims incurred—
- (a) increased by any increase in the liabilities of the company, or
- (b) reduced (but not below nil) by any decrease in the liabilities of the company.
- (5) For the purposes of subsection (4) above, the amounts to be taken into account in the case of any period of account are the amounts as shown in the company’s periodical return for the period so far as referable to the category of business concerned.
##### 804E
- (1) This section has effect for the interpretation of section 804C where the category of business concerned is not life assurance business or gross roll-up business.
- (2) The “total income" of the category of business concerned for any period of account is the amount (if any) by which—
- (a) the sum of the amounts specified in subsection (3) below,
exceeds
- (b) the sum of the amounts specified in subsection (4) below.
- (3) The amounts mentioned in subsection (2)(a) above are—
- (a) earned premiums, net of reinsurance;
- (b) investment income and gains;
- (c) other technical income, net of reinsurance;
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The amounts mentioned in subsection (2)(b) above are—
- (a) acquisition costs;
- (b) the change in deferred acquisition costs;
- (c) losses on investments.
- (5) The “total relevant expenses" of the category of business concerned for any period of account is the sum of—
- (a) the claims incurred, net of reinsurance,
- (b) the changes in other technical provisions, net of reinsurance,
- (c) the change in the equalisation provision, and
- (d) investment management expenses,
unless that sum is a negative amount, in which case the total relevant expenses shall be taken to be nil.
- (6) The amounts to be taken into account for the purposes of the paragraphs of subsections (3) to (5) above are the amounts taken into account for the purposes of corporation tax.
- (7) Expressions used—
- (a) in the paragraphs of subsections (3) to (5) above, and
- (b) in the provisions of section B of Part 1 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (the required formats) which relate to the profit and loss account format (within the meaning of sub-paragraphs (1) and (2) of paragraph 1 of that Schedule),
have the same meaning in those paragraphs as they have in those provisions.
##### 804F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 804G
- (1) This section applies if—
- (a) credit for foreign tax falls to be allowed to a person (“P”) under any arrangements, and
- (b) a payment is made by a tax authority to P, or any person connected with P, by reference to the foreign tax.
- (2) The amount of that credit is to be reduced by an amount equal to that payment.
- (3) Section 839 applies for the purposes of determining whether or not a person is connected with P.
### Foreign dividends: onshore pooling and utilisation of eligible unrelieved foreign tax
##### 806A
- (1) This section applies where, in any accounting period of a company resident in the United Kingdom, an amount of eligible unrelieved foreign tax arises in respect of a dividend falling within subsection (2) below paid to the company.
- (2) The dividends that fall within this subsection are any dividends chargeable under Case V of Schedule D, other than—
- (a) any dividend which is trading income for the purposes of section 393;
- (b) any dividend which, in the circumstances described in paragraphs (a) and (b) of subsection (8) of section 393, would by virtue of that subsection fall to be treated as trading income for the purposes of subsection (1) of that section;
- (c) in a case where section 801A applies, the dividend mentioned in subsection (1)(b) of that section;
- (d) in a case where section 803 applies, the dividend mentioned in subsection (1)(b) of that section;
- (e) any dividend the amount of which is, under section 811, treated as reduced.
- (3) For the purposes of this section—
- (a) the cases where an amount of eligible unrelieved foreign tax arises in respect of a dividend falling within subsection (2) above are the cases set out in subsections (4) and (5) below; and
- (b) the amounts of eligible unrelieved foreign tax which arise in any such case are those determined in accordance with section 806B.
- (4) Case A is where—
- (a) the amount of the credit for foreign tax which under any arrangements would, apart from section 797, be allowable against corporation tax in respect of the dividend,
exceeds
- (b) the amount of the credit for foreign tax which under the arrangements is allowed against corporation tax in respect of the dividend.
- (5) Case B is where the amount of tax which, by virtue of any provision of any arrangements, falls to be taken into account as mentioned in section 799(1) in the case of the dividend (whether or not by virtue of section 801(2) or (3)) is less than it would be apart from the mixer cap.
But if that is so in any case by reason only of the mixer cap restricting the amount of underlying tax that is treated as mentioned in subsection (2) or (3) of section 801 in the case of a dividend paid by a company resident in the United Kingdom, the case does not fall within Case B.
- (6) In determining whether the circumstances are as set out in subsection (4) or (5) above, sections 806C and 806D shall be disregarded.
##### 806B
- (1) This section has effect for determining the amounts of eligible unrelieved foreign tax which arise in the cases set out in section 806A(4) and (5).
- (2) In Case A, the difference between—
- (a) the amount of the credit allowed as mentioned in section 806A(4)(b), and
- (b) the greater amount of the credit that would have been so allowed if, for the purposes of subsection (2) of section 797, the rate of corporation tax payable as mentioned in that subsection were the upper percentage,
shall be an amount of eligible unrelieved foreign tax.
- (3) In Case B, the amount (if any) by which—
- (a) the aggregate of the upper rate amounts falling to be brought into account for the purposes of this paragraph by virtue of subsection (4) or (5) below, exceeds
- (b) the amount of tax to be taken into account as mentioned in section 799(1) in the case of the Case V dividend, before any increase under section 801(4B),
shall be an amount of eligible unrelieved foreign tax.
- (4) In the case of the Case V dividend (but not any lower level dividend), the upper rate amount to be brought into account for the purposes of subsection (3)(a) above—
- (a) in a case where the mixer cap does not restrict the amount of tax to be taken into account as mentioned in section 799(1) (before any increase under section 801(4B)) in the case of that dividend, is that amount of tax; or
- (b) in a case where the mixer cap restricts the amount of tax to be so taken into account in the case of that dividend, is the greater amount that would have been so taken into account if, in the application of the formula in section 799(1A) in the case of that dividend (but not any lower level dividend) M% had, in relation to—
- (i) so much of D as does not represent any lower level dividend, and
- (ii) so much of U as is not underlying tax attributable to any lower level dividend,
been the upper percentage.
- (5) In the case of any dividend (the “*relevant dividend*”) received as mentioned in subsection (2) or (3) of section 801 which is a lower level dividend in relation to the Case V dividend, the upper rate amount to be brought into account for the purposes of subsection (3)(a) above—
- (a) in a case where the mixer cap does not restrict the amount of underlying tax that is treated as mentioned in subsection (2) or (3), as the case may be, of section 801 in the case of the relevant dividend, is the appropriate portion of that amount of underlying tax;
- (b) in a case where—
- (i) the relevant dividend was paid by a company resident in the United Kingdom, and
- (ii) the mixer cap restricts the amount of underlying tax that is treated as mentioned in subsection (2) or (3), as the case may be, of section 801 in the case of that dividend,
is the appropriate portion of that restricted amount of underlying tax; or
- (c) in a case where—
- (i) the relevant dividend was paid by a company resident outside the United Kingdom, and
- (ii) the mixer cap restricts the amount of underlying tax that is treated as mentioned in subsection (2) or (3), as the case may be, of section 801 in the case of that dividend,
is the appropriate portion of the greater amount of tax that would have been so treated if, in the application of the formula in section 799(1A) in the case of that dividend (but not any other dividend) M% had, in relation to so much of D as does not represent any lower level dividend, and so much of U as is not underlying tax attributable to any lower level dividend, been the upper percentage.
- (6) For the purposes of subsection (5) above, the “*appropriate portion*” of any amount there mentioned in the case of a dividend is found by multiplying that amount by the product of the reducing fractions for each of the higher level dividends.
- (7) For the purposes of subsection (6) above, the “*reducing fraction*” for any dividend is the fraction—
- (a) whose numerator is the amount of the dividend; and
- (b) whose denominator is the amount of the relevant profits (within the meaning of section 799(1)) out of which the dividend is paid.
- (8) Any reference in this section to any tax being restricted by the mixer cap in the case of any dividend is a reference to that tax being so restricted otherwise than by virtue only of the application of the mixer cap in the case of one or more lower level dividends.
- (9) For the purpose of determining the amount described in subsection (2)(b), (4)(b) or (5)(c) above, sections 806C and 806D shall be disregarded.
- (10) In this section—
- “*the Case V dividend*” means the dividend mentioned in section 806A(1);
- “*higher level dividend*”, in relation to another dividend, means any dividend—by which that other dividend is to any extent represented; andwhich either is the Case V dividend or is to any extent represented by the Case V dividend;
- “*lower level dividend*”, in relation to another dividend, means any dividend which—is received as mentioned in section 801(2) or (3); andis to any extent represented by that other dividend;
- “*the relevant tax*” means—in the case of the Case V dividend, the foreign tax to be taken into account as mentioned in section 799(1); andin the case of any other dividend, the amount of underlying tax to be treated as mentioned in section 801(2) or (3) in the case of the dividend.
##### 806C
- (1) In this section “qualifying foreign dividend" means any dividend which falls within section 806A(2), other than—
- (a) an ADP dividend paid by a controlled foreign company;
- (b) so much of any dividend paid by any company as represents an ADP dividend paid by another company which is a controlled foreign company;
- (c) a dividend in respect of which an amount of eligible unrelieved foreign tax arises.
- (2) For the purposes of this section—
- (a) a “related qualifying foreign dividend" is any qualifying foreign dividend paid to a company resident in the United Kingdom by a company which, at the time of payment of the dividend, is related to that company;
- (b) an “unrelated qualifying foreign dividend" is any qualifying foreign dividend which is not a related qualifying foreign dividend.
- (3) For the purposes of giving credit relief under this Part to a company resident in the United Kingdom—
- (a) the related qualifying foreign dividends that arise to the company in an accounting period shall be aggregated;
- (b) the unrelated qualifying foreign dividends that arise to the company in an accounting period shall be aggregated;
- (c) the underlying tax in relation to the related qualifying foreign dividends that arise to the company in an accounting period shall be aggregated;
- (d) so much of the foreign tax paid in respect of the qualifying foreign dividends that arise to the company in an accounting period as is not underlying tax shall be aggregated.
- (4) Credit relief under this Part shall be given as if—
- (a) the related qualifying foreign dividends aggregated under paragraph (a) of subsection (3) above in the case of any accounting period instead together constituted a single related qualifying foreign dividend arising in that accounting period (“*the single related dividend*” arising in that accounting period);
- (b) the unrelated qualifying foreign dividends aggregated under paragraph (b) of that subsection in the case of any accounting period instead together constituted a single unrelated qualifying foreign dividend arising in that accounting period (“*the single unrelated dividend*” arising in that accounting period);
- (c) the underlying tax aggregated under paragraph (c) of that subsection for any accounting period were instead underlying tax in relation to the single related dividend arising in that accounting period (the “aggregated underlying tax" in respect of the single related dividend);
- (d) the tax aggregated under paragraph (d) of that subsection for any accounting period were instead foreign tax (other than underlying tax) paid in respect of, and computed by reference to,—
- (i) the single related dividend arising in that accounting period,
- (ii) the single unrelated dividend so arising, or
- (iii) partly the one dividend and partly the other,
(that aggregated tax being referred to as the “*aggregated withholding tax*”).
- (5) For the purposes of this section, a dividend paid by a controlled foreign company is an “*ADP dividend*” if it is a dividend by virtue of which (whether in whole or in part and whether taken alone or with one or more other dividends) no apportionment under section 747(3) falls to be made as regards an accounting period of the controlled foreign company in a case where such an apportionment would fall to be made apart from section 748(1)(a).
##### 806D
- (1) For the purposes of this section, where—
- (a) any eligible unrelieved foreign tax arises in an accounting period of a company, and
- (b) the dividend in relation to which it arises is paid by a company which, at the time of payment of the dividend, is related to that company,
that tax is “eligible underlying tax" to the extent that it consists of or represents underlying tax.
- (2) To the extent that any eligible unrelieved foreign tax is not eligible underlying tax it is for the purposes of this section “*eligible withholding tax*”.
- (3) For the purposes of giving credit relief under this Part to a company resident in the United Kingdom—
- (a) the amounts of eligible underlying tax that arise in an accounting period of the company shall be aggregated (that aggregate being referred to as the “relievable underlying tax" arising in that accounting period); and
- (b) the amounts of eligible withholding tax that arise in an accounting period of the company shall be aggregated (that aggregate being referred to as the “relievable withholding tax" arising in that accounting period).
- (4) The relievable underlying tax arising in an accounting period of the company shall be treated for the purposes of allowing credit relief under this Part as if it were—
- (a) underlying tax in relation to the single related dividend that arises in the same accounting period,
- (b) relievable underlying tax arising in the next accounting period (whether or not any related qualifying foreign dividend in fact arises to the company in that accounting period), or
- (c) underlying tax in relation to the single related dividend that arises in such one or more preceding accounting periods as result from applying the rules in section 806E,
or partly in one of those ways and partly in each or either of the others.
- (5) The relievable withholding tax arising in an accounting period of the company shall be treated for the purposes of allowing credit relief under this Part as if it were—
- (a) foreign tax (other than underlying tax) paid in respect of, and computed by reference to, the single related dividend or the single unrelated dividend that arises in the same accounting period,
- (b) relievable withholding tax arising in the next accounting period (whether or not any qualifying foreign dividend in fact arises to the company in that accounting period), or
- (c) foreign tax (other than underlying tax) paid in respect of, and computed by reference to, the single related dividend or the single unrelated dividend that arises in such one or more preceding accounting periods as result from applying the rules in section 806E,
or partly in one of those ways and partly in any one or more of the others.
- (6) The amount of relievable underlying tax or relievable withholding tax arising in an accounting period that is treated—
- (a) under subsection (4)(a) or (c) above as underlying tax in relation to the single related dividend arising in the same or any earlier accounting period, or
- (b) under subsection (5)(a) or (c) above as foreign tax paid in respect of, and computed by reference to, the single related dividend or the single unrelated dividend arising in the same or any earlier accounting period,
must not be such as would cause an amount of eligible unrelieved foreign tax to arise in respect of that dividend.
##### 806E
- (1) Where any relievable tax is to be treated as mentioned in section 806D(4)(c) or (5)(c), the rules for determining the accounting periods in question (and the amount of the relievable tax to be so treated in relation to each of them) are those set out in the following provisions of this section.
- (2) Rule 1 is that the accounting periods in question must be accounting periods beginning not more than three years before the accounting period in which the relievable tax arises.
- (3) Rule 2 is that the relievable tax must be so treated that—
- (a) credit for, or for any remaining balance of, the relievable tax is allowed against corporation tax in respect of the single dividend arising in a later one of the accounting periods beginning as mentioned in rule 1 above,
before
- (b) credit for any of the relievable tax is allowed against corporation tax in respect of the single dividend arising in any earlier such accounting period.
- (4) Rule 3 is that the relievable tax must be so treated that, before allowing credit for any of the relievable tax against corporation tax in respect of the single dividend arising in any accounting period, credit for foreign tax is allowed—
- (a) first for the aggregated foreign tax in respect of the single dividend arising in that accounting period, so far as not consisting of relievable tax arising in another accounting period; and
- (b) then for relievable tax arising in any accounting period before that in which the relievable tax in question arises.
- (5) The above rules are subject to sections 806D(6) and 806F.
- (6) In this section—
- “*aggregated foreign tax*” means aggregated underlying tax or aggregated withholding tax;
- “*relievable tax*” means relievable underlying tax or relievable withholding tax;
- “*the single dividend*” means—in relation to relievable underlying tax, the single related dividend; andin relation to relievable withholding tax, the single related dividend or the single unrelated dividend.
##### 806F
- (1) For the purposes of this Part, credit in accordance with any arrangements shall, in the case of any dividend, be given so far as possible—
- (a) for underlying tax (where allowable) before foreign tax other than underlying tax;
- (b) for foreign tax other than underlying tax before amounts treated as underlying tax; and
- (c) for amounts treated as underlying tax (where allowable) before amounts treated as foreign tax other than underlying tax.
- (2) Accordingly, where the amount of foreign tax to be brought into account for the purposes of allowing credit relief under this Part is subject to any limitation or restriction, the limitation or restriction shall be taken to have the effect of excluding foreign tax other than underlying tax before excluding underlying tax.
##### 806G
- (1) The relievable underlying tax or relievable withholding tax arising in any accounting period shall only be treated as mentioned in subsection (4) or (5) of section 806D on a claim.
- (2) Any such claim must specify the amount (if any) of that tax—
- (a) which is to be treated as mentioned in paragraph (a) of the subsection in question;
- (b) which is to be treated as mentioned in paragraph (b) of that subsection; and
- (c) which is to be treated as mentioned in paragraph (c) of that subsection.
- (3) A claim under subsection (1) above may only be made before the expiration of the period of—
- (a) six years after the end of the accounting period mentioned in that subsection; or
- (b) if later, one year after the end of the accounting period in which the foreign tax in question is paid.
##### 806H
- (1) The Board may by regulations make provision for, or in connection with, allowing a company which is a member of a group to surrender all or any part of the amount of the relievable tax arising to it in an accounting period to another company which is a member of that group at the time, or throughout the period, prescribed by the regulations.
- (2) The provision that may be made under subsection (1) above includes provision—
- (a) prescribing the conditions which must be satisfied if a surrender is to be made;
- (b) determining the amount of relievable tax which may be surrendered in any accounting period;
- (c) prescribing the conditions which must be satisfied if a claim to surrender is to be made;
- (d) prescribing the consequences for tax purposes of a surrender having been made;
- (e) allowing a claim to be withdrawn and prescribing the effect of such a withdrawal.
- (3) Regulations under subsection (1) above—
- (a) may make different provision for different cases; and
- (b) may contain such supplementary, incidental, consequential or transitional provision as the Board may think fit.
- (4) For the purposes of subsection (1) above a company is a member of a group if the conditions prescribed for that purpose in the regulations are satisfied.
##### 806J
- (1) This section has effect for the interpretation of the foreign dividend provisions of this Chapter.
- (2) In this section, “*the foreign dividend provisions of this Chapter*” means sections 806A to 806H and this section.
- (3) For the purposes of the foreign dividend provisions of this Chapter, where—
- (a) one company pays a dividend (“*dividend A*”) to another company, and
- (b) that other company, or a company which is related to it, pays a dividend (“*dividend B*”) to another company,
dividend B represents dividend A, and dividend A is represented by dividend B, to the extent that dividend B is paid out of profits which are derived, directly or indirectly, from the whole or part of dividend A.
- (4) Where—
- (a) one company is related to another, and
- (b) that other is related to a third company,
the first company shall be taken for the purposes of paragraph (b) of subsection (3) above to be related to the third, and so on where there is a chain of companies, each of which is related to the next.
- (5) In any case where—
- (a) a company resident outside the United Kingdom pays a dividend to a company resident in the United Kingdom, and
- (b) the circumstances are such that subsection (6)(b) of section 790 has effect in relation to that dividend,
the foreign dividend provisions of this Chapter shall have effect as if the company resident outside the United Kingdom were related to the company resident in the United Kingdom (and subsection (10) of that section shall have effect accordingly).
- (6) Subsection (5) of section 801 (related companies) shall apply for the purposes of the foreign dividend provisions of this Chapter as it applies for the purposes of that section.
- (7) In the foreign dividend provisions of this Chapter—
- “*aggregated underlying tax*” shall be construed in accordance with section 806C(4)(c);
- “*aggregated withholding tax*” shall be construed in accordance with section 806C(4)(d);
- “*controlled foreign company*” has the same meaning as in Chapter IV of Part XVII;
- “*eligible unrelieved foreign tax*” shall be construed in accordance with sections 806A and 806B;
- “*the mixer cap*” means section 799(1)(b);
- “*qualifying foreign dividend*” has the meaning given by section 806C(1);
- “*related qualifying foreign dividend*” has the meaning given by section 806C(2)(a);
- “*relievable tax*” has the meaning given by section 806E(6);
- “*relievable underlying tax*” shall be construed in accordance with 806D(3)(a);
- “*relievable withholding tax*” shall be construed in accordance with 806D(3)(b);
- “*single related dividend*” shall be construed in accordance with section 806C(4)(a);
- “*single unrelated dividend*” shall be construed in accordance with section 806C(4)(b);“the upper percentage" is 45 per cent.
### Application of foreign dividend provisions to branches or agencies in the UK of persons resident elsewhere
##### 806K
- (1) Sections 806A to 806J shall apply in relation to an amount of eligible unrelieved foreign tax arising in a chargeable period in respect of any of the income of a branch or agency in the United Kingdom of a person resident outside the United Kingdom as they apply in relation to eligible unrelieved foreign tax arising in an accounting period of a company resident in the United Kingdom in respect of any of the company’s income, but with the modifications specified in subsection (2) below.
- (2) Those modifications are—
- (a) take any reference to an accounting period as a reference to a chargeable period;
- (b) take any reference to corporation tax as including a reference to income tax;
- (bb) in relation to income tax, take any reference to a dividend chargeable under Case V of Schedule D as a reference to a dividend chargeable under Chapter 4 of Part 4 of ITTOIA 2005;
- (c) take the reference in section 806A(4)(a) to section 797 as a reference to sections 796 and 797;
- (d) in relation to income tax, for subsection (2) of section 806B substitute the subsection (2) set out in subsection (3) below.
- (3) That subsection is—
- (“) In Case A, the difference between—
- (a) the amount of the credit allowed as mentioned in section 806A(4)(b), and
- (b) the greater amount of credit that would have been so allowed if, for the purposes of section 796, the amount of income tax borne on the dividend as computed under that section were charged at a rate equal to the upper percentage,
shall be an amount of eligible unrelieved foreign tax. ".
### Unrelieved foreign tax: profits of overseas branch or agency
##### 806L
- (1) This section applies where, in any accounting period of a company resident in the United Kingdom, an amount of unrelieved foreign tax arises in respect of any of the company’s qualifying income from an overseas permanent establishment of the company.
- (2) The amount of the unrelieved foreign tax so arising shall be treated for the purposes of allowing credit relief under this Part as if it were foreign tax paid in respect of, and computed by reference to, the company’s qualifying income from the same overseas permanent establishment—
- (a) in the next accounting period (whether or not the company in fact has any such income from that source in that accounting period), or
- (b) in such one or more preceding accounting periods, beginning not more than three years before the accounting period in which the unrelieved foreign tax arises, as result from applying the rules in subsection (3) below,
or partly in the one way and partly in the other.
- (3) Where any unrelieved foreign tax is to be treated as mentioned in paragraph (b) of subsection (2) above, the rules for determining the accounting periods in question (and the amount of the unrelieved foreign tax to be so treated in relation to each of them) are that the unrelieved foreign tax must be so treated under that paragraph—
- (1) that—
- (a) credit for, or for any remaining balance of, the unrelieved foreign tax is allowed against corporation tax in respect of income of a later one of the accounting periods beginning as mentioned in that paragraph,
before
- (b) credit for any of the unrelieved foreign tax is allowed against corporation tax in respect of income of any earlier such period;
- (2) that, before allowing credit for any of the unrelieved foreign tax against corporation tax in respect of income of any accounting period, credit for foreign tax is allowed—
- (a) first for foreign tax in respect of the income of that accounting period, other than unrelieved foreign tax arising in another accounting period; and
- (b) then for unrelieved foreign tax arising in any accounting period before that in which the unrelieved foreign tax in question arises.
- (4) For the purposes of this section, the cases where an amount of unrelieved foreign tax arises in respect of any of a company’s qualifying income from an overseas permanent establishment in an accounting period are those cases where—
- (a) the amount of the credit for foreign tax which under any arrangements would, apart from section 797, be allowable against corporation tax in respect of that income,
exceeds
- (b) the amount of the credit for foreign tax which under the arrangements is allowed against corporation tax in respect of that income;
and in any such case that excess is the amount of the unrelieved foreign tax in respect of that income.
- (5) For the purposes of this section, a company’s qualifying income from an overseas permanent establishment is the profits of the overseas permanent establishment which are—
- (a) chargeable under Case I of Schedule D; or
- (b) included in the profits of gross roll-up business chargeable under Case VI of Schedule D by virtue of section 436A.
- (6) Where (whether by virtue of this subsection or otherwise) an amount of unrelieved foreign tax arising in an accounting period falls to be treated under subsection (2) above for the purposes of allowing credit relief under this Part as foreign tax paid in respect of, and computed by reference to, qualifying income of an earlier accounting period, it shall not be so treated for the purpose of any further application of this section.
- (7) In this section—
- “*overseas permanent establishment*” means a permanent establishment through which a company carries on a trade in a territory outside the United Kingdom; and
- “*permanent establishment*”—if there are arrangements having effect under section 788 in relation to the territory concerned that define the expression, has the meaning given by those arrangements, andif there are no such arrangements, or if they do not define the expression, has the meaning given by section 148 of the Finance Act 2003.
##### 806M
- (1) This section has effect for the purposes of section 806L and shall be construed as one with that section.
- (2) If, in any accounting period, a company ceases to have a particular overseas permanent establishment, the amount of any unrelieved foreign tax which arises in that accounting period in respect of the company’s income from that overseas permanent establishment shall, to the extent that it is not treated as mentioned in section 806L(2)(b), be reduced to nil (so that no amount arises which falls to be treated as mentioned in section 806L(2)(a)).
- (3) If a company—
- (a) at any time ceases to have a particular overseas permanent establishment in a particular territory (“*the old permanent establishment*”), but
- (b) subsequently again has an overseas permanent establishment in that territory (“*the new permanent establishment*”),
the old permanent establishment and the new permanent establishment shall be regarded as different overseas permanent establishments.
- (4) If, under the law of a territory outside the United Kingdom, tax is charged in the case of a company resident in the United Kingdom in respect of the profits of two or more of its overseas permanent establishments in that territory, taken together, then, for the purposes of—
- (a) section 806L, and
- (b) subsection (3) above,
those overseas permanent establishments shall be treated as if they together constituted a single overseas permanent establishment of the company.
- (5) Unrelieved foreign tax arising in respect of qualifying income from a particular overseas permanent establishment in any accounting period shall only be treated as mentioned in subsection (2) of section 806L on a claim.
- (6) Any such claim must specify the amount (if any) of the unrelieved foreign tax—
- (a) which is to be treated as mentioned in paragraph (a) of that subsection; and
- (b) which is to be treated as mentioned in paragraph (b) of that subsection.
- (7) A claim under subsection (5) above may only be made before the expiration of the period of—
- (a) six years after the end of the accounting period mentioned in that subsection, or
- (b) if later, one year after the end of the accounting period in which the foreign tax in question is paid.
##### 807A
- (1) This Part shall have effect for the purposes of corporation tax in relation to any company as if tax falling within subsection (2) below were to be disregarded.
- (2) Subject to subsection (2A) below, tax falls within this subsection in relation to a company to the extent that it is—
- (a) tax under the law of a territory outside the United Kingdom; and
- (b) is attributable, on a just and reasonable apportionment,
- (i) to interest accruing under a loan relationship at a time when the company is not a party to the relationship ; or
- (ii) to so much of a relevant payment as, on such an apportionment, is attributable to a time when the company is not a party to the derivative contract concerned.
- (2A) Tax attributable to interest accruing to a company under a loan relationship does not fall within subsection (2) above if—
- (a) at the time when the interest accrues, that company has ceased to be a party to that relationship by reason of having made the initial transfer under or in accordance with any repo or stock-lending arrangements relating to that relationship; and
- (b) that time falls during the period for which those arrangements have effect.
- (2B) Where, in the case of any share, section 91A or 91B of the Finance Act 1996 (shares treated as loan relationships) applies in relation to a company for an accounting period, this section has effect—
- (a) in relation to a distribution in respect of the share as it has effect in relation to interest under a loan relationship, and
- (b) in relation to a distribution accruing in respect of the share at a time when the company does not (within the meaning of the section in question) hold the share as it applies in relation to interest accruing under a loan relationship at a time when the company is not a party to the loan relationship.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6A) In this section “*repo or stock-lending arrangements*” means—
- (a) a debtor repo within the meaning of paragraph 2 of Schedule 13 to the Finance Act 2007, or
- (b) a stock lending arrangement within the meaning of section 263B of the 1992 Act.
- (6B) In any case where a debtor repo within the meaning of that paragraph constitutes the repo or stock-lending arrangements—
- (a) a reference in this section, in relation to those arrangements, to the initial transfer is to the sale mentioned in condition C of that paragraph; and
- (b) a reference in this section, in relation to those arrangements, to the period for which they have effect is to the period from the making of the initial transfer until the earlier of the time when the subsequent purchase mentioned in condition D of that paragraph takes place and the time when it becomes apparent that that subsequent purchase will not take place.
- (6C) In any case where a stock lending arrangement within the meaning of section 263B of the 1992 Act constitutes the repo or stock-lending arrangements—
- (a) a reference in this section, in relation to those arrangements, to the initial transfer is to the transfer mentioned in subsection (1)(a) of that section; and
- (b) a reference in this section, in relation to those arrangements, to the period for which they have effect is to the period from the making of the initial transfer until the earlier of the time when the transfer mentioned in subsection (1)(b) of that section takes place and the time when it becomes apparent that that transfer will not take place.
- (7) In this section—
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*relevant payment*” means a payment the amount of which falls to be determined (wholly or mainly) by applying to a notional principal amount specified in a derivative contract, for a period so specified, a rate the value of which at all times is the same as that of a rate of interest so specified;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 808A
- (1) Subsection (2) below applies where any arrangements having effect by virtue of section 788—
- (a) make provision, whether for relief or otherwise, in relation to interest (as defined in the arrangements), and
- (b) make provision (the special relationship provision) that where owing to a special relationship the amount of the interest paid exceeds the amount which would have been paid in the absence of the relationship, the provision mentioned in paragraph (a) above shall apply only to the last-mentioned amount.
- (2) The special relationship provision shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the loan would have been made at all in the absence of the relationship,
- (b) the amount which the loan would have been in the absence of the relationship, and
- (c) the rate of interest and other terms which would have been agreed in the absence of the relationship.
- (3) The special relationship provision shall be construed as requiring the taxpayer to show that there is no special relationship or (as the case may be) to show the amount of interest which would have been paid in the absence of the special relationship.
- (4) In a case where—
- (a) a company makes a loan to another company with which it has a special relationship, and
- (b) it is not part of the first company’s business to make loans generally,
the fact that it is not part of the first company’s business to make loans generally shall be disregarded in construing subsection (2) above.
- (5) Subsection (2) above does not apply where the special relationship provision expressly requires regard to be had to the debt on which the interest is paid in determining the excess interest (and accordingly expressly limits the factors to be taken into account).
##### 808B
- (1) Subsection (2) below applies where any arrangements having effect by virtue of section 788—
- (a) make provision, whether for relief or otherwise, in relation to royalties (as defined in the arrangements), and
- (b) make provision (the special relationship provision) that where owing to a special relationship the amount of the royalties paid exceeds the amount which would have been paid in the absence of the relationship, the provision mentioned in paragraph (a) above shall apply only to the last-mentioned amount.
- (2) The special relationship provision shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the agreement under which the royalties are paid would have been made at all in the absence of the relationship,
- (b) the rate or amounts of royalties and other terms which would have been agreed in the absence of the relationship, and
- (c) where subsection (3) below applies, the factors specified in subsection (4) below.
- (3) This subsection applies if the asset in respect of which the royalties are paid, or any asset which that asset represents or from which it is derived, has previously been in the beneficial ownership of—
- (a) the person who is liable to pay the royalties,
- (b) a person who is, or has at any time been, an associate of the person who is liable to pay the royalties,
- (c) a person who has at any time carried on a business which, at the time when the liability to pay the royalties arises, is being carried on in whole or in part by the person liable to pay those royalties, or
- (d) a person who is, or has at any time been, an associate of a person who has at any time carried on such a business as is mentioned in paragraph (c) above.
- (4) The factors mentioned in subsection (2)(c) above are—
- (a) the amounts which were paid under the transaction, or under each of the transactions in the series of transactions, as a result of which the asset has come to be an asset of the beneficial owner for the time being,
- (b) the amounts which would have been so paid in the absence of a special relationship, and
- (c) the question whether the transaction or series of transactions would have taken place in the absence of such a relationship.
- (5) The special relationship provision shall be construed as requiring the taxpayer to show—
- (a) the absence of any special relationship, or
- (b) the rate or amount of royalties that would have been payable in the absence of the relationship,
as the case may be.
- (6) The requirement on the taxpayer to show in accordance with subsection (5)(a) above the absence of any special relationship includes a requirement—
- (a) to show that no person of any of the descriptions in paragraphs (a) to (d) of subsection (3) above has previously been the beneficial owner of the asset in respect of which the royalties are paid, or of any asset which that asset represents or from which it is derived, or
- (b) to show the matters specified in subsection (7) below,
as the case may be.
- (7) Those matters are—
- (a) that the transaction or series of transactions mentioned in subsection (4)(a) above would have taken place in the absence of a special relationship, and
- (b) the amounts which would have been paid under the transaction, or under each of the transactions in the series of transactions, in the absence of such a relationship.
- (8) Subsection (2) above does not apply where the special relationship provision expressly requires regard to be had to the use, right or information for which royalties are paid in determining the excess royalties (and accordingly expressly limits the factors to be taken into account).
- (9) For the purposes of this section one person (“*person A*”) is an associate of another person (“*person B*”) at a given time if—
- (a) person A was, within the meaning of Schedule 28AA, directly or indirectly participating in the management, control or capital of person B at that time, or
- (b) the same person was or same persons were, within the meaning of Schedule 28AA, directly or indirectly participating in the management, control or capital of person A and person B at that time.
#### Lessee under long funding finance lease: termination
#### Application of this Chapter etc. to policies and contracts in which persons other than companies are interested
##### 815A
- (1) This section applies where section 269C of the 1970 Act or section 140C or 140F of the Taxation of Chargeable Gains Act 1992 applies; and references in this section to company A, the transfer and the trade shall be construed accordingly.
- (2) Where gains accruing to company A on the transfer would have been chargeable to tax under the law of the relevant member State but for the Mergers Directive, this Part, including any arrangements having effect by virtue of section 788, shall apply as if the amount of tax, calculated on the required basis, which would have been payable under that law in respect of the gains so accruing but for that Directive, were tax payable under that law.
- (5) For the purposes of this section, the required basis is that—
- (a) so far as permitted under the law of the relevant member State, any losses arising on the transfer are set against any gains so arising, and
- (b) any relief available to company A under that law has been duly claimed.
- (6) In this section—
- “*the Mergers Directive*” means the Directive of the Council of the European Communities dated 23rd July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different member States (no. [90/434/EEC](https://www.legislation.gov.uk/european/directive/1990/0434));
- “*relevant member State*” means the member State in which, immediately before the time of the transfer, company A carried on the trade through a permanent establishment.
@@ -35514,11 +32254,11 @@
- (4) This section does not apply in relation to—
- (a) income of a company resident in the United Kingdom to which section 115(5A) applies, or
- (b) income of a person resident in the United Kingdom to which section 858 of ITTOIA 2005 applies.
#### Introductory.
- (a) income of a person resident in the United Kingdom to which section 858 of ITTOIA 2005 applies, or
- (b) income of a company resident in the United Kingdom to which section 1266 of CTA 2009 applies.
#### Dividends paid out of transferred profits.
##### 815AA
@@ -35568,7 +32308,7 @@
#### The conditions for being an excepted group life policy
#### Section 796: trade income
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
##### 826A
@@ -35678,7 +32418,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of notice under section 804ZA
#### Recovery of tax credits incorrectly paid.
##### 837A
@@ -40911,7 +37651,7 @@
- (2) In the case of any estate, interest or rights in or over land in the EEA territory concerned which are held by the EEA company, it is to be assumed that the land is in the United Kingdom.
- (3) For this purpose, the reference to domestic concepts of law in relation to the land in the EEA territory concerned is to be read so as to produce the result that most closely corresponds with that produced for Schedule A purposes in relation to land in the United Kingdom.
- (3) For this purpose, the reference to domestic concepts of law in relation to the land in the EEA territory concerned is to be read so as to produce the result that most closely corresponds with that produced for the purpose of calculating the profits of a UK property business under Part 4 of CTA 2009 in relation to land in the United Kingdom.
### Deemed accounting period
@@ -41675,11 +38415,11 @@
In section 444AEA (transfer schemes: anti-avoidance rule), in subsection (6), in the definition of “surplus-increasing transfer of assets”, for “increases the amount of total surplus shown in line 39 of Form 58” substitute “ gives rise to an amount that increases the profits or reduces the losses shown ”.
### Modification of section 804C (insurance companies: allocation of expenses etc in computations under Case 1 of Schedule D)
### Modification of section 804C (insurance companies: allocation of expenses etc in computations under section 35 of CTA 2009)
##### 9
In section 804C (insurance companies: allocation of expenses etc in computations under Case 1 of Schedule D) in subsection (14) for “construed—” and paragraphs (a) and (b) substitute “construed in accordance with section 804E (interpretation of section 804C in relation to other insurance business).”.
In section 804C (insurance companies: allocation of expenses etc in computations under section 35 of CTA 2009) in subsection (14) for “construed—” and paragraphs (a) and (b) substitute “construed in accordance with section 804E (interpretation of section 804C in relation to other insurance business).”.
### Modification of section 804D (interpretation of section 804C in relation to life insurance business)
@@ -41792,11 +38532,11 @@
Omit section 83B (changes in recognised accounts: attribution of amounts carried forward under section 432F of Taxes Act 1988).
### Modification of section 85A (excess adjusted Case 1 profits)
### Modification of section 85A (excess adjusted life assurance trade profits)
##### 23
In section 85A (excess adjusted Case 1 profits) in subsection (8)(a) for “Step 8” substitute “ Step 7 ”.
In section 85A (excess adjusted life assurance trade profits) in subsection (8)(a) for “Step 8” substitute “ Step 7 ”.
### Modification of section 86 (spreading of relief for acquisition expenses)
@@ -42645,7 +39385,7 @@
- (a) those oil extraction activities are comprised in a ring fence trade, or
- (b) after incurring the expenditure, the person incurring it sets up and commences a ring fence trade connected with the research and development.
- (b) after incurring the expenditure, the person incurring it sets up and commences a ring fence trade connected with the research and development or starts to be within the charge to corporation tax in respect of such a ring fence trade.
##### 7
@@ -43063,15 +39803,15 @@
- (6) For the purposes of this paragraph, expenditure incurred by a company is “relevant R&D expenditure incurred by an SME” if—
- (a) the company makes an election under paragraph 14 of Schedule 20 to the Finance Act 2000 (R&D tax relief for SMEs: alternative treatment of pre-trading expenditure) in respect of that expenditure, but
- (b) the company does not make a claim for an R&D tax credit under that Schedule in respect of that expenditure.
- (a) the company makes an election under section 1045 of CTA 2009 (R&D tax relief for SMEs: alternative treatment of pre-trading expenditure) in respect of that expenditure, but
- (b) the company does not make a claim for an R&D tax credit under section 1054 of that Act in respect of that expenditure.
- (7) In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by an SME, the amount of that expenditure is treated for the purposes of this Schedule as being equal to 150% of its actual amount.
- (8) In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by a large company, the amount of that expenditure is treated for the purposes of this Schedule as being equal to 125% of its actual amount.
- (9) For this purpose “*relevant R&D expenditure incurred by a large company*” means qualifying expenditure within the meaning given by paragraph 11(3) of Schedule 12 to the Finance Act 2002 (R&D tax relief for large companies).
- (9) For this purpose “*relevant R&D expenditure incurred by a large company*” means qualifying Chapter 5 expenditure as defined by section 1076 of CTA 2009 (R&D tax relief for large companies).
### Unrelieved group ring fence profits for accounting periods
@@ -43757,7 +40497,7 @@
- (a) as an expense of the trade where a company carries on a trade to which that payment relates;
- (b) where a company has investment business to which the payment relates, for the purposes of section 75 as expenses of management;
- (b) where a company has investment business to which the payment relates, for the purposes of Part 16 of CTA 2009 as expenses of management;
- (c) in the case of a company carrying on life assurance business—
@@ -43805,7 +40545,7 @@
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) Without prejudice to section 97 of the Finance Act 1996 (manufactured interest), the references in this paragraph to all the purposes of the Corporation Tax Acts do not include the purposes of Chapter II of Part IV of that Act (loan relationships).
- (9) Without prejudice to Chapter 9 of Part 6 of CTA 2009 (manufactured interest), the references in this paragraph to all the purposes of the Corporation Tax Acts do not include the purposes of Part 5 of that Act (loan relationships).
##### 4A
@@ -43883,7 +40623,7 @@
the payment shall, to the extent of an amount equal to the excess, not be regarded for the purposes of this Schedule as made in discharge of the requirement referred to in paragraph 2(1). . . or 4(1) above, as the case may be, but shall instead to that extent be taken for all purposes of the Corporation Tax Acts to constitute a separate fee for entering into the contract or other arrangements under which it was made, notwithstanding anything in paragraph 2 above or anything in paragraph 4 other than in sub-paragraph (1A).
- (1A) Sub-paragraph (1) above does not apply in the case of the amount of any . . . manufactured overseas dividend which falls in accordance with section 97 of the Finance Act 1996 to be treated for the purposes of Chapter II of Part IV of that Act as interest under a loan relationship.
- (1A) Sub-paragraph (1) above does not apply in the case of the amount of any . . . manufactured overseas dividend which falls in accordance with section 540 of CTA 2009 to be treated for the purposes of Part 5 of that Act as interest under a loan relationship.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -43953,15 +40693,15 @@
- (8) This paragraph does not apply if, as a result of any of the following provisions—
- (a) section 75(4)(b) (expenses of management of companies with investment business: unallowable purposes),
- (a) section 1219(2)(b) of CTA 2009 (expenses of management of companies with investment business: unallowable purposes),
- (b) section 76(4)(d) (expenses of insurance companies: unallowable purposes),
- (c) paragraph 13 of Schedule 9 to the Finance Act 1996 (loan relationships with unallowable purposes),
- (c) section 441 of CTA 2009 (loan relationships with unallowable purposes),
the company in question is not entitled to a relevant tax relief in respect of, or referable to, the whole or any part of the manufactured payment.
The references to sections 75 and 76 are references to those provisions as they have effect in relation to accounting periods beginning on or after 1st April 2004.
The reference to section 76 is a reference to that section as it has effect in relation to accounting periods beginning on or after 1st April 2004.
- (9) Any reference in this paragraph to a manufactured payment falling to be made by a company includes a reference to a manufactured payment which is deemed by or under any provision of the Tax Acts to be made by a company (and references to a transaction, or to a company being party to a transaction, are to be construed accordingly).
@@ -43973,7 +40713,7 @@
- “*related transaction*” shall be construed in accordance with sub-paragraphs (6) and (7) above;
- “*relevant tax relief*” means any of the following—any deduction in computing profits or gains for the purposes of corporation tax;any deduction against total profits;the bringing into account of any debit for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships);the surrender of an amount by way of group relief;
- “*relevant tax relief*” means any of the following—any deduction in computing profits or gains for the purposes of corporation tax;any deduction against total profits;the bringing into account of any debit for the purposes of Part 5 of CTA 2009 (loan relationships);the surrender of an amount by way of group relief;
- “*tax advantage*” has the meaning given by section 840ZA;
@@ -44905,37 +41645,37 @@
The amounts in issue referred to in section 768B(4)(c) are—
- (a) the amount of any expenses of management referable to the accounting period (within the meaning of section 75) being divided, except any such expenses as would (apart from section 768B) be deductible in computing profits otherwise than under section 75;
- (a) the amount of any expenses of management referable to the accounting period (within the meaning of Chapter 2 of Part 16 of CTA 2009) being divided, except any such expenses as would (apart from section 768B) be deductible in computing profits otherwise than under section 1219 of CTA 2009 (expenses of management of a company's investment business);
- (b) the amount of any charges which are paid in that accounting period wholly and exclusively for the purposes of the company’s business;
- (c) the amount of any excess carried forward under section 75(9) to the accounting period being divided;
- (d) the amount of any allowances falling to be made for that accounting period by virtue of section 253 of the Capital Allowances Act which would (apart from section 768B) be added to the expenses of management for that accounting period by virtue of section 75(7);
- (da) the amount (if any) of the adjusted Case III profits and gains or non-trading deficit of the company for that accounting period (other than one within sub-paragraph (dc) below) ;
- (db) the amount of any non-trading debit (other than one within sub-paragraph . . . (dd) below) that falls to be brought into account for that accounting period for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) in respect of any debtor relationship of the company;
- (dc) the amount of any non-trading deficit carried forward to that accounting period under section 83(3A) of the Finance Act 1996 (carried forward deficit not set off against profits);
- (dd) the amount of any non-trading debit given for that accounting period by paragraph 13 of Schedule 15 to the Finance Act 1996 (transitional adjustment for past interest) in respect of any debtor relationship of the company;
- (de) the amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for that period under paragraph 34 of Schedule 29 to the Finance Act 2002;
- (df) the amount of any non-trading loss on intangible fixed assets carried forward to that accounting period under paragraph 35(3) of that Schedule;
- (c) the amount of any excess carried forward under section 1223 of CTA 2009 (expenses of management carried forward) to the accounting period being divided;
- (d) the amount of any allowances falling to be made for that accounting period by virtue of section 253 of the Capital Allowances Act which would (apart from section 768B) be added to the expenses of management for that accounting period by virtue of section 1233 of CTA 2009 (excess capital allowances);
- (da) the amount (if any) of the adjusted non-trading profits or non-trading deficit of the company for that accounting period (other than one within sub-paragraph (dc) below) ;
- (db) the amount of any non-trading debit (other than one within sub-paragraph . . . (dd) below) that falls to be brought into account for that accounting period for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of any debtor relationship of the company;
- (dc) the amount of any non-trading deficit carried forward to that accounting period undersection 457(1) of CTA 2009 (carried forward deficit not set off against profits);
- (dd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (de) the amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for that period under section 751 of CTA 2009;
- (df) the amount of any non-trading loss on intangible fixed assets carried forward to that accounting period under section 753(3) of CTA 2009;
- (e) any other amounts by reference to which the profits or losses of that accounting period would (apart from section 768B) be calculated.
##### 6A
For the purposes of paragraph 6(da) above, the amount for any accounting period of the adjusted Case III profits and gains or non-trading deficit of a company is the amount which, as the case may be, would be—
- (a) the amount of the profits and gains chargeable under Case III of Schedule D as profits and gains arising from the company’s loan relationships, or
For the purposes of paragraph 6(da) above, the amount for any accounting period of the adjusted non-trading profits or non-trading deficit of a company is the amount which, as the case may be, would be—
- (a) the amount of the profits arising from the company's loan relationships chargeable under section 299 of CTA 2009 (charge to tax on non-trading profits), or
- (b) the amount of the company’s non-trading deficit on those relationships for that period,
if, in computing that amount, amounts for that period falling within paragraph 6(db) to (dd) above were disregarded.
if, in computing that amount, amounts for that period falling within paragraph 6(db) or (dc) above were disregarded.
## Part III — Apportionment for purposes of section 768B
@@ -44955,11 +41695,11 @@
- (i) is mentioned in paragraph 6(db) above,
- (ii) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in accordance with an amortised cost basis of accounting, . . .
- (iii) so falls to be brought into account otherwise than on the assumption, specified in paragraph 2(2) of Schedule 9 to that Act, that the interest to which it relates does not accrue until it is paid , and
- (iv) so falls to be brought into account without any adjustment under paragraph 17 or 18 of that Schedule (debit relating to amount of discount referable to the relevant accounting period to be brought into account instead for the accounting period in which the security is redeemed),
- (ii) falls to be brought into account for the purposes of Part 5 of CTA 2009 in accordance with an amortised cost basis of accounting, . . .
- (iii) so falls to be brought into account otherwise than on the assumption, specified in section 373 of to that Act, that the interest to which it relates does not accrue until it is paid , and
- (iv) so falls to be brought into account without any adjustment under sections 406 to 412 of that Act (debit relating to amount of discount referable to the relevant accounting period to be brought into account instead for the accounting period in which the security is redeemed),
by reference to the time of accrual of the amount to which the debit relates;
@@ -44967,7 +41707,7 @@
- (i) is mentioned in paragraph 6(db) above,
- (ii) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in accordance with an amortised cost basis of accounting, . . . and
- (ii) falls to be brought into account for the purposes of Part 5 of CTA 2009 in accordance with an amortised cost basis of accounting, . . . and
- (iii) so falls to be brought into account—
@@ -44995,7 +41735,7 @@
##### 9
- (1) This paragraph has effect in a case to which section 768B applies for determining the debits to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) for—
- (1) This paragraph has effect in a case to which section 768B applies for determining the debits to be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) for—
- (a) the accounting period beginning immediately after the change in the ownership of the company; and
@@ -45005,7 +41745,7 @@
- (a) the amount of those debits, and
- (b) the amount of any debits falling within that paragraph which have been brought into account for the purposes of that Chapter for any previous accounting period ending after the change in the ownership,
- (b) the amount of any debits falling within that paragraph which have been brought into account for the purposes of that Part for any previous accounting period ending after the change in the ownership,
exceeds the profits for the accounting period ending with the change in the ownership.
@@ -45015,7 +41755,7 @@
##### 10
- (1) This paragraph has effect in a case to which section 768C applies for determining the debits to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) for—
- (1) This paragraph has effect in a case to which section 768C applies for determining the debits to be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) for—
- (a) the accounting period beginning immediately after the change in the ownership of the relevant company; and
@@ -45027,7 +41767,7 @@
- (a) reduced, if that period is the period in which the relevant gain accrues, by an amount equal to the amount of the total profits for that period which represents the relevant gain; and
- (b) after making all deductions and giving all reliefs that for the purposes of corporation tax are made or given against the profits, including deductions and reliefs which under any provision are treated as reducing them for those purposes, other than any reduction by virtue of paragraph 1(2) of Schedule 8 to the Finance Act 1996.
- (b) after making all deductions and giving all reliefs that for the purposes of corporation tax are made or given against the profits, including deductions and reliefs which under any provision are treated as reducing them for those purposes, other than any reduction by virtue of section 461 of CTA 2009.
- (4) Where by virtue of sub-paragraph (2) above a debit is to any extent not brought into account for an accounting period, that debit may (to that extent) be brought into account for the next accounting period, but this is subject to the application of sub-paragraphs (1) to (3) above to that next accounting period.
@@ -45035,2288 +41775,2272 @@
- (1) A debit falls within this paragraph if it is a non-trading debit which—
- (a) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in accordance with an amortised cost basis of accounting;
- (a) falls to be brought into account for the purposes of Part 5 of CTA 2009 in accordance with an amortised cost basis of accounting;
- (b) so falls to be brought into account—
- (i) with an adjustment under paragraph 17 or 18 of Schedule 9 to that Act (debit relating to amount of discount referable to the relevant accounting period to be brought into account instead for the accounting period in which the security is redeemed); or
- (ii) on the assumption, specified in sub-paragraph (2) of paragraph 2 of that Schedule, that the interest to which it relates does not accrue until it is paid; and
- (c) apart from paragraphs 2(2), 17 and 18 of that Schedule, would have fallen to be brought into account for those purposes for an accounting period ending before or with the change in the ownership of the company or, as the case may be, the relevant company.
- (2) The debits that fall within this paragraph also include—
- (i) with an adjustment under sections 406 to 412 of that Act (debit relating to amount of discount referable to the relevant accounting period to be brought into account instead for the accounting period in which the security is redeemed); or
- (ii) on the assumption, specified in section 373(1) of that Act, that the interest to which it relates does not accrue until it is paid; and
- (c) apart from sections 373 and 406 to 412 of that Act, would have fallen to be brought into account for those purposes for an accounting period ending before or with the change in the ownership of the company or, as the case may be, the relevant company.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The debits that fall within this paragraph also include any non-trading debit which—
- (a) is not such a debit as is mentioned in sub-paragraph (1) . . . above;
- (b) is a debit in respect of a debtor relationship of the company or, as the case may be, the relevant company;
- (c) falls to be brought into account for the purposes of Part 5 of CTA 2009 in accordance with an amortised cost basis of accounting; and
- (d) relates to an amount that accrued before the change in the ownership of that company.
- (4) In this paragraph “*post-change accounting period*” means the accounting period beginning immediately after the change in the ownership of the company or, as the case may be, the relevant company.
##### 12
Expressions used both in this Part of this Schedule and in Part 5 of CTA 2009 have the same meanings in this Part of this Schedule as in that Chapter.
## Part IV — Disallowed debits
##### 9A
- (1) This paragraph has effect in any case to which section 768B applies where the non-trading deficit mentioned in paragraph 6(dc) above is apportioned by paragraph 7(b) above to the first part of the accounting period being divided.
- (2) In any such case, none of that non-trading deficit shall be carried forward to—
- (a) the accounting period beginning immediately after the change in the ownership of the company, or
- (b) any subsequent accounting period.
##### 10A
- (1) This paragraph has effect in any case to which section 768C applies where the non-trading deficit mentioned in paragraph 13(1)(ec) below is apportioned by paragraph 16(1)(b) below to the first part of the accounting period being divided.
- (2) In any such case, none of that non-trading deficit shall be carried forward to—
- (a) the accounting period beginning immediately after the change in the ownership of the company, or
- (b) any subsequent accounting period.
## Part V — Amounts in issue for purposes of section 768C
##### 13
- (1) The amounts in issue referred to in section 768C(3)(c) are—
- (a) the amount which would in accordance with the relevant provisions of the 1992 Act (and apart from section 768C) be included in respect of chargeable gains in the total profits for the accounting period being divided;
- (b) the amount of any expenses of management referable to the accounting period (within the meaning of section 75) being divided except any such expenses as would (apart from section 768C) be deductible in computing total profits otherwise than under section 75;
- (c) the amount of any charges which are paid in that accounting period wholly and exclusively for the purposes of the company’s business;
- (d) the amount of any excess carried forward under section 75(9) to the accounting period being divided;
- (e) the amount of any allowances falling to be made for that accounting period by virtue of section 253 of the Capital Allowances Act which would (apart from section 768C) be added to the expenses of management for that accounting period by virtue of section 75(7);
- (ea) the amount (if any) of the adjusted non-trading profits or non-trading deficit of the company for that accounting period (other than one within paragraph (ec) below);
- (eb) the amount of any non-trading debit (other than one within paragraph . . . (ed) below) that falls to be brought into account for that accounting period for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of any debtor relationship of the company;
- (ec) the amount of any non-trading deficit carried forward to that accounting period undersection 457(1) of CTA 2009 (carried forward deficit not set off against profits);
- (ed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ee) the amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for that period under section 751 of CTA 2009;
- (ef) the amount of any non-trading loss on intangible fixed assets carried forward to that accounting period under section 753(3) of CTA 2009; and
- (f) any other amounts by reference to which the profits or losses of the accounting period being divided would (apart from section 768C) be calculated.
- (2) In sub-paragraph (1)(a) above “*the relevant provisions of the 1992 Act*” means section 8(1) of and Schedule 7A to that Act.
##### 13A
Paragraph 6A above shall apply for the purposes of paragraph 13(1)(ea) above as it applies for the purposes of paragraph 6(da) above.
## Part VI — Apportionment for purposes of section 768C
##### 14
The apportionment required by section 768C(3)(c) shall be made as follows.
##### 15
In the case of the amount mentioned in paragraph 13(1)(a) above—
- (a) if it does not exceed the amount of the relevant gain, the whole of it shall be apportioned to the second part of the accounting period being divided;
- (b) if it exceeds the amount of the relevant gain, the excess shall be apportioned to the first part of the accounting period being divided and the relevant gain shall be apportioned to the second part.
##### 16
- (1) Subject to paragraph 17 below, the apportionment shall be made—
- (a) in the case of the sums mentioned in paragraph 13(1)(b) above, by apportioning to each accounting period the amounts that would fall to be brought into account in that period as such sums, if it were a period of account for which accounts were drawn up in accordance with generally accepted accounting practice;
- (aa) in the case of the charges mentioned in paragraph 13(1)(c) above, by reference to the time when the charge is due to be paid;
- (b) in the case of the excess mentioned in paragraph 13(1)(d) above, or in the case of the non-trading deficit mentioned in paragraph 13(1)(ec) above, by apportioning the whole amount of the excess or, as the case may be, of the deficit to the first part of the accounting period being divided;
- (c) in the case of the amounts mentioned in paragraph 13(1)(e) , (ea) and (f) above, by reference to the respective lengths of the parts of the accounting period being divided;
- (d) in the case of any such debit as—
- (i) is mentioned in paragraph 13(1)(eb) above,
- (ii) falls to be brought into account for the purposes of Part 5 of CTA 2009 in accordance with an amortised cost basis of accounting, . . .
- (iii) so falls to be brought into account otherwise than on the assumption, specified in section 373(1) of that Act, that the interest to which it relates does not accrue until it is paid , and
- (iv) so falls to be brought into account without any adjustment under sections 406 to 412 of that Act (debit relating to amount of discount referable to the relevant accounting period to be brought into account instead for the accounting period in which the security is redeemed),
by reference to the time of accrual of the amount to which the debit relates;
- (e) in the case of any such debit as—
- (i) is mentioned in paragraph 13(1)(eb) above,
- (ii) falls to be brought into account for the purposes of Part 5 of CTA 2009 in accordance with an amortised cost basis of accounting, . . . and
- (iii) so falls to brought into account—
- — on the assumption mentioned in paragraph (d)(iii) above, or
- — with such an adjustment as is mentioned in paragraph (d)(iv) above,
by apportioning the whole amount of the debit to the first part of the accounting period being divided;
- (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g) in the case of any such credit or debit as is mentioned in paragraph 13(ee), by apportioning to each accounting period the credits or debits that would fall to be brought into account in that period if it were a period of account for which accounts were drawn up in accordance with generally accepted accounting practice;
- (h) in the case of any such loss as is mentioned in paragraph 13(ef), by apportioning the whole amount of the loss to the first part of the accounting period being divided.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 17
If it appears that any method of apportionment given by paragraph 16 above would work unreasonably or unjustly for any case for which it is given, such other method shall be used for that case as appears just and reasonable.
## SCHEDULE 28AA
### Basic rule on transfer pricing etc.
##### 1
- (1) This Schedule applies where—
- (a) provision (“the actual provision") has been made or imposed as between any two persons (“the affected persons") by means of a transaction or series of transactions, and
- (b) at the time of the making or imposition of the actual provision—
- (i) one of the affected persons was directly or indirectly participating in the management, control or capital of the other; or
- (ii) the same person or persons was or were directly or indirectly participating in the management, control or capital of each of the affected persons.
- (2) Subject to paragraphs 5A, 5B,10 and 13 below and sections 447(5) and (6) and 694(8) and (9) of CTA 2009, if the actual provision—
- (a) differs from the provision (“the arm"s length provision’) which would have been made as between independent enterprises, and
- (b) confers a potential advantage in relation to United Kingdom taxation on one of the affected persons, or (whether or not the same advantage) on each of them,
the profits and losses of the potentially advantaged person or, as the case may be, of each of the potentially advantaged persons shall be computed for tax purposes as if the arm’s length provision had been made or imposed instead of the actual provision.
- (3) For the purposes of this Schedule the cases in which provision made or imposed as between any two persons is to be taken to differ from the provision that would have been made as between independent enterprises shall include the case in which provision is made or imposed as between any two persons but no provision would have been made as between independent enterprises; and references in this Schedule to the arm’s length provision shall be construed accordingly.
### Provision in relation to securities: determination of arm’s length provision
##### 1A
- (1) This paragraph applies where—
- (a) both of the affected persons are companies, and
- (b) the actual provision is provision in relation to a security issued by one of those companies (“the issuing company”).
- (2) Paragraph 1(2)(a) above shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the loan would have been made at all in the absence of the special relationship (see sub-paragraph (6) below),
- (b) the amount which the loan would have been in the absence of the special relationship, and
- (c) the rate of interest and other terms which would have been agreed in the absence of the special relationship,
but this is subject to the following provisions of this paragraph.
- (3) In a case where—
- (a) a company makes a loan to another company with which it has a special relationship, and
- (b) it is not part of the first company’s business to make loans generally,
the fact that it is not part of the first company’s business to make loans generally shall be disregarded in construing sub-paragraph (2) above.
- (4) Paragraph 1(2)(a) above shall be construed as requiring no account to be taken, in the determination of any of the matters mentioned in sub-paragraph (5) below, of (or of any inference capable of being drawn from) any guarantee provided by a company with which the issuing company has a participatory relationship (see sub-paragraphs (7) and (8) below).
- (5) The matters are—
- (a) the appropriate level or extent of the issuing company’s overall indebtedness;
- (b) whether it might be expected that the issuing company and a particular person would have become parties to a transaction involving the issue of a security by the issuing company or the making of a loan, or a loan of a particular amount, to the issuing company;
- (c) the rate of interest and other terms that might be expected to be applicable in any particular case to such a transaction.
- (6) In this paragraph “*special relationship*” means any relationship by virtue of which the condition in paragraph 1(1)(b) above is satisfied in the case of the affected persons.
- (7) In this paragraph any reference to a guarantee includes a reference to a surety and to any other relationship, arrangements, connection or understanding (whether formal or informal) such that the person making the loan to the issuing company has a reasonable expectation that in the event of a default by the issuing company he will be paid by, or out of the assets of, one or more companies.
- (8) For the purposes of this paragraph, the cases where one company has a “*participatory relationship*”with another are those where—
- (a) one of them is directly or indirectly participating in the management, control or capital of the other; or
- (b) the same person or persons is or are directly or indirectly participating in the management, control or capital of each of them.
- (9) In this paragraph “*security*” includes securities not creating or evidencing a charge on assets.
- (10) For the purposes of this paragraph—
- (a) interest payable by a company on money advanced without the issue of a security for the advance, or
- (b) other consideration given by a company for the use of money so advanced,
shall be treated as if payable or given in respect of a security issued for the advance by the company, and references in this paragraph to a security shall be construed accordingly.
### Guarantees etc
##### 1B
- (1) This paragraph applies where the actual provision is made or imposed by means of a series of transactions which include—
- (a) the issuing of a security by a company which is one of the affected persons (“the issuing company”), and
- (b) the provision of a guarantee by a company which is the other of those persons.
- (2) Paragraph 1(2)(a) above shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the guarantee would have been provided at all in the absence of the special relationship,
- (b) the amount that would have been guaranteed in the absence of the special relationship, and
- (c) the consideration for the guarantee and other terms which would have been agreed in the absence of the special relationship,
but this is subject to the following provisions of this paragraph.
- (3) In a case where—
- (a) a company provides a guarantee in respect of another company with which it has a special relationship, and
- (b) it is not part of the first company’s business to provide guarantees generally,
the fact that it is not part of the first company’s business to provide guarantees generally shall be disregarded in construing sub-paragraph (2) above.
- (4) Paragraph 1(2)(a) above shall be construed as requiring no account to be taken, in the determination of any of the matters mentioned in sub-paragraph (5) below, of (or of any inference capable of being drawn from) any guarantee provided by a company with which the issuing company has a participatory relationship.
- (5) The matters are—
- (a) the appropriate level or extent of the issuing company’s overall indebtedness;
- (b) whether it might be expected that the issuing company and a particular person would have become parties to a transaction involving the issue of a security by the issuing company or the making of a loan, or a loan of a particular amount, to the issuing company;
- (c) the rate of interest and other terms that might be expected to be applicable in any particular case to such a transaction.
- (6) The following provisions of paragraph 1A above also apply for the purposes of this paragraph—
- (a) sub-paragraph (6) (meaning of special relationship);
- (b) sub-paragraph (7) (construction of references to a guarantee);
- (c) sub-paragraph (8) (meaning of participatory relationship);
- (d) sub-paragraph (9) (meaning of security);
- (e) sub-paragraph (10) (extended meaning of security).
### Principles for construing rules in accordance with OECD principles
##### 2
- (1) This Schedule shall be construed (subject to paragraphs 9 to 11 below and sections 447(5) and (6) and 694(8) and (9) of CTA 2009) in such manner as best secures consistency between—
- (a) the effect given to paragraph 1 above; and
- (b) the effect which, in accordance with the transfer pricing guidelines, is to be given, in cases where double taxation arrangements incorporate the whole or any part of the OECD model, to so much of the arrangements as does so.
- (2) In this paragraph “*the OECD model*” means—
- (a) the rules which, at the passing of this Act, were contained in Article 9 of the Model Tax Convention on Income and on Capital published by the Organisation for Economic Co-operation and Development; or
- (b) any rules in the same or equivalent terms.
- (3) In this paragraph “*the transfer pricing guidelines*” means—
- (a) all the documents published by the Organisation for Economic Co-operation and Development, at any time before 1st May 1998, as part of their Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations; and
- (b) such documents published by that Organisation on or after that date as may for the purposes of this Schedule be designated, by an order made by the Treasury, as comprised in the transfer pricing guidelines.
### Meaning of “transaction" and “series of transactions"
##### 3
- (1) In this Schedule “*transaction*” includes arrangements, understandings and mutual practices (whether or not they are, or are intended to be, legally enforceable).
- (2) References in this Schedule to a series of transactions include references to a number of transactions each entered into (whether or not one after the other) in pursuance of, or in relation to, the same arrangement.
- (3) A series of transactions shall not be prevented by reason only of one or more of the matters mentioned in sub-paragraph (4) below from being regarded for the purposes of this Schedule as a series of transactions by means of which provision has been made or imposed as between any two persons.
- (4) Those matters are—
- (a) that there is no transaction in the series to which both those persons are parties;
- (b) that the parties to any arrangement in pursuance of which the transactions in the series are entered into do not include one or both of those persons; and
- (c) that there is one or more transactions in the series to which neither of those persons is a party.
- (5) In this paragraph, “*arrangement*” means any scheme or arrangement of any kind (whether or not it is, or is intended to be, legally enforceable).
### Participation in the management, control or capital of a person
##### 4
- (1) For the purposes of this Schedule a person is directly participating in the management, control or capital of another person at a particular time if, and only if, that other person is at that time—
- (a) a body corporate or a partnership; and
- (b) controlled by the first person.
- (2) For the purposes of this Schedule a person (“*the potential participant*”) is indirectly participating in the management, control or capital of another person at a particular time if, and (subject to paragraphs 4A and 6(4C) below) only if—
- (a) he would be taken to be directly so participating at that time if the rights and powers attributed to him included all the rights and powers mentioned in sub-paragraph (3) below that are not already attributed to him for the purposes of sub-paragraph (1) above; or
- (b) he is, at that time, one of a number of major participants in that other person’s enterprise.
- (3) The rights and powers referred to in sub-paragraph (2)(a) above are—
- (a) rights and powers which the potential participant is entitled to acquire at a future date or which he will, at a future date, become entitled to acquire;
- (b) rights and powers of persons other than the potential participant to the extent that they are rights or powers falling within sub-paragraph (4) below;
- (c) rights and powers of any person with whom the potential participant is connected; and
- (d) rights and powers which for the purposes of sub-paragraph (2)(a) above would be attributed to a person with whom the potential participant is connected if that connected person were himself the potential participant.
- (4) Rights and powers fall within this sub-paragraph to the extent that they—
- (a) are required, or may be required, to be exercised in any one or more of the following ways, that is to say—
- (i) on behalf of the potential participant;
- (ii) under the direction of the potential participant; or
- (iii) for the benefit of the potential participant;
and
- (b) are not confined, in a case where a loan has been made by one person to another, to rights and powers conferred in relation to property of the borrower by the terms of any security relating to the loan.
- (5) In sub-paragraphs (3)(b) to (d) and (4) above, the references to a person’s rights and powers include references to any rights or powers which he either—
- (a) is entitled to acquire at a future date, or
- (b) will, at a future date, become entitled to acquire.
- (6) In paragraph (d) of sub-paragraph (3) above, the reference to rights and powers which would be attributed to a connected person if he were the potential participant includes a reference to rights and powers which, by applying that paragraph wherever one person is connected with another, would be so attributed to him through a number of persons each of whom is connected with at least one of the others.
- (7) For the purposes of this paragraph a person (“*the potential major participant*”) is a major participant in another person’s enterprise at a particular time if at that time—
- (a) that other person (“*the subordinate*”) is a body corporate or partnership; and
- (b) the 40 per cent. test is satisfied in the case of each of two persons who, taken together, control the subordinate and of whom one is the potential major participant.
- (8) For the purposes of this paragraph the 40 per cent. test is satisfied in the case of each of two persons wherever each of them has interests, rights and powers representing at least 40 per cent. of the holdings, rights and powers in respect of which the pair of them fall to be taken as controlling the subordinate.
- (9) For the purposes of this paragraph—
- (a) the question whether a person is controlled by any two or more persons taken together, and
- (b) any question whether the 40 per cent. test is satisfied in the case of a person who is one of two persons,
shall be determined after attributing to each of the persons all the rights and powers attributed to a potential participant for the purposes of sub-paragraph (2)(a) above.
- (10) References in this paragraph—
- (a) to rights and powers of a person, or
- (b) to rights and powers which a person is or will become entitled to acquire,
include references to rights or powers which are exercisable by that person, or (when acquired by that person) will be exercisable, only jointly with one or more other persons.
- (11) For the purposes of this paragraph two persons are connected with each other if—
- (a) one of them is an individual and the other is his spouse or civil partner, a relative of his or of his spouse or civil partner, or the spouse or civil partner of such a relative; or
- (b) one of them is a trustee of a settlement and the other is—
- (i) a person who in relation to that settlement is a settlor; or
- (ii) a person who is connected with a person falling within sub-paragraph (i) above.
- (12) In sub-paragraph (11) above—
- “*relative*” means brother, sister, ancestor or lineal descendant; and
- “*settlement*” and “*settlor*” have the same meanings as in section 620 of ITTOIA 2005.
### Persons acting together in relation to financing arrangements
##### 4A
- (1) A person (“P”) shall be treated for the purposes of paragraph 1(1)(b)(i) above (but subject to sub-paragraph (7) below) as indirectly participating in the management, control or capital of another (“A”) at the time of the making or imposition of the actual provision if—
- (a) the actual provision relates, to any extent, to financing arrangements for A;
- (b) A is a body corporate or partnership;
- (c) P and other persons acted together in relation to the financing arrangements; and
- (d) P would be taken to have control of A if, at any relevant time, there were attributed to P the rights and powers of each of the other persons mentioned in paragraph (c) above.
- (2) A person (“Q”) shall be treated for the purposes of paragraph 1(1)(b)(ii) above (but subject to sub-paragraph (7) below) as indirectly participating in the management, control or capital of each of the affected persons at the time of the making or imposition of the actual provision if—
- (a) the actual provision relates, to any extent, to financing arrangements for one of the affected persons (“B”);
- (b) B is a body corporate or partnership;
- (c) Q and other persons acted together in relation to the financing arrangements; and
- (d) Q would be taken to have control of both B and the other affected person if, at any relevant time, there were attributed to Q the rights and powers of each of the other persons mentioned in paragraph (c) above.
- (3) It is immaterial for the purposes of sub-paragraph (1)(c) or (2)(c) above whether P or Q and the other persons acting together in relation to the financing arrangements did so at the time of the making or imposition of the actual provision or at some earlier time.
- (4) In sub-paragraph (1)(d) or (2)(d) “*relevant time*” means—
- (a) a time when P or Q and the other persons were acting together in relation to the financing arrangements; or
- (b) a time in the period of six months beginning with the day on which they ceased so to act.
- (5) In determining for the purposes of sub-paragraph (1)(d) or (2)(d) whether P or Q would be taken to have control of another person, the rights and powers of any person (and not just P or Q) shall be taken to include those that would be attributed to that person in determining under paragraph 4 above whether he is indirectly participating in the management, control or capital of the other person.
- (6) In this paragraph “*financing arrangements*” means arrangements made for providing or guaranteeing, or otherwise in connection with, any debt, capital or other form of finance.
- (7) Where the condition in paragraph 1(1)(b) above would not be satisfied but for this paragraph, paragraph 1(2) above applies only to the extent that the actual provision relates to the financing arrangements in question.
### Financing arrangements: anticipatory provision
##### 4B
- (1) To the extent that it applies to provision relating to financing arrangements, this Schedule has effect as if in paragraph 1(1)(b) above the words “or within the period of six months beginning with the day on which the actual provision was made or imposed” were inserted immediately before sub-paragraph (i).
- (2) In this paragraph “*financing arrangements*” has the same meaning as in paragraph 4A above.
### Advantage in relation to United Kingdom taxation
##### 5
- (1) For the purposes of this Schedule . . . the actual provision confers a potential advantage on a person in relation to United Kingdom taxation wherever, disregarding this Schedule, the effect of making or imposing the actual provision, instead of the arm’s length provision, would be one or both of the following, that is to say—
- (a) that a smaller amount (which may be nil) would be taken for tax purposes to be the amount of that person’s profits for any chargeable period; or
- (b) that a larger amount (or, if there would not otherwise have been losses, any amount of more than nil) would be taken for tax purposes to be the amount for any chargeable period of any losses of that person.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In determining for the purposes of sub-paragraph (1) above the amount that would be taken for tax purposes to be the amount of the profits or losses for a year of assessment in the case of a person who is not resident in the United Kingdom, there shall be left out of account any income of that person which is—
- (a) disregarded income within the meaning given by section 813 of ITA 2007 (limits on liability to income tax of non-UK residents), or
- (b) disregarded company income within the meaning given by section 816 of that Act.
### Exemption for dormant companies
##### 5A
- (1) Paragraph 1(2) above does not apply in computing for any chargeable period the profits and losses of a potentially advantaged person if that person is a company which satisfies the condition in sub-paragraph (2) below.
- (2) The condition is that—
- (a) the company was dormant throughout the pre-qualifying period, and
- (b) apart from paragraph 1 above, the company has continued to be dormant at all times since the end of the pre-qualifying period.
- (3) In sub-paragraph (2) above “*the pre-qualifying period*” means—
- (a) if there is an accounting period of the company that ends on 31st March 2004, that accounting period, or
- (b) if there is no such accounting period, the period of 3 months ending with that date.
- (4) In this paragraph “*dormant*” has the same meaning as in section 1169 of the Companies Act 2006.
### Exemption for small or medium-sized enterprises
##### 5B
- (1) Paragraph 1(2) above does not apply in computing for any chargeable period the profits and losses of a potentially advantaged person if that person is a small or medium-sized enterprise for that chargeable period (see paragraph 5D below).
- (2) Exceptions to sub-paragraph (1) above are provided—
- (a) in the case of a small enterprise, by sub-paragraphs (3) and (4) below, and
- (b) in the case of a medium-sized enterprise, by sub-paragraphs (3) and (4) and paragraph 5C below.
- (3) The first exception is where the small or medium-sized enterprise elects for sub-paragraph (1) above not to apply in relation to the chargeable period.
Any such election is irrevocable.
- (4) The second exception is where, at the time when the actual provision is or was made or imposed,—
- (a) the other affected person, or
- (b) a party to a relevant transaction (see sub-paragraph (5) below),
is a resident (see sub-paragraph (6) below) of a non-qualifying territory (whether or not that person is also a resident of a qualifying territory).
- (5) For the purposes of sub-paragraph (4) above, a “party to a relevant transaction” is a person who, in a case where the actual provision is or was imposed by means of a series of transactions, is or was a party to one or more of those transactions.
- (6) In this paragraph “*resident*”, in relation to a territory,—
- (a) means a person who, under the laws of that territory, is liable to tax there by reason of his domicile, residence or place of management, but
- (b) does not include a person who is liable to tax in that territory in respect only of income from sources in that territory or capital situated there.
- (7) The definitions of “qualifying territory” and “non-qualifying territory” are in paragraph 5E below.
### Additional provisions for medium-sized enterprises
##### 5C
- (1) Paragraph 5B(1) above does not apply as respects any provision made or imposed if—
- (a) the potentially advantaged person in question is a medium-sized enterprise for the chargeable period in question, and
- (b) the Board gives that person a notice under this sub-paragraph (a “*transfer pricing notice*”) requiring him to compute the profits and losses of that chargeable period in accordance with paragraph 1(2) above in the case of that provision.
- (2) A transfer pricing notice may be given in respect of —
- (a) any provision specified, or of a description specified, in the notice, or
- (b) every provision in relation to which the assumption in paragraph 1(2) above would fall to be made apart from paragraph 5B(1) above.
- (3) A transfer pricing notice may be given only after a notice of enquiry has been given to the potentially advantaged person in respect of his tax return for the chargeable period.
- (4) A transfer pricing notice must identify the officer of the Board to whom any notice of appeal under this paragraph is to be given.
- (5) A person to whom a transfer pricing notice is given may appeal against the decision to give the notice, but only on the grounds that the condition in sub-paragraph (1)(a) above is not satisfied.
- (6) Any such appeal must be brought by giving written notice of appeal to the officer of the Board identified for the purpose in the transfer pricing notice in accordance with sub-paragraph (4) above.
- (7) The notice of appeal must be given before the end of the period of 30 days beginning with the day on which the transfer pricing notice is given.
- (8) A person to whom a transfer pricing notice is given may amend his tax return for the purpose of complying with the notice at any time before the end of the period of 90 days beginning with—
- (a) the day on which the notice is given, or
- (b) if he appeals against the notice, the day on which the appeal is finally determined or abandoned.
- (9) Where a transfer pricing notice is given in the case of any tax return, no closure notice may be given in relation to that tax return until—
- (a) the end of the period of 90 days specified in sub-paragraph (8) above, or
- (b) the earlier amendment of the tax return for the purpose of complying with the notice.
- (10) So far as relating to any provision made or imposed by or in relation to a person—
- (a) who is a medium-sized enterprise for a chargeable period,
- (b) who does not make an election under paragraph 5B(3) above for that period, and
- (c) who is not excepted from paragraph 5B(1) above by virtue of paragraph 5B(4) above in relation to that provision for that period,
the tax return required to be made for that period is a return that disregards paragraph 1(2) above.
- (11) Sub-paragraph (10) above does not prevent a tax return for a period becoming incorrect if, in the case of any provision made or imposed,—
- (a) a transfer pricing notice is given which has effect in relation to that provision for that period,
- (b) the return is not amended in accordance with sub-paragraph (8) above for the purpose of complying with the notice, and
- (c) the return ought to have been so amended.
- (12) In this paragraph—
- “*closure notice*” means a notice under—section 28A or 28B of the Management Act, orparagraph 32 of Schedule 18 to the Finance Act 1998;
- “*company tax return*” means the return required to be delivered pursuant to a notice under paragraph 3 of Schedule 18 to the Finance Act 1998, as read with paragraph 4 of that Schedule;
- “*notice of enquiry*” means a notice under—section 9A or 12AC of the Management Act, orparagraph 24 of Schedule 18 to the Finance Act 1998;
- “*tax return*” means—a return under section 8, 8A or 12AA of the Management Act, ora company tax return.
### Meaning of “small enterprise” and “medium-sized enterprise”
##### 5D
- (1) In this Schedule—
- (a) “*small enterprise*” means a small enterprise as defined in the Annex to the Commission Recommendation,
- (b) “*medium-sized enterprise*” means an enterprise which—
- (i) falls within the category of micro, small and medium-sized enterprises as defined in that Annex, and
- (ii) is not a small enterprise as defined in that Annex,
but for these purposes that Annex has effect with the modifications set out in sub-paragraphs (3) to (6) of this paragraph.
- (2) In this paragraph—
- “*the Annex*” means the Annex to the Commission Recommendation;
- “*the Commission Recommendation*” means Commission Recommendation 2003/361/EC of 6th May 2003 (concerning the definition of micro, small and medium-sized enterprises).
- (3) Where any enterprise is in liquidation or administration, the rights of the liquidator or administrator (in that capacity) shall be left out of account when applying Article 3(3)(b) of the Annex in determining for the purposes of this Schedule whether—
- (a) that enterprise, or
- (b) any other enterprise (including that of the liquidator or administrator),
is a small or medium-sized enterprise.
- (4) Article 3 of the Annex shall have effect with the omission of paragraph 5 (declaration in good faith where control cannot be determined etc).
- (5) The first sentence of Article 4(1) of the Annex shall have effect as if the data to apply to—
- (a) the headcount of staff, and
- (b) the financial amounts,
were the data relating to the chargeable period in paragraph 5B(1) above (instead of the period described in that sentence) and calculated on an annual basis.
- (6) Article 4 of the Annex shall have effect with the omission of the following provisions—
- (a) the second sentence of paragraph 1 (data to be taken into account from date of closure of accounts);
- (b) paragraph 2 (no change of status unless ceilings exceeded for two consecutive periods);
- (c) paragraph 3 (bona fide estimate in case of newly established enterprise).
### Meaning of “qualifying territory” and “non-qualifying territory”
##### 5E
- (1) In this Schedule—
- “*non-qualifying territory*” means any territory which is not a qualifying territory;
- “*qualifying territory*” means—the United Kingdom, orany territory as respects which Condition 1 or Condition 2 below is satisfied.
- (2) Condition 1 is that—
- (a) arrangements to which section 788 applies (double taxation relief by agreement with other territories) have been made in relation to the territory;
- (b) those arrangements contain a non-discrimination provision (see sub-paragraphs (4) and (5) below); and
- (c) the territory is not designated as a non-qualifying territory for the purposes of this sub-paragraph in regulations made by the Treasury.
- (3) Condition 2 is that—
- (a) arrangements to which section 788 applies have been made in relation to the territory; and
- (b) the territory is designated as a qualifying territory for the purposes of this sub-paragraph in regulations made by the Treasury.
- (4) For the purposes of this paragraph a “*non-discrimination provision*”, in relation to any arrangement to which section 788 applies, is a provision to the effect that nationals of a state which is a party to those arrangements (a “contracting state”) are not to be subject in any other contracting state to—
- (a) any taxation, or
- (b) any requirement connected with taxation,
which is other or more burdensome than the taxation and connected requirements to which nationals of that other state in the same circumstances (in particular with respect to residence) are or may be subjected.
- (5) In this paragraph, “*national*”, in relation to a contracting state, includes—
- (a) any individual possessing the nationality or citizenship of the contracting state,
- (b) any legal person, partnership or association deriving its status as such from the laws in force in that contracting state.
- (6) A statutory instrument containing regulations under this paragraph shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
### Elimination of double counting
##### 6
- (1) This paragraph applies where—
- (a) only one of the affected persons (“the advantaged person”) is a person on whom a potential advantage in relation to United Kingdom taxation is conferred by the actual provision; and
- (b) the other affected person (“the disadvantaged person”) is within the charge to income tax or corporation tax in respect of profits arising from the relevant activities.
- (2) Subject to sub-paragraphs (3) to (6) and paragraphs6C, 6D, 7 and 8 below, on the making of a claim by the disadvantaged person for the purposes of this paragraph—
- (a) the profits and losses of the disadvantaged person shall be computed for tax purposes as if the arm’s length provision had been made or imposed instead of the actual provision; and
- (b) notwithstanding any limit in the Tax Acts on the time within which any adjustment may be made, all such adjustments shall be made in his case as may be required to give effect to the assumption that the arm’s length provision was made or imposed instead of the actual provision.
- (3) A claim made by the disadvantaged person for the purposes of this paragraph—
- (a) shall not be made unless a computation has been made in the case of the advantaged person on the basis that the arm’s length provision was made or imposed instead of the actual provision; and
- (b) must be consistent with the computation made on that basis in the case of the advantaged person.
- (4) For the purposes of sub-paragraph (3) above a computation shall be taken to have been made in the case of the advantaged person on the basis that the arm’s length provision was made or imposed instead of the actual provision if, and only if—
- (a) the computations made for the purposes of any return by the advantaged person have been made on that basis by virtue of this Schedule; or
- (b) a relevant notice given to the advantaged person takes account of a determination in pursuance of this Schedule of an amount falling to be brought into account for tax purposes on that basis.
- (4A) A claim by the disadvantaged person for the purposes of this paragraph shall not be made where—
- (a) the condition in paragraph 1(1)(b) above would not be satisfied but for paragraph 4A above;
- (b) the actual provision is provision in relation to a security issued by one of the affected persons (“*the issuer*”);
- (c) a guarantee is provided in relation to the security by a person with whom the issuer has a participatory relationship.
In this sub-paragraph “*security*” and “*guarantee*” have the same meaning as in paragraph 1A above.
- (4B) For the purposes of sub-paragraph (4A) above, the cases where one person has a “*participatory relationship*” with another are those where—
- (a) one of them is directly or indirectly participating in the management, control or capital of the other; or
- (b) the same person or persons is or are directly or indirectly participating in the management, control or capital of each of them.
- (4C) Paragraph 4A above applies for the purposes of sub-paragraph (4B) above as it applies for the purposes of paragraph 1(1)(b) above.
- (5) Subject to section 111(3)(b) of the Finance Act 1998 (which provides for the extension of the period for making a claim), a claim for the purposes of this paragraph shall not be made except within one of the following periods—
- (a) in a case where a return has been made by the advantaged person on the basis mentioned in sub-paragraph (3)(a) above, the period of two years beginning with the day of the making of the return; and
- (b) in any case where a relevant notice taking account of such a determination as is mentioned in sub-paragraph (4)(b) above has been given to the advantaged person, the period of two years beginning with the day on which that notice was given.
- (6) Subject to section 111(3)(b) of the Finance Act 1998, where—
- (a) a claim for the purposes of this paragraph is made by the disadvantaged person in relation to a return made on the basis mentioned in sub-paragraph (3)(a) above, and
- (b) a relevant notice taking account of such a determination as is mentioned in sub-paragraph (4)(b) above is subsequently given to the advantaged person,
the disadvantaged person shall be entitled, within the period mentioned in sub-paragraph (5)(b) above, to make any such amendment of the claim as may be appropriate in consequence of the determination contained in that notice.
- (7) In this paragraph—
- “*relevant notice*” means—a closure notice under section 28A(1) or 28B(1) of the Management Act in relation to an enquiry into a return under section 8 or 8A of that Act or into a partnership return;a closure notice under paragraph 32 of Schedule 18 to the Finance Act 1998 in relation to an enquiry into a company tax return;a notice of an assessment under section 29 of the Management Act;a notice of any discovery assessment or discovery determination under paragraph 41 of Schedule 18 to the Finance Act 1998 (including any notice of an assessment by virtue of paragraph 52 of that Schedule);a notice under section 30B(1) of the Management Act amending a partnership return;
- “*return*” means any return required to be made under the Management Act or Schedule 18 to the Finance Act 1998 for income tax or corporation tax purposes or any voluntary amendment of such a return; and
- “*voluntary amendment*”, in relation to a return, means —an amendment under section 9ZA or 12ABA of the Management Act (amendment of personal, trustee or partnership return by taxpayer), oran amendment under Schedule 18 to the Finance Act 1998 other than one made in response to the giving of a relevant notice.
### Application of paragraph 6 in relation to transfers of trading stock etc
##### 6A
- (1) Paragraph 6(2)(a) above does not affect the credits to be brought into account by the disadvantaged person in respect of—
- (a) closing trading stock, or
- (b) closing work in progress in a trade,
for accounting periods ending on or after the last day of the relevant accounting period of the advantaged person.
- (2) For the purposes of sub-paragraph (1) above, the relevant accounting period of the advantaged person is the accounting period in which the actual provision was made or imposed.
- (3) For the purposes of this paragraph “*trading stock*”, in relation to any trade, has the meaning given by section 174 of ITTOIA 2005 or section 163 of CTA 2009.
### Compensating adjustment where advantaged person is a controlled foreign company
##### 6B
- (1) This paragraph applies in any case where—
- (a) the actual provision is provision made or imposed in relation to a controlled foreign company,
- (b) in determining for the purposes of Chapter 4 of Part 17 the amount of that company’s chargeable profits for an accounting period, its profits and losses fall to be computed in accordance with paragraph 1(2) above in the case of that provision,
- (c) the whole of those chargeable profits fall to be apportioned under section 747(3) to one or more companies resident in the United Kingdom, and
- (d) tax is chargeable by virtue of section 747(4) in respect of the whole of those chargeable profits, as so apportioned to those companies.
- (2) Where this paragraph applies, paragraph 6 above shall have effect as if the controlled foreign company were a person on whom a potential advantage in relation to United Kingdom taxation were conferred by the actual provision.
- (3) In the application of paragraph 6 above by virtue of this paragraph—
- (a) references to the advantaged person in sub-paragraphs (4)(a) and (b), (5)(a) and (b) and (6)(b) of that paragraph include a reference to any of the companies mentioned in sub-paragraph (1)(c) above, and
- (b) references to corporation tax include a reference to tax chargeable by virtue of section 747(4).
- (4) In this paragraph—
- “*controlled foreign company*” has the same meaning as in Chapter 4 of Part 17;
- “*accounting period*”, in relation to a controlled foreign company, has the same meaning as in Chapter 4 of Part 17.
### Claims under paragraph 6 where paragraph 1A applies
##### 6C
- (1) Where paragraph 1A above applies in relation to any provision, this paragraph has effect in relation to that provision.
- (2) A claim under paragraph 6(2) above may be made in accordance with this paragraph.
For the purposes of this Schedule a “paragraph 6C claim” is a claim under paragraph 6(2) above made in accordance with this paragraph.
- (3) A paragraph 6C claim may be made by—
- (a) the disadvantaged person, or
- (b) the advantaged person,
but any such claim made by the advantaged person shall be taken to be made on behalf of the disadvantaged person.
- (4) A paragraph 6C claim may be made before or after a computation falling within paragraph 6(3)(a) above has been made.
- (5) A paragraph 6C claim must be made either—
- (a) at any time before the end of the period mentioned in paragraph 6(5)(a) above, or
- (b) within the period mentioned in paragraph 6(5)(b) above,
but this is subject to section 111(3)(b) of the Finance Act 1998 (extension of period for making a claim).
- (6) A paragraph 6C claim is not a claim within paragraph 57 or 58 of Schedule 18 to the Finance Act 1998 (company tax returns, assessments and related matters).
Accordingly, paragraph 59 of that Schedule (application of Schedule 1A to the Management Act) has effect in relation to a paragraph 6C claim.
- (7) Where—
- (a) a paragraph 6C claim is made before a computation falling within paragraph 6(3)(a) above has been made,
- (b) such a computation is subsequently made, and
- (c) the claim is not consistent with the computation,
the affected persons shall be treated as if (instead of the claim actually made) a claim had been made that was consistent with the computation.
- (8) All such adjustments shall be made (whether by discharge or repayment of tax, the making of assessments or otherwise) as are required to give effect to sub-paragraph (7) above.
- (9) Sub-paragraph (8) above has effect notwithstanding any limit on the time within which any adjustment may be made.
- (10) Where—
- (a) a paragraph 6C claim is made,
- (b) a return is subsequently made by the advantaged person on the basis mentioned in paragraph 6(3)(a) above, and
- (c) a relevant notice (within the meaning of paragraph 6 above) taking account of such a determination as is mentioned in paragraph 6(4)(b) above is subsequently given to the advantaged person,
sub-paragraph (11) below applies.
- (11) Where this sub-paragraph applies, any such amendment of the paragraph 6C claim as may be appropriate in consequence of the determination contained in the relevant notice may be made by—
- (a) the disadvantaged person, or
- (b) the advantaged person,
but any such amendment made by the advantaged person shall be taken to be made on behalf of the disadvantaged person.
- (12) Any such amendment must be made within the period mentioned in paragraph 6(5)(b) above.
But that is subject to section 111(3)(b) of the Finance Act 1998 (extension of period for making amendment).
### Compensating adjustment for guarantor company etc where paragraph 1B applies
##### 6D
- (1) This paragraph applies in any case where—
- (a) a company (“the issuing company”) has liabilities under a security issued by the company,
- (b) those liabilities are to any extent the subject of a guarantee provided by a company (“the guarantor company”), and
- (c) in computing the profits and losses of the issuing company for tax purposes, the amounts to be deducted in respect of interest or other amounts payable under the security fall to be reduced (whether or not to nil) under paragraph 1(2) above by virtue of paragraph 1B above.
- (2) On the making of a claim in any such case, the guarantor company shall, to the extent of that reduction, be treated for all purposes of the Taxes Acts as if it (and not the issuing company)—
- (a) had issued the security,
- (b) owed the liabilities under it, and
- (c) had paid any interest or other amounts paid under it by the issuing company,
and in computing the profits and losses of the guarantor company for those purposes amounts shall be brought into account accordingly.
This sub-paragraph is subject to the following provisions of this paragraph.
- (3) Where the issuing company’s liabilities under the security are the subject of two or more guarantees (whether or not provided by the same person) TD must not exceed TR, where—
- TD is the total of the amounts brought into account by the guarantor companies by virtue of sub-paragraph (2) above, and
- TR is the total amount of the reductions that fall within sub-paragraph (1)(c) above.
- (4) In this paragraph “*the loan provision*” means the actual provision made or imposed between—
- (a) the issuing company, and
- (b) another company (“the lending company”),
which is provision in relation to the security.
- (5) Where—
- (a) the guarantor company makes a claim under sub-paragraph (2) above, and
- (b) the lending company makes a claim under paragraph 6 above in respect of the loan provision,
sub-paragraphs (6) and (7) below apply.
- (6) In determining, in a case where this sub-paragraph applies, the arm’s length provision for the purposes of paragraph 6(2)(a) above in relation to the lending company’s claim, additional amounts shall be brought into account as credits corresponding to the debits that fall to be brought into account by virtue of sub-paragraph (2) above in relation to the guarantor company.
- (7) If, in a case where this sub-paragraph applies,—
- (a) the lending company makes its claim under paragraph 6 above before the guarantor company makes its claim under sub-paragraph (2) above, and
- (b) the computation on which the lending company’s claim is based does not comply with sub-paragraph (6) above,
the guarantor company’s claim shall be disallowed.
- (8) A claim under sub-paragraph (2) above may be made by—
- (a) the guarantor company,
- (b) where there are two or more guarantor companies, those companies acting together, or
- (c) the issuing company,
but any claim made by the issuing company shall be taken to be made on behalf of the guarantor company or companies.
- (9) Sub-paragraphs (3) to (6) of paragraph 6 above (claims and time limits) shall apply in relation to a claim under sub-paragraph (2) above made by or on behalf of any person or persons as they apply in relation to a claim under that paragraph made by the disadvantaged person, but taking references in those sub-paragraphs—
- (a) to the advantaged person, as references to the issuing company, and
- (b) to the disadvantaged person, as references to the guarantor company or companies.
- (10) The following provisions of paragraph 1A above also apply for the purposes of this paragraph—
- (a) sub-paragraph (7) (construction of references to a guarantee);
- (b) sub-paragraph (9) (meaning of security);
- (c) sub-paragraph (10) (extended meaning of security).
- (11) In this paragraph “*the Taxes Acts*” has the meaning given in section 118(1) of the Management Act.
### Certain interest not to be regarded as chargeable
##### 6E
Where—
- (a) interest is paid by any person under the actual provision,
- (b) paragraph 1(2) above applies in relation to the actual provision,
- (c) the amount of interest that would have been payable under the arm’s length provision is less than the amount of interest paid under the actual provision (or there would not have been any interest payable),
- (d) the person receiving the interest makes a claim under paragraph 6 above or a paragraph 6C claim,
the interest paid under the actual provision, to the extent that it exceeds the amount of interest that would have been payable under the arm’s length provision, shall not be regarded as chargeable under . . . Chapter 2 of Part 4 of ITTOIA 2005or required to be brought into account under Part 5 of CTA 2009 as a non-trading creditand shall not be subject to the provisions of Part 15 of ITA 2007 (deduction of income tax at source).
### Adjustment of disadvantaged person’s double taxation relief
##### 7
- (1) Subject to sub-paragraph (4) below, where—
- (a) a claim is made for the purposes of paragraph 6 above, and
- (b) the disadvantaged person is entitled, on that claim, to make a computation, or to have an adjustment made in his case, on the basis that the arm’s length provision was made or imposed instead of the actual provision,
the assumptions specified in sub-paragraph (2) below shall apply, in the disadvantaged person’s case, as respects any credit for foreign tax which the disadvantaged person has been or may be given in pursuance of any double taxation arrangements or under section 790(1).
- (2) Those assumptions are—
- (a) that the foreign tax paid or payable by the disadvantaged person does not include any amount of foreign tax which would not be or have become payable were it to be assumed for the purposes of that tax that the arm’s length provision had been made or imposed instead of the actual provision; and
- (b) that the amount of the relevant profits of the disadvantaged person in respect of which he is given credit for foreign tax does not include the amount (if any) by which his relevant profits are treated as reduced in accordance with paragraph 6 above.
- (3) Sub-paragraph (4) below applies if—
- (a) a claim is made for the purposes of paragraph 6 above;
- (b) the disadvantaged person is entitled, on that claim, to make a computation, or to have an adjustment made in his case, on the basis that the arm’s length provision was made or imposed instead of the actual provision;
- (c) the application of that basis in the computation of the disadvantaged person’s profits or losses for any chargeable period involves a reduction in the amount of any income; and
- (d) that income is also income that falls to be treated as reduced in accordance with section 811(1).
- (4) Where this sub-paragraph applies—
- (a) the reduction mentioned in sub-paragraph (3)(c) above shall be treated as made before any reduction under section 811(1); and
- (b) tax paid, in the place in which any income arises, on so much of that income as is represented by the amount of the reduction mentioned in sub-paragraph (3)(c) above shall be disregarded for the purposes of section 811(1).
- (5) Where, in a case in which a claim has been made for the purposes of paragraph 6 above, any adjustment is required to be made for the purpose of giving effect to any of the preceding provisions of this paragraph—
- (a) it may be made in any case by setting the amount of the adjustment against any relief or repayment to which the disadvantaged person is entitled in pursuance of that claim; and
- (b) nothing in the Tax Acts limiting the time within which any assessment is to be or may be made or amended shall prevent that adjustment from being so made.
- (6) References in this paragraph to relevant profits of the disadvantaged person are references to profits arising to the disadvantaged person from the carrying on of the relevant activities.
### Balancing payments between affected persons: no charge to, or relief from, tax
##### 7A
- (1) This paragraph applies where—
- (a) the circumstances are as described in paragraph 6(1) above,
- (b) one or more payments (the “balancing payments”) are made to the advantaged person by the disadvantaged person, and
- (c) the sole or main reason for making those payments is that paragraph 1(2) above applies.
- (2) To the extent that the balancing payments do not in the aggregate exceed the amount of the available compensating adjustment, those payments—
- (a) shall not be taken into account in computing profits or losses of either of the affected persons for the purposes of income tax or corporation tax, and
- (b) shall not for any of the purposes of the Corporation Tax Acts be regarded as distributions . . . .
- (3) In this paragraph “*the available compensating adjustment*” means the difference between PL1 and PL2 where—
- PL1 is the profits and losses of the disadvantaged person computed for tax purposes on the basis of the actual provision, and
- PL2 is the profits and losses of the disadvantaged person as they fall (or would fall) to be computed for tax purposes on a claim under paragraph 6 above,
### Securities: election to discharge tax liability instead of making balancing payments
##### 7B
- (1) This paragraph applies in any case where—
- (a) both of the affected persons are companies,
- (b) the circumstances are as described in paragraph 6(1) above, and
- (c) the actual provision is provision in relation to a security (the “relevant security”).
- (2) The disadvantaged person may make an election under this paragraph in respect of the relevant security if the condition in sub-paragraph (3) below is satisfied.
- (3) The condition is that—
- (a) the actual provision forms part of a capital market arrangement,
- (b) the capital market arrangement involves the issue of a capital market investment,
- (c) the securities that represent the capital market investment are issued wholly or mainly to independent persons (see sub-paragraph (9) below), and
- (d) the total value of the capital market investments made under the capital market arrangement is at least £50 million.
- (4) An election under this paragraph in respect of the relevant security is an election for the disadvantaged person—
- (a) to make no balancing payment within paragraph 7A above to the advantaged person in respect of the application of paragraph 1(2) above in relation to the relevant security in a chargeable period by virtue of paragraph 1A above, but
- (b) instead, to undertake sole responsibility for discharging the advantaged person’s liability to tax for that period so far as resulting from the application of paragraph 1(2) above in relation to the relevant security by virtue of paragraph 1A above.
- (5) Where an election under this paragraph has effect in relation to an accounting period of the advantaged person, the tax mentioned in sub-paragraph (4)(b) above—
- (a) shall be recoverable from the disadvantaged person as if it were an amount of corporation tax due and owing from that person, and
- (b) shall not be recoverable from the advantaged person.
- (6) Any election under this paragraph in respect of the relevant security—
- (a) must be made by being included (whether by amendment or otherwise) in the disadvantaged person’s company tax return for the chargeable period in which the relevant security is issued,
- (b) has effect in relation to each of the affected persons for the chargeable period in which the relevant security is issued and all subsequent chargeable periods, and
- (c) is irrevocable.
For the purposes of this sub-paragraph a security issued in a chargeable period beginning before 1st April 2004 shall be treated as if it had been issued in the chargeable period beginning on that date.
- (7) An election under this paragraph by a person is of no effect if the Board give that person a notice under this sub-paragraph refusing to accept the election.
- (8) A notice under sub-paragraph (7) above may be given only after a notice of enquiry in respect of the company tax return containing the election has been given to the disadvantaged person.
- (9) In this paragraph—
- “*capital market arrangement*” has the same meaning as in section 72B(1) of the Insolvency Act 1986 (see paragraph 1 of Schedule 2A to that Act);
- “*capital market investment*” has the same meaning as in section 72B(1) of the Insolvency Act 1986 (see paragraphs 2 and 3 of Schedule 2A to that Act);
- “*company tax return*” means the return required to be delivered pursuant to a notice under paragraph 3 of Schedule 18 to the Finance Act 1998, as read with paragraph 4 of that Schedule;
- “*independent person*” means a person—who is not the disadvantaged person, andwho does not have a participatory relationship with either of the affected persons.
- (10) The following provisions of paragraph 1A above also apply for the purposes of this paragraph—
- (a) sub-paragraph (8) (meaning of participatory relationship);
- (b) sub-paragraph (9) (meaning of security);
- (c) sub-paragraph (10) (extended meaning of security).
### Balancing payments by guarantor to issuer: no charge to, or relief from, tax
##### 7C
- (1) This paragraph applies in any case where—
- (a) the circumstances are as described in paragraph 6D(1) above,
- (b) one or more payments (the “balancing payments”) are made by the guarantor company to the issuing company, and
- (c) the sole or main reasons for making those payments are that paragraph 1(2) above applies by virtue of paragraph 1B above or that paragraph 6D above applies.
- (2) To the extent that the balancing payments made by all the guarantor companies do not in the aggregate exceed the amount TR in paragraph 6D(3) above (total reductions within paragraph 6D(1)(c) above), those payments—
- (a) shall not be taken into account in computing for the purposes of corporation tax the profits or losses of the guarantor company or companies or the issuing company, and
- (b) shall not for any purpose of the Corporation Tax Acts be regarded as distributions . . . .
### Guarantees: election to discharge tax liability instead of making balancing payments
##### 7D
- (1) This paragraph applies where the following conditions are satisfied—
- (a) both of the affected persons are companies,
- (b) the circumstances are as described in paragraph 6(1) above,
- (c) the actual provision falls within paragraph 1B(1) above.
- (2) Sub-paragraphs (2) to (8) of paragraph 7B above apply in a case where this paragraph applies as they apply in a case where that paragraph applies, but with the modifications in sub-paragraphs (3) and (4) below.
- (3) The relevant security is the security in paragraph 1B(1)(a) above.
- (4) In sub-paragraph (4) (nature of the election)—
- (a) for “paragraph 7A above” substitute paragraph 7C below;
- (b) for “paragraph 1A”, in both places, substitute paragraph 1B.
### Foreign exchange gains and losses and financial instruments
##### 8
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Special rules for sales etc. of oil
##### 9
- (1) Subject to paragraph 10 below, this paragraph applies to provision made or imposed by or in relation to the terms of a sale of oil if—
- (a) the oil sold is oil which has been, or is to be, extracted under rights exercisable by a company (“the producer") which (although it may be the seller) is not the buyer; and
- (b) at the time of the sale not less than 20 per cent. of the producer’s ordinary share capital is owned directly or indirectly by one or more of the following, that is to say, the buyer and the companies (if any) that are linked to the buyer.
- (2) Where this paragraph applies to provision made or imposed by or in relation to the terms of a sale of oil, this Schedule shall have effect as respects that provision as if the buyer, the seller and (if it is not the seller) the producer were all controlled by the same person at the time of the making or imposition of that provision.
- (3) For the purposes of this paragraph two companies are linked if—
- (a) one is under the control of the other; or
- (b) both are under the control of the same person or persons.
- (4) For the purposes of this paragraph—
- (a) any question whether ordinary share capital is owned directly or indirectly by a company shall be determined as for section 838;
- (b) rights to extract oil shall be taken to be exercisable by a company even if they are exercisable by that company only jointly with one or more other companies; and
- (c) a sale of oil shall be deemed to take place at the time of the completion of the sale or when possession of the oil passes, whichever is the earlier.
- (5) In this paragraph “*oil*” includes any mineral oil or relative hydrocarbon, as well as natural gas.
### Transactions and deemed transactions involving oil
##### 10
This Schedule does not apply in relation to provision made or imposed by means of any transaction or deemed transaction in the case of which the price or consideration is determined in accordance with any of subsections (1) to (4) of section 493 (transactions and deemed transactions involving oil treated as made at market value).
### Special provision for companies carrying on ring fence trades
##### 11
- (1) This paragraph applies where any person (“the taxpayer") carries on as, or as part of, a trade any activities (“the ring fence trade") which, in accordance with section 492(1) above or section 16(1) of ITTOIA 2005 either—
- (a) fall to be treated for any tax purposes as a separate trade, distinct from all other activities carried on by him as part of the trade; or
- (b) would so fall if the taxpayer did carry on any other activities as part of that trade.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to paragraph 10 above and sub-paragraph (4) below, this Schedule shall have effect as respects any provision made or imposed by the taxpayer as between the ring fence trade and any other activities carried on by him as if—
- (a) that trade and those activities were carried on by two different persons;
- (b) that provision were made or imposed as between those two persons by means of a transaction;
- (c) a potential advantage in relation to United Kingdom taxation were conferred by that provision on each of those two persons; and
- (d) those two persons were both controlled by the same person at the time of the making or imposition of that provision; . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) This Schedule shall apply in accordance with this paragraph in relation to any provision mentioned in sub-paragraph . . . (3) above only where the effect of its application in relation to that provision is either—
- (a) that a larger amount (including, if there would not otherwise have been profits, an amount of more than nil) is taken for tax purposes to be the amount of the profits of the ring fence trade for any chargeable period; or
- (b) that a smaller amount (including nil) is taken for tax purposes to be the amount for any chargeable period of any losses of that trade.
### Appeals
##### 12
- (1) Sub-paragraph (4) applies in so far as—
- (a) the question in dispute on any appeal falling within sub-paragraph (2) below is or involves a determination of whether this Schedule has effect, and
- (b) the question relates to any provision made or imposed as between any two persons each of whom is within the charge to income tax or corporation tax in respect of profits arising from the relevant activities.
- (2) The appeals falling within this sub-paragraph are—
- (a) any appeal under section 31 of, or Schedule 1A to, the Management Act;
- (b) any appeal under paragraph 34(3) of Schedule 18 to the Finance Act 1998 against an amendment of a company’s return; and
- (c) any appeal under paragraph 48 of that Schedule against a discovery assessment or a discovery determination.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where this sub-paragraph applies—
- (a) each of the persons as between whom the actual provision was made or imposed shall be entitled to be a party in any proceedings;
- (b) the tribunal shall determine that question separately from any other questions in those proceedings; and
- (c) the tribunal's determination on that question shall have effect as if made in an appeal to which each of those persons was a party.
- (5) In this paragraph—
- “*discovery assessment*” means a discovery assessment under paragraph 41 of Schedule 18 to the Finance Act 1998 (including one by virtue of paragraph 52 of that Schedule); and
- “*discovery determination*” means a discovery determination under paragraph 41 of that Schedule.
### Saving for the provisions relating to capital allowances and capital gains
##### 13
- (1) Nothing in this Schedule shall be construed as affecting—
- (a) the computation of the amount of any capital allowance or balancing charge made under the Capital Allowances Act; or
- (b) the computation in accordance with the 1992 Act of the amount of any chargeable gain or allowable loss;
and nothing in this Schedule shall require the profits or losses of any person to be computed for tax purposes as if, in his case, instead of income or losses falling to be brought into account in connection with the taxation of income, there were gains or losses falling to be brought into account in accordance with the 1992 Act.
- (2) Nothing in sub-paragraph (1) above applies to paragraph 6 above.
### General interpretation etc.
##### 14
- (1) In this Schedule—
- “*the actual provision*” and “*the affected persons*” shall be construed in accordance with paragraph 1(1) above;
- “*the arm*”s length provision’ shall be construed in accordance with paragraph 1(2) and (3) above;
- “*double taxation arrangements*” means arrangements having effect by virtue of section 788;
- “*foreign tax*” means any tax under the law of a territory outside the United Kingdom or any amount which falls for the purposes of any double taxation arrangements to be treated as if it were such tax;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*losses*” includes amounts which are not losses but in respect of which relief may be given in accordance with any of the following enactments—section 1223 of CTA 2009 (excess of management expenses);section 468L(5) (allowance for interest distributions of a unit trust);Part X (loss relief and group relief);sections 387 to 391 or Chapter 16 of Part 5 of CTA 2009 (deficits on loan relationships);
- “*medium-sized enterprise*” shall be construed in accordance with paragraph 5D above;
- “*non-qualifying territory*” has the meaning given by paragraph 5E above;
- “*paragraph 6C claim*” has the meaning given by paragraph 6C(2) above;
- “*profits*” includes income;
- “*qualifying territory*” has the meaning given by paragraph 5E above;
- “*the relevant activities*”, in relation to a person who is one of the persons as between whom any provision is made or imposed, means such of his activities as—comprise the activities in the course of which, or with respect to which, that provision is made or imposed; andare not activities carried on either separately from those activities or for the purposes of a different part of that person’s business;
- “*small enterprise*” shall be construed in accordance with paragraph 5D above;
- “*transaction*” and “*series of transactions*” shall be construed in accordance with paragraph 3 above.
- (2) Without prejudice to paragraphs 9(2) and 11(3) above, references in this Schedule to a person controlling a body corporate or a partnership shall be construed in accordance with section 840.
- (3) In determining for the purposes of this Schedule whether a person has an entitlement, in pursuance of any double taxation arrangements or under section 790(1), to be given credit for foreign tax, any requirement that a claim is made before such a credit is given shall be disregarded.
- (4) Any adjustments required to be made by virtue of this Schedule may be made by way of discharge or repayment of tax, by the modification of any assessment or otherwise.
- (5) This Schedule shall have effect as if—
- (a) a unit trust scheme were a company that is a body corporate;
- (b) the rights of the unit holders under such a scheme were shares in the company that the scheme is deemed to be;
- (c) rights and powers of a person in the capacity of a person entitled to act for the purposes of the scheme were rights and powers of the scheme; and
- (d) provision made or imposed as between any person in such a capacity and another person were made or imposed as between the scheme and that other person.
## SCHEDULE 28AB
### Introductory
##### 1
- (1) A scheme or arrangement, other than a scheme or arrangement falling within sub-paragraph (3), is a prescribed scheme or arrangement if one or more of paragraphs 2 to 6 apply to it.
- (2) A scheme or arrangement falling within sub-paragraph (3) is a prescribed scheme or arrangement if one or more of paragraphs 2 to 6 would, on the assumption in sub-paragraph (4), apply to it.
- (3) A scheme or arrangement falls within this sub-paragraph if its main purpose, or one of its main purposes, is to cause an amount of underlying tax allowable in respect of a dividend paid by a body corporate resident in a territory outside the United Kingdom to be taken into account in the case of a person.
- (4) The assumption is that the body corporate is resident in the United Kingdom.
- (5) Nothing in sub-paragraph (4) requires it to be assumed that there is any change in the place or places at which the body corporate carries on its activities.
### Attribution of foreign tax
##### 2
This paragraph applies to a scheme or arrangement if the scheme or arrangement enables a person who is party to, or concerned in, the scheme or arrangement to pay, in respect of a source of income or chargeable gain, an amount of foreign tax all or part of which is properly attributable to another source of income or chargeable gain (or to more than one such other source).
### Effect of paying foreign tax
##### 3
- (1) This paragraph applies to a scheme or arrangement if, under the scheme or arrangement, sub-paragraph (2) is satisfied in relation to a person who has claimed, or is in a position to claim, for a chargeable period an allowance under any arrangements by way of credit for foreign tax (“*the claimant*”).
- (2) This sub-paragraph is satisfied if—
- (a) an amount of foreign tax is paid by the claimant, and
- (b) at the time when the claimant entered into the scheme or arrangement, it could reasonably be expected that the effect of the payment of that amount of foreign tax on the foreign tax total would be to increase it by less than the amount allowable to the claimant as a credit in respect of the payment of that amount of foreign tax.
- (3) The foreign tax total is the amount found by—
- (a) aggregating the amounts of foreign tax paid or payable in respect of the transaction or transactions forming part of the scheme or arrangement by persons party to, or concerned in, the scheme or arrangement, and
- (b) taking into account any reliefs, deductions, reductions or allowances against or in respect of any tax that arise to the persons party to, or concerned in, the scheme or arrangement (including any reliefs, deductions, reductions or allowances arising to any one or more of those persons as a consequence of the payment by the claimant of that amount of foreign tax).
### Effect of claim, election or other arrangement
##### 4
- (1) This paragraph applies to a scheme or arrangement if under the scheme or arrangement—
- (a) a step is taken by a person who is party to, or concerned in, the scheme or arrangement, or
- (b) a step that could have been taken by such a person is not taken,
and that action or that failure to act has the effect of increasing a claim made by a person who is party to, or concerned in, the scheme or arrangement for an allowance by way of credit in accordance with this Part or of giving rise to such a claim.
- (2) The steps mentioned in sub-paragraph (1) are steps that may be made—
- (a) under the law of any territory, or
- (b) under arrangements made in relation to any territory.
- (3) The steps mentioned in sub-paragraph (1) include—
- (a) claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances;
- (b) making elections for tax purposes.
### Effect attributable to scheme or arrangement
##### 5
- (1) This paragraph applies to a scheme or arrangement if, under the scheme or arrangement, sub-paragraph (2) is satisfied in relation to a person who has claimed, or is in a position to claim, for a chargeable period an allowance under any arrangements by way of credit for foreign tax.
- (2) This sub-paragraph is satisfied if amount A is less than amount B.
- (3) Amount A is the amount of United Kingdom taxes payable by the person in respect of income and chargeable gains arising in the chargeable period.
- (4) Amount B is the amount of United Kingdom taxes that would be payable by the person in respect of income and chargeable gains arising in the chargeable period if, in determining that amount, the transactions forming part of the scheme or arrangement were disregarded.
### Tax deductible payments
##### 6
- (1) This paragraph applies to a scheme or arrangement if the scheme or arrangement includes—
- (a) the making by a person (“A”) of a relevant payment or payments, and
- (b) the giving, in respect of that payment or payments, of consideration that satisfies the requirements of sub-paragraph (3).
- (2) A payment made by A is a relevant payment if all or part of it may be brought into account in computing A's income for the purposes of United Kingdom taxes.
- (3) Consideration given in respect of a payment or payments made by A satisfies the requirements of this sub-paragraph if—
- (a) all or part of it consists of a payment or payments made to A or a person connected with A, and
- (b) tax is chargeable in respect of the payment or payments under the law of a territory outside the United Kingdom.
- (4) In this paragraph references to a payment include references to a transfer of money's worth.
- (5) Section 839 applies for the purposes of this paragraph.
## SCHEDULE 28B
### Introductory
##### 1
- (1) This Schedule applies, where any shares in or securities of any company (“the relevant company”) are at any time held by another company (“the trust company”), for determining whether and to what extent those shares or securities (“the relevant holding”) are, for the purposes of section 842AA, to be regarded as at that time comprised in the trust company’s qualifying holdings.
- (2) The relevant holding shall be regarded as comprised in the trust company’s qualifying holdings at any time if—
- (a) all the requirements of the following provisions of this Schedule are satisfied at that time in relation to the relevant company and the relevant holding; and
- (b) the relevant holding consists of shares or securities which were first issued by the relevant company to the trust company and have been held by the trust company ever since.
- (3) Subject to paragraph 6(3) below, where the requirements of paragraph 6 or 7 below would be satisfied as to only part of the money raised by the issue of the relevant holding and that holding is not otherwise capable of being treated as comprising separate holdings, this Schedule shall have effect in relation to that holding as if it were two holdings consisting of—
- (a) a holding from which that part of the money was raised; and
- (b) a holding from which the remainder was raised;
and section 842AA shall have effect as if the value of the holding were to be apportioned accordingly between the two holdings which are deemed to exist in pursuance of this sub-paragraph.
### Requirement that company must be unquoted company
##### 2
- (1) The requirement of this paragraph is that the relevant company (whether or not it is resident in the United Kingdom) must be an unquoted company.
- (2) In this paragraph “*unquoted company*” means a company none of whose shares, stocks, debentures or other securities is marketed to the general public.
- (3) For the purposes of this paragraph shares, stocks, debentures or other securities are marketed to the general public if they are—
- (a) listed on a recognised stock exchange,
- (b) listed on a designated exchange in a country outside the United Kingdom, or
- (c) dealt in on the Unlisted Securities Market or dealt in outside the United Kingdom by such means as may be designated.
- (4) In sub-paragraph (3) above “*designated*” means designated by an order made by the Board for the purposes of that sub-paragraph; and an order made for the purposes of paragraph (b) of that sub-paragraph may designate an exchange by name, or by reference to any class or description of exchanges, including a class or description framed by reference to any authority or approval given in a country outside the United Kingdom.
- (5) Section 828(1) does not apply to an order made for the purposes of sub-paragraph (3) above.
- (6) Where a company any shares in or securities of which are included in the qualifying holdings of the trust company ceases at any time while the trust company is approved as a venture capital trust to be an unquoted company, the requirements of this paragraph shall be deemed, in relation to shares or securities acquired by the trust company before that time, to continue to be satisfied for a period of five years after that time.
### Requirements as to company’s business
##### 3
- (1) The requirements of this paragraph are as follows.
- (2) The relevant company must be one of the following, that is to say—
- (a) a company which exists wholly for the purpose of carrying on one or more qualifying trades or which so exists apart from purposes capable of having no significant effect (other than in relation to incidental matters) on the extent of the company’s activities; or
- (aa) the parent company of a trading group.
- (3) Subject to sub-paragraph (4) below, when the relevant holding was issued and at all times since, a qualifying company (whether or not the same such company at every such time) must have been either—
- (a) carrying on a qualifying trade wholly or mainly in the United Kingdom; or
- (b) preparing to carry on a qualifying trade which at the time when the relevant holding was issued was intended to be carried on wholly or mainly in the United Kingdom by a qualifying company,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The requirements of sub-paragraph (3) above shall not be capable of being satisfied by virtue of paragraph (b) of that sub-paragraph at any time after the end of the period of two years beginning with the issue of the relevant holding unless—
- (a) the intended trade was begun to be carried on by a qualifying company before the end of that period, and
- (b) at all times since the end of that period, a qualifying company (whether or not the same such company at every such time) has been carrying on a qualifying trade wholly or mainly in the United Kingdom.
- (5) The requirements of that sub-paragraph shall also be incapable of being so satisfied at any time after the abandonment, within the period mentioned in sub-paragraph (4) above, of the intention in question.
- (5A) In sub-paragraphs (3) and (4) above, “*qualifying company*” means the relevant company or any relevant qualifying subsidiary of that company.
- (5B) In determining for the purposes of sub-paragraph (4)(a) above when the intended trade was begun to be carried on by a qualifying company which is a relevant qualifying subsidiary of the relevant company there shall be disregarded any carrying on of the trade by it before it became such a subsidiary of the relevant company.
- (6) For the purposes of this paragraph a company is the parent company of a trading group if—
- (a) it has one or more subsidiaries;
- (b) each of its subsidiaries is a qualifying subsidiary of the company; and
- (c) the requirements of sub-paragraph (7) below are fulfilled by what would be the business of the company and its qualifying subsidiaries if all the activities, taken together, of the company and its qualifying subsidiaries were regarded as one business.
- (7) A business fulfils the requirements of this sub-paragraph if neither the business nor a substantial part of it consists in, or in either of, the following, that is to say—
- (a) activities falling within paragraph 4(2)(a) to (f) below but not within sub-paragraph (8) below; and
- (b) activities carried on otherwise than in the course of a trade.
- (8) The activities falling within this sub-paragraph are—
- (a) the receiving of royalties or licence fees in circumstances where the requirement mentioned in paragraph 4(5) below is satisfied in relation to the company receiving them;
- (b) the letting of ships, other than offshore installations or pleasure craft, on charter in circumstances where the requirements mentioned in paragraphs (a) to (d) of paragraph 4(7) below are satisfied in relation to the company so letting them.
- (9) Activities of a company or of any of its qualifying subsidiaries shall be disregarded for the purposes of sub-paragraphs (6) to (8) above to the extent that they consist in—
- (a) the holding of shares in or securities of, or the making of loans to, one or more of the company’s qualifying subsidiaries; or
- (b) the holding and managing of property used by the company or any of its qualifying subsidiaries for the purposes of—
- (i) research and development from which it is intended that a qualifying trade to be carried on by the company or any of its qualifying subsidiaries will be derived; or
- (ii) one or more qualifying trades so carried on.
- (10) Activities of a qualifying subsidiary of a company shall also be disregarded for the purposes of sub-paragraphs (6) to (8) above to the extent that they consist in—
- (a) the making of loans to the company; or
- (b) in the case of a mainly trading subsidiary, activities carried on in pursuance of its insignificant purposes (within the meaning given by sub-paragraph (11) below).
- (11) In sub-paragraph (10) above “*mainly trading subsidiary*” means a qualifying subsidiary which, apart from purposes (“*its insignificant purposes*”) which are capable of having no significant effect (other than in relation to incidental matters) on the extent of its activities, exists wholly for the purpose of carrying on one or more qualifying trades.
### Meaning of “qualifying trade”
##### 4
- (1) For the purposes of this Schedule—
- (a) a trade is a qualifying trade if it is a trade complying with this paragraph; and
- (b) the carrying on of any activities of research and development from which it is intended that there will be derived a trade that—
- (i) will comply with this paragraph, and
- (ii) will be carried on wholly or mainly in the United Kingdom,
shall be treated as the carrying on of a qualifying trade.
- (2) Subject to sub-paragraphs (3) to (9) below, a trade complies with this paragraph if neither that trade nor a substantial part of it consists in one or more of the following activities, that is to say—
- (a) dealing in land, in commodities or futures or in shares, securities or other financial instruments;
- (b) dealing in goods otherwise than in the course of an ordinary trade of wholesale or retail distribution;
- (c) banking, insurance, money-lending, debt-factoring, hire-purchase financing or other financial activities;
- (d) leasing (including letting ships on charter or other assets on hire) or receiving royalties or licence fees;
- (e) providing legal or accountancy services;
- (ea) property development;
- (eb) farming or market gardening;
- (ec) holding, managing or occupying woodlands, any other forestry activities or timber production;
- (ed) operating or managing hotels or comparable establishments, or managing property used as an hotel or comparable establishment;
- (ee) operating or managing nursing homes or residential care homes, or managing property used as a nursing home or residential care home;
- (f) providing services or facilities for any such trade carried on by another person (not being a company of which the company providing the services or facilities is a subsidiary) as—
- (i) consists, to a substantial extent, in activities within any of paragraphs (a) to (ee) above; and
- (ii) is a trade in which a controlling interest is held by a person who also has a controlling interest in the trade carried on by the company providing the services or facilities.
- (3) For the purposes of sub-paragraph (2)(b) above—
- (a) a trade of wholesale distribution is one in which the goods are offered for sale and sold to persons for resale by them, or for processing and resale by them, to members of the general public for their use or consumption;
- (b) a trade of retail distribution is one in which the goods are offered for sale and sold to members of the general public for their use or consumption; and
- (c) a trade is not an ordinary trade of wholesale or retail distribution if—
- (i) it consists, to a substantial extent, in dealing in goods of a kind which are collected or held as an investment, or in that activity and any other activity of a kind falling within sub-paragraph (2)(a) to (f) above, taken together; and
- (ii) a substantial proportion of those goods are held by the company for a period which is significantly longer than the period for which a vendor would reasonably be expected to hold them while endeavouring to dispose of them at their market value.
- (3A) For the purposes of this Schedule the activities of a person shall not be taken to fall within paragraph (ed) or (ee) of sub-paragraph (2) above except where that person has an estate or interest in, or is in occupation of, the hotels or comparable establishments or, as the case may be, the nursing homes or residential care homes.
- (4) In determining for the purposes of this paragraph whether a trade carried on by any person is an ordinary trade of wholesale or retail distribution, regard shall be had to the extent to which it has the following features, that is to say—
- (a) the goods are bought by that person in quantities larger than those in which he sells them;
- (b) the goods are bought and sold by that person in different markets;
- (c) that person employs staff and incurs expenses in the trade in addition to the cost of the goods and, in the case of a trade carried on by a company, to any remuneration paid to any person connected with it;
- (d) there are purchases or sales from or to persons who are connected with that person;
- (e) purchases are matched with forward sales or vice versa;
- (f) the goods are held by that person for longer than is normal for goods of the kind in question;
- (g) the trade is carried on otherwise than at a place or places commonly used for wholesale or retail trade;
- (h) that person does not take physical possession of the goods;
and for the purposes of this sub-paragraph the features specified in paragraphs (a) to (c) above shall be regarded as indications that the trade is such an ordinary trade and those in paragraphs (d) to (h) above shall be regarded as indications of the contrary.
- (5) A trade shall not be treated as failing to comply with this paragraph by reason only that it consists to a substantial extent in the receiving of royalties or licence fees if the royalties and licence fees (or all but for a part that is not a substantial part in terms of value) are attributable to the exploitation of relevant intangible assets.
- (6) For this purpose an intangible asset is a “*relevant intangible asset*” if the whole or greater part (in terms of value) of it has been created—
- (a) by the company carrying on the trade, or
- (b) by a company which at all times during which it created the intangible asset was—
- (i) the parent company of the company carrying on the trade, or
- (ii) a qualifying subsidiary of that parent company.
- (6A) In the case of a relevant asset that is intellectual property, references in sub-paragraph (6) above to the creation of the asset by a company are to its creation in circumstances in which the right to exploit it vests in the company (whether alone or jointly with others).
- (6B) For the purposes of sub-paragraphs (5) to (6A) above “*intangible asset*” means any asset which falls to be treated as an intangible asset in accordance with generally accepted accounting practice.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6C) For the purposes of sub-paragraph (6) above
- (a) “*parent company*” means a company that—
- (i) has one or more 51% subsidiaries, but
- (ii) is not itself a 51% subsidiary of another company; and
- (b) paragraph 10 below (meaning of “*qualifying subsidiary*”) shall apply as if the references in that paragraph to the relevant company were references to the parent company referred to in sub-paragraph (6)(b) above.
- (6D) For the purposes of sub-paragraph (6A) above “*intellectual property*” means—
- (a) any patent, trade mark, registered design, copyright, design right, performer’s right or plant breeder’s right; and
- (b) any rights under the law of a country or territory outside the United Kingdom which correspond or are similar to those falling within paragraph (a) above.
- (7) A trade shall not be treated as failing to comply with this paragraph by reason only of its consisting in letting ships, other than offshore installations or pleasure craft, on charter if—
- (a) every ship let on charter by the company carrying on the trade is beneficially owned by the company;
- (b) every ship beneficially owned by the company is registered in the United Kingdom;
- (c) the company is solely responsible for arranging the marketing of the services of its ships; and
- (d) the conditions mentioned in sub-paragraph (8) below are satisfied in relation to every letting of a ship on charter by the company;
but where any of the requirements mentioned in paragraphs (a) to (d) above are not satisfied in relation to any lettings, the trade shall not thereby be treated as failing to comply with this paragraph if those lettings and any other activity of a kind falling within sub-paragraph (2)(a) to (f) above do not, when taken together, amount to a substantial part of the trade.
- (8) The conditions are that—
- (a) the letting is for a period not exceeding 12 months and no provision is made at any time (whether in the charterparty or otherwise) for extending it beyond that period otherwise than at the option of the charterer;
- (b) during the period of the letting there is no provision in force (whether by virtue of being contained in the charterparty or otherwise) for the grant of a new letting to end, otherwise than at the option of the charterer, more than 12 months after that provision is made;
- (c) the letting is by way of a bargain made at arm’s length between the company and a person who is not connected with it;
- (d) under the terms of the charter the company is responsible as principal—
- (i) for taking, throughout the period of the charter, management decisions in relation to the ship, other than those of a kind generally regarded by persons engaged in trade of the kind in question as matters of husbandry; and
- (ii) for defraying all expenses in connection with the ship throughout that period, or substantially all such expenses, other than those directly incidental to a particular voyage or to the employment of the ship during that period;
and
- (e) no arrangements exist by virtue of which a person other than the company may be appointed to be responsible for the matters mentioned in paragraph (d) above on behalf of the company;
but this sub-paragraph shall have effect, in relation to any letting between one company and another where one of those companies is the relevant company and the other is a qualifying subsidiary of that company, or where both companies are qualifying subsidiaries of the relevant company, as if paragraph (c) were omitted.
- (9) A trade shall not comply with this paragraph unless it is conducted on a commercial basis and with a view to the realisation of profits.
### Provisions supplemental to paragraph 4
##### 5
- (1) In paragraph 4 above—
- “*film*” means an original master negative of a film, an original master film disc or an original master film tape;
- “*nursing home*” means any establishment which exists wholly or mainly for the provision of nursing care for persons suffering from sickness, injury or infirmity or for women who are pregnant or have given birth to children;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*pleasure craft*” means any ship of a kind primarily used for sport or recreation;
- “*property development*” means the development of land—by a company which has, or at any time has had, an interest in the land, andwith the sole or main object of realising a gain from the disposal of an interest in the land when it is developed;
- “*research and development*” has the meaning given by section 837A;
- “*residential care home*” means any establishment which exists wholly or mainly for the provision of residential accommodation, together with board and personal care, for persons in need of personal care by reason of old age, mental or physical disabilities, past or present dependence on alcohol or drugs or any past illnesses or past or present mental disorders; and
- “*sound recording*”, in relation to a film, means its sound track, original master audio disc or original master audio tape.
- (2) For the purposes of paragraph 4 above, in the case of a trade carried on by a company, a person has a controlling interest in that trade if—
- (a) he controls the company;
- (b) the company is a close company and he or an associate of his, being a director of the company, either—
- (i) is the beneficial owner of more than 30 per cent. of the ordinary share capital of the company, or
- (ii) is able, directly or through the medium of other companies or by any other indirect means, to control more than 30 per cent. of that share capital;
or
- (c) not less than half of the trade could, in accordance with section 344(2), be regarded as belonging to him for the purposes of section 343;
and, in any other case, a person has a controlling interest in a trade if he is entitled to not less than half of the assets used for, or of the income arising from, the trade.
- (3) For the purposes of sub-paragraph (2) above there shall be attributed to any person any rights or powers of any other person who is an associate of his.
- (4) References in paragraph 4 above or this paragraph to a trade, except the references in paragraph 4(2)(f) to the trade for which services or facilities are provided, shall be construed without reference to so much of the definition of trade in section 832(1) as relates to adventures or concerns in the nature of trade; and those references in paragraph 4(2)(f) above to a trade shall have effect, in relation to cases in which what is carried on is carried on by a person other than a company, as including references to any business, profession or vocation.
- (5) In this paragraph—
- “*associate*” has the meaning given in subsections (3) and (4) of section 417, except that in those subsections, as applied for the purposes of this paragraph, “*relative*” shall not include a brother or sister; and
- “*director*” shall be construed in accordance with subsection (5) of that section;
- “*interest in land*” means (subject to sub-paragraph (6) below)—any estate, interest or right in or over land, including any right affecting the use or disposition of land; orany right to obtain such an estate, interest or right from another which is conditional on the other’s ability to grant the estate, interest or right.
- (6) References in paragraph 4 above, in relation to an hotel, to a comparable establishment are references to a guest house, hostel or other establishment the main purpose of maintaining which is the provision of facilities for overnight accommodation (whether with or without catering services).
- (7) References in this paragraph to an interest in land do not include references to—
- (a) the interest of a creditor (other than a creditor in respect of a rentcharge) whose debt is secured by way of mortgage, an agreement for a mortgage or a charge of any kind over land; or
- (b) in the case of land in Scotland, the interest of a creditor in a charge or security of any kind over land.
### Meaning of “relevant qualifying subsidiary”
##### 5A
- (1) For the purposes of this Schedule, a company (“the subsidiary”) is a relevant qualifying subsidiary of the relevant company at any time when it falls within sub-paragraph (2) below.
- (2) The subsidiary falls within this sub-paragraph if—
- (a) the relevant company possesses not less than 90 per cent. of the issued share capital of, and not less than 90 per cent. of the voting power in, the subsidiary;
- (b) the relevant company would—
- (i) in the event of a winding up of the subsidiary, or
- (ii) in any other circumstances,
be beneficially entitled to receive not less than 90 per cent. of the assets of the subsidiary which would then be available for distribution to the equity holders of the subsidiary;
- (c) the relevant company is beneficially entitled to not less than 90 per cent. of any profits of the subsidiary which are available for distribution to the equity holders of the subsidiary;
- (d) no person other than the relevant company has control of the subsidiary within the meaning of section 840; and
- (e) no arrangements are in existence by virtue of which any of the conditions in paragraphs (a) to (d) above would cease to be met.
- (3) Sub-paragraphs (4) to (4C) and (5) of paragraph 10 below apply in relation to sub-paragraph (2) of this paragraph as they apply in relation to sub-paragraph (3) of that paragraph, but with the following modification.
- (4) That modification is that sub-paragraph (5) of that paragraph is to be read as if the words “or (as the case may be) by another subsidiary of that company” were omitted.
- (5) For the purposes of this paragraph—
- (a) the persons who are equity holders of the subsidiary, and
- (b) the percentage of the assets of the subsidiary to which an equity holder would be entitled,
shall be determined in accordance with paragraphs 1 and 3 of Schedule 18.
- (6) But in making that determination—
- (a) references in paragraph 3 of that Schedule to the first company are to be read as references to an equity holder, and
- (b) references in that paragraph to a winding up are to be read as including references to any other circumstances in which assets of the subsidiary are available for distribution to its equity holders.
### Requirements as to the money raised by the investment in question
##### 6
- (1) The requirements of this paragraph are that either—
- (a) at least 80% of the money raised by the issue of the relevant holding must—
- (i) have been employed wholly for the purposes of the trade by reference to which the requirements of paragraph 3(3) above are satisfied; or
- (ii) be money which is intended to be employed wholly for the purposes of that trade; or
- (b) all of the money so raised must have been employed as mentioned in paragraph (a)(i) above.
- (2) For the purposes of this Schedule—
- (a) the requirements of sub-paragraph (1) above shall not be capable of being satisfied by virtue of paragraph (a)(ii) of that sub-paragraph at any time after 12 months have expired from the trading time, and
- (b) the requirements of that sub-paragraph shall not be capable of being satisfied by virtue of paragraph (a)(i) of that sub-paragraph at any time after 24 months have expired from the trading time.
- (2AA) In sub-paragraph (2) above, “*the trading time*” means whichever is applicable of the following—
- (a) in a case where the requirements of sub-paragraph (3) of paragraph 3 above were satisfied in relation to the time when the relevant holding was issued by virtue of paragraph (a) of that sub-paragraph, that time; and
- (b) in a case where they were satisfied in relation to that time by virtue of paragraph (b) of that sub-paragraph, the time when the condition in paragraph 3(4)(a) above was satisfied.
- (2AB) The requirements of this paragraph are not satisfied if either of the following, namely—
- (a) the trade by reference to which the requirements of paragraph 3(3) above are satisfied, and
- (b) any preparations for that trade falling within paragraph 3(3)(b) above,
are carried on, at any time after the issue of the relevant holding, by a person other than the relevant company or a relevant qualifying subsidiary of that company.
- (2AC) Sub-paragraph (2AD) below applies where preparations mentioned in sub-paragraph (2AB)(b) above are carried on by the relevant company or a relevant qualifying subsidiary of that company at any time after the issue of the relevant holding.
- (2AD) Where this sub-paragraph applies, the requirements of this paragraph are not to be regarded, by virtue of sub-paragraph (2AB) above, as failing to be satisfied by reason only of the carrying on of the trade mentioned in sub-paragraph (2AB)(a) above by a person other than—
- (a) the relevant company, or
- (b) a qualifying subsidiary of that company,
at any time after the issue of the relevant holding but before the relevant company or any relevant qualifying subsidiary of that company carries on that trade.
- (2AE) The requirements of this paragraph are not to be regarded, by virtue of sub-paragraph (2AB) above, as failing to be satisfied by reason only of the carrying on of the trade mentioned in sub-paragraph (2AB)(a) above—
- (a) by the partners in a partnership of which the relevant company, or a relevant qualifying subsidiary of that company, is a member, or
- (b) by the parties to a joint venture to which the relevant company, or a relevant qualifying subsidiary of that company, is a party.
- (2AF) The requirements of this paragraph are not to be regarded, by virtue of sub-paragraph (2AB) above, as failing to be satisfied if—
- (a) by reason only of anything done as a consequence of the relevant company or any other company being in administration or receivership, or
- (b) by reason only of the relevant company or any other company being wound up or dissolved without winding up,
the trade mentioned in sub-paragraph (2AB)(a) above ceases to be carried on by the relevant company or a relevant qualifying subsidiary of that company and is subsequently carried on by a person who has not been connected, at any time after the date which is one year before the issue of the relevant holding, with the relevant company.
- (2AG) Sub-paragraph (2AF) above applies only if (as the case may be)—
- (a) the entry into administration or receivership and everything done as a consequence of the company concerned being in administration or receivership, or
- (b) the winding up or dissolution,
is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which or one of the main purposes of which is the avoidance of tax.
- (2AH) Sub-paragraph (2) of paragraph 11A below applies for the purposes of sub-paragraphs (2AF) and (2AG) above as it applies for the purpose of that paragraph.
- (3) For the purposes of this paragraph money shall not be treated as employed otherwise than wholly for the purposes of a trade if the only amount employed for other purposes is an amount which is not a significant amount; and nothing in paragraph 1(3) above shall require any money whose use is disregarded by virtue of this sub-paragraph to be treated as raised by a different holding.
- (4) References in this paragraph to employing money for the purposes of a trade shall include references to employing it for the purpose of preparing for the carrying on of the trade.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Requirement imposing a maximum on qualifying investments in the relevant company
##### 7
- (1) The requirement of this paragraph is that the relevant holding did not, when it was issued, represent an investment in excess of the maximum qualifying investment for the relevant period.
- (2) Subject to sub-paragraph (4) below, the maximum qualifying investment for any period is exceeded to the extent that the aggregate amount of money raised in that period by the issue to the trust company during that period of shares in or securities of the relevant company exceeds £1 million.
- (3) Any question for the purposes of this paragraph as to whether any shares in or securities of the relevant company which are for the time being held by the trust company represent an investment in excess of the maximum qualifying investment for any period shall be determined on the assumption, in relation to disposals by the trust company, that, as between shares or securities of the same description, those representing the whole or any part of the excess are disposed of before those which do not.
- (4) Where—
- (a) at the time of the issue of the relevant holding the relevant company or any of its qualifying subsidiaries was a member of a partnership or a party to a joint venture,
- (b) the trade by virtue of which the requirements of paragraph 3(3) above are satisfied was at that time being carried on, or to be carried on, by those partners in partnership or by the parties to the joint venture as such, and
- (c) the other partners or parties to the joint venture include at least one other company,
this paragraph shall have effect in relation to the relevant company as if the sum of money for the time being specified in sub-paragraph (2) above were to be divided by the number of companies (including the relevant company) which, at the time when the relevant holding was issued, were members of the partnership or, as the case may be, parties to the joint venture.
- (5) For the purposes of this paragraph the relevant period is the period beginning with whichever is the earlier of—
- (a) the time six months before the issue of the relevant holding; and
- (b) the beginning of the year of assessment in which the issue of that holding took place.
### Requirement as to the assets of the relevant company
##### 8
- (1) The requirement of this paragraph is that the value of the relevant assets—
- (a) did not exceed £7 million immediately before the issue of the relevant holding; and
- (b) did not exceed £8 million immediately afterwards.
- (2) Subject to sub-paragraph (3) below, the reference in sub-paragraph (1) above to the value of the relevant assets is a reference—
- (a) in relation to a time when the relevant company did not have any qualifying subsidiaries, to the value of the gross assets of that company at that time; and
- (b) in relation to any other time, to the aggregate value at that time of the gross assets of all the companies in the relevant company’s group.
- (3) For the purposes of this paragraph assets of any member of the relevant company’s group that consist in rights against, or in shares in or securities of, another member of the group shall be disregarded.
- (4) In this paragraph references, in relation to any time, to the relevant company’s group are references to the relevant company and its qualifying subsidiaries at that time.
### Requirements as to the subsidiaries etc. of the relevant company
##### 9
- (1) The requirements of this paragraph are that . . . the relevant company must not be—
- (a) a company which controls (whether on its own or together with any person connected with it) any company that is not a qualifying subsidiary of the relevant company; or
- (b) a company which is under the control of another company (or of another company and a person connected with the other company);
and arrangements must not be in existence by virtue of which the relevant company could fall within paragraph (a) or (b) above.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Meaning of “qualifying subsidiary”
##### 10
- (1) Subject to the following provisions of this paragraph, a company is a qualifying subsidiary of the relevant company for the purposes of this Schedule if—
- (a) the company in question (“the subsidiary”), and
- (b) where the relevant company has more than one subsidiary, every other subsidiary of the relevant company,
is a company falling within sub-paragraph (3) below.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The subsidiary falls within this sub-paragraph if—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) any non-trading debit given by paragraph 13 of Schedule 15 to the Finance Act 1996 (transitional adjustment for past interest) in respect of any debtor relationship of the company or, as the case may be, the relevant company.
- (3) The debits that fall within this paragraph also include any non-trading debit which—
- (a) is not such a debit as is mentioned in sub-paragraph (1) or (2) above;
- (b) is a debit in respect of a debtor relationship of the company or, as the case may be, the relevant company;
- (c) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in accordance with an amortised cost basis of accounting; and
- (d) relates to an amount that accrued before the change in the ownership of that company.
- (4) In this paragraph “*post-change accounting period*” means the accounting period beginning immediately after the change in the ownership of the company or, as the case may be, the relevant company.
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ca) the subsidiary is a 51 per cent. subsidiary of the relevant company;
- (d) no person other than the relevant company or another of its subsidiaries has control of the subsidiary within the meaning of section 840; and
- (e) no arrangements are in existence by virtue of which either of the conditions in paragraphs (ca) and (d) above would cease to be met.
- (4) The subsidiary shall not be regarded, at a time when it or any other company is being wound up, as having ceased on that account to be a company falling within sub-paragraph (3) above if . . . —
- (a) . . . it would fall within that sub-paragraph apart from the winding up; and
- (b) . . . the winding up is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax.
- (4A) Sub-paragraph (4B) below applies at a time when the subsidiary or any other company is in administration or receivership.
- (4B) The subsidiary shall not be regarded, by reason only of anything done as a consequence of the company concerned being in administration or receivership, as having ceased to be a company falling within sub-paragraph (3) above if—
- (a) the entry into administration or receivership, and
- (b) everything done as a consequence of the company concerned being in administration or receivership,
is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which or one of the main purposes of which is the avoidance of tax.
- (4C) Sub-paragraph (2) of paragraph 11A below applies for the purposes of sub-paragraphs (4A) and (4B) above as it applies for the purpose of that paragraph.
- (5) The subsidiary shall not be regarded, at any time when arrangements are in existence for the disposal by the relevant company, or (as the case may be) by another subsidiary of that company, of all its interest in the subsidiary in question, as having ceased on that account to be a company falling within sub-paragraph (3) above if . . . the disposal is to be for bona fide commercial reasons and is not to be part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Requirement as to property managing subsidiaries
##### 10ZA
- (1) The requirement of this paragraph is that the relevant company must not have a property managing subsidiary which is not a relevant qualifying subsidiary of the relevant company.
- (2) “*Property managing subsidiary*” means a qualifying subsidiary of the relevant company whose business consists wholly or mainly in the holding or managing of land or any property deriving its value from land.
- (3) In sub-paragraph (2) above, “*land*” and “*property deriving its value from land*” have the same meaning as in section 776.
### Requirement that securities should not relate to a guaranteed loan
##### 10A
- (1) The requirement of this paragraph is that there are no securities relating to a guaranteed loan in the relevant holding.
- (2) For the purposes of this paragraph a security relates to a guaranteed loan if (and only if) there are arrangements for the trust company to be or become entitled, in the event of a failure by any person to comply with—
- (a) the terms of the loan to which the security relates, or
- (b) the terms of the security,
to receive anything (whether directly or indirectly) from a third party.
- (3) For the purposes of sub-paragraph (2) above it shall be immaterial whether the arrangements apply in all cases of a failure to comply or only in certain such cases.
- (4) For the purposes of this paragraph “*third party*” means any person except—
- (a) the relevant company; and
- (b) if the relevant company is the parent company of a trading group for the purposes of paragraph 3 above, the subsidiaries of the relevant company.
### Requirement that a proportion of the holding in each company must be eligible shares
##### 10B
- (1) The requirement of this paragraph is that eligible shares represent at least 10 per cent. by value of the totality of the shares in or securities of the relevant company (including the relevant holding) which are held by the trust company.
- (2) For the purposes of this paragraph the value at any time of any shares in or securities of a company shall be taken (subject to sub-paragraph (4) below) to be their value immediately after—
- (a) any relevant event occurring at that time; or
- (b) where no relevant event occurs at that time, the last relevant event to occur before that time.
- (3) In sub-paragraph (2) above “*relevant event*”, in relation to any shares in or securities of the relevant company, means—
- (a) the acquisition by the trust company of those shares or securities;
- (b) the acquisition by the trust company of any other shares in or securities of the relevant company which—
- (i) are of the same description as those shares or securities, and
- (ii) are acquired otherwise than by virtue of being allotted to the trust company without that company’s becoming liable to give any consideration;
or
- (c) the making of any such payment in discharge, in whole or in part, of any obligation attached to any shares in or securities of the relevant company held by the trust company as (by discharging that obligation) increases the value of any such shares or securities.
- (4) If at any time the value of any shares or securities held by the trust company is less than the amount of the consideration given by the trust company for those shares or securities, it shall be assumed for the purposes of this paragraph that the value of those shares or securities at that time is equal to the amount of that consideration.
- (5) In this paragraph “*eligible shares*” has the same meaning as in section 842AA.
### Acquisitions for restructuring purposes
##### 10C
- (1) This paragraph applies where—
- (a) arrangements are made for a company (“*the new company*”) to acquire all the shares (“*old shares*”) in another company (“*the old company*”);
- (b) the acquisition provided for by the arrangements falls within sub-paragraph (2) below; and
- (c) the Board have, before any exchange of shares takes place under the arrangements, given an approval notification.
- (2) An acquisition of shares falls within this sub-paragraph if—
- (a) the consideration for the old shares consists wholly of the issue of shares (“*new shares*”) in the new company;
- (b) new shares are issued in consideration of old shares only at times when there are no issued shares in the new company other than subscriber shares and new shares previously issued in consideration of old shares;
- (c) the consideration for new shares of each description consists wholly of old shares of the corresponding description; and
- (d) new shares of each description are issued to the holders of old shares of the corresponding description in respect of, and in proportion to, their holdings.
- (3) For the purposes of sub-paragraph (1)(c) above an approval notification is one which, on an application by either the old company or the new company, is given to the applicant company and states that the Board are satisfied that the exchange of shares under the arrangements—
- (a) will be effected for bona fide commercial reasons; and
- (b) will not form part of any such scheme or arrangements as are mentioned in section 137(1) of the 1992 Act.
- (4) If the requirements of paragraph 3 above were satisfied in relation to the old company and any old shares immediately before the beginning of the period for giving effect to the arrangements, then (to the extent that it would not otherwise be the case) those requirements shall be deemed to be satisfied in relation to the new company and the matching new shares at all times which—
- (a) fall in that period; and
- (b) do not fall after a time when (apart from the arrangements) those requirements would have ceased by virtue of—
- (i) sub-paragraph (4) or (5) of that paragraph, or
- (ii) any cessation of a trade by any company,
to be satisfied in relation to the old company and the matching old shares.
- (5) For the purposes of paragraph 3 above the period of two years mentioned in sub-paragraph (4) of that paragraph shall be deemed, in the case of any new shares, to expire at the same time as it would have expired (or by virtue of this sub-paragraph would have been deemed to expire) in the case of the matching old shares.
- (6) Subject to sub-paragraph (7) below, where—
- (a) there is an exchange under the arrangements of any new shares for any old shares, and
- (b) those old shares are shares in relation to which the requirements of paragraphs 6 and 8 above were (or were deemed to be) satisfied to any extent immediately before the exchange,
those requirements shall be deemed, at all times after that time, to be satisfied to the same extent in relation to the matching new shares.
- (7) Where there is a time following any exchange under the arrangements of any new shares for any old shares when (apart from the arrangements) the requirements of paragraph 6 above would have ceased under—
- (a) sub-paragraph (2) of that paragraph, or
- (b) this sub-paragraph,
to be satisfied in relation to those old shares, those requirements shall cease at that time to be satisfied in relation to the matching new shares.
- (8) For the purposes of paragraph 7 above any new shares acquired under the arrangements shall be deemed to represent an investment which—
- (a) raised the same amount of money as was raised (or, by virtue of this sub-paragraph, is deemed to have been raised) by the issue of the matching old shares, and
- (b) raised that amount by an issue of shares in the new company made at the time when the issue of the matching old shares took place (or, as the case may be, is deemed to have taken place).
- (9) In determining whether the requirements of paragraph 9 above are satisfied in relation to the old company or the new company at a time in the period for giving effect to the arrangements, both—
- (a) the arrangements themselves, and
- (b) any exchange of new shares for old shares that has already taken place under the arrangements,
shall be disregarded.
- (10) For the purposes of paragraph 10B above the value of the new shares, both immediately after the time of their acquisition and immediately after the time of any subsequent relevant event occurring by virtue of the arrangements, shall be taken to be the same as the value, when last valued in accordance with that paragraph, of the old shares for which they are exchanged.
- (11) Nothing in this paragraph shall deem any of the requirements of this Schedule to be satisfied in relation to any new shares unless the matching old shares were first issued to the trust company and have been held by that company from the time when they were issued until they are acquired by the new company.
- (12) References in this paragraph to the period for giving effect to the arrangements are references to the period which—
- (a) begins with the time when those arrangements first came into existence; and
- (b) ends with the time when the new company completes its acquisition under the arrangements of all the old shares.
- (13) If, at any time after the arrangements first came into existence and before the new company has acquired all the old shares, the arrangements—
- (a) cease to be arrangements for the acquisition of all the old shares by the new company, or
- (b) cease to be arrangements for an acquisition falling within sub-paragraph (2) above,
this paragraph shall not deem any requirement of this Schedule to be satisfied, and sub-paragraph (10) above shall not apply, in the case of any new shares at any time after the arrangements have so ceased.
- (14) Subject to sub-paragraph (15) below, references in this paragraph, except in the expression “subscriber shares”, to shares in a company include references to any securities of that company.
- (15) For the purposes of this paragraph, a relevant security of the old company shall not be treated as a security of that company if—
- (a) the arrangements do not provide for the acquisition of the security by the new company; or
- (b) such treatment prevents sub-paragraph (1)(b) above from being satisfied in connection with the arrangements.
- (16) In sub-paragraph (15) above “*relevant security*” means an instrument which is a security for the purposes of this Schedule by reason only of section 842AA(12).
- (17) For the purposes of this paragraph—
- (a) old shares and new shares are of a corresponding description if, were they shares in the same company, they would be of the same description; and
- (b) old shares and new shares are matching shares in relation to each other if the old shares are the shares for which those new shares are exchanged under the arrangements.
### Conversion of convertible shares and securities
##### 10D
- (1) This paragraph applies where—
- (a) shares have been issued to the trust company by virtue of the exercise by that company of any right of conversion attached to other shares, or securities, held by that company (“*the convertibles*”);
- (b) the shares so issued are in the same company as the convertibles to which the right was attached;
- (c) the convertibles to which the right was attached were first issued to the trust company and were held by that company from the time they were issued until converted; and
- (d) the right was attached to the convertibles when they were first so issued and was not varied before it was exercised.
- (2) Sub-paragraphs (5) to (8) of paragraph 10C above shall apply in relation to the exchange of convertibles for shares by virtue of the exercise of the right of conversion as if—
- (a) that exchange were an exchange under any such arrangements as are mentioned in that paragraph of new shares for old shares; and
- (b) the references in those sub-paragraphs and sub-paragraph (17)(b) of that paragraph to the arrangements were references to the provision conferring the right of conversion.
- (3) For the purposes of paragraph 10B above the value of the new shares immediately after the time of their acquisition by the trust company shall be taken to be the same as the value, when last valued in accordance with that paragraph, of the convertibles for which they are exchanged.
### Winding up of the relevant company
##### 11
None of the requirements of this Schedule shall be regarded, at a time when the relevant company is being wound up, as being, on that account, a requirement that is not satisfied in relation to that company if . . . —
- (a) . . . the requirements of this Schedule would be satisfied in relation to that company apart from the winding up; and
- (b) . . . the winding up is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax.
### Company in administration or receivership
##### 11A
- (1) A company which is in administration or receivership shall not be regarded as ceasing to comply with paragraph 3(2) or (3) by reason only of anything done as a consequence of its being in administration or receivership.
- (2) For this purpose—
- (a) a company is “in administration” if it is in administration within the meaning of Schedule B1 to the Insolvency Act 1986, or there is in force in relation to it—
- (i) an administration order under Part III of the Insolvency (Northern Ireland) Order 1989, or
- (ii) any corresponding order under the law of a country or territory outside the United Kingdom; and
- (b) a company is “in receivership" if there is in force in relation to it—
- (i) an order for the appointment of an administrative receiver, a receiver and manager or a receiver under Chapter I or II of Part III of the Insolvency Act 1986 or Part IV of the Insolvency (Northern Ireland) Order 1989, or
- (ii) any corresponding order under the law of a country or territory outside the United Kingdom.
- (3) This paragraph applies only if—
- (a) the entry into administration or receivership, and
- (b) everything done as a consequence of the company being in administration or receivership,
is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.
### Company reorganisations etc. involving exchange of shares
##### 11B
- (1) The Treasury may by regulations make provision for cases where—
- (a) a holding of shares or securities that meets the requirements of this Schedule is exchanged for other shares or securities,
- (b) the exchange is made for bona fide commercial reasons and does not form part of a scheme or arrangements of which the main purpose, or one of the main purposes, is the avoidance of tax, and
- (c) the new shares or securities do not meet some or all of the requirements of this Schedule,
providing that the new shares or securities shall be treated as meeting those requirements.
- (2) The references in sub-paragraph (1) to an exchange of shares or securities include any form of company reorganisation or other arrangement which involves a holder of shares or securities in a company receiving other shares or securities—
- (a) whether the original shares or securities are transferred, cancelled or retained, and
- (b) whether the new shares or securities are in the same or another company.
- (3) The regulations shall specify—
- (a) the cases in which, and conditions subject to which, they apply,
- (b) which requirements of this Schedule are to be treated as met, and
- (c) the period for which those requirements are to be treated as met.
- (4) The regulations may contain such administrative provisions (including provision for advance clearances) as appear to the Treasury to be necessary or expedient.
- (5) The regulations may authorise the Board to give notice to any person requiring him to provide such information, specified in the notice, as they may reasonably require in order to determine whether any conditions imposed by the regulations are met.
- (6) Regulations under this paragraph—
- (a) may make different provision for different cases,
- (b) may include such supplementary, incidental and transitional provisions as appear to the Treasury to be appropriate, and
- (c) may include provision having retrospective effect.
### Power to amend Schedule
##### 12
Expressions used both in this Part of this Schedule and in Chapter II of Part IV of the Finance Act 1996 have the same meanings in this Part of this Schedule as in that Chapter.
## Part IV — Disallowed debits
##### 9A
- (1) This paragraph has effect in any case to which section 768B applies where the non-trading deficit mentioned in paragraph 6(dc) above is apportioned by paragraph 7(b) above to the first part of the accounting period being divided.
- (2) In any such case, none of that non-trading deficit shall be carried forward to—
- (a) the accounting period beginning immediately after the change in the ownership of the company, or
- (b) any subsequent accounting period.
##### 10A
- (1) This paragraph has effect in any case to which section 768C applies where the non-trading deficit mentioned in paragraph 13(1)(ec) below is apportioned by paragraph 16(1)(b) below to the first part of the accounting period being divided.
- (2) In any such case, none of that non-trading deficit shall be carried forward to—
- (a) the accounting period beginning immediately after the change in the ownership of the company, or
- (b) any subsequent accounting period.
## Part V — Amounts in issue for purposes of section 768C
The Treasury may by order amend this Schedule for any or all of the following purposes, that is to say—
- (a) to make such modifications of paragraphs 3 to 5 above as they may consider expedient;
- (b) to substitute different sums for the sums of money for the time being specified in paragraphs 7(2) and 8(1) above.
### General interpretation
##### 13
- (1) The amounts in issue referred to in section 768C(3)(c) are—
- (a) the amount which would in accordance with the relevant provisions of the 1992 Act (and apart from section 768C) be included in respect of chargeable gains in the total profits for the accounting period being divided;
- (b) the amount of any expenses of management referable to the accounting period (within the meaning of section 75) being divided except any such expenses as would (apart from section 768C) be deductible in computing total profits otherwise than under section 75;
- (c) the amount of any charges which are paid in that accounting period wholly and exclusively for the purposes of the company’s business;
- (d) the amount of any excess carried forward under section 75(9) to the accounting period being divided;
- (e) the amount of any allowances falling to be made for that accounting period by virtue of section 253 of the Capital Allowances Act which would (apart from section 768C) be added to the expenses of management for that accounting period by virtue of section 75(7);
- (ea) the amount (if any) of the adjusted Case III profits and gains or non-trading deficit of the company for that accounting period (other than one within paragraph (ec) below);
- (eb) the amount of any non-trading debit (other than one within paragraph . . . (ed) below) that falls to be brought into account for that accounting period for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) in respect of any debtor relationship of the company;
- (ec) the amount of any non-trading deficit carried forward to that accounting period under section 83(3A) of the Finance Act 1996 (carried forward deficit not set off against profits);
- (ed) the amount of any non-trading debit given for that accounting period by paragraph 13 of Schedule 15 to the Finance Act 1996 (transitional adjustment for past interest) in respect of any debtor relationship of the company;
- (ee) the amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for that period under paragraph 34 of Schedule 29 to the Finance Act 2002;
- (ef) the amount of any non-trading loss on intangible fixed assets carried forward to that accounting period under paragraph 35(3) of that Schedule; and
- (f) any other amounts by reference to which the profits or losses of the accounting period being divided would (apart from section 768C) be calculated.
- (2) In sub-paragraph (1)(a) above “*the relevant provisions of the 1992 Act*” means section 8(1) of and Schedule 7A to that Act.
##### 13A
Paragraph 6A above shall apply for the purposes of paragraph 13(1)(ea) above as it applies for the purposes of paragraph 6(da) above.
## Part VI — Apportionment for purposes of section 768C
##### 14
The apportionment required by section 768C(3)(c) shall be made as follows.
##### 15
In the case of the amount mentioned in paragraph 13(1)(a) above—
- (a) if it does not exceed the amount of the relevant gain, the whole of it shall be apportioned to the second part of the accounting period being divided;
- (b) if it exceeds the amount of the relevant gain, the excess shall be apportioned to the first part of the accounting period being divided and the relevant gain shall be apportioned to the second part.
##### 16
- (1) Subject to paragraph 17 below, the apportionment shall be made—
- (a) in the case of the sums mentioned in paragraph 13(1)(b) above, by apportioning to each accounting period the amounts that would fall to be brought into account in that period as such sums, if it were a period of account for which accounts were drawn up in accordance with generally accepted accounting practice;
- (aa) in the case of the charges mentioned in paragraph 13(1)(c) above, by reference to the time when the charge is due to be paid;
- (b) in the case of the excess mentioned in paragraph 13(1)(d) above, or in the case of the non-trading deficit mentioned in paragraph 13(1)(ec) above, by apportioning the whole amount of the excess or, as the case may be, of the deficit to the first part of the accounting period being divided;
- (c) in the case of the amounts mentioned in paragraph 13(1)(e) , (ea) and (f) above, by reference to the respective lengths of the parts of the accounting period being divided;
- (d) in the case of any such debit as—
- (i) is mentioned in paragraph 13(1)(eb) above,
- (ii) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in accordance with an amortised cost basis of accounting, . . .
- (iii) so falls to be brought into account otherwise than on the assumption, specified in paragraph 2(2) of Schedule 9 to that Act, that the interest to which it relates does not accrue until it is paid , and
- (iv) so falls to be brought into account without any adjustment under paragraph 17 or 18 of that Schedule (debit relating to amount of discount referable to the relevant accounting period to be brought into account instead for the accounting period in which the security is redeemed),
by reference to the time of accrual of the amount to which the debit relates;
- (e) in the case of any such debit as—
- (i) is mentioned in paragraph 13(1)(eb) above,
- (ii) falls to be brought into account for the purposes of Chapter II of Part IV of the Finance Act 1996 in accordance with an amortised cost basis of accounting, . . . and
- (iii) so falls to brought into account—
- — on the assumption mentioned in paragraph (d)(iii) above, or
- — with such an adjustment as is mentioned in paragraph (d)(iv) above,
by apportioning the whole amount of the debit to the first part of the accounting period being divided;
- (f) in the case of any such debit as is mentioned in paragraph 13(1)(ed) above, by apportioning the whole amount of the debit to the first part of the accounting period being divided;
- (g) in the case of any such credit or debit as is mentioned in paragraph 13(ee), by apportioning to each accounting period the credits or debits that would fall to be brought into account in that period if it were a period of account for which accounts were drawn up in accordance with generally accepted accounting practice;
- (h) in the case of any such loss as is mentioned in paragraph 13(ef), by apportioning the whole amount of the loss to the first part of the accounting period being divided.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 17
If it appears that any method of apportionment given by paragraph 16 above would work unreasonably or unjustly for any case for which it is given, such other method shall be used for that case as appears just and reasonable.
## SCHEDULE 28AA
### Basic rule on transfer pricing etc.
##### 1
- (1) This Schedule applies where—
- (a) provision (“the actual provision") has been made or imposed as between any two persons (“the affected persons") by means of a transaction or series of transactions, and
- (b) at the time of the making or imposition of the actual provision—
- (i) one of the affected persons was directly or indirectly participating in the management, control or capital of the other; or
- (ii) the same person or persons was or were directly or indirectly participating in the management, control or capital of each of the affected persons.
- (2) Subject to paragraphs 5A, 5B, 8, 10 and 13 below, if the actual provision—
- (a) differs from the provision (“the arm"s length provision’) which would have been made as between independent enterprises, and
- (b) confers a potential advantage in relation to United Kingdom taxation on one of the affected persons, or (whether or not the same advantage) on each of them,
the profits and losses of the potentially advantaged person or, as the case may be, of each of the potentially advantaged persons shall be computed for tax purposes as if the arm’s length provision had been made or imposed instead of the actual provision.
- (3) For the purposes of this Schedule the cases in which provision made or imposed as between any two persons is to be taken to differ from the provision that would have been made as between independent enterprises shall include the case in which provision is made or imposed as between any two persons but no provision would have been made as between independent enterprises; and references in this Schedule to the arm’s length provision shall be construed accordingly.
### Provision in relation to securities: determination of arm’s length provision
##### 1A
- (1) This paragraph applies where—
- (a) both of the affected persons are companies, and
- (b) the actual provision is provision in relation to a security issued by one of those companies (“the issuing company”).
- (2) Paragraph 1(2)(a) above shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the loan would have been made at all in the absence of the special relationship (see sub-paragraph (6) below),
- (b) the amount which the loan would have been in the absence of the special relationship, and
- (c) the rate of interest and other terms which would have been agreed in the absence of the special relationship,
but this is subject to the following provisions of this paragraph.
- (3) In a case where—
- (a) a company makes a loan to another company with which it has a special relationship, and
- (b) it is not part of the first company’s business to make loans generally,
the fact that it is not part of the first company’s business to make loans generally shall be disregarded in construing sub-paragraph (2) above.
- (4) Paragraph 1(2)(a) above shall be construed as requiring no account to be taken, in the determination of any of the matters mentioned in sub-paragraph (5) below, of (or of any inference capable of being drawn from) any guarantee provided by a company with which the issuing company has a participatory relationship (see sub-paragraphs (7) and (8) below).
- (5) The matters are—
- (a) the appropriate level or extent of the issuing company’s overall indebtedness;
- (b) whether it might be expected that the issuing company and a particular person would have become parties to a transaction involving the issue of a security by the issuing company or the making of a loan, or a loan of a particular amount, to the issuing company;
- (c) the rate of interest and other terms that might be expected to be applicable in any particular case to such a transaction.
- (6) In this paragraph “*special relationship*” means any relationship by virtue of which the condition in paragraph 1(1)(b) above is satisfied in the case of the affected persons.
- (7) In this paragraph any reference to a guarantee includes a reference to a surety and to any other relationship, arrangements, connection or understanding (whether formal or informal) such that the person making the loan to the issuing company has a reasonable expectation that in the event of a default by the issuing company he will be paid by, or out of the assets of, one or more companies.
- (8) For the purposes of this paragraph, the cases where one company has a “*participatory relationship*”with another are those where—
- (a) one of them is directly or indirectly participating in the management, control or capital of the other; or
- (b) the same person or persons is or are directly or indirectly participating in the management, control or capital of each of them.
- (9) In this paragraph “*security*” includes securities not creating or evidencing a charge on assets.
- (10) For the purposes of this paragraph—
- (a) interest payable by a company on money advanced without the issue of a security for the advance, or
- (b) other consideration given by a company for the use of money so advanced,
shall be treated as if payable or given in respect of a security issued for the advance by the company, and references in this paragraph to a security shall be construed accordingly.
### Guarantees etc
##### 1B
- (1) This paragraph applies where the actual provision is made or imposed by means of a series of transactions which include—
- (a) the issuing of a security by a company which is one of the affected persons (“the issuing company”), and
- (b) the provision of a guarantee by a company which is the other of those persons.
- (2) Paragraph 1(2)(a) above shall be construed as requiring account to be taken of all factors, including—
- (a) the question whether the guarantee would have been provided at all in the absence of the special relationship,
- (b) the amount that would have been guaranteed in the absence of the special relationship, and
- (c) the consideration for the guarantee and other terms which would have been agreed in the absence of the special relationship,
but this is subject to the following provisions of this paragraph.
- (3) In a case where—
- (a) a company provides a guarantee in respect of another company with which it has a special relationship, and
- (b) it is not part of the first company’s business to provide guarantees generally,
the fact that it is not part of the first company’s business to provide guarantees generally shall be disregarded in construing sub-paragraph (2) above.
- (4) Paragraph 1(2)(a) above shall be construed as requiring no account to be taken, in the determination of any of the matters mentioned in sub-paragraph (5) below, of (or of any inference capable of being drawn from) any guarantee provided by a company with which the issuing company has a participatory relationship.
- (5) The matters are—
- (a) the appropriate level or extent of the issuing company’s overall indebtedness;
- (b) whether it might be expected that the issuing company and a particular person would have become parties to a transaction involving the issue of a security by the issuing company or the making of a loan, or a loan of a particular amount, to the issuing company;
- (c) the rate of interest and other terms that might be expected to be applicable in any particular case to such a transaction.
- (6) The following provisions of paragraph 1A above also apply for the purposes of this paragraph—
- (a) sub-paragraph (6) (meaning of special relationship);
- (b) sub-paragraph (7) (construction of references to a guarantee);
- (c) sub-paragraph (8) (meaning of participatory relationship);
- (d) sub-paragraph (9) (meaning of security);
- (e) sub-paragraph (10) (extended meaning of security).
### Principles for construing rules in accordance with OECD principles
##### 2
- (1) This Schedule shall be construed (subject to paragraphs 8 to 11 below) in such manner as best secures consistency between—
- (a) the effect given to paragraph 1 above; and
- (b) the effect which, in accordance with the transfer pricing guidelines, is to be given, in cases where double taxation arrangements incorporate the whole or any part of the OECD model, to so much of the arrangements as does so.
- (2) In this paragraph “*the OECD model*” means—
- (a) the rules which, at the passing of this Act, were contained in Article 9 of the Model Tax Convention on Income and on Capital published by the Organisation for Economic Co-operation and Development; or
- (b) any rules in the same or equivalent terms.
- (3) In this paragraph “*the transfer pricing guidelines*” means—
- (a) all the documents published by the Organisation for Economic Co-operation and Development, at any time before 1st May 1998, as part of their Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations; and
- (b) such documents published by that Organisation on or after that date as may for the purposes of this Schedule be designated, by an order made by the Treasury, as comprised in the transfer pricing guidelines.
### Meaning of “transaction" and “series of transactions"
##### 3
- (1) In this Schedule “*transaction*” includes arrangements, understandings and mutual practices (whether or not they are, or are intended to be, legally enforceable).
- (2) References in this Schedule to a series of transactions include references to a number of transactions each entered into (whether or not one after the other) in pursuance of, or in relation to, the same arrangement.
- (3) A series of transactions shall not be prevented by reason only of one or more of the matters mentioned in sub-paragraph (4) below from being regarded for the purposes of this Schedule as a series of transactions by means of which provision has been made or imposed as between any two persons.
- (4) Those matters are—
- (a) that there is no transaction in the series to which both those persons are parties;
- (b) that the parties to any arrangement in pursuance of which the transactions in the series are entered into do not include one or both of those persons; and
- (c) that there is one or more transactions in the series to which neither of those persons is a party.
- (5) In this paragraph, “*arrangement*” means any scheme or arrangement of any kind (whether or not it is, or is intended to be, legally enforceable).
### Participation in the management, control or capital of a person
##### 4
- (1) For the purposes of this Schedule a person is directly participating in the management, control or capital of another person at a particular time if, and only if, that other person is at that time—
- (a) a body corporate or a partnership; and
- (b) controlled by the first person.
- (2) For the purposes of this Schedule a person (“*the potential participant*”) is indirectly participating in the management, control or capital of another person at a particular time if, and (subject to paragraphs 4A and 6(4C) below) only if—
- (a) he would be taken to be directly so participating at that time if the rights and powers attributed to him included all the rights and powers mentioned in sub-paragraph (3) below that are not already attributed to him for the purposes of sub-paragraph (1) above; or
- (b) he is, at that time, one of a number of major participants in that other person’s enterprise.
- (3) The rights and powers referred to in sub-paragraph (2)(a) above are—
- (a) rights and powers which the potential participant is entitled to acquire at a future date or which he will, at a future date, become entitled to acquire;
- (b) rights and powers of persons other than the potential participant to the extent that they are rights or powers falling within sub-paragraph (4) below;
- (c) rights and powers of any person with whom the potential participant is connected; and
- (d) rights and powers which for the purposes of sub-paragraph (2)(a) above would be attributed to a person with whom the potential participant is connected if that connected person were himself the potential participant.
- (4) Rights and powers fall within this sub-paragraph to the extent that they—
- (a) are required, or may be required, to be exercised in any one or more of the following ways, that is to say—
- (i) on behalf of the potential participant;
- (ii) under the direction of the potential participant; or
- (iii) for the benefit of the potential participant;
and
- (b) are not confined, in a case where a loan has been made by one person to another, to rights and powers conferred in relation to property of the borrower by the terms of any security relating to the loan.
- (5) In sub-paragraphs (3)(b) to (d) and (4) above, the references to a person’s rights and powers include references to any rights or powers which he either—
- (a) is entitled to acquire at a future date, or
- (b) will, at a future date, become entitled to acquire.
- (6) In paragraph (d) of sub-paragraph (3) above, the reference to rights and powers which would be attributed to a connected person if he were the potential participant includes a reference to rights and powers which, by applying that paragraph wherever one person is connected with another, would be so attributed to him through a number of persons each of whom is connected with at least one of the others.
- (7) For the purposes of this paragraph a person (“*the potential major participant*”) is a major participant in another person’s enterprise at a particular time if at that time—
- (a) that other person (“*the subordinate*”) is a body corporate or partnership; and
- (b) the 40 per cent. test is satisfied in the case of each of two persons who, taken together, control the subordinate and of whom one is the potential major participant.
- (8) For the purposes of this paragraph the 40 per cent. test is satisfied in the case of each of two persons wherever each of them has interests, rights and powers representing at least 40 per cent. of the holdings, rights and powers in respect of which the pair of them fall to be taken as controlling the subordinate.
- (9) For the purposes of this paragraph—
- (a) the question whether a person is controlled by any two or more persons taken together, and
- (b) any question whether the 40 per cent. test is satisfied in the case of a person who is one of two persons,
shall be determined after attributing to each of the persons all the rights and powers attributed to a potential participant for the purposes of sub-paragraph (2)(a) above.
- (10) References in this paragraph—
- (a) to rights and powers of a person, or
- (b) to rights and powers which a person is or will become entitled to acquire,
include references to rights or powers which are exercisable by that person, or (when acquired by that person) will be exercisable, only jointly with one or more other persons.
- (11) For the purposes of this paragraph two persons are connected with each other if—
- (a) one of them is an individual and the other is his spouse or civil partner, a relative of his or of his spouse or civil partner, or the spouse or civil partner of such a relative; or
- (b) one of them is a trustee of a settlement and the other is—
- (i) a person who in relation to that settlement is a settlor; or
- (ii) a person who is connected with a person falling within sub-paragraph (i) above.
- (12) In sub-paragraph (11) above—
- “*relative*” means brother, sister, ancestor or lineal descendant; and
- “*settlement*” and “*settlor*” have the same meanings as in section 620 of ITTOIA 2005.
### Persons acting together in relation to financing arrangements
##### 4A
- (1) A person (“P”) shall be treated for the purposes of paragraph 1(1)(b)(i) above (but subject to sub-paragraph (7) below) as indirectly participating in the management, control or capital of another (“A”) at the time of the making or imposition of the actual provision if—
- (a) the actual provision relates, to any extent, to financing arrangements for A;
- (b) A is a body corporate or partnership;
- (c) P and other persons acted together in relation to the financing arrangements; and
- (d) P would be taken to have control of A if, at any relevant time, there were attributed to P the rights and powers of each of the other persons mentioned in paragraph (c) above.
- (2) A person (“Q”) shall be treated for the purposes of paragraph 1(1)(b)(ii) above (but subject to sub-paragraph (7) below) as indirectly participating in the management, control or capital of each of the affected persons at the time of the making or imposition of the actual provision if—
- (a) the actual provision relates, to any extent, to financing arrangements for one of the affected persons (“B”);
- (b) B is a body corporate or partnership;
- (c) Q and other persons acted together in relation to the financing arrangements; and
- (d) Q would be taken to have control of both B and the other affected person if, at any relevant time, there were attributed to Q the rights and powers of each of the other persons mentioned in paragraph (c) above.
- (3) It is immaterial for the purposes of sub-paragraph (1)(c) or (2)(c) above whether P or Q and the other persons acting together in relation to the financing arrangements did so at the time of the making or imposition of the actual provision or at some earlier time.
- (4) In sub-paragraph (1)(d) or (2)(d) “*relevant time*” means—
- (a) a time when P or Q and the other persons were acting together in relation to the financing arrangements; or
- (b) a time in the period of six months beginning with the day on which they ceased so to act.
- (5) In determining for the purposes of sub-paragraph (1)(d) or (2)(d) whether P or Q would be taken to have control of another person, the rights and powers of any person (and not just P or Q) shall be taken to include those that would be attributed to that person in determining under paragraph 4 above whether he is indirectly participating in the management, control or capital of the other person.
- (6) In this paragraph “*financing arrangements*” means arrangements made for providing or guaranteeing, or otherwise in connection with, any debt, capital or other form of finance.
- (7) Where the condition in paragraph 1(1)(b) above would not be satisfied but for this paragraph, paragraph 1(2) above applies only to the extent that the actual provision relates to the financing arrangements in question.
### Financing arrangements: anticipatory provision
##### 4B
- (1) To the extent that it applies to provision relating to financing arrangements, this Schedule has effect as if in paragraph 1(1)(b) above the words “or within the period of six months beginning with the day on which the actual provision was made or imposed” were inserted immediately before sub-paragraph (i).
- (2) In this paragraph “*financing arrangements*” has the same meaning as in paragraph 4A above.
### Advantage in relation to United Kingdom taxation
##### 5
- (1) For the purposes of this Schedule . . . the actual provision confers a potential advantage on a person in relation to United Kingdom taxation wherever, disregarding this Schedule, the effect of making or imposing the actual provision, instead of the arm’s length provision, would be one or both of the following, that is to say—
- (a) that a smaller amount (which may be nil) would be taken for tax purposes to be the amount of that person’s profits for any chargeable period; or
- (b) that a larger amount (or, if there would not otherwise have been losses, any amount of more than nil) would be taken for tax purposes to be the amount for any chargeable period of any losses of that person.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) In determining for the purposes of sub-paragraph (1) above the amount that would be taken for tax purposes to be the amount of the profits or losses for a year of assessment in the case of a person who is not resident in the United Kingdom, there shall be left out of account any income of that person which is—
- (a) disregarded income within the meaning given by section 813 of ITA 2007 (limits on liability to income tax of non-UK residents), or
- (b) disregarded company income within the meaning given by section 816 of that Act.
### Exemption for dormant companies
##### 5A
- (1) Paragraph 1(2) above does not apply in computing for any chargeable period the profits and losses of a potentially advantaged person if that person is a company which satisfies the condition in sub-paragraph (2) below.
- (2) The condition is that—
- (a) the company was dormant throughout the pre-qualifying period, and
- (b) apart from paragraph 1 above, the company has continued to be dormant at all times since the end of the pre-qualifying period.
- (3) In sub-paragraph (2) above “*the pre-qualifying period*” means—
- (a) if there is an accounting period of the company that ends on 31st March 2004, that accounting period, or
- (b) if there is no such accounting period, the period of 3 months ending with that date.
- (4) In this paragraph “*dormant*” has the same meaning as in section 1169 of the Companies Act 2006.
### Exemption for small or medium-sized enterprises
##### 5B
- (1) Paragraph 1(2) above does not apply in computing for any chargeable period the profits and losses of a potentially advantaged person if that person is a small or medium-sized enterprise for that chargeable period (see paragraph 5D below).
- (2) Exceptions to sub-paragraph (1) above are provided—
- (a) in the case of a small enterprise, by sub-paragraphs (3) and (4) below, and
- (b) in the case of a medium-sized enterprise, by sub-paragraphs (3) and (4) and paragraph 5C below.
- (3) The first exception is where the small or medium-sized enterprise elects for sub-paragraph (1) above not to apply in relation to the chargeable period.
Any such election is irrevocable.
- (4) The second exception is where, at the time when the actual provision is or was made or imposed,—
- (a) the other affected person, or
- (b) a party to a relevant transaction (see sub-paragraph (5) below),
is a resident (see sub-paragraph (6) below) of a non-qualifying territory (whether or not that person is also a resident of a qualifying territory).
- (5) For the purposes of sub-paragraph (4) above, a “party to a relevant transaction” is a person who, in a case where the actual provision is or was imposed by means of a series of transactions, is or was a party to one or more of those transactions.
- (6) In this paragraph “*resident*”, in relation to a territory,—
- (a) means a person who, under the laws of that territory, is liable to tax there by reason of his domicile, residence or place of management, but
- (b) does not include a person who is liable to tax in that territory in respect only of income from sources in that territory or capital situated there.
- (7) The definitions of “qualifying territory” and “non-qualifying territory” are in paragraph 5E below.
### Additional provisions for medium-sized enterprises
##### 5C
- (1) Paragraph 5B(1) above does not apply as respects any provision made or imposed if—
- (a) the potentially advantaged person in question is a medium-sized enterprise for the chargeable period in question, and
- (b) the Board gives that person a notice under this sub-paragraph (a “*transfer pricing notice*”) requiring him to compute the profits and losses of that chargeable period in accordance with paragraph 1(2) above in the case of that provision.
- (2) A transfer pricing notice may be given in respect of —
- (a) any provision specified, or of a description specified, in the notice, or
- (b) every provision in relation to which the assumption in paragraph 1(2) above would fall to be made apart from paragraph 5B(1) above.
- (3) A transfer pricing notice may be given only after a notice of enquiry has been given to the potentially advantaged person in respect of his tax return for the chargeable period.
- (4) A transfer pricing notice must identify the officer of the Board to whom any notice of appeal under this paragraph is to be given.
- (5) A person to whom a transfer pricing notice is given may appeal against the decision to give the notice, but only on the grounds that the condition in sub-paragraph (1)(a) above is not satisfied.
- (6) Any such appeal must be brought by giving written notice of appeal to the officer of the Board identified for the purpose in the transfer pricing notice in accordance with sub-paragraph (4) above.
- (7) The notice of appeal must be given before the end of the period of 30 days beginning with the day on which the transfer pricing notice is given.
- (8) A person to whom a transfer pricing notice is given may amend his tax return for the purpose of complying with the notice at any time before the end of the period of 90 days beginning with—
- (a) the day on which the notice is given, or
- (b) if he appeals against the notice, the day on which the appeal is finally determined or abandoned.
- (9) Where a transfer pricing notice is given in the case of any tax return, no closure notice may be given in relation to that tax return until—
- (a) the end of the period of 90 days specified in sub-paragraph (8) above, or
- (b) the earlier amendment of the tax return for the purpose of complying with the notice.
- (10) So far as relating to any provision made or imposed by or in relation to a person—
- (a) who is a medium-sized enterprise for a chargeable period,
- (b) who does not make an election under paragraph 5B(3) above for that period, and
- (c) who is not excepted from paragraph 5B(1) above by virtue of paragraph 5B(4) above in relation to that provision for that period,
the tax return required to be made for that period is a return that disregards paragraph 1(2) above.
- (11) Sub-paragraph (10) above does not prevent a tax return for a period becoming incorrect if, in the case of any provision made or imposed,—
- (a) a transfer pricing notice is given which has effect in relation to that provision for that period,
- (b) the return is not amended in accordance with sub-paragraph (8) above for the purpose of complying with the notice, and
- (c) the return ought to have been so amended.
- (12) In this paragraph—
- “*closure notice*” means a notice under—section 28A or 28B of the Management Act, orparagraph 32 of Schedule 18 to the Finance Act 1998;
- “*company tax return*” means the return required to be delivered pursuant to a notice under paragraph 3 of Schedule 18 to the Finance Act 1998, as read with paragraph 4 of that Schedule;
- “*notice of enquiry*” means a notice under—section 9A or 12AC of the Management Act, orparagraph 24 of Schedule 18 to the Finance Act 1998;
- “*tax return*” means—a return under section 8, 8A or 12AA of the Management Act, ora company tax return.
### Meaning of “small enterprise” and “medium-sized enterprise”
##### 5D
- (1) In this Schedule—
- (a) “*small enterprise*” means a small enterprise as defined in the Annex to the Commission Recommendation,
- (b) “*medium-sized enterprise*” means an enterprise which—
- (i) falls within the category of micro, small and medium-sized enterprises as defined in that Annex, and
- (ii) is not a small enterprise as defined in that Annex,
but for these purposes that Annex has effect with the modifications set out in sub-paragraphs (3) to (6) of this paragraph.
- (2) In this paragraph—
- “*the Annex*” means the Annex to the Commission Recommendation;
- “*the Commission Recommendation*” means Commission Recommendation 2003/361/EC of 6th May 2003 (concerning the definition of micro, small and medium-sized enterprises).
- (3) Where any enterprise is in liquidation or administration, the rights of the liquidator or administrator (in that capacity) shall be left out of account when applying Article 3(3)(b) of the Annex in determining for the purposes of this Schedule whether—
- (a) that enterprise, or
- (b) any other enterprise (including that of the liquidator or administrator),
is a small or medium-sized enterprise.
- (4) Article 3 of the Annex shall have effect with the omission of paragraph 5 (declaration in good faith where control cannot be determined etc).
- (5) The first sentence of Article 4(1) of the Annex shall have effect as if the data to apply to—
- (a) the headcount of staff, and
- (b) the financial amounts,
were the data relating to the chargeable period in paragraph 5B(1) above (instead of the period described in that sentence) and calculated on an annual basis.
- (6) Article 4 of the Annex shall have effect with the omission of the following provisions—
- (a) the second sentence of paragraph 1 (data to be taken into account from date of closure of accounts);
- (b) paragraph 2 (no change of status unless ceilings exceeded for two consecutive periods);
- (c) paragraph 3 (bona fide estimate in case of newly established enterprise).
### Meaning of “qualifying territory” and “non-qualifying territory”
##### 5E
- (1) In this Schedule—
- “*non-qualifying territory*” means any territory which is not a qualifying territory;
- “*qualifying territory*” means—the United Kingdom, orany territory as respects which Condition 1 or Condition 2 below is satisfied.
- (2) Condition 1 is that—
- (a) arrangements to which section 788 applies (double taxation relief by agreement with other territories) have been made in relation to the territory;
- (b) those arrangements contain a non-discrimination provision (see sub-paragraphs (4) and (5) below); and
- (c) the territory is not designated as a non-qualifying territory for the purposes of this sub-paragraph in regulations made by the Treasury.
- (3) Condition 2 is that—
- (a) arrangements to which section 788 applies have been made in relation to the territory; and
- (b) the territory is designated as a qualifying territory for the purposes of this sub-paragraph in regulations made by the Treasury.
- (4) For the purposes of this paragraph a “*non-discrimination provision*”, in relation to any arrangement to which section 788 applies, is a provision to the effect that nationals of a state which is a party to those arrangements (a “contracting state”) are not to be subject in any other contracting state to—
- (a) any taxation, or
- (b) any requirement connected with taxation,
which is other or more burdensome than the taxation and connected requirements to which nationals of that other state in the same circumstances (in particular with respect to residence) are or may be subjected.
- (5) In this paragraph, “*national*”, in relation to a contracting state, includes—
- (a) any individual possessing the nationality or citizenship of the contracting state,
- (b) any legal person, partnership or association deriving its status as such from the laws in force in that contracting state.
- (6) A statutory instrument containing regulations under this paragraph shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
### Elimination of double counting
##### 6
- (1) This paragraph applies where—
- (a) only one of the affected persons (“the advantaged person”) is a person on whom a potential advantage in relation to United Kingdom taxation is conferred by the actual provision; and
- (b) the other affected person (“the disadvantaged person”) is within the charge to income tax or corporation tax in respect of profits arising from the relevant activities.
- (2) Subject to sub-paragraphs (3) to (6) and paragraphs6C, 6D, 7 and 8 below, on the making of a claim by the disadvantaged person for the purposes of this paragraph—
- (a) the profits and losses of the disadvantaged person shall be computed for tax purposes as if the arm’s length provision had been made or imposed instead of the actual provision; and
- (b) notwithstanding any limit in the Tax Acts on the time within which any adjustment may be made, all such adjustments shall be made in his case as may be required to give effect to the assumption that the arm’s length provision was made or imposed instead of the actual provision.
- (3) A claim made by the disadvantaged person for the purposes of this paragraph—
- (a) shall not be made unless a computation has been made in the case of the advantaged person on the basis that the arm’s length provision was made or imposed instead of the actual provision; and
- (b) must be consistent with the computation made on that basis in the case of the advantaged person.
- (4) For the purposes of sub-paragraph (3) above a computation shall be taken to have been made in the case of the advantaged person on the basis that the arm’s length provision was made or imposed instead of the actual provision if, and only if—
- (a) the computations made for the purposes of any return by the advantaged person have been made on that basis by virtue of this Schedule; or
- (b) a relevant notice given to the advantaged person takes account of a determination in pursuance of this Schedule of an amount falling to be brought into account for tax purposes on that basis.
- (4A) A claim by the disadvantaged person for the purposes of this paragraph shall not be made where—
- (a) the condition in paragraph 1(1)(b) above would not be satisfied but for paragraph 4A above;
- (b) the actual provision is provision in relation to a security issued by one of the affected persons (“*the issuer*”);
- (c) a guarantee is provided in relation to the security by a person with whom the issuer has a participatory relationship.
In this sub-paragraph “*security*” and “*guarantee*” have the same meaning as in paragraph 1A above.
- (4B) For the purposes of sub-paragraph (4A) above, the cases where one person has a “*participatory relationship*” with another are those where—
- (a) one of them is directly or indirectly participating in the management, control or capital of the other; or
- (b) the same person or persons is or are directly or indirectly participating in the management, control or capital of each of them.
- (4C) Paragraph 4A above applies for the purposes of sub-paragraph (4B) above as it applies for the purposes of paragraph 1(1)(b) above.
- (5) Subject to section 111(3)(b) of the Finance Act 1998 (which provides for the extension of the period for making a claim), a claim for the purposes of this paragraph shall not be made except within one of the following periods—
- (a) in a case where a return has been made by the advantaged person on the basis mentioned in sub-paragraph (3)(a) above, the period of two years beginning with the day of the making of the return; and
- (b) in any case where a relevant notice taking account of such a determination as is mentioned in sub-paragraph (4)(b) above has been given to the advantaged person, the period of two years beginning with the day on which that notice was given.
- (6) Subject to section 111(3)(b) of the Finance Act 1998, where—
- (a) a claim for the purposes of this paragraph is made by the disadvantaged person in relation to a return made on the basis mentioned in sub-paragraph (3)(a) above, and
- (b) a relevant notice taking account of such a determination as is mentioned in sub-paragraph (4)(b) above is subsequently given to the advantaged person,
the disadvantaged person shall be entitled, within the period mentioned in sub-paragraph (5)(b) above, to make any such amendment of the claim as may be appropriate in consequence of the determination contained in that notice.
- (7) In this paragraph—
- “*relevant notice*” means—a closure notice under section 28A(1) or 28B(1) of the Management Act in relation to an enquiry into a return under section 8 or 8A of that Act or into a partnership return;a closure notice under paragraph 32 of Schedule 18 to the Finance Act 1998 in relation to an enquiry into a company tax return;a notice of an assessment under section 29 of the Management Act;a notice of any discovery assessment or discovery determination under paragraph 41 of Schedule 18 to the Finance Act 1998 (including any notice of an assessment by virtue of paragraph 52 of that Schedule);a notice under section 30B(1) of the Management Act amending a partnership return;
- “*return*” means any return required to be made under the Management Act or Schedule 18 to the Finance Act 1998 for income tax or corporation tax purposes or any voluntary amendment of such a return; and
- “*voluntary amendment*”, in relation to a return, means —an amendment under section 9ZA or 12ABA of the Management Act (amendment of personal, trustee or partnership return by taxpayer), oran amendment under Schedule 18 to the Finance Act 1998 other than one made in response to the giving of a relevant notice.
### Application of paragraph 6 in relation to transfers of trading stock etc
##### 6A
- (1) Paragraph 6(2)(a) above does not affect the credits to be brought into account by the disadvantaged person in respect of—
- (a) closing trading stock, or
- (b) closing work in progress in a trade,
for accounting periods ending on or after the last day of the relevant accounting period of the advantaged person.
- (2) For the purposes of sub-paragraph (1) above, the relevant accounting period of the advantaged person is the accounting period in which the actual provision was made or imposed.
- (3) For the purposes of this paragraph “*trading stock*”, in relation to any trade, has the same meaning as it has for the purposes of section 100 above (see subsection (2) of that section) or Chapter 12 of Part 2 of ITTOIA 2005 (see section 174 of that Act) (valuation of trading stock at discontinuance of trade).
### Compensating adjustment where advantaged person is a controlled foreign company
##### 6B
- (1) This paragraph applies in any case where—
- (a) the actual provision is provision made or imposed in relation to a controlled foreign company,
- (b) in determining for the purposes of Chapter 4 of Part 17 the amount of that company’s chargeable profits for an accounting period, its profits and losses fall to be computed in accordance with paragraph 1(2) above in the case of that provision,
- (c) the whole of those chargeable profits fall to be apportioned under section 747(3) to one or more companies resident in the United Kingdom, and
- (d) tax is chargeable by virtue of section 747(4) in respect of the whole of those chargeable profits, as so apportioned to those companies.
- (2) Where this paragraph applies, paragraph 6 above shall have effect as if the controlled foreign company were a person on whom a potential advantage in relation to United Kingdom taxation were conferred by the actual provision.
- (3) In the application of paragraph 6 above by virtue of this paragraph—
- (a) references to the advantaged person in sub-paragraphs (4)(a) and (b), (5)(a) and (b) and (6)(b) of that paragraph include a reference to any of the companies mentioned in sub-paragraph (1)(c) above, and
- (b) references to corporation tax include a reference to tax chargeable by virtue of section 747(4).
- (4) In this paragraph—
- “*controlled foreign company*” has the same meaning as in Chapter 4 of Part 17;
- “*accounting period*”, in relation to a controlled foreign company, has the same meaning as in Chapter 4 of Part 17.
### Claims under paragraph 6 where paragraph 1A applies
##### 6C
- (1) Where paragraph 1A above applies in relation to any provision, this paragraph has effect in relation to that provision.
- (2) A claim under paragraph 6(2) above may be made in accordance with this paragraph.
For the purposes of this Schedule a “paragraph 6C claim” is a claim under paragraph 6(2) above made in accordance with this paragraph.
- (3) A paragraph 6C claim may be made by—
- (a) the disadvantaged person, or
- (b) the advantaged person,
but any such claim made by the advantaged person shall be taken to be made on behalf of the disadvantaged person.
- (4) A paragraph 6C claim may be made before or after a computation falling within paragraph 6(3)(a) above has been made.
- (5) A paragraph 6C claim must be made either—
- (a) at any time before the end of the period mentioned in paragraph 6(5)(a) above, or
- (b) within the period mentioned in paragraph 6(5)(b) above,
but this is subject to section 111(3)(b) of the Finance Act 1998 (extension of period for making a claim).
- (6) A paragraph 6C claim is not a claim within paragraph 57 or 58 of Schedule 18 to the Finance Act 1998 (company tax returns, assessments and related matters).
Accordingly, paragraph 59 of that Schedule (application of Schedule 1A to the Management Act) has effect in relation to a paragraph 6C claim.
- (7) Where—
- (a) a paragraph 6C claim is made before a computation falling within paragraph 6(3)(a) above has been made,
- (b) such a computation is subsequently made, and
- (c) the claim is not consistent with the computation,
the affected persons shall be treated as if (instead of the claim actually made) a claim had been made that was consistent with the computation.
- (8) All such adjustments shall be made (whether by discharge or repayment of tax, the making of assessments or otherwise) as are required to give effect to sub-paragraph (7) above.
- (9) Sub-paragraph (8) above has effect notwithstanding any limit on the time within which any adjustment may be made.
- (10) Where—
- (a) a paragraph 6C claim is made,
- (b) a return is subsequently made by the advantaged person on the basis mentioned in paragraph 6(3)(a) above, and
- (c) a relevant notice (within the meaning of paragraph 6 above) taking account of such a determination as is mentioned in paragraph 6(4)(b) above is subsequently given to the advantaged person,
sub-paragraph (11) below applies.
- (11) Where this sub-paragraph applies, any such amendment of the paragraph 6C claim as may be appropriate in consequence of the determination contained in the relevant notice may be made by—
- (a) the disadvantaged person, or
- (b) the advantaged person,
but any such amendment made by the advantaged person shall be taken to be made on behalf of the disadvantaged person.
- (12) Any such amendment must be made within the period mentioned in paragraph 6(5)(b) above.
But that is subject to section 111(3)(b) of the Finance Act 1998 (extension of period for making amendment).
### Compensating adjustment for guarantor company etc where paragraph 1B applies
##### 6D
- (1) This paragraph applies in any case where—
- (a) a company (“the issuing company”) has liabilities under a security issued by the company,
- (b) those liabilities are to any extent the subject of a guarantee provided by a company (“the guarantor company”), and
- (c) in computing the profits and losses of the issuing company for tax purposes, the amounts to be deducted in respect of interest or other amounts payable under the security fall to be reduced (whether or not to nil) under paragraph 1(2) above by virtue of paragraph 1B above.
- (2) On the making of a claim in any such case, the guarantor company shall, to the extent of that reduction, be treated for all purposes of the Taxes Acts as if it (and not the issuing company)—
- (a) had issued the security,
- (b) owed the liabilities under it, and
- (c) had paid any interest or other amounts paid under it by the issuing company,
and in computing the profits and losses of the guarantor company for those purposes amounts shall be brought into account accordingly.
This sub-paragraph is subject to the following provisions of this paragraph.
- (3) Where the issuing company’s liabilities under the security are the subject of two or more guarantees (whether or not provided by the same person) TD must not exceed TR, where—
- TD is the total of the amounts brought into account by the guarantor companies by virtue of sub-paragraph (2) above, and
- TR is the total amount of the reductions that fall within sub-paragraph (1)(c) above.
- (4) In this paragraph “*the loan provision*” means the actual provision made or imposed between—
- (a) the issuing company, and
- (b) another company (“the lending company”),
which is provision in relation to the security.
- (5) Where—
- (a) the guarantor company makes a claim under sub-paragraph (2) above, and
- (b) the lending company makes a claim under paragraph 6 above in respect of the loan provision,
sub-paragraphs (6) and (7) below apply.
- (6) In determining, in a case where this sub-paragraph applies, the arm’s length provision for the purposes of paragraph 6(2)(a) above in relation to the lending company’s claim, additional amounts shall be brought into account as credits corresponding to the debits that fall to be brought into account by virtue of sub-paragraph (2) above in relation to the guarantor company.
- (7) If, in a case where this sub-paragraph applies,—
- (a) the lending company makes its claim under paragraph 6 above before the guarantor company makes its claim under sub-paragraph (2) above, and
- (b) the computation on which the lending company’s claim is based does not comply with sub-paragraph (6) above,
the guarantor company’s claim shall be disallowed.
- (8) A claim under sub-paragraph (2) above may be made by—
- (a) the guarantor company,
- (b) where there are two or more guarantor companies, those companies acting together, or
- (c) the issuing company,
but any claim made by the issuing company shall be taken to be made on behalf of the guarantor company or companies.
- (9) Sub-paragraphs (3) to (6) of paragraph 6 above (claims and time limits) shall apply in relation to a claim under sub-paragraph (2) above made by or on behalf of any person or persons as they apply in relation to a claim under that paragraph made by the disadvantaged person, but taking references in those sub-paragraphs—
- (a) to the advantaged person, as references to the issuing company, and
- (b) to the disadvantaged person, as references to the guarantor company or companies.
- (10) The following provisions of paragraph 1A above also apply for the purposes of this paragraph—
- (a) sub-paragraph (7) (construction of references to a guarantee);
- (b) sub-paragraph (9) (meaning of security);
- (c) sub-paragraph (10) (extended meaning of security).
- (11) In this paragraph “*the Taxes Acts*” has the meaning given in section 118(1) of the Management Act.
### Certain interest not to be regarded as chargeable under Case III of Schedule D
##### 6E
Where—
- (a) interest is paid by any person under the actual provision,
- (b) paragraph 1(2) above applies in relation to the actual provision,
- (c) the amount of interest that would have been payable under the arm’s length provision is less than the amount of interest paid under the actual provision (or there would not have been any interest payable),
- (d) the person receiving the interest makes a claim under paragraph 6 above or a paragraph 6C claim,
the interest paid under the actual provision, to the extent that it exceeds the amount of interest that would have been payable under the arm’s length provision, shall not be regarded as chargeable under Case III of Schedule D or Chapter 2 of Part 4 of ITTOIA 2005and shall not be subject to the provisions of Part 15 of ITA 2007 (deduction of income tax at source).
### Adjustment of disadvantaged person’s double taxation relief
##### 7
- (1) Subject to sub-paragraph (4) below, where—
- (a) a claim is made for the purposes of paragraph 6 above, and
- (b) the disadvantaged person is entitled, on that claim, to make a computation, or to have an adjustment made in his case, on the basis that the arm’s length provision was made or imposed instead of the actual provision,
the assumptions specified in sub-paragraph (2) below shall apply, in the disadvantaged person’s case, as respects any credit for foreign tax which the disadvantaged person has been or may be given in pursuance of any double taxation arrangements or under section 790(1).
- (2) Those assumptions are—
- (a) that the foreign tax paid or payable by the disadvantaged person does not include any amount of foreign tax which would not be or have become payable were it to be assumed for the purposes of that tax that the arm’s length provision had been made or imposed instead of the actual provision; and
- (b) that the amount of the relevant profits of the disadvantaged person in respect of which he is given credit for foreign tax does not include the amount (if any) by which his relevant profits are treated as reduced in accordance with paragraph 6 above.
- (3) Sub-paragraph (4) below applies if—
- (a) a claim is made for the purposes of paragraph 6 above;
- (b) the disadvantaged person is entitled, on that claim, to make a computation, or to have an adjustment made in his case, on the basis that the arm’s length provision was made or imposed instead of the actual provision;
- (c) the application of that basis in the computation of the disadvantaged person’s profits or losses for any chargeable period involves a reduction in the amount of any income; and
- (d) that income is also income that falls to be treated as reduced in accordance with section 811(1).
- (4) Where this sub-paragraph applies—
- (a) the reduction mentioned in sub-paragraph (3)(c) above shall be treated as made before any reduction under section 811(1); and
- (b) tax paid, in the place in which any income arises, on so much of that income as is represented by the amount of the reduction mentioned in sub-paragraph (3)(c) above shall be disregarded for the purposes of section 811(1).
- (5) Where, in a case in which a claim has been made for the purposes of paragraph 6 above, any adjustment is required to be made for the purpose of giving effect to any of the preceding provisions of this paragraph—
- (a) it may be made in any case by setting the amount of the adjustment against any relief or repayment to which the disadvantaged person is entitled in pursuance of that claim; and
- (b) nothing in the Tax Acts limiting the time within which any assessment is to be or may be made or amended shall prevent that adjustment from being so made.
- (6) References in this paragraph to relevant profits of the disadvantaged person are references to profits arising to the disadvantaged person from the carrying on of the relevant activities.
### Balancing payments between affected persons: no charge to, or relief from, tax
##### 7A
- (1) This paragraph applies where—
- (a) the circumstances are as described in paragraph 6(1) above,
- (b) one or more payments (the “balancing payments”) are made to the advantaged person by the disadvantaged person, and
- (c) the sole or main reason for making those payments is that paragraph 1(2) above applies.
- (2) To the extent that the balancing payments do not in the aggregate exceed the amount of the available compensating adjustment, those payments—
- (a) shall not be taken into account in computing profits or losses of either of the affected persons for the purposes of income tax or corporation tax, and
- (b) shall not for any of the purposes of the Corporation Tax Acts be regarded as distributions . . . .
- (3) In this paragraph “*the available compensating adjustment*” means the difference between PL1 and PL2 where—
- PL1 is the profits and losses of the disadvantaged person computed for tax purposes on the basis of the actual provision, and
- PL2 is the profits and losses of the disadvantaged person as they fall (or would fall) to be computed for tax purposes on a claim under paragraph 6 above,
### Securities: election to discharge tax liability instead of making balancing payments
##### 7B
- (1) This paragraph applies in any case where—
- (a) both of the affected persons are companies,
- (b) the circumstances are as described in paragraph 6(1) above, and
- (c) the actual provision is provision in relation to a security (the “relevant security”).
- (2) The disadvantaged person may make an election under this paragraph in respect of the relevant security if the condition in sub-paragraph (3) below is satisfied.
- (3) The condition is that—
- (a) the actual provision forms part of a capital market arrangement,
- (b) the capital market arrangement involves the issue of a capital market investment,
- (c) the securities that represent the capital market investment are issued wholly or mainly to independent persons (see sub-paragraph (9) below), and
- (d) the total value of the capital market investments made under the capital market arrangement is at least £50 million.
- (4) An election under this paragraph in respect of the relevant security is an election for the disadvantaged person—
- (a) to make no balancing payment within paragraph 7A above to the advantaged person in respect of the application of paragraph 1(2) above in relation to the relevant security in a chargeable period by virtue of paragraph 1A above, but
- (b) instead, to undertake sole responsibility for discharging the advantaged person’s liability to tax for that period so far as resulting from the application of paragraph 1(2) above in relation to the relevant security by virtue of paragraph 1A above.
- (5) Where an election under this paragraph has effect in relation to an accounting period of the advantaged person, the tax mentioned in sub-paragraph (4)(b) above—
- (a) shall be recoverable from the disadvantaged person as if it were an amount of corporation tax due and owing from that person, and
- (b) shall not be recoverable from the advantaged person.
- (6) Any election under this paragraph in respect of the relevant security—
- (a) must be made by being included (whether by amendment or otherwise) in the disadvantaged person’s company tax return for the chargeable period in which the relevant security is issued,
- (b) has effect in relation to each of the affected persons for the chargeable period in which the relevant security is issued and all subsequent chargeable periods, and
- (c) is irrevocable.
For the purposes of this sub-paragraph a security issued in a chargeable period beginning before 1st April 2004 shall be treated as if it had been issued in the chargeable period beginning on that date.
- (7) An election under this paragraph by a person is of no effect if the Board give that person a notice under this sub-paragraph refusing to accept the election.
- (8) A notice under sub-paragraph (7) above may be given only after a notice of enquiry in respect of the company tax return containing the election has been given to the disadvantaged person.
- (9) In this paragraph—
- “*capital market arrangement*” has the same meaning as in section 72B(1) of the Insolvency Act 1986 (see paragraph 1 of Schedule 2A to that Act);
- “*capital market investment*” has the same meaning as in section 72B(1) of the Insolvency Act 1986 (see paragraphs 2 and 3 of Schedule 2A to that Act);
- “*company tax return*” means the return required to be delivered pursuant to a notice under paragraph 3 of Schedule 18 to the Finance Act 1998, as read with paragraph 4 of that Schedule;
- “*independent person*” means a person—who is not the disadvantaged person, andwho does not have a participatory relationship with either of the affected persons.
- (10) The following provisions of paragraph 1A above also apply for the purposes of this paragraph—
- (a) sub-paragraph (8) (meaning of participatory relationship);
- (b) sub-paragraph (9) (meaning of security);
- (c) sub-paragraph (10) (extended meaning of security).
### Balancing payments by guarantor to issuer: no charge to, or relief from, tax
##### 7C
- (1) This paragraph applies in any case where—
- (a) the circumstances are as described in paragraph 6D(1) above,
- (b) one or more payments (the “balancing payments”) are made by the guarantor company to the issuing company, and
- (c) the sole or main reasons for making those payments are that paragraph 1(2) above applies by virtue of paragraph 1B above or that paragraph 6D above applies.
- (2) To the extent that the balancing payments made by all the guarantor companies do not in the aggregate exceed the amount TR in paragraph 6D(3) above (total reductions within paragraph 6D(1)(c) above), those payments—
- (a) shall not be taken into account in computing for the purposes of corporation tax the profits or losses of the guarantor company or companies or the issuing company, and
- (b) shall not for any purpose of the Corporation Tax Acts be regarded as distributions . . . .
### Guarantees: election to discharge tax liability instead of making balancing payments
##### 7D
- (1) This paragraph applies where the following conditions are satisfied—
- (a) both of the affected persons are companies,
- (b) the circumstances are as described in paragraph 6(1) above,
- (c) the actual provision falls within paragraph 1B(1) above.
- (2) Sub-paragraphs (2) to (8) of paragraph 7B above apply in a case where this paragraph applies as they apply in a case where that paragraph applies, but with the modifications in sub-paragraphs (3) and (4) below.
- (3) The relevant security is the security in paragraph 1B(1)(a) above.
- (4) In sub-paragraph (4) (nature of the election)—
- (a) for “paragraph 7A above” substitute paragraph 7C below;
- (b) for “paragraph 1A”, in both places, substitute paragraph 1B.
### Foreign exchange gains and losses and financial instruments
##### 8
- (1) Subject to sub-paragraph (3)and sub-paragraph (4) below, this Schedule shall not require the amounts brought into account in any person’s case under—
- (a) Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) in respect of exchange gains or losses from loan relationships (as defined in section 103(1A) and (1B) of that Act), or
- (b) Schedule 26 to the Finance Act 2002 (derivative contracts) in respect of exchange gains and losses (as defined in paragraph 54 of that Schedule),
to be computed in that person’s case on the assumption that the arm’s length provision had been made or imposed instead of the actual provision.
- (3) Sub-paragraph (1) above shall not affect so much of paragraph 11A of Schedule 9 to the Finance Act 1996 (loan relationships: exchange gains or losses where loan not on arm’s length terms) as has effect by reference to whether profits or losses fall to be computed by virtue of this Schedule as if the whole or any part of a loan had not been made.
- (4) Sub-paragraph (1) above shall not affect so much of paragraph 27 of Schedule 26 to the Finance Act 2002 (derivative contracts: exchange gains or losses where derivative contract not on arm’s length terms) as has effect by reference to whether profits or losses fall to be computed by virtue of this Schedule as if a company were not party to a derivative contract or as if the terms of the contract to which it is party were different.
### Special rules for sales etc. of oil
##### 9
- (1) Subject to paragraph 10 below, this paragraph applies to provision made or imposed by or in relation to the terms of a sale of oil if—
- (a) the oil sold is oil which has been, or is to be, extracted under rights exercisable by a company (“the producer") which (although it may be the seller) is not the buyer; and
- (b) at the time of the sale not less than 20 per cent. of the producer’s ordinary share capital is owned directly or indirectly by one or more of the following, that is to say, the buyer and the companies (if any) that are linked to the buyer.
- (2) Where this paragraph applies to provision made or imposed by or in relation to the terms of a sale of oil, this Schedule shall have effect as respects that provision as if the buyer, the seller and (if it is not the seller) the producer were all controlled by the same person at the time of the making or imposition of that provision.
- (3) For the purposes of this paragraph two companies are linked if—
- (a) one is under the control of the other; or
- (b) both are under the control of the same person or persons.
- (4) For the purposes of this paragraph—
- (a) any question whether ordinary share capital is owned directly or indirectly by a company shall be determined as for section 838;
- (b) rights to extract oil shall be taken to be exercisable by a company even if they are exercisable by that company only jointly with one or more other companies; and
- (c) a sale of oil shall be deemed to take place at the time of the completion of the sale or when possession of the oil passes, whichever is the earlier.
- (5) In this paragraph “*oil*” includes any mineral oil or relative hydrocarbon, as well as natural gas.
### Transactions and deemed transactions involving oil
##### 10
This Schedule does not apply in relation to provision made or imposed by means of any transaction or deemed transaction in the case of which the price or consideration is determined in accordance with any of subsections (1) to (4) of section 493 (transactions and deemed transactions involving oil treated as made at market value).
### Special provision for companies carrying on ring fence trades
##### 11
- (1) This paragraph applies where any person (“the taxpayer") carries on as, or as part of, a trade any activities (“the ring fence trade") which, in accordance with section 492(1) above or section 16(1) of ITTOIA 2005 either—
- (a) fall to be treated for any tax purposes as a separate trade, distinct from all other activities carried on by him as part of the trade; or
- (b) would so fall if the taxpayer did carry on any other activities as part of that trade.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Subject to paragraph 10 above and sub-paragraph (4) below, this Schedule shall have effect as respects any provision made or imposed by the taxpayer as between the ring fence trade and any other activities carried on by him as if—
- (a) that trade and those activities were carried on by two different persons;
- (b) that provision were made or imposed as between those two persons by means of a transaction;
- (c) a potential advantage in relation to United Kingdom taxation were conferred by that provision on each of those two persons; and
- (d) those two persons were both controlled by the same person at the time of the making or imposition of that provision; . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) This Schedule shall apply in accordance with this paragraph in relation to any provision mentioned in sub-paragraph . . . (3) above only where the effect of its application in relation to that provision is either—
- (a) that a larger amount (including, if there would not otherwise have been profits, an amount of more than nil) is taken for tax purposes to be the amount of the profits of the ring fence trade for any chargeable period; or
- (b) that a smaller amount (including nil) is taken for tax purposes to be the amount for any chargeable period of any losses of that trade.
### Appeals
##### 12
- (1) In so far as the question in dispute on any appeal falling within sub-paragraph (2) below—
- (a) is or involves a determination of whether this Schedule has effect as respects any provision made or imposed as between any two persons, or of how it so has effect, and
- (b) is not a question that would fall to be determined by the Special Commissioners apart from this sub-paragraph,
that question shall be determined by them.
- (2) The appeals falling within this sub-paragraph are—
- (a) any appeal under section 31 of, or Schedule 1A to, the Management Act;
- (b) any appeal under paragraph 34(3) of Schedule 18 to the Finance Act 1998 against an amendment of a company’s return; and
- (c) any appeal under paragraph 48 of that Schedule against a discovery assessment or a discovery determination.
- (3) Sub-paragraph (4) below applies where—
- (a) any such question as is mentioned in sub-paragraph (1) above falls to be determined by the Special Commissioners for the purposes of any proceedings before them; and
- (b) that question relates to any provision made or imposed as between two persons each of whom is within the charge to income tax or corporation tax in respect of profits arising from the relevant activities.
- (4) Where this sub-paragraph applies—
- (a) each of the persons as between whom the actual provision was made or imposed shall be entitled to appear and be heard by the Special Commissioners, or to make representations to them in writing;
- (b) the Special Commissioners shall determine that question separately from any other questions in those proceedings; and
- (c) their determination on that question shall have effect as if made in an appeal to which each of those persons was a party.
- (5) In this paragraph—
- “*discovery assessment*” means a discovery assessment under paragraph 41 of Schedule 18 to the Finance Act 1998 (including one by virtue of paragraph 52 of that Schedule); and
- “*discovery determination*” means a discovery determination under paragraph 41 of that Schedule.
### Saving for the provisions relating to capital allowances and capital gains
##### 13
- (1) Nothing in this Schedule shall be construed as affecting—
- (a) the computation of the amount of any capital allowance or balancing charge made under the Capital Allowances Act; or
- (b) the computation in accordance with the 1992 Act of the amount of any chargeable gain or allowable loss;
and nothing in this Schedule shall require the profits or losses of any person to be computed for tax purposes as if, in his case, instead of income or losses falling to be brought into account in connection with the taxation of income, there were gains or losses falling to be brought into account in accordance with the 1992 Act.
- (2) Nothing in sub-paragraph (1) above applies to paragraph 6 above.
### General interpretation etc.
##### 14
- (1) In this Schedule—
- “*the actual provision*” and “*the affected persons*” shall be construed in accordance with paragraph 1(1) above;
- “*the arm*”s length provision’ shall be construed in accordance with paragraph 1(2) and (3) above;
- “*double taxation arrangements*” means arrangements having effect by virtue of section 788;
- “*foreign tax*” means any tax under the law of a territory outside the United Kingdom or any amount which falls for the purposes of any double taxation arrangements to be treated as if it were such tax;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*losses*” includes amounts which are not losses but in respect of which relief may be given in accordance with any of the following enactments—section 75(9) (excess of management expenses);section 468L(5) (allowance for interest distributions of a unit trust);Part X (loss relief and group relief);section 83 of and Schedule 8 to the Finance Act 1996 or paragraph 4 of Schedule 11 to that Act (deficits on loan relationships);
- “*medium-sized enterprise*” shall be construed in accordance with paragraph 5D above;
- “*non-qualifying territory*” has the meaning given by paragraph 5E above;
- “*paragraph 6C claim*” has the meaning given by paragraph 6C(2) above;
- “*profits*” includes income;
- “*qualifying territory*” has the meaning given by paragraph 5E above;
- “*the relevant activities*”, in relation to a person who is one of the persons as between whom any provision is made or imposed, means such of his activities as—comprise the activities in the course of which, or with respect to which, that provision is made or imposed; andare not activities carried on either separately from those activities or for the purposes of a different part of that person’s business;
- “*small enterprise*” shall be construed in accordance with paragraph 5D above;
- “*transaction*” and “*series of transactions*” shall be construed in accordance with paragraph 3 above.
- (2) Without prejudice to paragraphs 9(2) and 11(3) above, references in this Schedule to a person controlling a body corporate or a partnership shall be construed in accordance with section 840.
- (3) In determining for the purposes of this Schedule whether a person has an entitlement, in pursuance of any double taxation arrangements or under section 790(1), to be given credit for foreign tax, any requirement that a claim is made before such a credit is given shall be disregarded.
- (4) Any adjustments required to be made by virtue of this Schedule may be made by way of discharge or repayment of tax, by the modification of any assessment or otherwise.
- (5) This Schedule shall have effect as if—
- (a) a unit trust scheme were a company that is a body corporate;
- (b) the rights of the unit holders under such a scheme were shares in the company that the scheme is deemed to be;
- (c) rights and powers of a person in the capacity of a person entitled to act for the purposes of the scheme were rights and powers of the scheme; and
- (d) provision made or imposed as between any person in such a capacity and another person were made or imposed as between the scheme and that other person.
## SCHEDULE 28AB
### Introductory
##### 1
- (1) A scheme or arrangement, other than a scheme or arrangement falling within sub-paragraph (3), is a prescribed scheme or arrangement if one or more of paragraphs 2 to 6 apply to it.
- (2) A scheme or arrangement falling within sub-paragraph (3) is a prescribed scheme or arrangement if one or more of paragraphs 2 to 6 would, on the assumption in sub-paragraph (4), apply to it.
- (3) A scheme or arrangement falls within this sub-paragraph if its main purpose, or one of its main purposes, is to cause an amount of underlying tax allowable in respect of a dividend paid by a body corporate resident in a territory outside the United Kingdom to be taken into account in the case of a person.
- (4) The assumption is that the body corporate is resident in the United Kingdom.
- (5) Nothing in sub-paragraph (4) requires it to be assumed that there is any change in the place or places at which the body corporate carries on its activities.
### Attribution of foreign tax
##### 2
This paragraph applies to a scheme or arrangement if the scheme or arrangement enables a person who is party to, or concerned in, the scheme or arrangement to pay, in respect of a source of income or chargeable gain, an amount of foreign tax all or part of which is properly attributable to another source of income or chargeable gain (or to more than one such other source).
### Effect of paying foreign tax
##### 3
- (1) This paragraph applies to a scheme or arrangement if, under the scheme or arrangement, sub-paragraph (2) is satisfied in relation to a person who has claimed, or is in a position to claim, for a chargeable period an allowance under any arrangements by way of credit for foreign tax (“*the claimant*”).
- (2) This sub-paragraph is satisfied if—
- (a) an amount of foreign tax is paid by the claimant, and
- (b) at the time when the claimant entered into the scheme or arrangement, it could reasonably be expected that the effect of the payment of that amount of foreign tax on the foreign tax total would be to increase it by less than the amount allowable to the claimant as a credit in respect of the payment of that amount of foreign tax.
- (3) The foreign tax total is the amount found by—
- (a) aggregating the amounts of foreign tax paid or payable in respect of the transaction or transactions forming part of the scheme or arrangement by persons party to, or concerned in, the scheme or arrangement, and
- (b) taking into account any reliefs, deductions, reductions or allowances against or in respect of any tax that arise to the persons party to, or concerned in, the scheme or arrangement (including any reliefs, deductions, reductions or allowances arising to any one or more of those persons as a consequence of the payment by the claimant of that amount of foreign tax).
### Effect of claim, election or other arrangement
##### 4
- (1) This paragraph applies to a scheme or arrangement if under the scheme or arrangement—
- (a) a step is taken by a person who is party to, or concerned in, the scheme or arrangement, or
- (b) a step that could have been taken by such a person is not taken,
and that action or that failure to act has the effect of increasing a claim made by a person who is party to, or concerned in, the scheme or arrangement for an allowance by way of credit in accordance with this Part or of giving rise to such a claim.
- (2) The steps mentioned in sub-paragraph (1) are steps that may be made—
- (a) under the law of any territory, or
- (b) under arrangements made in relation to any territory.
- (3) The steps mentioned in sub-paragraph (1) include—
- (a) claiming, or otherwise securing the benefit of, reliefs, deductions, reductions or allowances;
- (b) making elections for tax purposes.
### Effect attributable to scheme or arrangement
##### 5
- (1) This paragraph applies to a scheme or arrangement if, under the scheme or arrangement, sub-paragraph (2) is satisfied in relation to a person who has claimed, or is in a position to claim, for a chargeable period an allowance under any arrangements by way of credit for foreign tax.
- (2) This sub-paragraph is satisfied if amount A is less than amount B.
- (3) Amount A is the amount of United Kingdom taxes payable by the person in respect of income and chargeable gains arising in the chargeable period.
- (4) Amount B is the amount of United Kingdom taxes that would be payable by the person in respect of income and chargeable gains arising in the chargeable period if, in determining that amount, the transactions forming part of the scheme or arrangement were disregarded.
### Tax deductible payments
##### 6
- (1) This paragraph applies to a scheme or arrangement if the scheme or arrangement includes—
- (a) the making by a person (“A”) of a relevant payment or payments, and
- (b) the giving, in respect of that payment or payments, of consideration that satisfies the requirements of sub-paragraph (3).
- (2) A payment made by A is a relevant payment if all or part of it may be brought into account in computing A's income for the purposes of United Kingdom taxes.
- (3) Consideration given in respect of a payment or payments made by A satisfies the requirements of this sub-paragraph if—
- (a) all or part of it consists of a payment or payments made to A or a person connected with A, and
- (b) tax is chargeable in respect of the payment or payments under the law of a territory outside the United Kingdom.
- (4) In this paragraph references to a payment include references to a transfer of money's worth.
- (5) Section 839 applies for the purposes of this paragraph.
## SCHEDULE 28B
### Introductory
##### 1
- (1) This Schedule applies, where any shares in or securities of any company (“the relevant company”) are at any time held by another company (“the trust company”), for determining whether and to what extent those shares or securities (“the relevant holding”) are, for the purposes of section 842AA, to be regarded as at that time comprised in the trust company’s qualifying holdings.
- (2) The relevant holding shall be regarded as comprised in the trust company’s qualifying holdings at any time if—
- (a) all the requirements of the following provisions of this Schedule are satisfied at that time in relation to the relevant company and the relevant holding; and
- (b) the relevant holding consists of shares or securities which were first issued by the relevant company to the trust company and have been held by the trust company ever since.
- (3) Subject to paragraph 6(3) below, where the requirements of paragraph 6 or 7 below would be satisfied as to only part of the money raised by the issue of the relevant holding and that holding is not otherwise capable of being treated as comprising separate holdings, this Schedule shall have effect in relation to that holding as if it were two holdings consisting of—
- (a) a holding from which that part of the money was raised; and
- (b) a holding from which the remainder was raised;
and section 842AA shall have effect as if the value of the holding were to be apportioned accordingly between the two holdings which are deemed to exist in pursuance of this sub-paragraph.
### Requirement that company must be unquoted company
##### 2
- (1) The requirement of this paragraph is that the relevant company (whether or not it is resident in the United Kingdom) must be an unquoted company.
- (2) In this paragraph “*unquoted company*” means a company none of whose shares, stocks, debentures or other securities is marketed to the general public.
- (3) For the purposes of this paragraph shares, stocks, debentures or other securities are marketed to the general public if they are—
- (a) listed on a recognised stock exchange,
- (b) listed on a designated exchange in a country outside the United Kingdom, or
- (c) dealt in on the Unlisted Securities Market or dealt in outside the United Kingdom by such means as may be designated.
- (4) In sub-paragraph (3) above “*designated*” means designated by an order made by the Board for the purposes of that sub-paragraph; and an order made for the purposes of paragraph (b) of that sub-paragraph may designate an exchange by name, or by reference to any class or description of exchanges, including a class or description framed by reference to any authority or approval given in a country outside the United Kingdom.
- (5) Section 828(1) does not apply to an order made for the purposes of sub-paragraph (3) above.
- (6) Where a company any shares in or securities of which are included in the qualifying holdings of the trust company ceases at any time while the trust company is approved as a venture capital trust to be an unquoted company, the requirements of this paragraph shall be deemed, in relation to shares or securities acquired by the trust company before that time, to continue to be satisfied for a period of five years after that time.
### Requirements as to company’s business
##### 3
- (1) The requirements of this paragraph are as follows.
- (2) The relevant company must be one of the following, that is to say—
- (a) a company which exists wholly for the purpose of carrying on one or more qualifying trades or which so exists apart from purposes capable of having no significant effect (other than in relation to incidental matters) on the extent of the company’s activities; or
- (aa) the parent company of a trading group.
- (3) Subject to sub-paragraph (4) below, when the relevant holding was issued and at all times since, a qualifying company (whether or not the same such company at every such time) must have been either—
- (a) carrying on a qualifying trade wholly or mainly in the United Kingdom; or
- (b) preparing to carry on a qualifying trade which at the time when the relevant holding was issued was intended to be carried on wholly or mainly in the United Kingdom by a qualifying company,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) The requirements of sub-paragraph (3) above shall not be capable of being satisfied by virtue of paragraph (b) of that sub-paragraph at any time after the end of the period of two years beginning with the issue of the relevant holding unless—
- (a) the intended trade was begun to be carried on by a qualifying company before the end of that period, and
- (b) at all times since the end of that period, a qualifying company (whether or not the same such company at every such time) has been carrying on a qualifying trade wholly or mainly in the United Kingdom.
- (5) The requirements of that sub-paragraph shall also be incapable of being so satisfied at any time after the abandonment, within the period mentioned in sub-paragraph (4) above, of the intention in question.
- (5A) In sub-paragraphs (3) and (4) above, “*qualifying company*” means the relevant company or any relevant qualifying subsidiary of that company.
- (5B) In determining for the purposes of sub-paragraph (4)(a) above when the intended trade was begun to be carried on by a qualifying company which is a relevant qualifying subsidiary of the relevant company there shall be disregarded any carrying on of the trade by it before it became such a subsidiary of the relevant company.
- (6) For the purposes of this paragraph a company is the parent company of a trading group if—
- (a) it has one or more subsidiaries;
- (b) each of its subsidiaries is a qualifying subsidiary of the company; and
- (c) the requirements of sub-paragraph (7) below are fulfilled by what would be the business of the company and its qualifying subsidiaries if all the activities, taken together, of the company and its qualifying subsidiaries were regarded as one business.
- (7) A business fulfils the requirements of this sub-paragraph if neither the business nor a substantial part of it consists in, or in either of, the following, that is to say—
- (a) activities falling within paragraph 4(2)(a) to (f) below but not within sub-paragraph (8) below; and
- (b) activities carried on otherwise than in the course of a trade.
- (8) The activities falling within this sub-paragraph are—
- (a) the receiving of royalties or licence fees in circumstances where the requirement mentioned in paragraph 4(5) below is satisfied in relation to the company receiving them;
- (b) the letting of ships, other than offshore installations or pleasure craft, on charter in circumstances where the requirements mentioned in paragraphs (a) to (d) of paragraph 4(7) below are satisfied in relation to the company so letting them.
- (9) Activities of a company or of any of its qualifying subsidiaries shall be disregarded for the purposes of sub-paragraphs (6) to (8) above to the extent that they consist in—
- (a) the holding of shares in or securities of, or the making of loans to, one or more of the company’s qualifying subsidiaries; or
- (b) the holding and managing of property used by the company or any of its qualifying subsidiaries for the purposes of—
- (i) research and development from which it is intended that a qualifying trade to be carried on by the company or any of its qualifying subsidiaries will be derived; or
- (ii) one or more qualifying trades so carried on.
- (10) Activities of a qualifying subsidiary of a company shall also be disregarded for the purposes of sub-paragraphs (6) to (8) above to the extent that they consist in—
- (a) the making of loans to the company; or
- (b) in the case of a mainly trading subsidiary, activities carried on in pursuance of its insignificant purposes (within the meaning given by sub-paragraph (11) below).
- (11) In sub-paragraph (10) above “*mainly trading subsidiary*” means a qualifying subsidiary which, apart from purposes (“*its insignificant purposes*”) which are capable of having no significant effect (other than in relation to incidental matters) on the extent of its activities, exists wholly for the purpose of carrying on one or more qualifying trades.
### Meaning of “qualifying trade”
##### 4
- (1) For the purposes of this Schedule—
- (a) a trade is a qualifying trade if it is a trade complying with this paragraph; and
- (b) the carrying on of any activities of research and development from which it is intended that there will be derived a trade that—
- (i) will comply with this paragraph, and
- (ii) will be carried on wholly or mainly in the United Kingdom,
shall be treated as the carrying on of a qualifying trade.
- (2) Subject to sub-paragraphs (3) to (9) below, a trade complies with this paragraph if neither that trade nor a substantial part of it consists in one or more of the following activities, that is to say—
- (a) dealing in land, in commodities or futures or in shares, securities or other financial instruments;
- (b) dealing in goods otherwise than in the course of an ordinary trade of wholesale or retail distribution;
- (c) banking, insurance, money-lending, debt-factoring, hire-purchase financing or other financial activities;
- (d) leasing (including letting ships on charter or other assets on hire) or receiving royalties or licence fees;
- (e) providing legal or accountancy services;
- (ea) property development;
- (eb) farming or market gardening;
- (ec) holding, managing or occupying woodlands, any other forestry activities or timber production;
- (ed) operating or managing hotels or comparable establishments, or managing property used as an hotel or comparable establishment;
- (ee) operating or managing nursing homes or residential care homes, or managing property used as a nursing home or residential care home;
- (f) providing services or facilities for any such trade carried on by another person (not being a company of which the company providing the services or facilities is a subsidiary) as—
- (i) consists, to a substantial extent, in activities within any of paragraphs (a) to (ee) above; and
- (ii) is a trade in which a controlling interest is held by a person who also has a controlling interest in the trade carried on by the company providing the services or facilities.
- (3) For the purposes of sub-paragraph (2)(b) above—
- (a) a trade of wholesale distribution is one in which the goods are offered for sale and sold to persons for resale by them, or for processing and resale by them, to members of the general public for their use or consumption;
- (b) a trade of retail distribution is one in which the goods are offered for sale and sold to members of the general public for their use or consumption; and
- (c) a trade is not an ordinary trade of wholesale or retail distribution if—
- (i) it consists, to a substantial extent, in dealing in goods of a kind which are collected or held as an investment, or in that activity and any other activity of a kind falling within sub-paragraph (2)(a) to (f) above, taken together; and
- (ii) a substantial proportion of those goods are held by the company for a period which is significantly longer than the period for which a vendor would reasonably be expected to hold them while endeavouring to dispose of them at their market value.
- (3A) For the purposes of this Schedule the activities of a person shall not be taken to fall within paragraph (ed) or (ee) of sub-paragraph (2) above except where that person has an estate or interest in, or is in occupation of, the hotels or comparable establishments or, as the case may be, the nursing homes or residential care homes.
- (4) In determining for the purposes of this paragraph whether a trade carried on by any person is an ordinary trade of wholesale or retail distribution, regard shall be had to the extent to which it has the following features, that is to say—
- (a) the goods are bought by that person in quantities larger than those in which he sells them;
- (b) the goods are bought and sold by that person in different markets;
- (c) that person employs staff and incurs expenses in the trade in addition to the cost of the goods and, in the case of a trade carried on by a company, to any remuneration paid to any person connected with it;
- (d) there are purchases or sales from or to persons who are connected with that person;
- (e) purchases are matched with forward sales or vice versa;
- (f) the goods are held by that person for longer than is normal for goods of the kind in question;
- (g) the trade is carried on otherwise than at a place or places commonly used for wholesale or retail trade;
- (h) that person does not take physical possession of the goods;
and for the purposes of this sub-paragraph the features specified in paragraphs (a) to (c) above shall be regarded as indications that the trade is such an ordinary trade and those in paragraphs (d) to (h) above shall be regarded as indications of the contrary.
- (5) A trade shall not be treated as failing to comply with this paragraph by reason only that it consists to a substantial extent in the receiving of royalties or licence fees if the royalties and licence fees (or all but for a part that is not a substantial part in terms of value) are attributable to the exploitation of relevant intangible assets.
- (6) For this purpose an intangible asset is a “*relevant intangible asset*” if the whole or greater part (in terms of value) of it has been created—
- (a) by the company carrying on the trade, or
- (b) by a company which at all times during which it created the intangible asset was—
- (i) the parent company of the company carrying on the trade, or
- (ii) a qualifying subsidiary of that parent company.
- (6A) In the case of a relevant asset that is intellectual property, references in sub-paragraph (6) above to the creation of the asset by a company are to its creation in circumstances in which the right to exploit it vests in the company (whether alone or jointly with others).
- (6B) For the purposes of sub-paragraphs (5) to (6A) above “*intangible asset*” means any asset which falls to be treated as an intangible asset in accordance with generally accepted accounting practice.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6C) For the purposes of sub-paragraph (6) above
- (a) “*parent company*” means a company that—
- (i) has one or more 51% subsidiaries, but
- (ii) is not itself a 51% subsidiary of another company; and
- (b) paragraph 10 below (meaning of “*qualifying subsidiary*”) shall apply as if the references in that paragraph to the relevant company were references to the parent company referred to in sub-paragraph (6)(b) above.
- (6D) For the purposes of sub-paragraph (6A) above “*intellectual property*” means—
- (a) any patent, trade mark, registered design, copyright, design right, performer’s right or plant breeder’s right; and
- (b) any rights under the law of a country or territory outside the United Kingdom which correspond or are similar to those falling within paragraph (a) above.
- (7) A trade shall not be treated as failing to comply with this paragraph by reason only of its consisting in letting ships, other than offshore installations or pleasure craft, on charter if—
- (a) every ship let on charter by the company carrying on the trade is beneficially owned by the company;
- (b) every ship beneficially owned by the company is registered in the United Kingdom;
- (c) the company is solely responsible for arranging the marketing of the services of its ships; and
- (d) the conditions mentioned in sub-paragraph (8) below are satisfied in relation to every letting of a ship on charter by the company;
but where any of the requirements mentioned in paragraphs (a) to (d) above are not satisfied in relation to any lettings, the trade shall not thereby be treated as failing to comply with this paragraph if those lettings and any other activity of a kind falling within sub-paragraph (2)(a) to (f) above do not, when taken together, amount to a substantial part of the trade.
- (8) The conditions are that—
- (a) the letting is for a period not exceeding 12 months and no provision is made at any time (whether in the charterparty or otherwise) for extending it beyond that period otherwise than at the option of the charterer;
- (b) during the period of the letting there is no provision in force (whether by virtue of being contained in the charterparty or otherwise) for the grant of a new letting to end, otherwise than at the option of the charterer, more than 12 months after that provision is made;
- (c) the letting is by way of a bargain made at arm’s length between the company and a person who is not connected with it;
- (d) under the terms of the charter the company is responsible as principal—
- (i) for taking, throughout the period of the charter, management decisions in relation to the ship, other than those of a kind generally regarded by persons engaged in trade of the kind in question as matters of husbandry; and
- (ii) for defraying all expenses in connection with the ship throughout that period, or substantially all such expenses, other than those directly incidental to a particular voyage or to the employment of the ship during that period;
and
- (e) no arrangements exist by virtue of which a person other than the company may be appointed to be responsible for the matters mentioned in paragraph (d) above on behalf of the company;
but this sub-paragraph shall have effect, in relation to any letting between one company and another where one of those companies is the relevant company and the other is a qualifying subsidiary of that company, or where both companies are qualifying subsidiaries of the relevant company, as if paragraph (c) were omitted.
- (9) A trade shall not comply with this paragraph unless it is conducted on a commercial basis and with a view to the realisation of profits.
### Provisions supplemental to paragraph 4
##### 5
- (1) In paragraph 4 above—
- “*film*” means an original master negative of a film, an original master film disc or an original master film tape;
- “*nursing home*” means any establishment which exists wholly or mainly for the provision of nursing care for persons suffering from sickness, injury or infirmity or for women who are pregnant or have given birth to children;
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*pleasure craft*” means any ship of a kind primarily used for sport or recreation;
- “*property development*” means the development of land—by a company which has, or at any time has had, an interest in the land, andwith the sole or main object of realising a gain from the disposal of an interest in the land when it is developed;
- “*research and development*” has the meaning given by section 837A;
- “*residential care home*” means any establishment which exists wholly or mainly for the provision of residential accommodation, together with board and personal care, for persons in need of personal care by reason of old age, mental or physical disabilities, past or present dependence on alcohol or drugs or any past illnesses or past or present mental disorders; and
- “*sound recording*”, in relation to a film, means its sound track, original master audio disc or original master audio tape.
- (2) For the purposes of paragraph 4 above, in the case of a trade carried on by a company, a person has a controlling interest in that trade if—
- (a) he controls the company;
- (b) the company is a close company and he or an associate of his, being a director of the company, either—
- (i) is the beneficial owner of more than 30 per cent. of the ordinary share capital of the company, or
- (ii) is able, directly or through the medium of other companies or by any other indirect means, to control more than 30 per cent. of that share capital;
or
- (c) not less than half of the trade could, in accordance with section 344(2), be regarded as belonging to him for the purposes of section 343;
and, in any other case, a person has a controlling interest in a trade if he is entitled to not less than half of the assets used for, or of the income arising from, the trade.
- (3) For the purposes of sub-paragraph (2) above there shall be attributed to any person any rights or powers of any other person who is an associate of his.
- (4) References in paragraph 4 above or this paragraph to a trade, except the references in paragraph 4(2)(f) to the trade for which services or facilities are provided, shall be construed without reference to so much of the definition of trade in section 832(1) as relates to adventures or concerns in the nature of trade; and those references in paragraph 4(2)(f) above to a trade shall have effect, in relation to cases in which what is carried on is carried on by a person other than a company, as including references to any business, profession or vocation.
- (5) In this paragraph—
- “*associate*” has the meaning given in subsections (3) and (4) of section 417, except that in those subsections, as applied for the purposes of this paragraph, “*relative*” shall not include a brother or sister; and
- “*director*” shall be construed in accordance with subsection (5) of that section;
- “*interest in land*” means (subject to sub-paragraph (6) below)—any estate, interest or right in or over land, including any right affecting the use or disposition of land; orany right to obtain such an estate, interest or right from another which is conditional on the other’s ability to grant the estate, interest or right.
- (6) References in paragraph 4 above, in relation to an hotel, to a comparable establishment are references to a guest house, hostel or other establishment the main purpose of maintaining which is the provision of facilities for overnight accommodation (whether with or without catering services).
- (7) References in this paragraph to an interest in land do not include references to—
- (a) the interest of a creditor (other than a creditor in respect of a rentcharge) whose debt is secured by way of mortgage, an agreement for a mortgage or a charge of any kind over land; or
- (b) in the case of land in Scotland, the interest of a creditor in a charge or security of any kind over land.
### Meaning of “relevant qualifying subsidiary”
##### 5A
- (1) For the purposes of this Schedule, a company (“the subsidiary”) is a relevant qualifying subsidiary of the relevant company at any time when it falls within sub-paragraph (2) below.
- (2) The subsidiary falls within this sub-paragraph if—
- (a) the relevant company possesses not less than 90 per cent. of the issued share capital of, and not less than 90 per cent. of the voting power in, the subsidiary;
- (b) the relevant company would—
- (i) in the event of a winding up of the subsidiary, or
- (ii) in any other circumstances,
be beneficially entitled to receive not less than 90 per cent. of the assets of the subsidiary which would then be available for distribution to the equity holders of the subsidiary;
- (c) the relevant company is beneficially entitled to not less than 90 per cent. of any profits of the subsidiary which are available for distribution to the equity holders of the subsidiary;
- (d) no person other than the relevant company has control of the subsidiary within the meaning of section 840; and
- (e) no arrangements are in existence by virtue of which any of the conditions in paragraphs (a) to (d) above would cease to be met.
- (3) Sub-paragraphs (4) to (4C) and (5) of paragraph 10 below apply in relation to sub-paragraph (2) of this paragraph as they apply in relation to sub-paragraph (3) of that paragraph, but with the following modification.
- (4) That modification is that sub-paragraph (5) of that paragraph is to be read as if the words “or (as the case may be) by another subsidiary of that company” were omitted.
- (5) For the purposes of this paragraph—
- (a) the persons who are equity holders of the subsidiary, and
- (b) the percentage of the assets of the subsidiary to which an equity holder would be entitled,
shall be determined in accordance with paragraphs 1 and 3 of Schedule 18.
- (6) But in making that determination—
- (a) references in paragraph 3 of that Schedule to the first company are to be read as references to an equity holder, and
- (b) references in that paragraph to a winding up are to be read as including references to any other circumstances in which assets of the subsidiary are available for distribution to its equity holders.
### Requirements as to the money raised by the investment in question
##### 6
- (1) The requirements of this paragraph are that either—
- (a) at least 80% of the money raised by the issue of the relevant holding must—
- (i) have been employed wholly for the purposes of the trade by reference to which the requirements of paragraph 3(3) above are satisfied; or
- (ii) be money which is intended to be employed wholly for the purposes of that trade; or
- (b) all of the money so raised must have been employed as mentioned in paragraph (a)(i) above.
- (2) For the purposes of this Schedule—
- (a) the requirements of sub-paragraph (1) above shall not be capable of being satisfied by virtue of paragraph (a)(ii) of that sub-paragraph at any time after 12 months have expired from the trading time, and
- (b) the requirements of that sub-paragraph shall not be capable of being satisfied by virtue of paragraph (a)(i) of that sub-paragraph at any time after 24 months have expired from the trading time.
- (2AA) In sub-paragraph (2) above, “*the trading time*” means whichever is applicable of the following—
- (a) in a case where the requirements of sub-paragraph (3) of paragraph 3 above were satisfied in relation to the time when the relevant holding was issued by virtue of paragraph (a) of that sub-paragraph, that time; and
- (b) in a case where they were satisfied in relation to that time by virtue of paragraph (b) of that sub-paragraph, the time when the condition in paragraph 3(4)(a) above was satisfied.
- (2AB) The requirements of this paragraph are not satisfied if either of the following, namely—
- (a) the trade by reference to which the requirements of paragraph 3(3) above are satisfied, and
- (b) any preparations for that trade falling within paragraph 3(3)(b) above,
are carried on, at any time after the issue of the relevant holding, by a person other than the relevant company or a relevant qualifying subsidiary of that company.
- (2AC) Sub-paragraph (2AD) below applies where preparations mentioned in sub-paragraph (2AB)(b) above are carried on by the relevant company or a relevant qualifying subsidiary of that company at any time after the issue of the relevant holding.
- (2AD) Where this sub-paragraph applies, the requirements of this paragraph are not to be regarded, by virtue of sub-paragraph (2AB) above, as failing to be satisfied by reason only of the carrying on of the trade mentioned in sub-paragraph (2AB)(a) above by a person other than—
- (a) the relevant company, or
- (b) a qualifying subsidiary of that company,
at any time after the issue of the relevant holding but before the relevant company or any relevant qualifying subsidiary of that company carries on that trade.
- (2AE) The requirements of this paragraph are not to be regarded, by virtue of sub-paragraph (2AB) above, as failing to be satisfied by reason only of the carrying on of the trade mentioned in sub-paragraph (2AB)(a) above—
- (a) by the partners in a partnership of which the relevant company, or a relevant qualifying subsidiary of that company, is a member, or
- (b) by the parties to a joint venture to which the relevant company, or a relevant qualifying subsidiary of that company, is a party.
- (2AF) The requirements of this paragraph are not to be regarded, by virtue of sub-paragraph (2AB) above, as failing to be satisfied if—
- (a) by reason only of anything done as a consequence of the relevant company or any other company being in administration or receivership, or
- (b) by reason only of the relevant company or any other company being wound up or dissolved without winding up,
the trade mentioned in sub-paragraph (2AB)(a) above ceases to be carried on by the relevant company or a relevant qualifying subsidiary of that company and is subsequently carried on by a person who has not been connected, at any time after the date which is one year before the issue of the relevant holding, with the relevant company.
- (2AG) Sub-paragraph (2AF) above applies only if (as the case may be)—
- (a) the entry into administration or receivership and everything done as a consequence of the company concerned being in administration or receivership, or
- (b) the winding up or dissolution,
is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which or one of the main purposes of which is the avoidance of tax.
- (2AH) Sub-paragraph (2) of paragraph 11A below applies for the purposes of sub-paragraphs (2AF) and (2AG) above as it applies for the purpose of that paragraph.
- (3) For the purposes of this paragraph money shall not be treated as employed otherwise than wholly for the purposes of a trade if the only amount employed for other purposes is an amount which is not a significant amount; and nothing in paragraph 1(3) above shall require any money whose use is disregarded by virtue of this sub-paragraph to be treated as raised by a different holding.
- (4) References in this paragraph to employing money for the purposes of a trade shall include references to employing it for the purpose of preparing for the carrying on of the trade.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Requirement imposing a maximum on qualifying investments in the relevant company
##### 7
- (1) The requirement of this paragraph is that the relevant holding did not, when it was issued, represent an investment in excess of the maximum qualifying investment for the relevant period.
- (2) Subject to sub-paragraph (4) below, the maximum qualifying investment for any period is exceeded to the extent that the aggregate amount of money raised in that period by the issue to the trust company during that period of shares in or securities of the relevant company exceeds £1 million.
- (3) Any question for the purposes of this paragraph as to whether any shares in or securities of the relevant company which are for the time being held by the trust company represent an investment in excess of the maximum qualifying investment for any period shall be determined on the assumption, in relation to disposals by the trust company, that, as between shares or securities of the same description, those representing the whole or any part of the excess are disposed of before those which do not.
- (4) Where—
- (a) at the time of the issue of the relevant holding the relevant company or any of its qualifying subsidiaries was a member of a partnership or a party to a joint venture,
- (b) the trade by virtue of which the requirements of paragraph 3(3) above are satisfied was at that time being carried on, or to be carried on, by those partners in partnership or by the parties to the joint venture as such, and
- (c) the other partners or parties to the joint venture include at least one other company,
this paragraph shall have effect in relation to the relevant company as if the sum of money for the time being specified in sub-paragraph (2) above were to be divided by the number of companies (including the relevant company) which, at the time when the relevant holding was issued, were members of the partnership or, as the case may be, parties to the joint venture.
- (5) For the purposes of this paragraph the relevant period is the period beginning with whichever is the earlier of—
- (a) the time six months before the issue of the relevant holding; and
- (b) the beginning of the year of assessment in which the issue of that holding took place.
### Requirement as to the assets of the relevant company
##### 8
- (1) The requirement of this paragraph is that the value of the relevant assets—
- (a) did not exceed £7 million immediately before the issue of the relevant holding; and
- (b) did not exceed £8 million immediately afterwards.
- (2) Subject to sub-paragraph (3) below, the reference in sub-paragraph (1) above to the value of the relevant assets is a reference—
- (a) in relation to a time when the relevant company did not have any qualifying subsidiaries, to the value of the gross assets of that company at that time; and
- (b) in relation to any other time, to the aggregate value at that time of the gross assets of all the companies in the relevant company’s group.
- (3) For the purposes of this paragraph assets of any member of the relevant company’s group that consist in rights against, or in shares in or securities of, another member of the group shall be disregarded.
- (4) In this paragraph references, in relation to any time, to the relevant company’s group are references to the relevant company and its qualifying subsidiaries at that time.
### Requirements as to the subsidiaries etc. of the relevant company
##### 9
- (1) The requirements of this paragraph are that . . . the relevant company must not be—
- (a) a company which controls (whether on its own or together with any person connected with it) any company that is not a qualifying subsidiary of the relevant company; or
- (b) a company which is under the control of another company (or of another company and a person connected with the other company);
and arrangements must not be in existence by virtue of which the relevant company could fall within paragraph (a) or (b) above.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Meaning of “qualifying subsidiary”
##### 10
- (1) Subject to the following provisions of this paragraph, a company is a qualifying subsidiary of the relevant company for the purposes of this Schedule if—
- (a) the company in question (“the subsidiary”), and
- (b) where the relevant company has more than one subsidiary, every other subsidiary of the relevant company,
is a company falling within sub-paragraph (3) below.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) The subsidiary falls within this sub-paragraph if—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (1) Subject to paragraph 10C(15) above, in this Schedule—
- “*debenture*” has the meaning given by section 744 of the Companies Act 1985; and
- “*securities*” has the same meaning as in section 842AA;
and references in this Schedule to the issue of any securities, in relation to any security consisting in a liability in respect of an unsecured loan, shall have effect as references to the making of the loan.
- (2) For the purposes of paragraphs 5(2) and 9 above, the question whether a person controls a company shall be determined in accordance with subsections (2) to (6) of section 416 with the modification given by sub-paragraph (3) below.
- (3) The modification is that, in determining whether a person controls a company, there shall be disregarded—
- (a) his or any other person’s possession of, or entitlement to acquire, relevant fixed-rate preference shares of the company; and
- (b) his or any other person’s possession of, or entitlement to acquire, rights as a loan creditor of the company.
- (4) Section 839 shall apply for the purposes of this Schedule, but as if the reference in subsection (8) to section 416 were a reference to subsections (2) to (6) of section 416 with the modification given by sub-paragraph (3) above.
- (5) For the purposes of sub-paragraph (3) above—
- (a) relevant fixed-rate preference shares are fixed-rate preference shares that do not for the time being carry voting rights; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (ca) the subsidiary is a 51 per cent. subsidiary of the relevant company;
- (d) no person other than the relevant company or another of its subsidiaries has control of the subsidiary within the meaning of section 840; and
- (e) no arrangements are in existence by virtue of which either of the conditions in paragraphs (ca) and (d) above would cease to be met.
- (4) The subsidiary shall not be regarded, at a time when it or any other company is being wound up, as having ceased on that account to be a company falling within sub-paragraph (3) above if . . . —
- (a) . . . it would fall within that sub-paragraph apart from the winding up; and
- (b) . . . the winding up is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax.
- (4A) Sub-paragraph (4B) below applies at a time when the subsidiary or any other company is in administration or receivership.
- (4B) The subsidiary shall not be regarded, by reason only of anything done as a consequence of the company concerned being in administration or receivership, as having ceased to be a company falling within sub-paragraph (3) above if—
- (a) the entry into administration or receivership, and
- (b) everything done as a consequence of the company concerned being in administration or receivership,
is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which or one of the main purposes of which is the avoidance of tax.
- (4C) Sub-paragraph (2) of paragraph 11A below applies for the purposes of sub-paragraphs (4A) and (4B) above as it applies for the purpose of that paragraph.
- (5) The subsidiary shall not be regarded, at any time when arrangements are in existence for the disposal by the relevant company, or (as the case may be) by another subsidiary of that company, of all its interest in the subsidiary in question, as having ceased on that account to be a company falling within sub-paragraph (3) above if . . . the disposal is to be for bona fide commercial reasons and is not to be part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Requirement as to property managing subsidiaries
##### 10ZA
- (1) The requirement of this paragraph is that the relevant company must not have a property managing subsidiary which is not a relevant qualifying subsidiary of the relevant company.
- (2) “*Property managing subsidiary*” means a qualifying subsidiary of the relevant company whose business consists wholly or mainly in the holding or managing of land or any property deriving its value from land.
- (3) In sub-paragraph (2) above, “*land*” and “*property deriving its value from land*” have the same meaning as in section 776.
### Requirement that securities should not relate to a guaranteed loan
##### 10A
- (1) The requirement of this paragraph is that there are no securities relating to a guaranteed loan in the relevant holding.
- (2) For the purposes of this paragraph a security relates to a guaranteed loan if (and only if) there are arrangements for the trust company to be or become entitled, in the event of a failure by any person to comply with—
- (a) the terms of the loan to which the security relates, or
- (b) the terms of the security,
to receive anything (whether directly or indirectly) from a third party.
- (3) For the purposes of sub-paragraph (2) above it shall be immaterial whether the arrangements apply in all cases of a failure to comply or only in certain such cases.
- (4) For the purposes of this paragraph “*third party*” means any person except—
- (a) the relevant company; and
- (b) if the relevant company is the parent company of a trading group for the purposes of paragraph 3 above, the subsidiaries of the relevant company.
### Requirement that a proportion of the holding in each company must be eligible shares
##### 10B
- (1) The requirement of this paragraph is that eligible shares represent at least 10 per cent. by value of the totality of the shares in or securities of the relevant company (including the relevant holding) which are held by the trust company.
- (2) For the purposes of this paragraph the value at any time of any shares in or securities of a company shall be taken (subject to sub-paragraph (4) below) to be their value immediately after—
- (a) any relevant event occurring at that time; or
- (b) where no relevant event occurs at that time, the last relevant event to occur before that time.
- (3) In sub-paragraph (2) above “*relevant event*”, in relation to any shares in or securities of the relevant company, means—
- (a) the acquisition by the trust company of those shares or securities;
- (b) the acquisition by the trust company of any other shares in or securities of the relevant company which—
- (i) are of the same description as those shares or securities, and
- (ii) are acquired otherwise than by virtue of being allotted to the trust company without that company’s becoming liable to give any consideration;
or
- (c) the making of any such payment in discharge, in whole or in part, of any obligation attached to any shares in or securities of the relevant company held by the trust company as (by discharging that obligation) increases the value of any such shares or securities.
- (4) If at any time the value of any shares or securities held by the trust company is less than the amount of the consideration given by the trust company for those shares or securities, it shall be assumed for the purposes of this paragraph that the value of those shares or securities at that time is equal to the amount of that consideration.
- (5) In this paragraph “*eligible shares*” has the same meaning as in section 842AA.
### Acquisitions for restructuring purposes
##### 10C
- (1) This paragraph applies where—
- (a) arrangements are made for a company (“*the new company*”) to acquire all the shares (“*old shares*”) in another company (“*the old company*”);
- (b) the acquisition provided for by the arrangements falls within sub-paragraph (2) below; and
- (c) the Board have, before any exchange of shares takes place under the arrangements, given an approval notification.
- (2) An acquisition of shares falls within this sub-paragraph if—
- (a) the consideration for the old shares consists wholly of the issue of shares (“*new shares*”) in the new company;
- (b) new shares are issued in consideration of old shares only at times when there are no issued shares in the new company other than subscriber shares and new shares previously issued in consideration of old shares;
- (c) the consideration for new shares of each description consists wholly of old shares of the corresponding description; and
- (d) new shares of each description are issued to the holders of old shares of the corresponding description in respect of, and in proportion to, their holdings.
- (3) For the purposes of sub-paragraph (1)(c) above an approval notification is one which, on an application by either the old company or the new company, is given to the applicant company and states that the Board are satisfied that the exchange of shares under the arrangements—
- (a) will be effected for bona fide commercial reasons; and
- (b) will not form part of any such scheme or arrangements as are mentioned in section 137(1) of the 1992 Act.
- (4) If the requirements of paragraph 3 above were satisfied in relation to the old company and any old shares immediately before the beginning of the period for giving effect to the arrangements, then (to the extent that it would not otherwise be the case) those requirements shall be deemed to be satisfied in relation to the new company and the matching new shares at all times which—
- (a) fall in that period; and
- (b) do not fall after a time when (apart from the arrangements) those requirements would have ceased by virtue of—
- (i) sub-paragraph (4) or (5) of that paragraph, or
- (ii) any cessation of a trade by any company,
to be satisfied in relation to the old company and the matching old shares.
- (5) For the purposes of paragraph 3 above the period of two years mentioned in sub-paragraph (4) of that paragraph shall be deemed, in the case of any new shares, to expire at the same time as it would have expired (or by virtue of this sub-paragraph would have been deemed to expire) in the case of the matching old shares.
- (6) Subject to sub-paragraph (7) below, where—
- (a) there is an exchange under the arrangements of any new shares for any old shares, and
- (b) those old shares are shares in relation to which the requirements of paragraphs 6 and 8 above were (or were deemed to be) satisfied to any extent immediately before the exchange,
those requirements shall be deemed, at all times after that time, to be satisfied to the same extent in relation to the matching new shares.
- (7) Where there is a time following any exchange under the arrangements of any new shares for any old shares when (apart from the arrangements) the requirements of paragraph 6 above would have ceased under—
- (a) sub-paragraph (2) of that paragraph, or
- (b) this sub-paragraph,
to be satisfied in relation to those old shares, those requirements shall cease at that time to be satisfied in relation to the matching new shares.
- (8) For the purposes of paragraph 7 above any new shares acquired under the arrangements shall be deemed to represent an investment which—
- (a) raised the same amount of money as was raised (or, by virtue of this sub-paragraph, is deemed to have been raised) by the issue of the matching old shares, and
- (b) raised that amount by an issue of shares in the new company made at the time when the issue of the matching old shares took place (or, as the case may be, is deemed to have taken place).
- (9) In determining whether the requirements of paragraph 9 above are satisfied in relation to the old company or the new company at a time in the period for giving effect to the arrangements, both—
- (a) the arrangements themselves, and
- (b) any exchange of new shares for old shares that has already taken place under the arrangements,
shall be disregarded.
- (10) For the purposes of paragraph 10B above the value of the new shares, both immediately after the time of their acquisition and immediately after the time of any subsequent relevant event occurring by virtue of the arrangements, shall be taken to be the same as the value, when last valued in accordance with that paragraph, of the old shares for which they are exchanged.
- (11) Nothing in this paragraph shall deem any of the requirements of this Schedule to be satisfied in relation to any new shares unless the matching old shares were first issued to the trust company and have been held by that company from the time when they were issued until they are acquired by the new company.
- (12) References in this paragraph to the period for giving effect to the arrangements are references to the period which—
- (a) begins with the time when those arrangements first came into existence; and
- (b) ends with the time when the new company completes its acquisition under the arrangements of all the old shares.
- (13) If, at any time after the arrangements first came into existence and before the new company has acquired all the old shares, the arrangements—
- (a) cease to be arrangements for the acquisition of all the old shares by the new company, or
- (b) cease to be arrangements for an acquisition falling within sub-paragraph (2) above,
this paragraph shall not deem any requirement of this Schedule to be satisfied, and sub-paragraph (10) above shall not apply, in the case of any new shares at any time after the arrangements have so ceased.
- (14) Subject to sub-paragraph (15) below, references in this paragraph, except in the expression “subscriber shares”, to shares in a company include references to any securities of that company.
- (15) For the purposes of this paragraph, a relevant security of the old company shall not be treated as a security of that company if—
- (a) the arrangements do not provide for the acquisition of the security by the new company; or
- (b) such treatment prevents sub-paragraph (1)(b) above from being satisfied in connection with the arrangements.
- (16) In sub-paragraph (15) above “*relevant security*” means an instrument which is a security for the purposes of this Schedule by reason only of section 842AA(12).
- (17) For the purposes of this paragraph—
- (a) old shares and new shares are of a corresponding description if, were they shares in the same company, they would be of the same description; and
- (b) old shares and new shares are matching shares in relation to each other if the old shares are the shares for which those new shares are exchanged under the arrangements.
### Conversion of convertible shares and securities
##### 10D
- (1) This paragraph applies where—
- (a) shares have been issued to the trust company by virtue of the exercise by that company of any right of conversion attached to other shares, or securities, held by that company (“*the convertibles*”);
- (b) the shares so issued are in the same company as the convertibles to which the right was attached;
- (c) the convertibles to which the right was attached were first issued to the trust company and were held by that company from the time they were issued until converted; and
- (d) the right was attached to the convertibles when they were first so issued and was not varied before it was exercised.
- (2) Sub-paragraphs (5) to (8) of paragraph 10C above shall apply in relation to the exchange of convertibles for shares by virtue of the exercise of the right of conversion as if—
- (a) that exchange were an exchange under any such arrangements as are mentioned in that paragraph of new shares for old shares; and
- (b) the references in those sub-paragraphs and sub-paragraph (17)(b) of that paragraph to the arrangements were references to the provision conferring the right of conversion.
- (3) For the purposes of paragraph 10B above the value of the new shares immediately after the time of their acquisition by the trust company shall be taken to be the same as the value, when last valued in accordance with that paragraph, of the convertibles for which they are exchanged.
### Winding up of the relevant company
##### 11
None of the requirements of this Schedule shall be regarded, at a time when the relevant company is being wound up, as being, on that account, a requirement that is not satisfied in relation to that company if . . . —
- (a) . . . the requirements of this Schedule would be satisfied in relation to that company apart from the winding up; and
- (b) . . . the winding up is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose of which, or one of the main purposes of which, is the avoidance of tax.
### Company in administration or receivership
##### 11A
- (1) A company which is in administration or receivership shall not be regarded as ceasing to comply with paragraph 3(2) or (3) by reason only of anything done as a consequence of its being in administration or receivership.
- (2) For this purpose—
- (a) a company is “in administration” if it is in administration within the meaning of Schedule B1 to the Insolvency Act 1986, or there is in force in relation to it—
- (i) an administration order under Part III of the Insolvency (Northern Ireland) Order 1989, or
- (ii) any corresponding order under the law of a country or territory outside the United Kingdom; and
- (b) a company is “in receivership" if there is in force in relation to it—
- (i) an order for the appointment of an administrative receiver, a receiver and manager or a receiver under Chapter I or II of Part III of the Insolvency Act 1986 or Part IV of the Insolvency (Northern Ireland) Order 1989, or
- (ii) any corresponding order under the law of a country or territory outside the United Kingdom.
- (3) This paragraph applies only if—
- (a) the entry into administration or receivership, and
- (b) everything done as a consequence of the company being in administration or receivership,
is for bona fide commercial reasons and is not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.
### Company reorganisations etc. involving exchange of shares
##### 11B
- (1) The Treasury may by regulations make provision for cases where—
- (a) a holding of shares or securities that meets the requirements of this Schedule is exchanged for other shares or securities,
- (b) the exchange is made for bona fide commercial reasons and does not form part of a scheme or arrangements of which the main purpose, or one of the main purposes, is the avoidance of tax, and
- (c) the new shares or securities do not meet some or all of the requirements of this Schedule,
providing that the new shares or securities shall be treated as meeting those requirements.
- (2) The references in sub-paragraph (1) to an exchange of shares or securities include any form of company reorganisation or other arrangement which involves a holder of shares or securities in a company receiving other shares or securities—
- (a) whether the original shares or securities are transferred, cancelled or retained, and
- (b) whether the new shares or securities are in the same or another company.
- (3) The regulations shall specify—
- (a) the cases in which, and conditions subject to which, they apply,
- (b) which requirements of this Schedule are to be treated as met, and
- (c) the period for which those requirements are to be treated as met.
- (4) The regulations may contain such administrative provisions (including provision for advance clearances) as appear to the Treasury to be necessary or expedient.
- (5) The regulations may authorise the Board to give notice to any person requiring him to provide such information, specified in the notice, as they may reasonably require in order to determine whether any conditions imposed by the regulations are met.
- (6) Regulations under this paragraph—
- (a) may make different provision for different cases,
- (b) may include such supplementary, incidental and transitional provisions as appear to the Treasury to be appropriate, and
- (c) may include provision having retrospective effect.
### Power to amend Schedule
##### 12
The Treasury may by order amend this Schedule for any or all of the following purposes, that is to say—
- (a) to make such modifications of paragraphs 3 to 5 above as they may consider expedient;
- (b) to substitute different sums for the sums of money for the time being specified in paragraphs 7(2) and 8(1) above.
### General interpretation
##### 13
- (1) Subject to paragraph 10C(15) above, in this Schedule—
- “*debenture*” has the meaning given by section 744 of the Companies Act 1985; and
- “*securities*” has the same meaning as in section 842AA;
and references in this Schedule to the issue of any securities, in relation to any security consisting in a liability in respect of an unsecured loan, shall have effect as references to the making of the loan.
- (2) For the purposes of paragraphs 5(2) and 9 above, the question whether a person controls a company shall be determined in accordance with subsections (2) to (6) of section 416 with the modification given by sub-paragraph (3) below.
- (3) The modification is that, in determining whether a person controls a company, there shall be disregarded—
- (a) his or any other person’s possession of, or entitlement to acquire, relevant fixed-rate preference shares of the company; and
- (b) his or any other person’s possession of, or entitlement to acquire, rights as a loan creditor of the company.
- (4) Section 839 shall apply for the purposes of this Schedule, but as if the reference in subsection (8) to section 416 were a reference to subsections (2) to (6) of section 416 with the modification given by sub-paragraph (3) above.
- (5) For the purposes of sub-paragraph (3) above—
- (a) relevant fixed-rate preference shares are fixed-rate preference shares that do not for the time being carry voting rights; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In this paragraph “*fixed-rate preference shares*” means shares which—
- (a) were issued wholly for new consideration;
@@ -47391,24 +44115,44 @@
[^c21825991]: [S. 1B](https://www.legislation.gov.uk/ukpga/1988/1/section/1B) inserted (with effect in accordance with [s. 31(6)](https://www.legislation.gov.uk/ukpga/1997/58/section/31/6) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 31(5)](https://www.legislation.gov.uk/ukpga/1997/58/section/31/5)
[^c23347481]: [S. 6(1)-(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/6/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 2(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/2/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23333851]: [S. 6(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/6/4A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 6](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/6) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23347541]: [S. 6(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/6/4A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 2(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/2/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23347561]: [S. 8](https://www.legislation.gov.uk/ukpga/1988/1/section/8) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 3](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21568351]: [S. 8A](https://www.legislation.gov.uk/ukpga/1988/1/section/8A) inserted (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 206(2)](https://www.legislation.gov.uk/ukpga/1993/34/section/206/2)
[^c21856731]: [S. 8A](https://www.legislation.gov.uk/ukpga/1988/1/section/8A) repealed (29.4.1996) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [ss. 138](https://www.legislation.gov.uk/ukpga/1996/8/section/138), [205](https://www.legislation.gov.uk/ukpga/1996/8/section/205), [Sch. 24 para. 10](https://www.legislation.gov.uk/ukpga/1996/8/schedule/24/paragraph/10), [Sch. 41](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41)
[^c23333181]: [S. 9](https://www.legislation.gov.uk/ukpga/1988/1/section/9) restricted (24.3.2005) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [ss. 881](https://www.legislation.gov.uk/ukpga/2005/5/section/881), [883(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23347581]: [S. 9(1)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 4(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/4/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23333911]: [S. 9(2A)-(2C)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/2A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 7(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/7/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23347661]: Words in [s. 9(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/5) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 4(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/4/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23347681]: [S. 9(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/6) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 4(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/4/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21797811]: [S. 10](https://www.legislation.gov.uk/ukpga/1988/1/section/10) repealed (with effect in accordance with [s. 199(2)](https://www.legislation.gov.uk/ukpga/1994/9/section/199/2) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 258](https://www.legislation.gov.uk/ukpga/1994/9/section/258), [Sch. 26 Part 5(23)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/26/part/5/23), Note 4; [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
[^c23332881]: [S. 11(1)-(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/11/1) substituted for s. 11(1)(2) (with effect in accordance with [s. 149(6)](https://www.legislation.gov.uk/ukpga/2003/14/section/149/6) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 149(1)](https://www.legislation.gov.uk/ukpga/2003/14/section/149/1)
[^c23347701]: [S. 11(1)-(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/11/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 5](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23347741]: [S. 11AA](https://www.legislation.gov.uk/ukpga/1988/1/section/11AA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 6](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/6), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23347761]: [S. 12(1)-(7ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 7](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/7), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21797551]: [S. 12(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/5A) inserted (with effect as mentioned in [Sch. 4 para. 11(4)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/4/paragraph/11/4) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 24 para. 11(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/24/paragraph/11/3)
[^c23332941]: [S. 12(5B)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/5B) inserted (with effect in accordance with [Sch. 41 para. 5(1)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/5/1) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 41 para. 1(3)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/1/3)
[^c23347871]: [S. 12(1)-(7ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/1) repealed (with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 7](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/7), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pt. 12](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/12))
[^c23332981]: [S. 12(7ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/7ZA) inserted (with effect in accordance with [Sch. 41 para. 5(1)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/5/1) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 41 para. 1(5)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/1/5)
[^c21568561]: [S. 12(7A)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/7A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s.48](https://www.legislation.gov.uk/ukpga/1990/29/section/48), [Sch.9 para.3](https://www.legislation.gov.uk/ukpga/1990/29/schedule/9/paragraph/3) (in relation to transfers of business on or after 1.11.1990)
@@ -47427,6 +44171,8 @@
[^c23334401]: [S. 12(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/9) inserted (with effect in accordance with [Sch. 10 para. 2](https://www.legislation.gov.uk/ukpga/2006/25/schedule/10/paragraph/2) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 10 para. 43(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/10/paragraph/43/2)
[^c23347881]: [S. 12(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/9) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 7](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/7), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23332901]: [S. 11AA](https://www.legislation.gov.uk/ukpga/1988/1/section/11AA) inserted (with effect in accordance with [s. 149(6)](https://www.legislation.gov.uk/ukpga/2003/14/section/149/6) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 149(2)](https://www.legislation.gov.uk/ukpga/2003/14/section/149/2)
[^c23334461]: [S. 13AA](https://www.legislation.gov.uk/ukpga/1988/1/section/13AA) repealed (with effect in accordance with s. 26(8)-(11) of the repealing Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 26(1)](https://www.legislation.gov.uk/ukpga/2006/25/section/26/1), [Sch. 26 Pt. 3(1)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/3/1), Note
@@ -47441,10 +44187,14 @@
[^c23333081]: [S. 13AB](https://www.legislation.gov.uk/ukpga/1988/1/section/13AB) inserted (with effect in accordance with [s. 28(4)(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/28/4/5) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 28(1)(6)](https://www.legislation.gov.uk/ukpga/2004/12/section/28/1/6)
[^c23347901]: [S. 15](https://www.legislation.gov.uk/ukpga/1988/1/section/15) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 8](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/8), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21569071]: [S. 16](https://www.legislation.gov.uk/ukpga/1988/1/section/16) repealed (with effect from 6.4.1988) by [Finance Act 1988 (c. 39)](https://www.legislation.gov.uk/ukpga/1988/39) s.148, Sch.14 Pt. V
[^c22720791]: [S. 17](https://www.legislation.gov.uk/ukpga/1988/1/section/17) repealed (with effect in accordance with Sch. 7 para. 32 and Sch. 41 Pt. 5(2) Note of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [ss. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [205](https://www.legislation.gov.uk/ukpga/1996/8/section/205), [Sch. 7 para. 3](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/3), [Sch. 41 Pt. V(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/V/2), Note (with Sch. 7 paras. 33-35)
[^c23347921]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 9](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/9), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23332861]: [S. 19](https://www.legislation.gov.uk/ukpga/1988/1/section/19) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 6](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/6), [Sch 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23334161]: [S. 20](https://www.legislation.gov.uk/ukpga/1988/1/section/20) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 10](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/10), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -47453,6 +44203,12 @@
[^c23348301]: [S. 21](https://www.legislation.gov.uk/ukpga/1988/1/section/21) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 11](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/11), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23351811]: [S. 21A](https://www.legislation.gov.uk/ukpga/1988/1/section/21A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/10), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23351781]: [S. 21B](https://www.legislation.gov.uk/ukpga/1988/1/section/21B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 11](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/11), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23351801]: [S. 21C](https://www.legislation.gov.uk/ukpga/1988/1/section/21C) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 12](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/12), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21821321]: [S. 22](https://www.legislation.gov.uk/ukpga/1988/1/section/22) repealed (with effect in accordance with s. 39(4)(5) and Sch. 29 Pt. 8(1) Note of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [ss. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [162](https://www.legislation.gov.uk/ukpga/1995/4/section/162), [Sch. 6 para. 3](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/3), [Sch. 29 Pt. 8(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/1), Note
[^c21821331]: [S. 23](https://www.legislation.gov.uk/ukpga/1988/1/section/23) repealed (with effect in accordance with s. 39(4)(5) and Sch. 29 Pt. 8(1) Note of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [ss. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [162](https://www.legislation.gov.uk/ukpga/1995/4/section/162), [Sch. 6 para. 3](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/3), [Sch. 29 Pt. 8(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/1), Note
@@ -47471,8 +44227,16 @@
[^c21802421]: [S. 29](https://www.legislation.gov.uk/ukpga/1988/1/section/29) ceased to have effect except for specified purposes (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by virtue of [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 4(b)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/4/b); and s. 29 repealed (with effect as mentioned in s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [ss. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 5 para. 10](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/10), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note (with Sch. 5 paras. 65, 73)
[^c23351821]: [S. 30](https://www.legislation.gov.uk/ukpga/1988/1/section/30) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 14](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/14), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21802561]: [S. 31](https://www.legislation.gov.uk/ukpga/1988/1/section/31) ceased to have effect except for specified purposes (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by virtue of [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 4(c)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/4/c); and s. 31 repealed (with effect as mentioned in s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [ss. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 5 para. 12](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/12), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note (with Sch. 5 paras. 65, 68, 73)
[^c23351841]: [Ss. 31ZA-31ZC](https://www.legislation.gov.uk/ukpga/1988/1/section/31ZA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 15](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/15), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23351851]: [Ss. 31ZA-31ZC](https://www.legislation.gov.uk/ukpga/1988/1/section/31ZA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 15](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/15), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23351861]: [Ss. 31ZA-31ZC](https://www.legislation.gov.uk/ukpga/1988/1/section/31ZA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 15](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/15), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23348321]: [S. 31A](https://www.legislation.gov.uk/ukpga/1988/1/section/31A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/16), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23348341]: [S. 31B](https://www.legislation.gov.uk/ukpga/1988/1/section/31B) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/16), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -47497,14 +44261,32 @@
[^c21794741]: [S. 34](https://www.legislation.gov.uk/ukpga/1988/1/section/34) sidenote substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 15(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/15/2), (with Sch. 5 para. 73)
[^c23351871]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c21797751]: [S. 35](https://www.legislation.gov.uk/ukpga/1988/1/section/35): word in sidenote substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 16(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/16/2) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23351891]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c21805391]: [S. 36](https://www.legislation.gov.uk/ukpga/1988/1/section/36): word in sidenote substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 17(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/17/2) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23351901]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c23351911]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c23351921]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c23351931]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c23351941]: [Ss. 34-39](https://www.legislation.gov.uk/ukpga/1988/1/section/34) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/16), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 paras. 1-10](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/1), [39-41](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/39))
[^c23350011]: [S. 37A](https://www.legislation.gov.uk/ukpga/1988/1/section/37A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 21](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/21) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23351951]: [S. 40](https://www.legislation.gov.uk/ukpga/1988/1/section/40) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 17](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/17), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21812971]: [S. 41](https://www.legislation.gov.uk/ukpga/1988/1/section/41) ceased to have effect except for specified purposes (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by virtue of [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 4(g)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/4/g); and s. 41 repealed (with effect as mentioned in s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [ss. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 5 para. 21](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/21), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note (with Sch. 5 paras. 65, 73)
[^c23352121]: [S. 42](https://www.legislation.gov.uk/ukpga/1988/1/section/42): words in sidenote omitted (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by virtue of [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 18(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/18/3)
[^c23350231]: [S. 42](https://www.legislation.gov.uk/ukpga/1988/1/section/42): words in sidenote inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 24(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/24/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23351681]: [S. 42A](https://www.legislation.gov.uk/ukpga/1988/1/section/42A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 7](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/7), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -47537,6 +44319,8 @@
[^c21820341]: [S. 45](https://www.legislation.gov.uk/ukpga/1988/1/section/45) repealed (with effect in accordance with Sch. 7 para. 32 and Sch. 41 Pt. 5(2) Note of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [ss. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [205](https://www.legislation.gov.uk/ukpga/1996/8/section/205), [Sch. 7 para. 8](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/8), [Sch. 41 Pt. 5(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/2) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
[^c23354441]: [S. 46](https://www.legislation.gov.uk/ukpga/1988/1/section/46) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1), [Sch. 1 para. 19](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/19), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21820351]: [S. 47](https://www.legislation.gov.uk/ukpga/1988/1/section/47) repealed (with effect in accordance with s. 154(9) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [ss. 154(7)](https://www.legislation.gov.uk/ukpga/1996/8/section/154/7), [205](https://www.legislation.gov.uk/ukpga/1996/8/section/205), [Sch. 28 para. 1](https://www.legislation.gov.uk/ukpga/1996/8/schedule/28/paragraph/1), [Sch. 41 Pt. 5(18)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/18), Note (with s. 154(2)-(6))
[^c21820361]: [S. 48](https://www.legislation.gov.uk/ukpga/1988/1/section/48) repealed (with effect in accordance with Sch. 7 para. 32 and Sch. 41 Pt. 5(2) Note of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [ss. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [205](https://www.legislation.gov.uk/ukpga/1996/8/section/205), [Sch. 7 para. 9](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/9), [Sch. 41 Pt. 5(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/2) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
@@ -47569,8 +44353,12 @@
[^c21858881]: [Pt. 3](https://www.legislation.gov.uk/ukpga/1988/1/part/3) heading substituted (with effect in accordance with [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1988/1/schedule/7/paragraph/32) of the amending Act) by Finance Act 1996, s. 79, Sch. 7 para. 6 (with Sch. 7 paras. 33-35)
[^c23388891]: [S. 53](https://www.legislation.gov.uk/ukpga/1988/1/section/53) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 20](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/20), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21570721]: [S. 54](https://www.legislation.gov.uk/ukpga/1988/1/section/54) repealed (15.3.1988) by [Finance Act 1988 (c. 39)](https://www.legislation.gov.uk/ukpga/1988/39), [Sch. 14 Pt. 5](https://www.legislation.gov.uk/ukpga/1988/39/schedule/14/part/5), Note 2
[^c23388911]: [S. 55](https://www.legislation.gov.uk/ukpga/1988/1/section/55) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 21](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/21), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21570891]: SOURCE-1973 s. 26(1)
[^c21570901]: SOURCE-1974 s. 30(1)
@@ -47581,6 +44369,8 @@
[^c23358071]: Word in [s. 56(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 34(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/34/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23390201]: Words in [s. 56(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 22(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/22/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21570931]: SOURCE-1973 s. 26(1)(a)(b); 1975 (No. 2) s. 50(1)
[^c23358131]: Words in [s. 56(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 34(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/34/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -47597,6 +44387,8 @@
[^c21833011]: [S. 56(4A)(4B)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/4A/4B) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 104](https://www.legislation.gov.uk/ukpga/1996/8/section/104), [Sch. 14 para. 6](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/6) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c23390241]: Words in [s. 56(4B)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/4B) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 22(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/22/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21570961]: SOURCE-1973 s. 26(4); 1974 s. 30(2), (1); 1968 s. 55(3); 1979(C) Sch. 7
[^c21570971]: Words in [s. 56(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/5) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 10 para. 14(3)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/3) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)).
@@ -47649,12 +44441,26 @@
[^c23358421]: [S. 69](https://www.legislation.gov.uk/ukpga/1988/1/section/69) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 42](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/42), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23388921]: [S. 70](https://www.legislation.gov.uk/ukpga/1988/1/section/70) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 23](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/23), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23388941]: [S. 70A](https://www.legislation.gov.uk/ukpga/1988/1/section/70A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 24](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/24), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21853521]: [S. 70A](https://www.legislation.gov.uk/ukpga/1988/1/section/70A) inserted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 25](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/25) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23358431]: [S. 71](https://www.legislation.gov.uk/ukpga/1988/1/section/71) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 43](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/43), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23388951]: [S. 72](https://www.legislation.gov.uk/ukpga/1988/1/section/72) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 25](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/25), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21827631]: [S. 73](https://www.legislation.gov.uk/ukpga/1988/1/section/73) repealed (with effect in accordance with s. 103(7) of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [ss. 115(09)](https://www.legislation.gov.uk/ukpga/1995/4/section/115/09), [162](https://www.legislation.gov.uk/ukpga/1995/4/section/162), [Sch. 29 Pt. 8(14)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/14), Note 2
[^c23388971]: [S. 74](https://www.legislation.gov.uk/ukpga/1988/1/section/74) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 26](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/26), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23388991]: [S. 75](https://www.legislation.gov.uk/ukpga/1988/1/section/75) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 27](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/27), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389001]: [S. 75A](https://www.legislation.gov.uk/ukpga/1988/1/section/75A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 28](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/28), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389011]: [S. 75B](https://www.legislation.gov.uk/ukpga/1988/1/section/75B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 29](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/29), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23356451]: [S. 75A](https://www.legislation.gov.uk/ukpga/1988/1/section/75A) inserted (with effect in accordance with ss. 42, 43 of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 39](https://www.legislation.gov.uk/ukpga/2004/12/section/39)
[^c23356471]: [S. 75B](https://www.legislation.gov.uk/ukpga/1988/1/section/75B) inserted (22.7.2004) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 45(1)](https://www.legislation.gov.uk/ukpga/2004/12/section/45/1) (with [s. 45(2)(3)](https://www.legislation.gov.uk/ukpga/2004/12/section/45/2/3))
@@ -47673,20 +44479,144 @@
[^c23393831]: [S. 76ZM](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZM) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 43](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/43) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23415091]: [Ss. 76A](https://www.legislation.gov.uk/ukpga/1988/1/section/76A), [76B](https://www.legislation.gov.uk/ukpga/1988/1/section/76B) inserted (1.12.2001) by [Financial Services and Markets Act 2000 (c. 8)](https://www.legislation.gov.uk/ukpga/2000/8), [ss. 411(2)](https://www.legislation.gov.uk/ukpga/2000/8/section/411/2), [431(2)](https://www.legislation.gov.uk/ukpga/2000/8/section/431/2); [S.I. 2001/3538](https://www.legislation.gov.uk/uksi/2001/3538), [art. 2(1)](https://www.legislation.gov.uk/uksi/2001/3538/article/2/1)
[^c23392261]: [S. 76A](https://www.legislation.gov.uk/ukpga/1988/1/section/76A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 46](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/46), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23415101]: [Ss. 76A](https://www.legislation.gov.uk/ukpga/1988/1/section/76A), [76B](https://www.legislation.gov.uk/ukpga/1988/1/section/76B) inserted (1.12.2001) by [Financial Services and Markets Act 2000 (c. 8)](https://www.legislation.gov.uk/ukpga/2000/8), [ss. 411(2)](https://www.legislation.gov.uk/ukpga/2000/8/section/411/2), [431(2)](https://www.legislation.gov.uk/ukpga/2000/8/section/431/2); [S.I. 2001/3538](https://www.legislation.gov.uk/uksi/2001/3538), [art. 2(1)](https://www.legislation.gov.uk/uksi/2001/3538/article/2/1)
[^c23392271]: [S. 76B](https://www.legislation.gov.uk/ukpga/1988/1/section/76B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 47](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/47), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392281]: [S. 77](https://www.legislation.gov.uk/ukpga/1988/1/section/77) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 47](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/47), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23392291]: [S. 78](https://www.legislation.gov.uk/ukpga/1988/1/section/78) repealed with saving (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 10](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/10), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23392301]: [S. 79](https://www.legislation.gov.uk/ukpga/1988/1/section/79) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 48](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/48), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416141]: [S. 79A](https://www.legislation.gov.uk/ukpga/1988/1/section/79A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s.76](https://www.legislation.gov.uk/ukpga/1990/29/section/76)
[^c23392311]: [S. 79A](https://www.legislation.gov.uk/ukpga/1988/1/section/79A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 49](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/49), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416151]: [S. 79B](https://www.legislation.gov.uk/ukpga/1988/1/section/79B) inserted (10.7.2003) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 180(1)](https://www.legislation.gov.uk/ukpga/2003/14/section/180/1)
[^c23392321]: [S. 79B](https://www.legislation.gov.uk/ukpga/1988/1/section/79B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 50](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/50), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392331]: [S. 80](https://www.legislation.gov.uk/ukpga/1988/1/section/80) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 51](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/51), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23392341]: [S. 81](https://www.legislation.gov.uk/ukpga/1988/1/section/81) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 52](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/52), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23392351]: [S. 82](https://www.legislation.gov.uk/ukpga/1988/1/section/82) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 53](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/53), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23416161]: [Ss. 82A](https://www.legislation.gov.uk/ukpga/1988/1/section/82A), [82B](https://www.legislation.gov.uk/ukpga/1988/1/section/82B) inserted (with effect in accordance with [s. 68(2)](https://www.legislation.gov.uk/ukpga/2000/17/section/68/2) of the amending Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 19 para. 5(1)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/19/paragraph/5/1) (with [Sch. 19 para. 5(2)(3)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/19/paragraph/5/2/3))
[^c23392361]: [S. 82A](https://www.legislation.gov.uk/ukpga/1988/1/section/82A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 51](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/51), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416171]: [Ss. 82A](https://www.legislation.gov.uk/ukpga/1988/1/section/82A), [82B](https://www.legislation.gov.uk/ukpga/1988/1/section/82B) inserted (with effect in accordance with [s. 68(2)](https://www.legislation.gov.uk/ukpga/2000/17/section/68/2) of the amending Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 19 para. 5(1)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/19/paragraph/5/1) (with [Sch. 19 para. 5(2)(3)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/19/paragraph/5/2/3))
[^c23392371]: [S. 82B](https://www.legislation.gov.uk/ukpga/1988/1/section/82B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 52](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/52), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pt. 12](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/12))
[^c23392381]: [S. 83](https://www.legislation.gov.uk/ukpga/1988/1/section/83) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 53](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/53), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416181]: [S. 83A](https://www.legislation.gov.uk/ukpga/1988/1/section/83A) inserted (with effect in accordance with [s. 55(3)](https://www.legislation.gov.uk/ukpga/1999/16/section/55/3) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 55(1)](https://www.legislation.gov.uk/ukpga/1999/16/section/55/1)
[^c23392391]: [S. 83A](https://www.legislation.gov.uk/ukpga/1988/1/section/83A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 54](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/54), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392401]: [S. 84](https://www.legislation.gov.uk/ukpga/1988/1/section/84) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 55](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/55), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392411]: [S. 84A](https://www.legislation.gov.uk/ukpga/1988/1/section/84A) inserted by [Finance Act 1991 (c. 31)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 42](https://www.legislation.gov.uk/ukpga/1991/31/section/42)
[^c23392491]: [S. 85](https://www.legislation.gov.uk/ukpga/1988/1/section/85) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 57](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/57), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416191]: [S. 85A](https://www.legislation.gov.uk/ukpga/1988/1/section/85A) inserted by [Finance Act 1991 (c. 31)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 43](https://www.legislation.gov.uk/ukpga/1991/31/section/43)
[^c23392501]: [S. 85A](https://www.legislation.gov.uk/ukpga/1988/1/section/85A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 58](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/58), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416201]: [S. 85B](https://www.legislation.gov.uk/ukpga/1988/1/section/85B) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 12](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/12) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23392511]: [S. 85B](https://www.legislation.gov.uk/ukpga/1988/1/section/85B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 59](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/59), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392521]: [S. 86](https://www.legislation.gov.uk/ukpga/1988/1/section/86) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 60](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/60), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416211]: [S. 86A](https://www.legislation.gov.uk/ukpga/1988/1/section/86A) inserted (27.7.1993) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [s. 69](https://www.legislation.gov.uk/ukpga/1993/34/section/69)
[^c23392531]: [S. 86A](https://www.legislation.gov.uk/ukpga/1988/1/section/86A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 61](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/61), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392541]: [S. 87](https://www.legislation.gov.uk/ukpga/1988/1/section/87) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 62](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/62), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416221]: [S. 87A](https://www.legislation.gov.uk/ukpga/1988/1/section/87A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 63](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/63) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23392551]: [S. 87A](https://www.legislation.gov.uk/ukpga/1988/1/section/87A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 62](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/62), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392561]: [S. 88](https://www.legislation.gov.uk/ukpga/1988/1/section/88) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 63](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/63), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416231]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 74](https://www.legislation.gov.uk/ukpga/1990/29/section/74)
[^c23392571]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23416241]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 74](https://www.legislation.gov.uk/ukpga/1990/29/section/74)
[^c23392581]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23416251]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 74](https://www.legislation.gov.uk/ukpga/1990/29/section/74)
[^c23392591]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23416261]: [S. 88D](https://www.legislation.gov.uk/ukpga/1988/1/section/88D) inserted (with effect in accordance with [s. 80(3)(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/3/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 2](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/2)
[^c23392601]: [S. 88D](https://www.legislation.gov.uk/ukpga/1988/1/section/88D) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 64](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/64), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392611]: [S. 89](https://www.legislation.gov.uk/ukpga/1988/1/section/89) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 65](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/65), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392621]: [S. 90](https://www.legislation.gov.uk/ukpga/1988/1/section/90) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 66](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/66), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392631]: [S. 91](https://www.legislation.gov.uk/ukpga/1988/1/section/91) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 67](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/67), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416271]: [Ss. 91A](https://www.legislation.gov.uk/ukpga/1988/1/section/91A), [91B](https://www.legislation.gov.uk/ukpga/1988/1/section/91B) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 78](https://www.legislation.gov.uk/ukpga/1990/29/section/78)
[^c23392641]: [S. 91A](https://www.legislation.gov.uk/ukpga/1988/1/section/91A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 68](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/68), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416281]: [Ss. 91A](https://www.legislation.gov.uk/ukpga/1988/1/section/91A), [91B](https://www.legislation.gov.uk/ukpga/1988/1/section/91B) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 78](https://www.legislation.gov.uk/ukpga/1990/29/section/78)
[^c23392651]: [S. 91B](https://www.legislation.gov.uk/ukpga/1988/1/section/91B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 69](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/69), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416291]: [S. 91BA](https://www.legislation.gov.uk/ukpga/1988/1/section/91BA) inserted (28.7.2000) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 89](https://www.legislation.gov.uk/ukpga/2000/17/section/89)
[^c23392661]: [S. 91BA](https://www.legislation.gov.uk/ukpga/1988/1/section/91BA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 69](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/69), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23416301]: [S. 91C](https://www.legislation.gov.uk/ukpga/1988/1/section/91C) inserted (with application in accordance with [s. 66(3)(4)](https://www.legislation.gov.uk/ukpga/1997/16/section/66/3/4) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 66(1)](https://www.legislation.gov.uk/ukpga/1997/16/section/66/1)
[^c23392671]: [S. 91C](https://www.legislation.gov.uk/ukpga/1988/1/section/91C) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 70](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/70), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23418101]: [S. 76ZN](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZN) and cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 44](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/44) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23404441]: [S. 76ZO](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZO) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 45](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/45) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389281]: [S. 92](https://www.legislation.gov.uk/ukpga/1988/1/section/92) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 71](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/71), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389301]: [S. 93](https://www.legislation.gov.uk/ukpga/1988/1/section/93) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 72](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/72), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389311]: [S. 94](https://www.legislation.gov.uk/ukpga/1988/1/section/94) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 73](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/73), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21848981]: [S. 95](https://www.legislation.gov.uk/ukpga/1988/1/section/95) sidenote substituted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(9)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/9)
[^c23389341]: [S. 95](https://www.legislation.gov.uk/ukpga/1988/1/section/95) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 74](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/74), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23394001]: Words in [s. 95ZA(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/95ZA/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 75](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/75) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23385091]: [S. 95ZA](https://www.legislation.gov.uk/ukpga/1988/1/section/95ZA) inserted (with effect in accordance with [Sch. 17 para. 16(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/16/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 16(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/16/1)
[^c23358691]: [S. 95A](https://www.legislation.gov.uk/ukpga/1988/1/section/95A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 75](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/75), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358711]: [S. 96](https://www.legislation.gov.uk/ukpga/1988/1/section/96) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 76](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/76), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23389351]: [S. 97](https://www.legislation.gov.uk/ukpga/1988/1/section/97) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 76](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/76), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21853681]: [S. 98](https://www.legislation.gov.uk/ukpga/1988/1/section/98) substituted (17.3.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 41(1)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/41/1/3) (with [s. 41(4)-(7)](https://www.legislation.gov.uk/ukpga/1998/36/section/41/4))
[^c23389371]: [S. 98](https://www.legislation.gov.uk/ukpga/1988/1/section/98) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 77](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/77), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389381]: [S. 99](https://www.legislation.gov.uk/ukpga/1988/1/section/99) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 78](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/78), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21860731]: [S. 95A](https://www.legislation.gov.uk/ukpga/1988/1/section/95A) inserted (11.5.2001) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 71(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/71/1)
[^c23393581]: [S. 76ZA](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZA) and cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 31](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/31) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
@@ -47701,8 +44631,20 @@
[^c23393691]: [S. 76ZL](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZL) and cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 42](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/42) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389531]: [S. 100](https://www.legislation.gov.uk/ukpga/1988/1/section/100) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 79](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/79), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389551]: [S. 101](https://www.legislation.gov.uk/ukpga/1988/1/section/101) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 80](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/80), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389571]: [Ss. 103-106](https://www.legislation.gov.uk/ukpga/1988/1/section/103) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 82](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/82), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21853821]: Words in [s. 104](https://www.legislation.gov.uk/ukpga/1988/1/section/104) sidenote repealed (with effect in accordance with Sch. 27 Pt. 3(6) Note of the repealing act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(6)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/6)
[^c23389581]: [Ss. 103-106](https://www.legislation.gov.uk/ukpga/1988/1/section/103) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 82](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/82), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389591]: [Ss. 103-106](https://www.legislation.gov.uk/ukpga/1988/1/section/103) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 82](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/82), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389601]: [Ss. 103-106](https://www.legislation.gov.uk/ukpga/1988/1/section/103) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 82](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/82), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23359051]: [S. 107](https://www.legislation.gov.uk/ukpga/1988/1/section/107) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 86](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/86), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359071]: [S. 108](https://www.legislation.gov.uk/ukpga/1988/1/section/108) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 87](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/87), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -47711,6 +44653,8 @@
[^c23376901]: [S. 109A](https://www.legislation.gov.uk/ukpga/1988/1/section/109A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 11](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/11), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23389631]: [S. 110](https://www.legislation.gov.uk/ukpga/1988/1/section/110) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 83](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/83), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23359171]: [S. 110A](https://www.legislation.gov.uk/ukpga/1988/1/section/110A) and preceding cross-heading repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 91](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/91), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23423311]: [S. 110A](https://www.legislation.gov.uk/ukpga/1988/1/section/110A) and preceding cross-heading repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 91](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/91), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -47723,14 +44667,22 @@
[^c21821431]: [S. 111](https://www.legislation.gov.uk/ukpga/1988/1/section/111) substituted (with effect in accordance with s. 215(4)(5) of the 1994 amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 215(1)](https://www.legislation.gov.uk/ukpga/1994/9/section/215/1) (as amended (retrospectively) by Finance Act [1995 c. 4](https://www.legislation.gov.uk/ukpga/1995/4), [s. 117(1)(a)(2)(4)](https://www.legislation.gov.uk/ukpga/1995/4/section/117/1/a/2/4)) (with Sch. 20)
[^c23390341]: [S. 111(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/111/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 84](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/84), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23359181]: [S. 111(2)-(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/111/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 92(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/92/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359311]: [S. 112](https://www.legislation.gov.uk/ukpga/1988/1/section/112) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 93](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/93), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359331]: [S. 113](https://www.legislation.gov.uk/ukpga/1988/1/section/113) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 94](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/94), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23389651]: [S. 114](https://www.legislation.gov.uk/ukpga/1988/1/section/114) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 85](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/85), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389671]: [S. 115](https://www.legislation.gov.uk/ukpga/1988/1/section/115) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 85](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/85), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23376911]: [S. 117](https://www.legislation.gov.uk/ukpga/1988/1/section/117) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 13](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/13), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23389681]: [S. 118ZA](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 87](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/87), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23376741]: [Ss. 118ZE-118ZK](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZE) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 18](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/18), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23376761]: [Ss. 118ZE-118ZK](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZE) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 18](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/18), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -47785,12 +44737,22 @@
[^c23472701]: [Pt. 4 Ch. 7A](https://www.legislation.gov.uk/ukpga/1988/1/part/4/chapter/7A) (ss. 118A-118K) repealed (with effect in accordance with s. 111(6)(a) of the repealing Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 111(1)](https://www.legislation.gov.uk/ukpga/2000/17/section/111/1), [Sch. 40 Pt. 2(17)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/2/17), Note 1
[^c23389691]: [S. 119](https://www.legislation.gov.uk/ukpga/1988/1/section/119) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 88](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/88), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389711]: [S. 120](https://www.legislation.gov.uk/ukpga/1988/1/section/120) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 89](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/89), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389721]: [S. 121](https://www.legislation.gov.uk/ukpga/1988/1/section/121) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 90](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/90), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389731]: [S. 122](https://www.legislation.gov.uk/ukpga/1988/1/section/122) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 91](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/91), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21835151]: [S. 123](https://www.legislation.gov.uk/ukpga/1988/1/section/123) repealed (with effect in accordance with Sch. 7 para. 32 of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 7 para. 13](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/13), [Sch. 41 Pt. 5(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/2), Note (with Sch. 7 paras. 33-35)
[^c21858771]: [S. 124](https://www.legislation.gov.uk/ukpga/1988/1/section/124) repealed (with effect in accordance with s. 111(6)(b) of the repealing Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 111(2)](https://www.legislation.gov.uk/ukpga/2000/17/section/111/2), [Sch. 40 Pt. 2(17)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/2/17), Note 2
[^c23357911]: [S. 125](https://www.legislation.gov.uk/ukpga/1988/1/section/125) title substituted (retrospective to 2.12.2004) by virtue of [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 91(3)](https://www.legislation.gov.uk/ukpga/2005/7/section/91/3)
[^c23389741]: [S. 125](https://www.legislation.gov.uk/ukpga/1988/1/section/125) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 92](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/92), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21846551]: [Ss. 126](https://www.legislation.gov.uk/ukpga/1988/1/section/126), [126A](https://www.legislation.gov.uk/ukpga/1988/1/section/126A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by Finance Act 1996, Sch. 41 Pt. 5(3), Note
[^c21846561]: [Ss. 126](https://www.legislation.gov.uk/ukpga/1988/1/section/126), [126A](https://www.legislation.gov.uk/ukpga/1988/1/section/126A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by Finance Act 1996, Sch. 41 Pt. 5(3), Note
@@ -47803,6 +44765,8 @@
[^c21861331]: [S. 128(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/128/2) inserted (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 27 para. 3(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/3/2) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c23390381]: [S. 128(2)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/128/2/3) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 93](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/93), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21847681]: [Ss. 129](https://www.legislation.gov.uk/ukpga/1988/1/section/129), [129A](https://www.legislation.gov.uk/ukpga/1988/1/section/129A) repealed (with effect in accordance with Sch. 10 para. 7(1) of the repealing Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 10 para. 1](https://www.legislation.gov.uk/ukpga/1997/16/schedule/10/paragraph/1), [Sch. 18 Pt. 6(10)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/18/part/6/10), Note 1; [S.I. 1997/991](https://www.legislation.gov.uk/uksi/1997/991), [art. 2](https://www.legislation.gov.uk/uksi/1997/991/article/2)
[^c21847691]: [Ss. 129](https://www.legislation.gov.uk/ukpga/1988/1/section/129), [129A](https://www.legislation.gov.uk/ukpga/1988/1/section/129A) repealed (with effect in accordance with Sch. 10 para. 7(1) of the repealing Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 10 para. 1](https://www.legislation.gov.uk/ukpga/1997/16/schedule/10/paragraph/1), [Sch. 18 Pt. 6(10)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/18/part/6/10), Note 1; [S.I. 1997/991](https://www.legislation.gov.uk/uksi/1997/991), [art. 2](https://www.legislation.gov.uk/uksi/1997/991/article/2)
@@ -47813,10 +44777,14 @@
[^c21847721]: [S. 129B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/129B/4) substituted (with effect in accordance with [Sch. 10 para. 7(1)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/10/paragraph/7/1) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 10 para. 2(2)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/10/paragraph/2/2); [S.I. 1997/991](https://www.legislation.gov.uk/uksi/1997/991), [art. 2](https://www.legislation.gov.uk/uksi/1997/991/article/2)
[^c23390471]: [S. 130](https://www.legislation.gov.uk/ukpga/1988/1/section/130) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 94(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/94/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21574461]: Source—1970 s.304(5); 1980 Sch.11
[^c23356741]: [S. 130](https://www.legislation.gov.uk/ukpga/1988/1/section/130): definition of "company with investment business" inserted (with effect in accordance with ss. 38(5), 42, 43 of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 38(3)](https://www.legislation.gov.uk/ukpga/2004/12/section/38/3)
[^c23390491]: [S. 130](https://www.legislation.gov.uk/ukpga/1988/1/section/130): definition of "company with investment business" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 94(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/94/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21574471]: [1985 c. 58](https://www.legislation.gov.uk/ukpga/1985/58).
[^c21847621]: [S. 127A](https://www.legislation.gov.uk/ukpga/1988/1/section/127A) inserted (with effect in accordance with [s. 80(6)](https://www.legislation.gov.uk/ukpga/1997/16/section/80/6) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 80(1)](https://www.legislation.gov.uk/ukpga/1997/16/section/80/1)
@@ -48149,6 +45117,8 @@
[^c21580041]: Source—1978 Sch.9 18; 1986 s.24(1)
[^c23451011]: Words in [s. 187(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/187/10) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 95](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/95) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21580061]: [1969 c. 24](https://www.legislation.gov.uk/ukpga/1969/24). (N.I.).
[^c23391271]: [S. 187A](https://www.legislation.gov.uk/ukpga/1988/1/section/187A) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 28(a)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/28/a), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
@@ -48357,6 +45327,8 @@
[^c21891631]: [S. 207A](https://www.legislation.gov.uk/ukpga/1988/1/section/207A) repealed (with effect in accordance with s. 73 of the repealing Act) by Finance Act 1996, Sch. 41 Pt. 5(1), Note 1
[^c23396831]: [S. 208](https://www.legislation.gov.uk/ukpga/1988/1/section/208) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 96](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/96), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23397491]: [Pt. 6 Chs. 1-3](https://www.legislation.gov.uk/ukpga/1988/1/part/6/chapter/1): power to amend conferred (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 533(2)(3)(d)](https://www.legislation.gov.uk/ukpga/2009/4/section/533/2/3/d)
[^c22735901]: [Ss. 209A](https://www.legislation.gov.uk/ukpga/1988/1/section/209A), [209B](https://www.legislation.gov.uk/ukpga/1988/1/section/209B) inserted (with effect in accordance with [s. 102(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/102/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 102(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/102/2)
@@ -48845,6 +45817,8 @@
[^c23414281]: [S. 336](https://www.legislation.gov.uk/ukpga/1988/1/section/336) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 50](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/50), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23426961]: [S. 337](https://www.legislation.gov.uk/ukpga/1988/1/section/337) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 103](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/103), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23426611]: [S. 338B](https://www.legislation.gov.uk/ukpga/1988/1/section/338B) repealed (with effect in accordance with s. 38(7) of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c23499091]: [S. 339A](https://www.legislation.gov.uk/ukpga/1988/1/section/339A) inserted (in relation to accounting periods ending on or after 1 October 1990) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 27(3)(4)](https://www.legislation.gov.uk/ukpga/1990/29/section/27/3/4)
@@ -49189,6 +46163,10 @@
[^c22742151]: [S. 376A(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/376A/1A) inserted (1.12.2001 in accordance with art. 1(2)(a) of the amending Order) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 24](https://www.legislation.gov.uk/uksi/2001/3629/article/24)
[^c23438111]: Word in [s. 376A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/376A/6) inserted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 138(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/138/a)
[^c23438131]: Words in [s. 376A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/376A/6) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 138(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/138/b)
[^c22741281]: [S. 377](https://www.legislation.gov.uk/ukpga/1988/1/section/377) repealed (with effect in accordance with Sch. 4 para. 18(5), Sch. 20 Pt. 3(7) Note 4 of the repealing Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [Sch. 4 para. 12](https://www.legislation.gov.uk/ukpga/1999/16/schedule/4/paragraph/12), [Sch. 20 Pt. 3(7)](https://www.legislation.gov.uk/ukpga/1999/16/schedule/20/part/3/7)
[^c21596051]: Source-1982 s.29; 1984 s.56(2)
@@ -49197,6 +46175,8 @@
[^c22741431]: Words in [s. 378(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/378/3) substituted (with effect in accordance with [Sch. 4 para. 18(5)](https://www.legislation.gov.uk/ukpga/1999/16/schedule/4/paragraph/18/5) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [Sch. 4 para. 13(b)](https://www.legislation.gov.uk/ukpga/1999/16/schedule/4/paragraph/13/b)
[^c23438151]: Words in [s. 378(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/378/3) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 139](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/139)
[^c22742171]: [S. 379](https://www.legislation.gov.uk/ukpga/1988/1/section/379): definition of "contracts of general insurance" inserted (1.12.2001 in accordance with art. 1(2)(a) of the amending Order) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 25](https://www.legislation.gov.uk/uksi/2001/3629/article/25)
[^c22738471]: [S. 379](https://www.legislation.gov.uk/ukpga/1988/1/section/379): words in definition of "prescribed" repealed (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [Sch. 26 Pt. 5(19)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/26/part/5/19)
@@ -49259,10 +46239,18 @@
[^c22744461]: [S. 379A](https://www.legislation.gov.uk/ukpga/1988/1/section/379A) and preceding cross-heading inserted (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para. 19(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/19/1)
[^c23532971]: [S. 392A](https://www.legislation.gov.uk/ukpga/1988/1/section/392A) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/7) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532991]: Words in cross-heading preceding s. 392A substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(8)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/8) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21597491]: [S. 394](https://www.legislation.gov.uk/ukpga/1988/1/section/394) repealed by [Finance Act 1991 (c. 31)](https://www.legislation.gov.uk/ukpga/1991/31), [ss. 73(2)(4)(5)](https://www.legislation.gov.uk/ukpga/1991/31/section/73/2/4/5), [123](https://www.legislation.gov.uk/ukpga/1991/31/section/123), [Sch. 19 Pt. V](https://www.legislation.gov.uk/ukpga/1991/31/schedule/19/part/V)
[^c23448621]: [S. 393B](https://www.legislation.gov.uk/ukpga/1988/1/section/393B) inserted (with effect in accordance with [s. 111(3)](https://www.legislation.gov.uk/ukpga/2008/9/section/111/3) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 111(1)](https://www.legislation.gov.uk/ukpga/2008/9/section/111/1)
[^c23450011]: [S. 396](https://www.legislation.gov.uk/ukpga/1988/1/section/396) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 112(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/112/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532141]: [Ss. 392A](https://www.legislation.gov.uk/ukpga/1988/1/section/392A), [392B](https://www.legislation.gov.uk/ukpga/1988/1/section/392B) and preceding cross-heading inserted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 28](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/28) (with [Sch. 5 paras. 72](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/72), [73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c21597681]: Source—1973 s.26(2); 1974 s.30(2)
[^c23442991]: Words in [s. 398](https://www.legislation.gov.uk/ukpga/1988/1/section/398) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 75(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/75/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -49275,8 +46263,12 @@
[^c23443031]: Words in [s. 398(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/398/b) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 75(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/75/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23450181]: Words in [s. 398(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/398/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 114](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/114) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23443051]: Words in [s. 398](https://www.legislation.gov.uk/ukpga/1988/1/section/398) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 75(6)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/75/6) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23450601]: [S. 401](https://www.legislation.gov.uk/ukpga/1988/1/section/401) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 117](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/117), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23442201]: [S. 403D](https://www.legislation.gov.uk/ukpga/1988/1/section/403D) title substituted (with effect in accordance with [Sch. 1 para. 9](https://www.legislation.gov.uk/ukpga/2006/25/schedule/1/paragraph/9) of the amending Act) by virtue of [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 1 para. 3(4)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/1/paragraph/3/4)
[^c22747531]: [Ss. 408](https://www.legislation.gov.uk/ukpga/1988/1/section/408), [409](https://www.legislation.gov.uk/ukpga/1988/1/section/409) repealed (with effect in accordance with Sch. 7 para. 9, Sch. Pt. 2(14) Note of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [Sch. 7 para. 6](https://www.legislation.gov.uk/ukpga/1997/58/schedule/7/paragraph/6), [Sch. 8 Pt. 2(14)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8/part/2/14)
@@ -49335,6 +46327,10 @@
[^c22892971]: [Ss. 432A-432E](https://www.legislation.gov.uk/ukpga/1988/1/section/432A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 6 para. 4](https://www.legislation.gov.uk/ukpga/1990/29/schedule/6/paragraph/4)
[^c23613671]: [S. 432AA](https://www.legislation.gov.uk/ukpga/1988/1/section/432AA) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 131(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/131/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23613821]: Words in [s. 432AB](https://www.legislation.gov.uk/ukpga/1988/1/section/432AB) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 132(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/132/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22771701]: [Ss. 432A-432E](https://www.legislation.gov.uk/ukpga/1988/1/section/432A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 6 para. 4](https://www.legislation.gov.uk/ukpga/1990/29/schedule/6/paragraph/4)
[^c22771801]: [Ss. 432A-432E](https://www.legislation.gov.uk/ukpga/1988/1/section/432A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 6 para. 4](https://www.legislation.gov.uk/ukpga/1990/29/schedule/6/paragraph/4)
@@ -49401,6 +46397,8 @@
[^c22772761]: [Ss. 440](https://www.legislation.gov.uk/ukpga/1988/1/section/440), [440A](https://www.legislation.gov.uk/ukpga/1988/1/section/440A) substituted for s. 440 (1.1.1990) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 6 paras. 8](https://www.legislation.gov.uk/ukpga/1990/29/schedule/6/paragraph/8), [11(2)](https://www.legislation.gov.uk/ukpga/1990/29/schedule/6/paragraph/11/2) (with [Sch. 6 para. 12](https://www.legislation.gov.uk/ukpga/1990/29/schedule/6/paragraph/12))
[^c23653741]: Words in [s. 440B](https://www.legislation.gov.uk/ukpga/1988/1/section/440B) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 138(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/138/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701451]: [S. 441](https://www.legislation.gov.uk/ukpga/1988/1/section/441) repealed (with effect in accordance with s. 38(2) of the repealing Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 34](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/34), [Sch. 27 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/7), Note (with Sch. 7 Pt. 2)
[^c22772951]: [Ss. 441](https://www.legislation.gov.uk/ukpga/1988/1/section/441), [441A](https://www.legislation.gov.uk/ukpga/1988/1/section/441A) substituted for s. 441 by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch.7 paras. 3](https://www.legislation.gov.uk/ukpga/1990/29/schedule/7/paragraph/3), [10](https://www.legislation.gov.uk/ukpga/1990/29/schedule/7/paragraph/10)
@@ -49419,6 +46417,10 @@
[^c22773211]: [S. 444A](https://www.legislation.gov.uk/ukpga/1988/1/section/444A) inserted (with effect in accordance with [Sch. 9 para. 7](https://www.legislation.gov.uk/ukpga/1990/29/schedule/9/paragraph/7) of the amending Act) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 9 para. 4](https://www.legislation.gov.uk/ukpga/1990/29/schedule/9/paragraph/4)
[^c23710721]: Words in [s. 444AZA](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZA) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 142(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/142/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710841]: Word in [s. 444AZB](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZB) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 143(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/143/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23683411]: [S. 444AB](https://www.legislation.gov.uk/ukpga/1988/1/section/444AB) heading substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by virtue of [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [11(6)](https://www.legislation.gov.uk/uksi/2008/381/article/11/6)
[^c23701591]: [S. 444ABC](https://www.legislation.gov.uk/ukpga/1988/1/section/444ABC) omitted (19.2.2008 with effect in accordance with art. 1(4) of the repealing S.I.) by virtue of [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [15](https://www.legislation.gov.uk/uksi/2008/381/article/15)
@@ -49431,6 +46433,14 @@
[^c23701551]: [S. 444AD](https://www.legislation.gov.uk/ukpga/1988/1/section/444AD) repealed (with effect in accordance with Sch. 9 para. 17(2) of the repealing Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 9 para. 7(1)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/9/paragraph/7/1), [Sch. 27 Pt. 2(9)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/9), Note; [S.I. 2008/379](https://www.legislation.gov.uk/uksi/2008/379), [art. 2](https://www.legislation.gov.uk/uksi/2008/379/article/2)
[^c23695881]: Words in [s. 444AEB](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700061]: Words in [s. 444AEC](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700981]: Words in [s. 444AECB](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/7) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701211]: Words in [s. 444AECC](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC) title substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(6)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/6) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22771511]: Cross-heading before s. 434 inserted (with effect in accordance with [Sch. 8 para. 57(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/57/1) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 8 para. 51(4)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/51/4) (with [Sch. 8 para. 55(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/55/2))
[^c23635511]: [Ss. 434AZA-434AZC](https://www.legislation.gov.uk/ukpga/1988/1/section/434AZA) inserted (with effect in accordance with [Sch. 23 para. 3(2)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/23/paragraph/3/2) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 23 para. 3(1)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/23/paragraph/3/1)
@@ -49487,6 +46497,8 @@
[^c23635371]: [Ss. 444AECA-444AECC](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA) inserted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [art. 22](https://www.legislation.gov.uk/uksi/2008/381/article/22)
[^c23710521]: Words in [s. 444AH](https://www.legislation.gov.uk/ukpga/1988/1/section/444AH) heading substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 153](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/153) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710481]: [S. 444AK](https://www.legislation.gov.uk/ukpga/1988/1/section/444AK) heading substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by virtue of [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 38(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/38/5) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c21603191]: [S. 444B](https://www.legislation.gov.uk/ukpga/1988/1/section/444B) and cross heading inserted (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 97(1)](https://www.legislation.gov.uk/ukpga/1993/34/section/97/1)
@@ -49637,6 +46649,10 @@
[^c22801581]: [S. 472](https://www.legislation.gov.uk/ukpga/1988/1/section/472) repealed (with effect in accordance with s. 101(4) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 101(2)](https://www.legislation.gov.uk/ukpga/1998/36/section/101/2), [Sch. 27 Pt. 3(23)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/23), Note 2
[^c23722101]: [S. 472A](https://www.legislation.gov.uk/ukpga/1988/1/section/472A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 158](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/158), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23722121]: [S. 473](https://www.legislation.gov.uk/ukpga/1988/1/section/473) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 159](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/159), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22791901]: [S. 474(1)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/474/1/3) repealed (with effect in accordance with Sch. 7 para. 32-35, Sch. 41 Pt. 5(2) Note of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8). Sch. 7 para. 18, Sch. 41 Pt. 5(2)
[^c22791931]: [S. 474(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/474/2) repealed (with effect in accordance with s. 154(9) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 28 para. 2](https://www.legislation.gov.uk/ukpga/1996/8/schedule/28/paragraph/2), [Sch. 41 Pt. 5(18)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/18), Note
@@ -49683,8 +46699,14 @@
[^c22792201]: [S. 485](https://www.legislation.gov.uk/ukpga/1988/1/section/485) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 29](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/29), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23724851]: [S. 487](https://www.legislation.gov.uk/ukpga/1988/1/section/487) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 164](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/164), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23724871]: [S. 491](https://www.legislation.gov.uk/ukpga/1988/1/section/491) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 165](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/165), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21608391]: [S. 477B](https://www.legislation.gov.uk/ukpga/1988/1/section/477B) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 51](https://www.legislation.gov.uk/ukpga/1991/31/section/51), [Sch. 10 para. 3(1)(2)](https://www.legislation.gov.uk/ukpga/1991/31/schedule/10/paragraph/3/1/2)
[^c23724831]: [S. 477B](https://www.legislation.gov.uk/ukpga/1988/1/section/477B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 162](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/162), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23723881]: [S. 482A](https://www.legislation.gov.uk/ukpga/1988/1/section/482A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s.75](https://www.legislation.gov.uk/ukpga/1991/31/section/75)
[^c22806081]: [S. 482A](https://www.legislation.gov.uk/ukpga/1988/1/section/482A) repealed (with effect in accordance with s. 145(11), Sch. 40 Pt. 5 Note of the repealing Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 145(10)](https://www.legislation.gov.uk/ukpga/2000/17/section/145/10), [Sch. 40 Pt. 5](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/5)
@@ -49727,16 +46749,22 @@
[^c22802741]: [S. 503](https://www.legislation.gov.uk/ukpga/1988/1/section/503) substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 42](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/42) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23733111]: [S. 504](https://www.legislation.gov.uk/ukpga/1988/1/section/504) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 173](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/173), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23733051]: [S. 504A](https://www.legislation.gov.uk/ukpga/1988/1/section/504A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 93](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/93), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730861]: Words in [s. 505](https://www.legislation.gov.uk/ukpga/1988/1/section/505) sidenote substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(10)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/10) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23731411]: [S. 506(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/506/3) heading substituted (with effect in accordance with [s. 55(5)](https://www.legislation.gov.uk/ukpga/2006/25/section/55/5) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 55(2)(g)](https://www.legislation.gov.uk/ukpga/2006/25/section/55/2/g)
[^c23733291]: [S. 508](https://www.legislation.gov.uk/ukpga/1988/1/section/508) repealed (1.4.2010 with effect in accordance with s. 1184(1) of the repealing Act) by [Corporation Tax Act 2010 (c. 4)](https://www.legislation.gov.uk/ukpga/2010/4), [Sch. 1 para. 78](https://www.legislation.gov.uk/ukpga/2010/4/schedule/1/paragraph/78), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2010/4/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2010/4/schedule/2))
[^c23732981]: [Ss. 508A](https://www.legislation.gov.uk/ukpga/1988/1/section/508A), [508B](https://www.legislation.gov.uk/ukpga/1988/1/section/508B) repealed (with effect in accordance with s. 145(2) of the repealing Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 143(a)](https://www.legislation.gov.uk/ukpga/2006/25/section/143/a), [Sch. 26 Pt. 4](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/4)
[^c23733001]: [Ss. 508A](https://www.legislation.gov.uk/ukpga/1988/1/section/508A), [508B](https://www.legislation.gov.uk/ukpga/1988/1/section/508B) repealed (with effect in accordance with s. 145(2) of the repealing Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 143(a)](https://www.legislation.gov.uk/ukpga/2006/25/section/143/a), [Sch. 26 Pt. 4](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/4)
[^c23733131]: [S. 509](https://www.legislation.gov.uk/ukpga/1988/1/section/509) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 176](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/176), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21610541]: [S. 510A](https://www.legislation.gov.uk/ukpga/1988/1/section/510A) inserted (retrospective to 1.7.1989) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 11 paras. 1](https://www.legislation.gov.uk/ukpga/1990/29/schedule/11/paragraph/1), [5](https://www.legislation.gov.uk/ukpga/1990/29/schedule/11/paragraph/5)
[^c22809771]: [S. 511(1)-(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/511/1)(6) repealed (9.11.2001) by [Electricity Act 1989 (c. 29)](https://www.legislation.gov.uk/ukpga/1989/29), [s. 113(2)](https://www.legislation.gov.uk/ukpga/1989/29/section/113/2), [Sch. 18](https://www.legislation.gov.uk/ukpga/1989/29/schedule/18); [S.I. 2001/3419](https://www.legislation.gov.uk/uksi/2001/3419), [art. 2](https://www.legislation.gov.uk/uksi/2001/3419/article/2)
@@ -49769,8 +46797,14 @@
[^c22781191]: [Ss. 520-523](https://www.legislation.gov.uk/ukpga/1988/1/section/520) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 44](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/44), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c23734811]: [S. 524](https://www.legislation.gov.uk/ukpga/1988/1/section/524) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 179](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/179), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23734121]: Word in [s. 525](https://www.legislation.gov.uk/ukpga/1988/1/section/525) sidenote omitted (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by virtue of [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734831]: [S. 525](https://www.legislation.gov.uk/ukpga/1988/1/section/525) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 180](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/180), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23734851]: [S. 526](https://www.legislation.gov.uk/ukpga/1988/1/section/526) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 181](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/181), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21611301]: Source - 1970 s.384
[^c23734261]: [S. 527(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/527/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 108(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/108/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -49779,10 +46813,18 @@
[^c23734281]: [S. 527(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/527/4) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 108(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/108/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23734871]: [S. 528](https://www.legislation.gov.uk/ukpga/1988/1/section/528) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 182](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/182), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23734951]: [S. 529](https://www.legislation.gov.uk/ukpga/1988/1/section/529) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 206](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/206), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22781231]: [S. 530](https://www.legislation.gov.uk/ukpga/1988/1/section/530) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 47](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/47), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c23734891]: [S. 531](https://www.legislation.gov.uk/ukpga/1988/1/section/531) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 183](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/183), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23734911]: [S. 532](https://www.legislation.gov.uk/ukpga/1988/1/section/532) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 184](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/184), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23734931]: [S. 533](https://www.legislation.gov.uk/ukpga/1988/1/section/533) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 185](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/185), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22781731]: [S. 534](https://www.legislation.gov.uk/ukpga/1988/1/section/534) repealed (with effect in accordance with s. 71(3) of the repealing Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 33 Pt. 2(6)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/33/part/2/6)
[^c22781751]: [S. 535](https://www.legislation.gov.uk/ukpga/1988/1/section/535) repealed (with effect in accordance with s. 71(3) of the repealing Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 33 Pt. 2(6)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/33/part/2/6)
@@ -49937,6 +46979,8 @@
[^c23748121]: Words in [s. 552A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/552A/5) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 224(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/224/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23748221]: Word in [s. 552A(9)(k)](https://www.legislation.gov.uk/ukpga/1988/1/section/552A/9/k) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 148](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/148)
[^c22797621]: [S. 552A(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/552A/12) power exercised: 6.4.1999 appointed by [S.I. 1999/881](https://www.legislation.gov.uk/uksi/1999/881), [reg. 3](https://www.legislation.gov.uk/uksi/1999/881/regulation/3)
[^c23748061]: [S. 552A(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/552A/12): definition of "capital redemption policy" inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 224(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/224/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -50007,12 +47051,16 @@
[^c23749241]: [S. 555](https://www.legislation.gov.uk/ukpga/1988/1/section/555) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 113](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/113), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23749281]: [S. 556](https://www.legislation.gov.uk/ukpga/1988/1/section/556) omitted (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by virtue of [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 186](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/186) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22779781]: Word in [s. 557](https://www.legislation.gov.uk/ukpga/1988/1/section/557) sidenote substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23749261]: [S. 557](https://www.legislation.gov.uk/ukpga/1988/1/section/557) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 231](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/231), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749191]: [S. 558(1)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/558/1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 115](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/115), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23749301]: [S. 558(5)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/558/5/6) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 187](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/187), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23749451]: [Pt. 13 Ch. 4](https://www.legislation.gov.uk/ukpga/1988/1/part/13/chapter/4) (ss. 559-567) repealed (with effect in accordance with s. 77 of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 12 para. 9(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/12/paragraph/9/2), [Sch. 42 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/7), Note; [S.I. 2006/3240](https://www.legislation.gov.uk/uksi/2006/3240), [art. 2](https://www.legislation.gov.uk/uksi/2006/3240/article/2)
[^c23749471]: [Pt. 13 Ch. 4](https://www.legislation.gov.uk/ukpga/1988/1/part/13/chapter/4) (ss. 559-567) repealed (with effect in accordance with s. 77 of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 12 para. 9(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/12/paragraph/9/2), [Sch. 42 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/7), Note; [S.I. 2006/3240](https://www.legislation.gov.uk/uksi/2006/3240), [art. 2](https://www.legislation.gov.uk/uksi/2006/3240/article/2)
@@ -50037,8 +47085,14 @@
[^c21614031]: Source-1970 s.406
[^c23749641]: Words in [s. 568(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/568/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 188(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/188/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23749561]: Words in [s. 568(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/568/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 232(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/232/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749601]: Words in [s. 568(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/568/1) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 188(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/188/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23749621]: Words in [s. 568(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/568/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 188(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/188/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22779901]: Words in [s. 568(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/568/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21614041]: Source-1970 s.407; 1971 Sch.6 45
@@ -50055,10 +47109,16 @@
[^c22776521]: Words in [s. 570(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/570/2) added (with effect in accordance with [s. 134(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 20 para. 31(d)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/20/paragraph/31/d)
[^c23749681]: Words in [s. 570(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/570/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 189](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/189) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21614061]: Source-1970 s.409
[^c23749781]: Words in [s. 571(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/571/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 190(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/190/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23749721]: [S. 571(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/571/1A) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 116](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/116) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23749741]: [S. 571(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/571/1B) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 190(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/190/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21614071]: Source-1970 s.410
[^c23753491]: [S. 573](https://www.legislation.gov.uk/ukpga/1988/1/section/573) transposed from Pt. 13 Ch. 6 to Pt. 13 Ch. 5A (6.4.2007 with effect in accordance with s. 1034(1) of the affecting Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 117(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/117/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -50097,8 +47157,18 @@
[^c23754331]: [S. 574](https://www.legislation.gov.uk/ukpga/1988/1/section/574) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 118](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/118), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23763091]: [S. 577](https://www.legislation.gov.uk/ukpga/1988/1/section/577) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 191](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/191), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21614481]: [S. 577A](https://www.legislation.gov.uk/ukpga/1988/1/section/577A) inserted (with application in accordance with [s. 123(2)](https://www.legislation.gov.uk/ukpga/1993/34/section/123/2) of the amending Act) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [s. 123(1)(2)](https://www.legislation.gov.uk/ukpga/1993/34/section/123/1/2)
[^c23763111]: [S. 577A](https://www.legislation.gov.uk/ukpga/1988/1/section/577A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 192](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/192), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23763131]: [S. 578](https://www.legislation.gov.uk/ukpga/1988/1/section/578) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 193](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/193), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23763191]: [Ss. 579](https://www.legislation.gov.uk/ukpga/1988/1/section/579), [580](https://www.legislation.gov.uk/ukpga/1988/1/section/580) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 195](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/195), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23763211]: [Ss. 579](https://www.legislation.gov.uk/ukpga/1988/1/section/579), [580](https://www.legislation.gov.uk/ukpga/1988/1/section/580) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 195](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/195), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23762911]: [Ss. 580A-580C](https://www.legislation.gov.uk/ukpga/1988/1/section/580A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 240](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/240), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762931]: [Ss. 580A-580C](https://www.legislation.gov.uk/ukpga/1988/1/section/580A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 240](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/240), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -50109,6 +47179,8 @@
[^c23763031]: [S. 581A](https://www.legislation.gov.uk/ukpga/1988/1/section/581A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 133](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/133), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23763231]: [S. 582](https://www.legislation.gov.uk/ukpga/1988/1/section/582) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 196](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/196), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21614611]: [S. 582A](https://www.legislation.gov.uk/ukpga/1988/1/section/582A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 118(1)](https://www.legislation.gov.uk/ukpga/1991/31/section/118/1)
[^c23763051]: [S. 582A](https://www.legislation.gov.uk/ukpga/1988/1/section/582A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 135](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/135), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -50117,22 +47189,32 @@
[^c23763011]: [S. 585](https://www.legislation.gov.uk/ukpga/1988/1/section/585) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 246](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/246), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23763271]: [Ss. 586](https://www.legislation.gov.uk/ukpga/1988/1/section/586), [587](https://www.legislation.gov.uk/ukpga/1988/1/section/587) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 198](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/198), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23763291]: [Ss. 586](https://www.legislation.gov.uk/ukpga/1988/1/section/586), [587](https://www.legislation.gov.uk/ukpga/1988/1/section/587) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 198](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/198), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21614811]: [S. 587A](https://www.legislation.gov.uk/ukpga/1988/1/section/587A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 54](https://www.legislation.gov.uk/ukpga/1991/31/section/54), [Sch. 12 para. 1](https://www.legislation.gov.uk/ukpga/1991/31/schedule/12/paragraph/1) (with application as referred to in Sch. 12 para. 5 of that Act)
[^c23763071]: [S. 587A](https://www.legislation.gov.uk/ukpga/1988/1/section/587A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 136](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/136), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c22783241]: [S. 587B](https://www.legislation.gov.uk/ukpga/1988/1/section/587B) sidenote substituted (with effect in accordance with [s. 97(6)](https://www.legislation.gov.uk/ukpga/2002/23/section/97/6) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 97(4)](https://www.legislation.gov.uk/ukpga/2002/23/section/97/4)
[^c23763311]: [S. 588](https://www.legislation.gov.uk/ukpga/1988/1/section/588) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 200](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/200), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23762891]: [S. 589](https://www.legislation.gov.uk/ukpga/1988/1/section/589) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 68](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/68), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c21614841]: [Ss. 589A](https://www.legislation.gov.uk/ukpga/1988/1/section/589A), [589B](https://www.legislation.gov.uk/ukpga/1988/1/section/589B) inserted (27.7.1993) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [s. 108](https://www.legislation.gov.uk/ukpga/1993/34/section/108)
[^c23763331]: [S. 589A](https://www.legislation.gov.uk/ukpga/1988/1/section/589A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 201](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/201), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21614851]: [Ss. 589A](https://www.legislation.gov.uk/ukpga/1988/1/section/589A), [589B](https://www.legislation.gov.uk/ukpga/1988/1/section/589B) inserted (27.7.1993) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [s. 108](https://www.legislation.gov.uk/ukpga/1993/34/section/108)
[^c23762491]: [S. 589B(1)-(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/589B/1) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 70(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/70/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c22782811]: [S. 589B(4)(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/589B/4/4A) substituted for s. 589B(4) (with effect in accordance with [s. 57(4)](https://www.legislation.gov.uk/ukpga/2001/9/section/57/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 12 Pt. 2 para. 13](https://www.legislation.gov.uk/ukpga/2001/9/schedule/12/part/2/paragraph/13)
[^c23763351]: [S. 589B(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/589B/5) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 202](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/202), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22781691]: [Ss. 578A](https://www.legislation.gov.uk/ukpga/1988/1/section/578A), [578B](https://www.legislation.gov.uk/ukpga/1988/1/section/578B) inserted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 52](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/52) (with [Sch. 3 para. 113](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/113))
[^c22776541]: [Ss. 580A](https://www.legislation.gov.uk/ukpga/1988/1/section/580A), [580B](https://www.legislation.gov.uk/ukpga/1988/1/section/580B) inserted (with effect in accordance with [s. 143(2)-(5)](https://www.legislation.gov.uk/ukpga/1996/8/section/143/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 143(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/143/1)
@@ -50313,6 +47395,8 @@
[^c23481611]: [S. 616](https://www.legislation.gov.uk/ukpga/1988/1/section/616) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 86](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/86), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23486631]: [S. 617](https://www.legislation.gov.uk/ukpga/1988/1/section/617) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 203](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/203), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23481971]: [S. 617A](https://www.legislation.gov.uk/ukpga/1988/1/section/617A) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 88](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/88), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23481951]: [S. 617A](https://www.legislation.gov.uk/ukpga/1988/1/section/617A) inserted (prosp.) by [Tax Credits Act 2002 (c. 21)](https://www.legislation.gov.uk/ukpga/2002/21), [s. 61](https://www.legislation.gov.uk/ukpga/2002/21/section/61), [Sch. 3 para. 14](https://www.legislation.gov.uk/ukpga/2002/21/schedule/3/paragraph/14) (the insertion being brought into force at 6.4.2003 by [S.I. 2003/962](https://www.legislation.gov.uk/uksi/2003/962), [art. 2(3)(d)(iii)](https://www.legislation.gov.uk/uksi/2003/962/article/2/3/d/iii))
@@ -50631,6 +47715,14 @@
[^c23313851]: [Pt. 15 Ch. 1D](https://www.legislation.gov.uk/ukpga/1988/1/part/15/chapter/1D) (ss. 689A, 689B) inserted (with effect in accordance with [Sch. 6 para. 28](https://www.legislation.gov.uk/ukpga/1996/8/schedule/6/paragraph/28) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 6 para. 16](https://www.legislation.gov.uk/ukpga/1996/8/schedule/6/paragraph/16)
[^c23770721]: [S. 695](https://www.legislation.gov.uk/ukpga/1988/1/section/695) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 204](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/204), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770741]: [S. 696](https://www.legislation.gov.uk/ukpga/1988/1/section/696) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 205](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/205), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770761]: [S. 697](https://www.legislation.gov.uk/ukpga/1988/1/section/697) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 206](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/206), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770781]: [S. 698](https://www.legislation.gov.uk/ukpga/1988/1/section/698) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 207](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/207), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23769431]: Word in [s. 698A](https://www.legislation.gov.uk/ukpga/1988/1/section/698A) sidenote substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 288(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/288/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21621991]: [S. 698A](https://www.legislation.gov.uk/ukpga/1988/1/section/698A) inserted (27.7.1993 with effect for the year 1993-1994 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 79](https://www.legislation.gov.uk/ukpga/1993/34/section/79), [Sch. 6 paras. 11(2)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/11/2), [25(1)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/25/1)
@@ -50639,10 +47731,22 @@
[^c23770801]: [S. 699](https://www.legislation.gov.uk/ukpga/1988/1/section/699) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 289](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/289), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770821]: [S. 699A](https://www.legislation.gov.uk/ukpga/1988/1/section/699A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 208](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/208), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770841]: [S. 701](https://www.legislation.gov.uk/ukpga/1988/1/section/701) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 210](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/210), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770861]: [S. 702](https://www.legislation.gov.uk/ukpga/1988/1/section/702) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 211](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/211), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22901551]: [S. 699A](https://www.legislation.gov.uk/ukpga/1988/1/section/699A) inserted (with effect in accordance with [s. 76(6)](https://www.legislation.gov.uk/ukpga/1995/4/section/76/6) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 76(4)](https://www.legislation.gov.uk/ukpga/1995/4/section/76/4)
[^c23771371]: Words in [s. 703](https://www.legislation.gov.uk/ukpga/1988/1/section/703) sidenote substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 154(10)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/154/10) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772891]: [Ss. 705A](https://www.legislation.gov.uk/ukpga/1988/1/section/705A), [705B](https://www.legislation.gov.uk/ukpga/1988/1/section/705B), [706](https://www.legislation.gov.uk/ukpga/1988/1/section/706) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 152](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/152)
[^c23772911]: [Ss. 705A](https://www.legislation.gov.uk/ukpga/1988/1/section/705A), [705B](https://www.legislation.gov.uk/ukpga/1988/1/section/705B), [706](https://www.legislation.gov.uk/ukpga/1988/1/section/706) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 152](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/152)
[^c23772931]: [Ss. 705A](https://www.legislation.gov.uk/ukpga/1988/1/section/705A), [705B](https://www.legislation.gov.uk/ukpga/1988/1/section/705B), [706](https://www.legislation.gov.uk/ukpga/1988/1/section/706) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 152](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/152)
[^c23772691]: Words in [s. 709](https://www.legislation.gov.uk/ukpga/1988/1/section/709) sidenote substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 161(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/161/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772771]: Words in [Pt. 17 Ch. 1](https://www.legislation.gov.uk/ukpga/1988/1/part/17/chapter/1) heading substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 153](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/153) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -50843,6 +47947,8 @@
[^c21627061]: [S. 765A](https://www.legislation.gov.uk/ukpga/1988/1/section/765A) inserted (with effect in accordance with [s. 68(4)](https://www.legislation.gov.uk/ukpga/1990/29/section/68/4) of the amending Act) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 68(2)](https://www.legislation.gov.uk/ukpga/1990/29/section/68/2)
[^c23791591]: [S. 767C](https://www.legislation.gov.uk/ukpga/1988/1/section/767C) omitted (1.4.2009) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 113(2)](https://www.legislation.gov.uk/ukpga/2008/9/section/113/2), [Sch. 36 para. 81](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/81) (with [Sch. 36 para. 38](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/38)); [S.I. 2009/404](https://www.legislation.gov.uk/uksi/2009/404), [art. 2](https://www.legislation.gov.uk/uksi/2009/404/article/2) (with [art. 6](https://www.legislation.gov.uk/uksi/2009/404/article/6))
[^c21627211]: [S. 768A](https://www.legislation.gov.uk/ukpga/1988/1/section/768A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 73(3)(4)(5)](https://www.legislation.gov.uk/ukpga/1991/31/section/73/3/4/5), [Sch. 15 para. 20(1)](https://www.legislation.gov.uk/ukpga/1991/31/schedule/15/paragraph/20/1)
[^c23790991]: [S. 768B](https://www.legislation.gov.uk/ukpga/1988/1/section/768B) sidenote substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by virtue of [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 3(7)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/3/7)
@@ -50911,6 +48017,8 @@
[^c21628031]: [S. 804A](https://www.legislation.gov.uk/ukpga/1988/1/section/804A) inserted (with effect in accordance with [Sch. 7 para. 10](https://www.legislation.gov.uk/ukpga/1990/29/schedule/7/paragraph/10) of the amending Act) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [Sch. 7 para. 5](https://www.legislation.gov.uk/ukpga/1990/29/schedule/7/paragraph/5)
[^c23804861]: Words in [s. 804C](https://www.legislation.gov.uk/ukpga/1988/1/section/804C) heading substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 251(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/251/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23805351]: [S. 804F](https://www.legislation.gov.uk/ukpga/1988/1/section/804F) repealed (with effect in accordance with Sch. 10 para. 17(2) of the repealing Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 10 para. 14(2)(e)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/14/2/e), [Sch. 27 Pt. 2(10)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/10), Note
[^c23804151]: [Ss. 804ZA-804ZC](https://www.legislation.gov.uk/ukpga/1988/1/section/804ZA) inserted (with effect in accordance with [s. 87(3)-(5)](https://www.legislation.gov.uk/ukpga/2005/7/section/87/3) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 87(1)](https://www.legislation.gov.uk/ukpga/2005/7/section/87/1)
@@ -50931,6 +48039,12 @@
[^c22897991]: [Ss. 806L](https://www.legislation.gov.uk/ukpga/1988/1/section/806L), [806M](https://www.legislation.gov.uk/ukpga/1988/1/section/806M) and cross-heading inserted (with effect in accordance with [Sch. 30 para. 23(2)(3)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/30/paragraph/23/2/3) of the amending Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 30 para. 23(1)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/30/paragraph/23/1)
[^c23806271]: [S. 807C](https://www.legislation.gov.uk/ukpga/1988/1/section/807C) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 258](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/258) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806291]: [S. 807E](https://www.legislation.gov.uk/ukpga/1988/1/section/807E) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 260](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/260) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806311]: [S. 807G](https://www.legislation.gov.uk/ukpga/1988/1/section/807G) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 262](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/262) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21628131]: [S. 808A](https://www.legislation.gov.uk/ukpga/1988/1/section/808A) inserted (16.7.1992 with application in relation to interest paid after 14.5.1992) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s.52](https://www.legislation.gov.uk/ukpga/1992/48/section/52)
[^c22899601]: [S. 810](https://www.legislation.gov.uk/ukpga/1988/1/section/810) repealed (with effect in accordance with Sch. 30 para. 26(2) of the repealing Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 30 para. 26(1)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/30/paragraph/26/1), [Sch. 40 Pt. 2(13)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/2/13), Note
@@ -50945,6 +48059,12 @@
[^c22898071]: [S. 807A](https://www.legislation.gov.uk/ukpga/1988/1/section/807A) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 46](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/46) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c23806211]: [S. 807B](https://www.legislation.gov.uk/ukpga/1988/1/section/807B) and preceding cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 257](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/257) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806231]: [S. 807D](https://www.legislation.gov.uk/ukpga/1988/1/section/807D) and preceding cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 259](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/259) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806251]: [S. 807F](https://www.legislation.gov.uk/ukpga/1988/1/section/807F) and preceding cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 261](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/261) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22898091]: [S. 808B](https://www.legislation.gov.uk/ukpga/1988/1/section/808B) inserted (with effect in accordance with [Sch. 30 para. 25(2)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/30/paragraph/25/2) of the amending Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 30 para. 25(1)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/30/paragraph/25/1)
[^c23806191]: [S. 815AZA](https://www.legislation.gov.uk/ukpga/1988/1/section/815AZA) inserted (with effect in accordance with [s. 59(2)](https://www.legislation.gov.uk/ukpga/2008/9/section/59/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 59(1)](https://www.legislation.gov.uk/ukpga/2008/9/section/59/1)
@@ -50981,6 +48101,8 @@
[^c23798981]: [Pt. 18](https://www.legislation.gov.uk/ukpga/1988/1/part/18) modified (with effect in accordance with s. 56(3) of the modifying Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [s. 56(1)](https://www.legislation.gov.uk/ukpga/2009/10/section/56/1)
[^c23816401]: [S. 817](https://www.legislation.gov.uk/ukpga/1988/1/section/817) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 265](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/265), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23816441]: [S. 818](https://www.legislation.gov.uk/ukpga/1988/1/section/818) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 203](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/203), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23816461]: [S. 819](https://www.legislation.gov.uk/ukpga/1988/1/section/819) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 204](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/204), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -51003,6 +48125,8 @@
[^c22800531]: Words in [s. 821(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/821/1/a) substituted (with effect in accordance with [Sch. 6 para. 28](https://www.legislation.gov.uk/ukpga/1996/8/schedule/6/paragraph/28) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 6 para. 22](https://www.legislation.gov.uk/ukpga/1996/8/schedule/6/paragraph/22)
[^c23812601]: Words in [s. 821(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/821/1/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 266](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/266), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23812541]: Words in [s. 821(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/821/1/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 330(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/330/f), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23812561]: [S. 821(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/821/3/a) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 205(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/205/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -51109,10 +48233,16 @@
[^c22803111]: [S. 826(1)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/d) and preceding word inserted (with effect in accordance with [s. 69(1)](https://www.legislation.gov.uk/ukpga/2000/17/section/69/1) of the amending Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 21 para. 1(2)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/21/paragraph/1/2)
[^c23813951]: Words in [s. 826(1)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2), [para. 56](https://www.legislation.gov.uk/ukpga/2009/4/paragraph/56))
[^c22803291]: [S. 826(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/e) and preceding word inserted (with effect in accordance with [s. 70(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/1) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 23 para. 3(2)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/23/paragraph/3/2)
[^c22803411]: [S. 826(1)(da)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/da) inserted (with effect in accordance with [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/5) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 14 para. 1(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/1/2)
[^c23814051]: [S. 826(1)(da)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/da) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2), [para. 56](https://www.legislation.gov.uk/ukpga/2009/4/paragraph/56))
[^c23813971]: Words in [s. 826(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/e) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2), [para. 56](https://www.legislation.gov.uk/ukpga/2009/4/paragraph/56))
[^c23813731]: [S. 826(1)(f)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/f) and preceding word inserted (1.1.2007) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 53(1)](https://www.legislation.gov.uk/ukpga/2006/25/section/53/1), [Sch. 5 para. 26(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/5/paragraph/26/2); [S.I. 2006/3399](https://www.legislation.gov.uk/uksi/2006/3399), [art. 2](https://www.legislation.gov.uk/uksi/2006/3399/article/2)
[^c23813861]: [S. 826(1)(g)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/1/g) and preceding word inserted (with effect in accordance with [Sch. 25 para. 9](https://www.legislation.gov.uk/ukpga/2008/9/schedule/25/paragraph/9) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 25 para. 7(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/25/paragraph/7/2)
@@ -51135,6 +48265,8 @@
[^c22803431]: [S. 826(3AA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/3AA) inserted (with effect in accordance with [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/5) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 14 para. 1(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/1/3)
[^c23814071]: [S. 826(3AA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/3AA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22803311]: [S. 826(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/3B) inserted (with effect in accordance with [s. 70(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/1) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 23 para. 3(3)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/23/paragraph/3/3)
[^c23813751]: [S. 826(3C)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/3C) inserted (1.1.2007) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 53(1)](https://www.legislation.gov.uk/ukpga/2006/25/section/53/1), [Sch. 5 para. 26(3)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/5/paragraph/26/3); [S.I. 2006/3399](https://www.legislation.gov.uk/uksi/2006/3399), [art. 2](https://www.legislation.gov.uk/uksi/2006/3399/article/2)
@@ -51147,6 +48279,8 @@
[^c22803091]: Words in [s. 826(4)(a)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/4/a/i) inserted (with effect in accordance with [s. 90(2)](https://www.legislation.gov.uk/ukpga/1999/16/section/90/2) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 90(1)(b)](https://www.legislation.gov.uk/ukpga/1999/16/section/90/1/b)
[^c23814091]: [S. 826(5)(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/5/5A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22802981]: [S. 826(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/5A) inserted (with effect in accordance with [s. 34(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/34/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 34(4)](https://www.legislation.gov.uk/ukpga/1998/36/section/34/4)
[^c22803021]: [S. 826(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7) repealed (with effect in accordance with Sch. 3 para. 38(6) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 3 para. 38(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/3/paragraph/38/3), [Sch. 27 Pt. 3(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/2), Note
@@ -51173,10 +48307,14 @@
[^c22802161]: Words in [s. 826(7C)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7C/b) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 48(1)(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/48/1/b) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c23813991]: Words in [s. 826(7C)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7C/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22802041]: Words in [s. 826(7C)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7C/c) inserted (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 24 para. 11(a)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/24/paragraph/11/a)
[^c22802061]: Words in [s. 826(7C)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7C) substituted (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 24 para. 11(b)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/24/paragraph/11/b)
[^c23814011]: Words in [s. 826(7C)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7C) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22802021]: [S. 826(7CA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7CA) inserted (with effect in accordance with [Sch. 24 para. 12(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/24/paragraph/12/4/5) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 24 para. 12(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/24/paragraph/12/2)
[^c22803061]: [S. 826(7AA)(7CA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7AA/7CA) repealed (with effect in accordance with Sch. 3 para. 38(7) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 3 para. 38(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/3/paragraph/38/4), [Sch. 27 Pt. 3(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/2), Note
@@ -51193,6 +48331,8 @@
[^c22803151]: Words in [s. 826(8A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/a) inserted (with effect in accordance with [s. 69(1)](https://www.legislation.gov.uk/ukpga/2000/17/section/69/1) of the amending Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 21 para. 1(4)(a)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/21/paragraph/1/4/a)
[^c23814031]: Word in [s. 826(8A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(6)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/6/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22803331]: Words in [s. 826(8A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/a) inserted (with effect in accordance with [s. 70(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/1) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 23 para. 3(4)(a)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/23/paragraph/3/4/a)
[^c23813771]: Words in [s. 826(8A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/a) substituted (1.1.2007) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 53(1)](https://www.legislation.gov.uk/ukpga/2006/25/section/53/1), [Sch. 5 para. 26(4)(a)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/5/paragraph/26/4/a); [S.I. 2006/3399](https://www.legislation.gov.uk/uksi/2006/3399), [art. 2](https://www.legislation.gov.uk/uksi/2006/3399/article/2)
@@ -51201,6 +48341,8 @@
[^c22803471]: Words in [s. 826(8A)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/b/ii) inserted (with effect in accordance with [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/5) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 14 para. 1(4)(b)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/1/4/b)
[^c23814121]: Words in [s. 826(8A)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/b/ii) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(6)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/6/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22803351]: Words in [s. 826(8A)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/b/ii) inserted (with effect in accordance with [s. 70(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/1) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 23 para. 3(4)(b)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/23/paragraph/3/4/b)
[^c23813791]: Words in [s. 826(8A)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/b/ii) inserted (1.1.2007) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 53(1)](https://www.legislation.gov.uk/ukpga/2006/25/section/53/1), [Sch. 5 para. 26(4)(b)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/5/paragraph/26/4/b); [S.I. 2006/3399](https://www.legislation.gov.uk/uksi/2006/3399), [art. 2](https://www.legislation.gov.uk/uksi/2006/3399/article/2)
@@ -51211,6 +48353,8 @@
[^c22803491]: Words in [s. 826(8BA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8BA) inserted (with effect in accordance with [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/5) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 14 para. 1(5)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/1/5)
[^c23814141]: Words in [s. 826(8BA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8BA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 267(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/267/7), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22803371]: Words in [s. 826(8BA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8BA) inserted (with effect in accordance with [s. 70(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/1) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 23 para. 3(5)(a)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/23/paragraph/3/5/a)
[^c23813811]: Words in [s. 826(8BA)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8BA) inserted (1.1.2007) by virtue of [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 53(1)](https://www.legislation.gov.uk/ukpga/2006/25/section/53/1), [Sch. 5 para. 26(5)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/5/paragraph/26/5); [S.I. 2006/3399](https://www.legislation.gov.uk/uksi/2006/3399), [art. 2](https://www.legislation.gov.uk/uksi/2006/3399/article/2)
@@ -51225,10 +48369,14 @@
[^c23816501]: [S. 827A](https://www.legislation.gov.uk/ukpga/1988/1/section/827A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 207](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/207), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23815941]: [S. 828](https://www.legislation.gov.uk/ukpga/1988/1/section/828) excluded (18.3.2010) by [Taxation (International and Other Provisions) Act 2010 (c. 8)](https://www.legislation.gov.uk/ukpga/2010/8), [ss. 372(4)](https://www.legislation.gov.uk/ukpga/2010/8/section/372/4), [381(2)(a)](https://www.legislation.gov.uk/ukpga/2010/8/section/381/2/a) (with [Sch. 9](https://www.legislation.gov.uk/ukpga/2010/8/schedule/9))
[^c21629661]: Source—1970 ss.65(5), 204, 231(3), 343 (1A); 1970(F) s.29(6), Sch.5 2(3), 10; 1972 ss.91(3), 108(4); 1973 Sch.16 17(2); 1975 (No.2) ss.47(10), 48(6), 69(9), 70(8), 70A(3); 1976 ss.64(4), 64A, (4) Sch.4 16(2); 1980 s.24(9); [Sch.10](https://www.legislation.gov.uk/ukpga/1988/1/schedule/10) 13(3); 1982 ss.28(5), 29(1), (3), Sch.7 14(2); 1984 ss.26(1), 88(8), 126(1), Sch.8 2(1)(f), 3A; 1983 Sch.5 5A(9), 6(8); 1986 s.28, 61, Sch.11 11, Sch.12 3, Sch.17 6(7).
[^c23815221]: [S. 828(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/3) excluded by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 22 para. 22C(3)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/22/paragraph/22C/3) (as inserted (1.7.2005) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 7 paras. 8](https://www.legislation.gov.uk/ukpga/2005/7/schedule/7/paragraph/8), [18(1)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/7/paragraph/18/1) (with [Sch. 7 paras. 19-21](https://www.legislation.gov.uk/ukpga/2005/7/schedule/7/paragraph/19)))
[^c23815931]: [S. 828(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/3) excluded (21.7.2009) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 22 para. 14(2)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/22/paragraph/14/2)
[^c21629681]: Source—1970 ss.65(5), 204, 343(1B); 1970(F) s.29(8), Sch.5 2(3), 10; 1973 Sch.16 17(2); 1975 (No.2) ss.47(10), 48(6), 69(9), 70(8), 70A(3); 1976 ss.64(4), 64A(4); 1982 s.29(5); 1983 Sch.5 5A(9), 6(9); 1984 ss.26(6), 88(8), Sch.8 2(1), 3A; 1986 ss.26, 27(7), 55, Sch.11 11, Sch.12 3, Sch.17 6(7)
[^c23815251]: [S. 828(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/4) modified (20.3.2007) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [ss. 1030(4)](https://www.legislation.gov.uk/ukpga/2007/3/section/1030/4), [1034(4)(b)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/4/b)
@@ -51237,6 +48385,8 @@
[^c23815121]: Words in [s. 828(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/4) inserted (10.7.2003) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 180(2)](https://www.legislation.gov.uk/ukpga/2003/14/section/180/2)
[^c23815911]: Words in [s. 828(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 269(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/269/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23815371]: Words in [s. 828(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/4) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 208(5)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/208/5/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23815201]: Words in [s. 828(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 334(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/334/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -51261,6 +48411,10 @@
[^c23816521]: [S. 829](https://www.legislation.gov.uk/ukpga/1988/1/section/829) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 209](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/209), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23816361]: Words in [s. 830](https://www.legislation.gov.uk/ukpga/1988/1/section/830) title omitted (1.4.2009 with effect in accordance with art. 1(2) of the repealing S.I.) by virtue of [The Corporation Tax Act 2009 (Amendment) Order 2009 (S.I. 2009/2860)](https://www.legislation.gov.uk/uksi/2009/2860), [arts. 1](https://www.legislation.gov.uk/uksi/2009/2860/article/1), [3(4)(b)](https://www.legislation.gov.uk/uksi/2009/2860/article/3/4/b)
[^c23816291]: [S. 830(2)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 270](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/270), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23816161]: [S. 830(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/5) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 106](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/106), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c22800331]: [S. 826A](https://www.legislation.gov.uk/ukpga/1988/1/section/826A) inserted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 4 para. 1(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/4/paragraph/1/2)
@@ -51269,6 +48423,8 @@
[^c21629861]: Source—1970 s.526(1), (2); 1987 Sch.15 12
[^c23816601]: [S. 831(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/831/3): definition of "CTA 2009" inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 271](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/271) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23816541]: [S. 831(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/831/3): definition of "ITEPA 2003" inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 107](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/107) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23816561]: [S. 831(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/831/3): definition of "ITTOIA 2005" inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 336](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/336) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -51347,6 +48503,8 @@
[^c21631571]: [1978 c. 30](https://www.legislation.gov.uk/ukpga/1978/30).
[^c23389401]: [Sch. A1](https://www.legislation.gov.uk/ukpga/1988/1/schedule/A1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 278](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/278), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389411]: [Sch. A2](https://www.legislation.gov.uk/ukpga/1988/1/schedule/A2) repealed (with effect in accordance with s. 26(8)-(11) of the repealing Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 26(2)](https://www.legislation.gov.uk/ukpga/2006/25/section/26/2), [Sch. 26 Pt. 3(1)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/3/1), Note
[^c21853671]: [Sch. 1](https://www.legislation.gov.uk/ukpga/1988/1/schedule/1) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note
@@ -51357,8 +48515,12 @@
[^c21846651]: [Sch. 4](https://www.legislation.gov.uk/ukpga/1988/1/schedule/4) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 50](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/50), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23389521]: [Sch. 4AA](https://www.legislation.gov.uk/ukpga/1988/1/schedule/4AA) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 279](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/279), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23389421]: [Sch. 4A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/4A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 342](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/342), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23390411]: [Sch. 5](https://www.legislation.gov.uk/ukpga/1988/1/schedule/5) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 280](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/280), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23390441]: [Sch. 5AA](https://www.legislation.gov.uk/ukpga/1988/1/schedule/5AA) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 344](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/344), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22777311]: [Sch. 5A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/5A) repealed (with effect in accordance with [Sch. 10 para. 7(1)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/10/paragraph/7/1) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 10 para. 1(2)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/10/paragraph/1/2), [Sch. 18 Pt. 6(10)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/18/part/6/10), Note 1; [S.I. 1997/991](https://www.legislation.gov.uk/uksi/1997/991), [art. 2](https://www.legislation.gov.uk/uksi/1997/991/article/2)
@@ -51833,6 +48995,8 @@
[^c23823091]: Words in [Sch. 19B para. 6(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19B/paragraph/6/2) inserted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 154(6)](https://www.legislation.gov.uk/ukpga/2006/25/section/154/6)
[^c23823701]: Words in [Sch. 19B para. 6(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19B/paragraph/6/6/b) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 283](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/283) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23823111]: Words in [Sch. 19B para. 15(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19B/paragraph/15/2) substituted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 154(7)](https://www.legislation.gov.uk/ukpga/2006/25/section/154/7)
[^c23823131]: [Sch. 19B para. 16(2A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19B/paragraph/16/2A) inserted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 154(8)](https://www.legislation.gov.uk/ukpga/2006/25/section/154/8)
@@ -51865,6 +49029,8 @@
[^c23316941]: Words in [Sch. 24 para. 1(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/1/3) substituted (with effect in accordance with [s. 154(9)](https://www.legislation.gov.uk/ukpga/1996/8/section/154/9) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 28 para. 6](https://www.legislation.gov.uk/ukpga/1996/8/schedule/28/paragraph/6)
[^c23826461]: Words in [Sch. 24 para. 1(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/1/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 286(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/286/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23317001]: [Sch. 24 para. 1(3A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/1/3A) inserted (with effect in accordance with [s. 182](https://www.legislation.gov.uk/ukpga/1996/8/section/182) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 36 para. 3(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/36/paragraph/3/2)
[^c23317431]: Words in [Sch. 24A para. 1(3A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24A/paragraph/1/3A/a) inserted (with effect in accordance with [Sch. 17 para. 37](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/37) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 17 para. 17(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/17/3); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
@@ -51965,6 +49131,12 @@
[^c23317891]: [Sch. 24 para. 11A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/11A) inserted (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 25 para. 6(4)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/25/paragraph/6/4)
[^c23826481]: Words in [Sch. 24 para. 12](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/12) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 286(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/286/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23826501]: Words in [Sch. 24 para. 12(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/12/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 286(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/286/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23826521]: Words in [Sch. 24 para. 12(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/12/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 286(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/286/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23318981]: [Sch. 24 paras. 13-19](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/13) repealed (with effect in accordance with s. 79(3) of the repealing Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 40 Pt. 3(10)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/10), Note
[^c23319001]: [Sch. 24 paras. 13-19](https://www.legislation.gov.uk/ukpga/1988/1/schedule/24/paragraph/13) repealed (with effect in accordance with s. 79(3) of the repealing Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 40 Pt. 3(10)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/10), Note
@@ -52091,6 +49263,8 @@
[^c23322771]: Words in [Sch. 25 para. 12(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/12/5/a) inserted (with effect in accordance with [Sch. 17 para. 37](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/37) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 17 para. 32(3)(b)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/32/3/b); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
[^c23827541]: Words in [Sch. 25 para. 12(6)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/12/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 287(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/287/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23827971]: [Sch. 25 Pt. 2](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/part/2) modified (21.7.2009) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 16 para. 17](https://www.legislation.gov.uk/ukpga/2009/10/schedule/16/paragraph/17) (with [Sch. 16 paras. 13-16](https://www.legislation.gov.uk/ukpga/2009/10/schedule/16/paragraph/13), [18-20](https://www.legislation.gov.uk/ukpga/2009/10/schedule/16/paragraph/18))
[^c23827041]: [Sch. 25 paras. 11A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/11A), [11B](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/11B) inserted (retrospective to 27.11.2002 with effect in accordance with [s. 200(2)(3)](https://www.legislation.gov.uk/ukpga/2003/14/section/200/2/3) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 200(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/200/4), [Sch. 42 para. 4](https://www.legislation.gov.uk/ukpga/2003/14/schedule/42/paragraph/4)
@@ -52113,6 +49287,8 @@
[^c23319231]: Words in [Sch. 26 para. 1(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/26/paragraph/1/2/a) substituted (with effect in accordance with [Sch. 17 para. 37](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/37) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 17 para. 34(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/34/3); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
[^c23828111]: Words in [Sch. 26 para. 1(3)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/26/paragraph/1/3/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 288](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/288) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828091]: [Sch. 26 para. 1(3)(cc)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/26/paragraph/1/3/cc) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 38(2)
[^c23319211]: Word at the end of Sch. 26 para. 1(3)(d) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
@@ -52219,6 +49395,16 @@
[^c21643301]: Entry in Sch. 29 para. 32 repealed (1.7.1992) by [Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)](https://www.legislation.gov.uk/ukpga/1992/9), [ss. 3](https://www.legislation.gov.uk/ukpga/1992/9/section/3), [7(2)](https://www.legislation.gov.uk/ukpga/1992/9/section/7/2), [Sch. 1](https://www.legislation.gov.uk/ukpga/1992/9/schedule/1)
[^c23836341]: [Sch. 30 paras. 2-4](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 292(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/292/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23836361]: [Sch. 30 paras. 2-4](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 292(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/292/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23836381]: [Sch. 30 paras. 2-4](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 292(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/292/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23836401]: [Sch. 30 para. 5](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/5) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 292(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/292/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23836321]: Words in [Sch. 30 para. 7(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/7/5/b) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 292(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/292/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22809731]: [Sch. 30 paras. 10-12](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/10) repealed (with effect in accordance with Sch. 29 Pt. 8(8) Note of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 29 Pt. 8(8)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/8)
[^c22809741]: [Sch. 30 paras. 10-12](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/10) repealed (with effect in accordance with Sch. 29 Pt. 8(8) Note of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 29 Pt. 8(8)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/8)
@@ -52231,8 +49417,12 @@
[^c21818231]: [Sch. 30 para. 18A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/18A) inserted by [Capital Allowances Act 1990 (c. 1)](https://www.legislation.gov.uk/ukpga/1990/1), [s. 164](https://www.legislation.gov.uk/ukpga/1990/1/section/164), [Sch. 1 para. 8(43)](https://www.legislation.gov.uk/ukpga/1990/1/schedule/1/paragraph/8/43)
[^c23377141]: [Sch. A1](https://www.legislation.gov.uk/ukpga/1988/1/schedule/A1) inserted (with effect in accordance with [s. 149(6)](https://www.legislation.gov.uk/ukpga/2003/14/section/149/6) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 149(3)](https://www.legislation.gov.uk/ukpga/2003/14/section/149/3), [Sch. 25](https://www.legislation.gov.uk/ukpga/2003/14/schedule/25)
[^c23377111]: [Sch. A2](https://www.legislation.gov.uk/ukpga/1988/1/schedule/A2) inserted (with effect in accordance with [s. 28(4)(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/28/4/5) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 28(2)(6)](https://www.legislation.gov.uk/ukpga/2004/12/section/28/2/6), [Sch. 3](https://www.legislation.gov.uk/ukpga/2004/12/schedule/3)
[^c23376121]: [Sch. 4AA](https://www.legislation.gov.uk/ukpga/1988/1/schedule/4AA) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 109](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/109) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c22747341]: [Sch. 4A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/4A) inserted (11.5.2001) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 71(2)](https://www.legislation.gov.uk/ukpga/2001/9/section/71/2), [Sch. 24 para. 1](https://www.legislation.gov.uk/ukpga/2001/9/schedule/24/paragraph/1)
[^c22746961]: [Sch. 5AA](https://www.legislation.gov.uk/ukpga/1988/1/schedule/5AA) inserted (with effect in accordance with [s. 80(6)(7)](https://www.legislation.gov.uk/ukpga/1997/16/section/80/6/7) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 80(2)](https://www.legislation.gov.uk/ukpga/1997/16/section/80/2), [Sch. 11](https://www.legislation.gov.uk/ukpga/1997/16/schedule/11)
@@ -52265,15 +49455,9 @@
[^c21568171]: [S. 6](https://www.legislation.gov.uk/ukpga/1988/1/section/6) applied (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 1(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/1/2), [289](https://www.legislation.gov.uk/ukpga/1992/12/section/289) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)).
[^c21568181]: Table K Vol.1.*See*—[Trustee Savings Bank Act 1985 (c.58)](https://www.legislation.gov.uk/ukpga/1985/58) s.5*and* Sch.2 para.6(2).1990(C) s.92—*balancing charge on a person liable to corporation tax in respect of dwelling houses let on assured tenancies to be made under* Sch.A.
[^c21568191]: Source—1970 s.238
[^c21568201]: *See* 1988(F) s.148*and* Sch.14 Part V*for repeals which will take place from* 6*April* 1993.
[^c21819241]: Words in [s. 6(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/6/4) repealed (with effect in accordance with Sch. 8 Pt. 2(4) Note of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 52](https://www.legislation.gov.uk/ukpga/1997/58/section/52), [Sch. 8](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8)
[^c21819261]: Words in [s. 6(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/6/4) repealed (with application in accordance with Sch. 33 Pt. 2(10) Note of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 110](https://www.legislation.gov.uk/ukpga/2001/9/section/110), [Sch. 33](https://www.legislation.gov.uk/ukpga/2001/9/schedule/33)
[^c23356211]: Words in [S. 6(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/6/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 2(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/2/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21568221]: *See*—1970(M) s.94—*set off to be disregarded in computing penalty for failure to deliver a return.*1990 ss.98*and* 132*and* Sch.19 Part V*for changes in relation to income tax falling to be set off against corporation tax for accounting periods ending after the appointed day* (*see* 1988 s.10).
@@ -52291,34 +49475,6 @@
[^c23347941]: [S. 7(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/7/2) excluded (1.9.2009) by [The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [reg. 69Z57](https://www.legislation.gov.uk/uksi/2006/964/regulation/69Z57) (as inserted by [The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 (S.I. 2009/2036)](https://www.legislation.gov.uk/uksi/2009/2036), [regs. 1](https://www.legislation.gov.uk/uksi/2009/2036/regulation/1), [24](https://www.legislation.gov.uk/uksi/2009/2036/regulation/24))
[^c21568301]: Source—1970 s.243 (1)-(3), (5)-(7); 1974 s.36; 1987(No. 2) s.90(1)(a)
[^c21568311]: [S. 8(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/8/3): the day appointed for the purposes of s. 8(3) is 30.9.1993 by [S.I. 1992/3066](https://www.legislation.gov.uk/uksi/1992/3066), [art. 2(2)(b)](https://www.legislation.gov.uk/uksi/1992/3066/article/2/2/b).
[^c21568321]: [S. 8(4)-(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/8/4) repealed (27.7.1993 with application in relation to resolutions passed after the day on which [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34) is passed) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [ss. 205(7)](https://www.legislation.gov.uk/ukpga/1993/34/section/205/7), [206(1)](https://www.legislation.gov.uk/ukpga/1993/34/section/206/1), [213](https://www.legislation.gov.uk/ukpga/1993/34/section/213), [Sch. 23 Pt.VI](https://www.legislation.gov.uk/ukpga/1993/34/schedule/23/part/VI)
[^c21568361]: Source—1970 s.250
[^c23332731]: [S. 9(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/3/a/b) substituted for words in s. 9(3) (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 4(a)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/4/a) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23332751]: Words in [s. 9(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/3) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 4(b)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/4/b) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23333931]: Words in [s. 9(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 7(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/7/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23333951]: Words in [s. 9(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 7(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/7/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23333871]: Words in [s. 9(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/3/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 7(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/7/3/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23333971]: Words in [s. 9(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 7(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/7/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23346571]: Words in [s. 9(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/2) renumbered as s. 9(2)(a) (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by virtue of [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 6(2)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/6/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23346711]: [S. 9(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/2/b) and preceding word inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 6(2)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/6/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23347211]: Words in [s. 9(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/4) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 6(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/6/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23347231]: Words in [s. 9(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/9/6) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 6(4)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/6/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21568511]: *See*—1970(M) s.94(2)—*set off to be disregarded in computing penalty for failure to make a return.*1990 ss.98*and* 132*and* Sch.19 Part V*for changes in relation to income tax falling to be set off against corporation tax for accounting periods ending after the appointed day* (*see* 1988 s.10).
[^c21819641]: [S. 11(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/11/3) applied (with modifications) (with effect in accordance with s. 105(1) of the applying Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 91(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/91/2) (with [Schs. 10](https://www.legislation.gov.uk/ukpga/1996/8/schedule/10), [11](https://www.legislation.gov.uk/ukpga/1996/8/schedule/11), [15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
@@ -52329,22 +49485,6 @@
[^c21819671]: Words in [s. 11(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/11/3) repealed (with effect as mentioned in Sch. 27 Pt. 3(28) Note of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 27 Pt. 3(28)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/28)
[^c21568541]: SOURCE-1970 s. 247; 1972 s. 107(1)
[^c21568551]: [1986 c. 45](https://www.legislation.gov.uk/ukpga/1986/45).
[^c21797591]: [S. 12(1)-(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/1) excluded (28.4.1997) by The Open-ended Investment Companies (Tax) Regulations 1997 (SI 1997/1154), {reg. 25(2)}
[^c21797511]: Words in [s. 12(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/5) inserted (with effect as mentioned in [Sch. 24 para. 11(4)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/24/paragraph/11/4) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 24 para. 11(2)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/24/paragraph/11/2/a)
[^c21797531]: Words in [s. 12(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/5) substituted (with effect as mentioned in [Sch. 4 para. 11(4)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/4/paragraph/11/4) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 24 para. 11(2)(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/24/paragraph/11/2/b)
[^c23332921]: [S. 12(3)(da)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/3/da) inserted (with effect in accordance with [Sch. 41 para. 5(1)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/5/1) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 41 para. 1(2)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/1/2)
[^c23332961]: Words in [s. 12(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/7) inserted (with effect in accordance with [Sch. 41 para. 5(1)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/5/1) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 41 para. 1(4)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/41/paragraph/1/4)
[^c23334381]: [S. 12(1)-(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/12/1) excluded (1.4.2006 with effect in accordance with reg. 1(2) of the affecting S.I.) by [The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2006/964/regulation/1/1), [79(2)](https://www.legislation.gov.uk/uksi/2006/964/regulation/79/2)
[^c21568671]: [S. 13](https://www.legislation.gov.uk/ukpga/1988/1/section/13) modified (for the financial year 1991 and subsequent financial years) by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 25(3)](https://www.legislation.gov.uk/ukpga/1991/31/section/25/3) [S. 13](https://www.legislation.gov.uk/ukpga/1988/1/section/13) modified (for the financial year 1994 and subsequent financial years) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 86(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/86/3)
[^c21568681]: SOURCE-1972 s. 95; 1973 Sch. 14 2, 4; 1983 (No. 2) s. 2(2); 1987 (No. 2) s. 74(4)
@@ -52411,377 +49551,23 @@
[^c21827291]: [S. 14(1)(3)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/14/1/3) repealed (with effect as mentioned in Sch. 3 para. 8(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [ss. 31](https://www.legislation.gov.uk/ukpga/1998/36/section/31), [165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 3 para. 8(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/3/paragraph/8/2), [Sch. 27 Pt. 3(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/2) Note
[^c21828901]: [Ss. 15-17](https://www.legislation.gov.uk/ukpga/1988/1/section/15): Schs. A-C excluded (with effect in accordance with s. 230(3) of the excluding Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 219(2)(b)(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/219/2/b/4) (with [s. 220](https://www.legislation.gov.uk/ukpga/1994/9/section/220))
[^c21568981]: SOURCE-1970(1)–(3)
[^c21568991]: *See*—1970(M) s.19—*information for purposes of* Sch.A*and associated* Sch.D*charges.*1990(C ) s.9(5)—*manner of making allowances and charges.*1990(C) s.67(3)—*allowances in respect of leased assets employed for thermal insulation.*1990(C) s.92—*allowances in respect of dwelling houses let on assured tenancies.*
[^c21569021]: [S. 51(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/51/3) repealed (with effect from 6.4.1988) by [Finance Act 1988 (c. 39)](https://www.legislation.gov.uk/ukpga/1988/39), [s.148](https://www.legislation.gov.uk/ukpga/1988/39/section/148), [Sch. 14 Part V](https://www.legislation.gov.uk/ukpga/1988/39/schedule/14), Note 1
[^c22720711]: [S. 15(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1): Sch. A substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/1) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c22720721]: [S. 15(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1A) inserted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 2](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/2) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c22720741]: [S. 15(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/2) repealed (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4)
[^c22720771]: [S. 15(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1): words in Sch. A para. 2(3) repealed (with effect in accordance with s. 79(3) of, and Sch. 23 to, the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 141](https://www.legislation.gov.uk/ukpga/2002/23/section/141), [Sch. 40 Pt. 3(10)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/10)
[^c22720751]: [S. 15(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1): words in Sch. A para. 2(3) substituted (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 83(1)(b)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/1/b), [Sch. 27 para. 2](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/2) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c22720781]: [S. 15(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1): words in Sch. A para. 1(4)(b) repealed (S.) (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [Sch. 12 para. 50(2)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/50/2), [Sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^c23334701]: [S. 15(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1): Sch. A para. 2(3) excluded (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 120(3)(4)](https://www.legislation.gov.uk/ukpga/2006/25/section/120/3/4)
[^c23347461]: [S. 15(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1): Sch. A para. 2(3) excluded (6.4.2008) by [The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [reg. 69Z1(3)](https://www.legislation.gov.uk/uksi/2006/964/regulation/69Z1/3) (as inserted by [The Authorised Investment Funds (Tax) (Amendment) Regulations 2008 (S.I.2008/705)](https://www.legislation.gov.uk/uksi/2008/705), [regs. 1](https://www.legislation.gov.uk/uksi/2008/705/regulation/1), [5](https://www.legislation.gov.uk/uksi/2008/705/regulation/5))
[^c23334081]: Words in [s. 15(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1A/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 8(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/8/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23334101]: Words in [s. 15(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/1A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 8(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/8/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23334121]: [S. 15(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/3A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 8(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/8/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23334141]: Words in [s. 15(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/15/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 8(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/8/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21569121]: SOURCE-1970 s. 108(1)
[^c21569131]: *See, as regards exemption, the following provisions of this Act:*—s.320—*Commonwealth Agents—General and official agents etc.*[s.322](https://www.legislation.gov.uk/ukpga/1988/1/section/322)—*certain consular officers and employees.*[s.323](https://www.legislation.gov.uk/ukpga/1988/1/section/323)—*visiting forces and staffs of allied headquarters.*[s.325](https://www.legislation.gov.uk/ukpga/1988/1/section/325)—*certain savings bank interest.*[s.326](https://www.legislation.gov.uk/ukpga/1988/1/section/326)—*sums payable under certified contractual saving schemes.*[s.327](https://www.legislation.gov.uk/ukpga/1988/1/section/327)—*interest on damages for personal injuries.*[s.328](https://www.legislation.gov.uk/ukpga/1988/1/section/328)—*funds in court.*[s.330](https://www.legislation.gov.uk/ukpga/1988/1/section/330)—*German annuities in compensation for National Socialist persecution.*[s.438](https://www.legislation.gov.uk/ukpga/1988/1/section/438)—*annuity funds of insurance companies doing pension business.*[s.459](https://www.legislation.gov.uk/ukpga/1988/1/section/459)*to* 461—*certain friendly societies.*[s.467](https://www.legislation.gov.uk/ukpga/1988/1/section/467)—*certain trade unions*[s.476](https://www.legislation.gov.uk/ukpga/1988/1/section/476)—*certain dividends and interest payable by building societies* (*Repealed by* 1990 s.30*and* Sch.5 para.2*for* 1991-92*and subsequent years.*).s.484—*savings banks.*[s.505](https://www.legislation.gov.uk/ukpga/1988/1/section/505)*and* 506—*charities.*[s.507](https://www.legislation.gov.uk/ukpga/1988/1/section/507)—*British Museum.*[s.508](https://www.legislation.gov.uk/ukpga/1988/1/section/508)—*scientific research associations.*[s.510](https://www.legislation.gov.uk/ukpga/1988/1/section/510)—*agricultural societies.*[s.514](https://www.legislation.gov.uk/ukpga/1988/1/section/514)—*funds for reducing National Debt.*[s.517](https://www.legislation.gov.uk/ukpga/1988/1/section/517)—*issue departments of Reserve Bank of India and State Bank of Pakistan.*[s.519](https://www.legislation.gov.uk/ukpga/1988/1/section/519)—*local authorities.*[s.578](https://www.legislation.gov.uk/ukpga/1988/1/section/578)—*housing grants.*[s.581](https://www.legislation.gov.uk/ukpga/1988/1/section/581)—*interest on certain local authority borrowing in foreign currency.*[s.613(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/613/4)—*Parliamentary pension funds.*[s.614](https://www.legislation.gov.uk/ukpga/1988/1/section/614)—*national insurance supplementary schemes etc; and certain Indian family pension funds.*[s.614(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/614/3)—*certain pension funds for Crown service abroad.*[s.614](https://www.legislation.gov.uk/ukpga/1988/1/section/614)*and* 615—*certain pension funds for overseas employees.*[s.620(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/620/5)*and* (6)—*approved retirement annuity trust schemes.*[s.656](https://www.legislation.gov.uk/ukpga/1988/1/section/656)*and* 657—*certain purchased life annuities.*[s.688](https://www.legislation.gov.uk/ukpga/1988/1/section/688)—*certain interest received by trustees of schemes for directors and employees to acquire shares.* *See also*—1989 s.43*for periods of account ending after* 5*April* 1989*involving emoluments.*Income Tax (Repayment of Post-War Credits) Act 1959 s.2(4) (*see* Part II Vol.5)—*interest on post-war credits.*[Diplomatic Privileges Act 1964 (c.81)](https://www.legislation.gov.uk/ukpga/1964/81).[Commonwealth Secretariat Act 1966 (c.10)](https://www.legislation.gov.uk/ukpga/1966/10), [s.1(2)](https://www.legislation.gov.uk/ukpga/1966/10/section/1/2)*and* Sch. Part I para.3—*the Commonwealth Secretariat.*[International Organisations Act 1968 (c.48)](https://www.legislation.gov.uk/ukpga/1968/48)—*certain international organisations and persons connected therewith.*Double taxation agreements (listed in Part III Vol.5)*in force under* ss.788-799*of this Act as to certain persons resident abroad.*
[^c21569141]: *See* 1970(M) Part VIII*as to charges on non-residents.*
[^c21569161]: SOURCE-1970 s. 109(1), (2)
[^c21569171]: *See*—1988 s.79A(4)—*charge on contributor to training and enterprise councils and local enterprise companies who receives benefits in return.*[S.I](https://www.legislation.gov.uk/ukpga/1988/1/section/I). [1987 No.530](https://www.legislation.gov.uk/ukcm/1987/530) (*in* Part III Vol.5) regn.8—*computation of profits and gains in respect of payments attributable to non-resident entertainers and sportsmen.*
[^c21569181]: *See*—1989 s.94*and* Sch.11 para.5—*deep gain securities transferred on or after* 14*March* 1989.S.I. [1986 No. 1948](https://www.legislation.gov.uk/ukcm/1986/1948) (*in* Part III Vol.5) regn.8(2)(d)—*interest on cash deposits which are plan investments under personal equity plans.*1990 s.56*and* Sch.10 para.12(4)—*treatment of chargeable events in relation to convertible securities.*[Housing Act 1957 (c.56)](https://www.legislation.gov.uk/ukpga/1957/56) Sch.8 para.4*and* [Housing (Scotland) Act 1966 (c.49)](https://www.legislation.gov.uk/ukpga/1966/49) Sch.7 para.4—*interest on certain small holdings of housing bonds.*[Housing Subsidies Act 1967 (c.29)](https://www.legislation.gov.uk/ukpga/1967/29) s.24(2)(c) (*reproduced in* Part II Vol.5)—*payment received by lender from Minister in respect of subsidised loan.*
[^c21569191]: *See*—1989 s.94*and* Sch.11 para.5—*deep gain securities transferred on or after* 14*March* 1989.1990 s.56*and* Sch.10 paras.12(4)*and* 20—*treatment of chargeable events in relation to income received in the U.K. from convertible securities.*
[^c21569201]: *See also*—1990 ss.9(5)*and* 15—*certain balancing charges on lessors and others in respect of industrial buildings, machinery, etc.*1970(M) s.30—*recovery of overpayment of tax, etc.*1988 s.79A(4)—*charge on contributor to training and enterprise councils and local enterprise companies who receives benefit in return.*1989 ss.68, 71—*charge on certain profits or gains of employee share ownership trusts.*1990(C) s.92(2)—*balancing charge in respect of dwelling houses let on assured tenancies.*[S.I](https://www.legislation.gov.uk/ukpga/1988/1/section/I). [1956 No.1230](https://www.legislation.gov.uk/ukcm/1956/1230) (*in* Part III Vol. 5) regns. 4*and* 15—*additional liabilities in respect of purchased life annuities in certain contingencies.*[S.I](https://www.legislation.gov.uk/ukpga/1988/1/section/I). [1989 No.469](https://www.legislation.gov.uk/ukcm/1989/469) (*in* Part III Vol. 5) regn.22(3)—*assessments to recover tax in respect of income under personal equity plans.*
[^c21569211]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case I extended (with effect for the year 1992-93 and subsequent years of assessment) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [s. 171(2)(a)(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/171/2/a/4), [184(3)](https://www.legislation.gov.uk/ukpga/1993/34/section/184/3) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case I restricted (with effect for the year 1992-93 and subsequent years of assessment) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [ss. 171(2)(b)(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/171/2/b/4), [184(3)](https://www.legislation.gov.uk/ukpga/1993/34/section/184/3) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case 1 extended (with application in accordance with s. 219(4) of the extending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 219(2)(a)](https://www.legislation.gov.uk/ukpga/1994/9/section/219/2/a) (with [s. 220](https://www.legislation.gov.uk/ukpga/1994/9/section/220)) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case I modified (29.7.1996) by [Broadcasting Act 1996 (c. 55)](https://www.legislation.gov.uk/ukpga/1996/55), [ss. 135](https://www.legislation.gov.uk/ukpga/1996/55/section/135), [149(1)(f)](https://www.legislation.gov.uk/ukpga/1996/55/section/149/1/f), [Sch. 7 para. 19](https://www.legislation.gov.uk/ukpga/1996/55/schedule/7/paragraph/19) (with [s. 43(6)](https://www.legislation.gov.uk/ukpga/1996/55/section/43/6)) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Cases I, II, VI extended (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 47(4)](https://www.legislation.gov.uk/ukpga/1998/36/section/47/4) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Cases I, II restricted (with application in accordance with s. 42(3) of the restricting Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 42(1)(2)](https://www.legislation.gov.uk/ukpga/1998/36/section/42/1/2) (with [s. 42(4)(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/42/4/5)) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Cases I, III, V modified (with effect in accordance with s. 117(4)(5) of the modifying Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 117(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/117/1), [Sch. 18 para. 84](https://www.legislation.gov.uk/ukpga/1998/36/schedule/18/paragraph/84) (with [Sch. 18 para. 59(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/18/paragraph/59/2)) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Cases I, VI restricted (with application in accordance with s. 46(7) of the restricting Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 46(1)-(6)](https://www.legislation.gov.uk/ukpga/2000/17/section/46/1)
[^c21792421]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Cases II-VI excluded (with effect in accordance with s. 230(3) of the excluding Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 219(2)(b)(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/219/2/b/4) (with [s. 220](https://www.legislation.gov.uk/ukpga/1994/9/section/220))
[^c21569221]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case VI extended (16.7.1992 with effect in relation to chargeable periods ending after 10.3.1992) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 66](https://www.legislation.gov.uk/ukpga/1992/48/section/66), [Sch. 12 paras. 1](https://www.legislation.gov.uk/ukpga/1992/48/schedule/12/paragraph/1), [3(1)](https://www.legislation.gov.uk/ukpga/1992/48/schedule/12/paragraph/3/1), [7](https://www.legislation.gov.uk/ukpga/1992/48/schedule/12/paragraph/7). [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case VI extended (27.7.1993 with effect as mentioned in [s. 165](https://www.legislation.gov.uk/ukpga/1993/34/section/165) of the amending Act) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [ss. 130(2)(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/130/2/4), [165](https://www.legislation.gov.uk/ukpga/1993/34/section/165) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case VI restricted (27.7.1993) by [Agriculture Act 1993 (c. 37)](https://www.legislation.gov.uk/ukpga/1993/37), [s. 12](https://www.legislation.gov.uk/ukpga/1993/37/section/12), [Sch. 2 paras. 19(2)](https://www.legislation.gov.uk/ukpga/1993/37/schedule/2/paragraph/19/2), [20(2)](https://www.legislation.gov.uk/ukpga/1993/37/schedule/2/paragraph/20/2) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case VI extended (with application in accordance with Sch. 20 para. 11(1)(2) of the extending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 218](https://www.legislation.gov.uk/ukpga/1994/9/section/218), [Sch. 20 para. 11(3)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/20/paragraph/11/3) (with [Sch. 20 para. 12(2)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/20/paragraph/12/2)) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case VI extended (with effect in accordance with s. 117(4)(5) of the extending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 117(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/117/1), [Sch. 18 para. 52(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/18/paragraph/52/4) (with [Sch. 18 para. 59(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/18/paragraph/59/2)) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case VI extended (with effect in accordance with s. 579 of the extending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [ss. 256(2)(b)(4)](https://www.legislation.gov.uk/ukpga/2001/2/section/256/2/b/4) (with [Sch. 3 paras. 54](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/54), [55](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/55))
[^c21569241]: SOURCE-1970 ss. 108(3), 109(3)
[^c21792911]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D excluded (with effect in accordance with s. 39(4)(5) of the excluding Act) by [Income and Corporation Taxes Act 1988 (c. 1)](https://www.legislation.gov.uk/ukpga/1988/1), [s. 588(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/4A) (as inserted by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 24](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/24))
[^c21792731]: [S. 18(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3): words in Sch. D Case I inserted (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 2](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/2)
[^c21792851]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case III extended (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 157(7)](https://www.legislation.gov.uk/ukpga/1995/4/section/157/7) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case III applied (with effect as mentioned in s. 105(1) of the affecting Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 83(9)](https://www.legislation.gov.uk/ukpga/1996/8/section/83/9), [Sch. 8 para. 3(4)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/8/paragraph/3/4), [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case III modified (with effect as mentioned in s. 105(1) of the modifying Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 83(9)](https://www.legislation.gov.uk/ukpga/1996/8/section/83/9), [Sch. 8 para. 3(5)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/8/paragraph/3/5), [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15) [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Cases III, IV extended (with effect in accordance with s. 105(1) of the extending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 102](https://www.legislation.gov.uk/ukpga/1996/8/section/102), [Sch. 13 para. 1(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/13/paragraph/1/1) (with [Sch. 13 para. 16](https://www.legislation.gov.uk/ukpga/1996/8/schedule/13/paragraph/16), [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c21792961]: [S. 18(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/1): words in Sch. D para. (b) substituted (with effect as mentioned in [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 7 para. 4(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/4/1) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
[^c21792981]: [S. 18(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3): words in Sch. D Case III para. (c) substituted (with effect as mentioned in [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 7 para. 4(2)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/4/2/a) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
[^c21793061]: [S. 18(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3): words in Sch. D Case IV repealed (with effect as mentioned in [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [ss. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [205](https://www.legislation.gov.uk/ukpga/1996/8/section/205), [Sch. 7 para. 4(2)(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/4/2/b), [Sch. 41 Pt. V(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/V/2), Note (with Sch. 7 paras. 33-35)
[^c21794021]: [S. 18](https://www.legislation.gov.uk/ukpga/1988/1/section/18): Sch. D Case V extended (27.7.1999) by [Commonwealth Development Corporation Act 1999 (c. 20)](https://www.legislation.gov.uk/ukpga/1999/20), [s. 20](https://www.legislation.gov.uk/ukpga/1999/20/section/20), [Sch. 3 para. 6(3)](https://www.legislation.gov.uk/ukpga/1999/20/schedule/3/paragraph/6/3) (with [Sch. 3 para. 1](https://www.legislation.gov.uk/ukpga/1999/20/schedule/3/paragraph/1))
[^c21793001]: [S. 18(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3): words in Sch. D Case VI substituted (with effect as mentioned in [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 7 para. 4(2)(c)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/4/2/c) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
[^c21793081]: [S. 18(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3A) inserted (with effect as mentioned in [s. 105](https://www.legislation.gov.uk/ukpga/1996/8/section/105) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 104](https://www.legislation.gov.uk/ukpga/1996/8/section/104), [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/5) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c21793021]: [S. 18(3B)-(3E)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3B) inserted (with effect as mentioned in [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 7 para. 4(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/4/3) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
[^c21793041]: Words in [s. 18(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/5) substituted (with effect as mentioned in [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 79](https://www.legislation.gov.uk/ukpga/1996/8/section/79), [Sch. 7 para. 4(4)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/4/4) (with [Sch. 7 paras. 33-35](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/33))
[^c23332821]: [S. 18(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/1): words in Sch. D para. (b) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 5(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/5/2) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23332831]: [S. 18(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3): words in Sch. D Case V substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 5(3)(a)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/5/3/a) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23332841]: [S. 18(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3): words in Sch. D Case VI substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 5(3)(b)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/5/3/b) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23333121]: [S. 18(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/6) inserted (with effect in accordance with [s. 97(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/97/5) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 105(4)](https://www.legislation.gov.uk/ukpga/2004/12/section/105/4) (with [s. 106](https://www.legislation.gov.uk/ukpga/2004/12/section/106))
[^c23334181]: [S. 18(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/4A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 9(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/9/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23334201]: Words in [s. 18(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/5) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 9(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/9/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23334221]: [S. 18(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 9(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/9/4), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23357441]: [S. 18(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/18/3A): Sch. D Case III para. (c) repealed (with effect in accordance with Sch. 7 para. 12(9)(13) of the repealing Act) by virtue of [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 7 para. 12(9)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/12/9), [Sch. 11 Pt. 2(8)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/8), Note
[^c21569491]: SOURCE-1970 s. 90(1); 1972 s. 81(3)
[^c21569501]: SOURCE-1970 s. 90(2)
[^c21569511]: SOURCE-1970 s. 90(2A), (2B); 1972 s. 81(4)
[^c21569521]: SOURCE-1970 s. 90(3)
[^c21569531]: SOURCE-1970 s. 71(2)
[^c21819701]: Words in [s. 24(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/2) substituted (with effect in accordance with [s. 134(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 134(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/1), [Sch. 20 Para. 1](https://www.legislation.gov.uk/ukpga/1996/8/schedule/20/paragraph/1)
[^c21819721]: [S. 24(6)(c)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/6/c/7) and word preceding s. 24(6)(c) repealed (with effect as mentioned in s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note
[^c21856561]: [1988 c. 39](https://www.legislation.gov.uk/ukpga/1988/39).
[^c21856571]: [1989 c. 26](https://www.legislation.gov.uk/ukpga/1989/26).
[^c21856601]: [S. 21A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/5) inserted (with effect in accordance with [s. 70(1)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/1) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 70(3)](https://www.legislation.gov.uk/ukpga/2001/9/section/70/3), [Sch. 23 para. 1](https://www.legislation.gov.uk/ukpga/2001/9/schedule/23/paragraph/1)
[^c23348091]: Words in [s. 21A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/2) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 7(a)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/7/a) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23348111]: Words in [S. 21A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/2) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 7(b)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/7/b) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23348131]: Words in [s. 21A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/2) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 7(c)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/7/c) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23351541]: [S. 21A](https://www.legislation.gov.uk/ukpga/1988/1/section/21A) applied (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 120(2)](https://www.legislation.gov.uk/ukpga/2006/25/section/120/2)
[^c23351741]: [S. 21A](https://www.legislation.gov.uk/ukpga/1988/1/section/21A) applied (6.4.2008) by the [Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [reg. 69Z1(2)](https://www.legislation.gov.uk/uksi/2006/964/regulation/69Z1/2) (as inserted by [The Authorised Investment Funds (Tax) (Amendment) Regulations 2008 (S.I. 2008/705)](https://www.legislation.gov.uk/uksi/2008/705), [regs. 1](https://www.legislation.gov.uk/uksi/2008/705/regulation/1), [5](https://www.legislation.gov.uk/uksi/2008/705/regulation/5))
[^c23348191]: Words in [s. 21A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/2) repealed (6.4.2006) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 42 Pt. 3](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/3), Note (with Sch. 36)
[^c23348351]: Words in [s. 21A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 12(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/12/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23348171]: Words in [s. 21A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/2) inserted (6.4.2006) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 284](https://www.legislation.gov.uk/ukpga/2004/12/section/284), [Sch. 35 para. 3](https://www.legislation.gov.uk/ukpga/2004/12/schedule/35/paragraph/3) (with [Sch. 36](https://www.legislation.gov.uk/ukpga/2004/12/schedule/36))
[^c23348371]: Words in [s. 21A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 12(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/12/3/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23348391]: Words in [s. 21A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/21A/4) repealed (with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 12(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/12/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23348411]: Words in [s. 21B](https://www.legislation.gov.uk/ukpga/1988/1/section/21B) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 13(a)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/13/a/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349101]: Words in [s. 21B](https://www.legislation.gov.uk/ukpga/1988/1/section/21B) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 13(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/13/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23351561]: Words in [s. 21B](https://www.legislation.gov.uk/ukpga/1988/1/section/21B) substituted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 102(3)](https://www.legislation.gov.uk/ukpga/2006/25/section/102/3)
[^c23349121]: Word in [s. 21C](https://www.legislation.gov.uk/ukpga/1988/1/section/21C) (1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 14(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/14/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349141]: Words in [s. 21C](https://www.legislation.gov.uk/ukpga/1988/1/section/21C) (4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 14(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/14/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21805301]: [S. 30(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/30/1) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 7](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/7)
[^c21569731]: SOURCE-1970 s. 76
[^c21569741]: *See* 1979(C) s.34(4)(b)—*restriction, by reference to capital allowances, of capital losses for purpose of capital gains.*
[^c21805311]: Words in [s. 30(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/30/1) substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 11](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/11) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23349161]: Words in [s. 30(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/30/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 15(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/15/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349181]: Words in [s. 30(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/30/2/a) substituted (with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 15(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/15/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349201]: [S. 30(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/30/2A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 15(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/15/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21569961]: *See* 1976(D) s.34*and* Sch.6 para.4. 1976(D)*repealed by* 1985 ss.93, 98(6)*and* Sch.27 Part. X*with effect from* 19*March* 1985.
[^c21569971]: SOURCE-1970 s. 80(1), (2)
[^c21569981]: SOURCE-1970 s. 80(2); 1987 Sch. 15 para. 13
[^c21569991]: SOURCE-1970 s. 80(3), (4)
[^c21570001]: SOURCE-1970 s. 80(5)
[^c21570011]: SOURCE-1970 s. 80(6), (7); 1972 s. 81(1)
[^c21570021]: *See* 1979(C) s.106*and* Sch.3 paras.5*and* 7—*exclusion of amounts taxed under this section in computing capital gains.*
[^c21794731]: [S. 34](https://www.legislation.gov.uk/ukpga/1988/1/section/34) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 9](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/9)
[^c21794711]: [S. 34(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/9) repealed (with effect in accordance with s. 39(4)(5) of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 162](https://www.legislation.gov.uk/ukpga/1995/4/section/162), [Sch. 29 Pt. 08(01)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/08/01), Note
[^c21794841]: Words in [s. 34(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/1) substituted (with effect as mentioned in [s. 40(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 40(2)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/2)
[^c21794761]: Words in [s. 34(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/3) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 15(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/15/3), (with Sch. 5 para. 73)
[^c21794861]: Words in [s. 34(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/4/a) substituted (with effect as mentioned in [s. 40(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 40(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/3/a)
[^c21794881]: Words in [s. 34(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/4/b) substituted (with effect as mentioned in [s. 40(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 40(3)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/3/b)
[^c21794901]: Words in [s. 34(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/5/a) substituted (with effect as mentioned in [s. 40(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 40(4)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/4/a)
[^c21794921]: Words in [s. 34(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/5/b) substituted (with effect as mentioned in [s. 40(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 40(4)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/40/4/b)
[^c21794781]: Words in [s. 34(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/6) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 15(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/15/4), (with Sch. 5 para. 73)
[^c21794801]: [S. 34(7A)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/7A) inserted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 15(5)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/15/5), (with Sch. 5 para. 73)
[^c21794821]: Words in [s. 34(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/8) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 15(6)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/15/6), (with Sch. 5 para. 73)
[^c23349221]: Words in [s. 34](https://www.legislation.gov.uk/ukpga/1988/1/section/34) (1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349331]: Words in [s. 34(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349351]: Words in [s. 34(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349371]: Words in [s. 34(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349391]: Word in [s. 34(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(3)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/3/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349411]: Word in [s. 34(7A)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/7A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349431]: Word in [s. 34(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/8) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349531]: Words in [s. 34(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/8) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349551]: Words in [s. 34(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/34/8) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 17(5)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/17/5/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21570031]: *See* 1979(C) s.106*and* Sch.3 para.6(2)—1979(C) s.31 (*exclusion from capital gains computation of sums charged to income tax or corporation tax*)*not to apply to amounts on which tax paid under* s.35.
[^c21797731]: [S. 35](https://www.legislation.gov.uk/ukpga/1988/1/section/35) excluded (19.9.1994) by [Coal Industry Act 1994 (c. 21)](https://www.legislation.gov.uk/ukpga/1994/21), [ss. 21](https://www.legislation.gov.uk/ukpga/1994/21/section/21), [68(4)](https://www.legislation.gov.uk/ukpga/1994/21/section/68/4), [Sch. 4 para. 15(1)](https://www.legislation.gov.uk/ukpga/1994/21/schedule/4/paragraph/15/1) (with [s. 40(7)](https://www.legislation.gov.uk/ukpga/1994/21/section/40/7)); [S.I. 1994/2189](https://www.legislation.gov.uk/uksi/1994/2189), [art. 2](https://www.legislation.gov.uk/uksi/1994/2189/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1994/2189/schedule) [S. 35](https://www.legislation.gov.uk/ukpga/1988/1/section/35) excluded (8.11.1995) by [Atomic Energy Authority Act 1995 (c. 37)](https://www.legislation.gov.uk/ukpga/1995/37), [s. 8](https://www.legislation.gov.uk/ukpga/1995/37/section/8), [Sch. 3 para. 9(1)](https://www.legislation.gov.uk/ukpga/1995/37/schedule/3/paragraph/9/1) [S. 35](https://www.legislation.gov.uk/ukpga/1988/1/section/35) excluded (24.7.1996) by [Broadcasting Act 1996 (c. 55)](https://www.legislation.gov.uk/ukpga/1996/55), [ss. 135](https://www.legislation.gov.uk/ukpga/1996/55/section/135), [149(1)(f)](https://www.legislation.gov.uk/ukpga/1996/55/section/149/1/f), [Sch. 7 para. 21(1)](https://www.legislation.gov.uk/ukpga/1996/55/schedule/7/paragraph/21/1)
[^c21570041]: SOURCE-1970 s. 81(1)
[^c21797691]: [S. 35(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/35/2) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 10](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/10)
[^c21570051]: SOURCE-1970 s. 81(2)
[^c21797771]: Words in [s. 35(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/35/2) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 16(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/16/3), (with Sch. 5 para. 73)
[^c21797791]: [S. 35(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/35/2A) inserted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 16(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/16/4), (with Sch. 5 para. 73)
[^c23349571]: Words in [s. 35(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/35/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 18(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/18/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349591]: Words in [s. 35(2A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/35/2A/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 18(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/18/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349611]: Words in [s. 35(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/35/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 18(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/18/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21805371]: [S. 36](https://www.legislation.gov.uk/ukpga/1988/1/section/36) excluded (retrospective to 11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [ss. 252(1)(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/1/3), [Sch. 24 para. 24](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/24)
[^c21570061]: *See* 1976(D) Sch.6 para.4. 1976(D)*repealed by* 1985 ss.93, 98(6)*and* Sch.27 Part X*with effect from* 19*March* 1985.
[^c21805381]: [S. 36(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/1) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 11](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/11)
[^c21570071]: SOURCE-1970 s. 82(1), (2)
[^c21570081]: *See* 1979(C) s.106*and* Sch.3 para.6(3)—*effect of claim under* s.36(2)(b)*on computation of capital gains.*
[^c21570091]: SOURCE-1970 S. 82(3)
[^c21570101]: *See* 1979(C) s.106*and* Sch.3 para.5(3)—*deduction of amounts chargeable under* s.36*in computing capital gains.*
[^c21570111]: SOURCE-1970 s. 82(1), (3)
[^c21805411]: Words in [s. 36(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/1) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 17(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/17/3/a) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c21805431]: Words in [s. 36(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/1) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 17(3)(b)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/17/3/b) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c21805451]: [S. 36(4A)(4B)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/4A/4B) inserted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 17(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/17/4) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23349631]: Words in [s. 36(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 19(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/19/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349661]: Words in [s. 36(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 19(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/19/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349681]: Words in [s. 36(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/2/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 19(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/19/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349701]: Words in [s. 36(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/2/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 19(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/19/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349721]: Words in [s. 36(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 19(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/19/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349741]: Words in [s. 36(4A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/36/4A/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 19(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/19/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21799401]: [S. 37](https://www.legislation.gov.uk/ukpga/1988/1/section/37) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 12](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/12)
[^c21570121]: SOURCE-1970 s. 83(1); 1978 s. 32(2)
[^c21570161]: *See* 1979(C) s.106*and* Sch.3 para.6(1)—*allowance under this subsection to be deducted from any loss on disposal of lease.*
[^c21570171]: SOURCE-1970 s. 83(2)
[^c21570181]: SOURCE-1970 s. 83(3)
[^c21570191]: SOURCE-1970 s. 83(4)
[^c21570201]: SOURCE-1970 s. 83(5)
[^c21570211]: *See* 1976(D) Sch.6 para.4(4)—*no account to be taken of any deduction of realised development value.* 1976(D)*repealed by* 1985 ss.93, 98(6)*and* Sch.27 Part X*with effect from* 19*March* 1985.
[^c21570221]: SOURCE-1970 s. 83(7)
[^c21799441]: [S. 37(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/1/a/b) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 18(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/18/2), (with Sch. 5 para. 73)
[^c21570151]: 1990 s.89*and* Sch.14 para.2 (*correction of errors*)—*deemed always to have had effect. Previously* “subsection (2) below”, “this subsection” *and* “the amount of that tax” *respectively.*
[^c21799461]: Words in [s. 37(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/2/b) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 18(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/18/3/a), (with Sch. 5 para. 73)
[^c21799481]: Words in [s. 37(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/2) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 18(3)(b)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/18/3/b), (with Sch. 5 para. 73)
[^c21799501]: Words in [s. 37(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/3) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 18(4)(a)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/18/4/a), (with Sch. 5 para. 73)
[^c21799521]: Words in [s. 37(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/3) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 18(4)(b)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/18/4/b), (with Sch. 5 para. 73)
[^c21799541]: Words in [s. 37(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/4) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 18(5)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/18/5), (with Sch. 5 para. 73)
[^c23348441]: Word in [s. 37(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/1/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/2/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349761]: [S. 37(1)(c)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/1/c/d) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349781]: Words in [s. 37(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349801]: Word in [s. 37(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349821]: Words in [s. 37(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349841]: Word in [S. 37(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349861]: Words in [s. 37(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349871]: Words in [s. 37(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349891]: Words in [s. 37(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349911]: [S. 37(7)(b)(iii)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/7/b/iii) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(6)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/6) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349931]: Words in [s. 37(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/8) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/7) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349951]: Words in [s. 37(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(8)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/8/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349971]: Words in [s. 37(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/9) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(8)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/8/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23349991]: [S. 37(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/37/10) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 20(9)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/20/9) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21570231]: SOURCE-1970 S. 84(1)(b)–(d); 1972 s. 81(2)(a), (b)
[^c21570241]: [S. 38(1)(a)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/38/1/a/4) excluded (16.7.1992) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 77](https://www.legislation.gov.uk/ukpga/1992/48/section/77), [Sch. 17 paras. 5(4)(6)](https://www.legislation.gov.uk/ukpga/1992/48/schedule/17/paragraph/5/4/6), [6(1)](https://www.legislation.gov.uk/ukpga/1992/48/schedule/17/paragraph/6/1), [7](https://www.legislation.gov.uk/ukpga/1992/48/schedule/17/paragraph/7).
[^c21570251]: SOURCE-1970 s. 84(2); 1972 s. 81(2)(c)
[^c21570271]: SOURCE-1970 s. 84(3A); 1972 s. 81(5)
[^c21570281]: SOURCE-1970 s. 84(3); 1972 s. 81(2)(d)
[^c21570291]: *See* 1990(C) s.11(4)—*rules applied in connection with leases for industrial buildings and structures.*
[^c21570301]: SOURCE-1970 s. 84(4)
[^c21799581]: [S. 38(1)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/38/1)(6) applied (with effect in accordance with s. 579 of the affecting Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [s. 291(3)](https://www.legislation.gov.uk/ukpga/2001/2/section/291/3)
[^c21799561]: Words in [s. 38(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/38/4) substituted (with effect as mentioned in [s. 134(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 134(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/1), [Sch. 20 para. 2](https://www.legislation.gov.uk/ukpga/1996/8/schedule/20/paragraph/2)
[^c23350031]: Words in [s. 38(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/38/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 22(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/22/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350051]: Words in [s. 38(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/38/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 22(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/22/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21570311]: SOURCE-1970 s. 85(1)
[^c21570321]: *Repealed by* 1988(F) ss.75, 148*and* Sch.14 Part IV*for* 1988-89*and subsequent years.*
[^c21570331]: SOURCE-1970 s. 86
[^c21805531]: Words in [s. 40(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/1) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 20(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/20/2), (with Sch. 5 para. 73)
[^c21805551]: Words in [s. 40(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/3/b) substituted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 20(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/20/3), (with Sch. 5 para. 73)
[^c21805571]: [S. 40(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/4A) inserted (with effect as mentioned in [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [Sch. 5 para. 20(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/20/4), (with Sch. 5 para. 73)
[^c21805591]: [S. 40(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/5) ceased to have effect except for specified purposes (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by virtue of [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 39(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/3), [Sch. 6 para. 4(f)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/4/f); and s. 40(5) repealed (with effect as mentioned in s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [ss. 38(1)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/1), [165](https://www.legislation.gov.uk/ukpga/1998/36/section/165), [Sch. 5 para. 20(5)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/20/5), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note (with Sch. 5 paras. 65, 73)
[^c23350071]: Word in [s. 40(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 23(a)(i)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/23/a/i) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350091]: Words in [s. 40(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 23(a)(ii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/23/a/ii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350111]: Word in [s. 40(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 23(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/23/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350131]: Word in [s. 40(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/3) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 23(c)(i)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/23/c/i) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350151]: Words in [s. 40(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/40/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 23(c)(ii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/23/c/ii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23351961]: Word in [s. 24(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/1) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 13(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/13/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23351981]: [S. 24(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/1): definition of "premium" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 13(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/13/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23352001]: [S. 24(2)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 13(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/13/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23352041]: [S. 24(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/5): definitions of "intermediate landlord", "premium" and "reversion" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 13(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/13/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23352081]: [S. 24(6)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/24/6/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 13(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/13/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23348231]: [S. 42](https://www.legislation.gov.uk/ukpga/1988/1/section/42) applied (3.11.2004 with effect in accordance with reg. 1(1) of the affecting S.I.) by The Energy-[Saving Items (Deductions for Expenditure etc.) Regulations 2004 (S.I. 2004/2664)](https://www.legislation.gov.uk/uksi/2004/2664), [reg. 4](https://www.legislation.gov.uk/uksi/2004/2664/regulation/4)
@@ -52791,64 +49577,16 @@
[^c23350171]: Words in [s. 42(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/42/1) renumbered as s. 42(1)(a) (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by virtue of [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 24(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/24/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350191]: Words in [s. 42(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/42/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 24(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/24/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23350211]: [S. 42(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/42/1/b) and preceding word inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 24(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/24/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21570411]: *And see, as regards Ulster Savings Certificates,* Part III Vol.5.
[^c21570421]: SOURCE-1981 S. 34(1)
[^c21570431]: SOURCE-1970 s. 98
[^c21570441]: SOURCE-1981 s. 34(2)–(5); 1979 (C) s. 71(2)(a)
[^c21570451]: [1968 c. 13](https://www.legislation.gov.uk/ukpga/1968/13).
[^c21570461]: [1958 c.6](https://www.legislation.gov.uk/ukpga/1958/6).
[^c21570471]: [1920 c.18](https://www.legislation.gov.uk/ukpga/1920/18).
[^c21570481]: [1972 c. 65](https://www.legislation.gov.uk/ukpga/1972/65).
[^c23353721]: Word in [s. 46(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/46/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 31(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/31/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23353741]: Words in [s. 46(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/46/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 31(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/31/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23353761]: Words in [s. 46(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/46/4/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 31(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/31/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23353801]: [S. 46(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/46/7) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 31(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/31/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21570681]: SOURCE-1970 s. 110(1), (2)
[^c21570691]: SOURCE-1970 s. 110(3)
[^c21570701]: 1988(F) Sch.6 para.6(7),*into force on* 6*April* 1988*subject to certain provisos. Previously* “(4) Subsection (3) above shall not affect the taxation of woodlands which are managed on a commercial basis and with a view to the realisation of profits”.
[^c21852211]: Words in [s. 53(1)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/1/3) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21852231]: Words in [s. 53(1)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/1/3) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23357971]: Word in [s. 53(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 32(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/32/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23357991]: Words in [s. 53(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 32(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/32/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358011]: Words in [s. 53(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 32(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/32/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358031]: Words in [s. 53(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/3) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 32(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/32/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23384881]: [S. 53(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/53/5) inserted (with effect in accordance with [Sch. 17 para. 28(4)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/28/4) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 28(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/28/1)
[^c21852241]: Word in [s. 55(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/55/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23358051]: Word in [s. 55(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/55/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 33](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/33) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23384901]: [S. 55(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/55/3) inserted (with effect in accordance with [Sch. 17 para. 28(4)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/28/4) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 28(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/28/2)
[^c23367551]: [S. 42(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/42/1/a) and word repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 18(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/18/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23352141]: Words in [s. 42(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/42/4) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 133(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/133/2)
[^c23352161]: Words in [s. 42(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/42/5) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 133(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/133/3)
[^c21570911]: *See* s.608—*exemption for certain superannuation funds.*
[^c23358091]: Words in [s. 56(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 34(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/34/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23376721]: Words in [s. 56(3)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/56/3/c) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 9](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/9) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23359501]: Words in [s. 59(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/59/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 35(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/35/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -52857,94 +49595,6 @@
[^c23359521]: Words in [s. 59(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/59/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 35(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/35/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21571531]: SOURCE-1970 s. 129(1)
[^c21571541]: SOURCE-1970 s. 129(4)
[^c21571551]: SOURCE-1970 s. 129(5)
[^c21861051]: [S. 70](https://www.legislation.gov.uk/ukpga/1988/1/section/70) excluded (with application in accordance with s. 65(1)(3)(4) of the excluding Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 65(2)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/65/2/a)
[^c21833081]: Words in [s. 70(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/70/3) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 7](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/7) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c21858921]: Words in [S. 70A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/70A/6) repealed (with effect in accordance with s. 579(1) of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [ss. 578](https://www.legislation.gov.uk/ukpga/2001/2/section/578), [580](https://www.legislation.gov.uk/ukpga/2001/2/section/580), [Sch. 2 para. 14](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/14), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4) (with [Sch. 3](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3))
[^c21571571]: *See* S.I. [1987 No. 530](https://www.legislation.gov.uk/ukcm/1987/530) (in Part III Vol. 5) regn. 16—*payments attributable to non-resident entertainers and sportsmen.*
[^c21571581]: SOURCE-1970 ss. 127(1), 129(2)
[^c21571591]: SOURCE-1970 s. 127(2), 527(4)
[^c21827611]: Word in [s. 72(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/72/2) substituted (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 121](https://www.legislation.gov.uk/ukpga/1995/4/section/121)
[^c23359661]: Words in [s. 72(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/72/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 44(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/44/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358451]: Words in [s. 72(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/72/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 44(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/44/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21571611]: *See*—1979(C) s.122—*election to take capital gain or loss into account when asset appropriated to stock in trade.*1989 ss.67-74—*employee share ownership trusts.*[Banking Act 1987 (c.22)](https://www.legislation.gov.uk/ukpga/1987/22) s.66—*contributions to the Deposit Protection Fund.*
[^c21571621]: SOURCE-1970 s. 130(a)–(m); 1987 Sch. 15para. 2(9)
[^c21571631]: *See* 1989 ss.112-113—*expenditure on security on or after* 6*April* 1989.
[^c21571661]: SOURCE-1970 s. 130(n), (o)
[^c21826011]: [S. 74](https://www.legislation.gov.uk/ukpga/1988/1/section/74) excluded (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 159(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/159/4) (with [Sch. 18 paras. 1(3)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/18/paragraph/1/3), [2(3)(4)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/18/paragraph/2/3/4), [3(3)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/18/paragraph/3/3))
[^c21826031]: [S. 74](https://www.legislation.gov.uk/ukpga/1988/1/section/74) renumbered as s. 74(1) (3.5.1994) by virtue of [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 144(2)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/2)
[^c21826061]: [S. 74(1)(j)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/j) substituted (with effect in accordance with [s. 144(6)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/6) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 144(1)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/1)
[^c21826101]: [S. 74(1)(o)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/o) substituted (with effect in accordance with [s. 81(6)](https://www.legislation.gov.uk/ukpga/1994/9/section/81/6) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [Sch. 9 para. 1](https://www.legislation.gov.uk/ukpga/1994/9/schedule/9/paragraph/1)
[^c21826051]: [S. 74(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/2) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9) {s. 144(2)}
[^c21833101]: [S. 74](https://www.legislation.gov.uk/ukpga/1988/1/section/74) excluded (with effect in accordance with s. 105(1) of the excluding Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 82(7)](https://www.legislation.gov.uk/ukpga/1996/8/section/82/7) (with [ss. 98](https://www.legislation.gov.uk/ukpga/1996/8/section/98), [99](https://www.legislation.gov.uk/ukpga/1996/8/section/99), [Schs. 10](https://www.legislation.gov.uk/ukpga/1996/8/schedule/10), [11](https://www.legislation.gov.uk/ukpga/1996/8/schedule/11), [15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c21847301]: [S. 74(1)(q)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/q) repealed (with effect in accordance with Sch. 18 Pt. 6(2) Note of the repealing Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 18 Pt. 6(2)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/18/part/6/2)
[^c21861071]: [S. 74](https://www.legislation.gov.uk/ukpga/1988/1/section/74) excluded (with effect in accordance with s. 83(3) of the excluding Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 26 Para. 14(4)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/26/paragraph/14/4) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c21852371]: Words in [s. 74(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21853971]: [S. 74(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/a) extended (1.1.1999) by [The European Single Currency (Taxes) Regulations 1998 (S.I. 1998/3177)](https://www.legislation.gov.uk/uksi/1998/3177), [regs. 1](https://www.legislation.gov.uk/uksi/1998/3177/regulation/1), [5](https://www.legislation.gov.uk/uksi/1998/3177/regulation/5)
[^c21861091]: [S. 74(1)(m)(p)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/m/p) restricted (with effect in accordance with Sch. 29 Pt. 14 of the affecting Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 29 para. 8(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/29/paragraph/8/3) (with [Sch. 29 para. 8(4)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/29/paragraph/8/4))
[^c21852381]: Words in [s. 74(1)(m)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/m) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23356371]: [S. 74(1)(n)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/n) repealed (with effect in accordance with s. 37 of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 42 Pt. 2(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/2), Note
[^c23359681]: Words in [s. 74(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 45(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/45/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359701]: Words in [s. 74(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 45(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/45/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359721]: Words in [s. 74(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 45(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/45/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358481]: [S. 74(1)(b)(o)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/b/o) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 45(d)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/45/d/f), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369191]: [S. 74(1)(j)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/j) repealed (with effect in accordance with s. 80(3)(4) of the repealing Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 1](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/1), [Sch. 11 Pt. 2(5)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/11/part/2/5), Note
[^c23369211]: [S. 74(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/2) repealed (with effect in accordance with s. 80(3)(4) of the repealing Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 1](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/1), [Sch. 11 Pt. 2(5)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/11/part/2/5), Note
[^c23384991]: [S. 74(1)(da)](https://www.legislation.gov.uk/ukpga/1988/1/section/74/1/da) inserted (with effect in accordance with [s. 73(6)](https://www.legislation.gov.uk/ukpga/2008/9/section/73/6) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 73(3)](https://www.legislation.gov.uk/ukpga/2008/9/section/73/3)
[^c21860671]: [S. 75](https://www.legislation.gov.uk/ukpga/1988/1/section/75) modified (with effect in accordance with s. 70(1) of the modifying Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 22 para. 27](https://www.legislation.gov.uk/ukpga/2001/9/schedule/22/paragraph/27) (with [Sch. 22 para. 32](https://www.legislation.gov.uk/ukpga/2001/9/schedule/22/paragraph/32))
[^c23356411]: [S. 75](https://www.legislation.gov.uk/ukpga/1988/1/section/75) substituted (with effect in accordance with ss. 42, 43 of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 38(1)(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/38/1/5)
[^c23376271]: [S. 75](https://www.legislation.gov.uk/ukpga/1988/1/section/75) modified (6.4.2006) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [ss. 196(3)](https://www.legislation.gov.uk/ukpga/2004/12/section/196/3), [199(2)(b)](https://www.legislation.gov.uk/ukpga/2004/12/section/199/2/b), [200(b)](https://www.legislation.gov.uk/ukpga/2004/12/section/200/b), [246(2)(b)(3)(b)](https://www.legislation.gov.uk/ukpga/2004/12/section/246/2/b/3/b), [284(1)](https://www.legislation.gov.uk/ukpga/2004/12/section/284/1) (with [Sch. 36](https://www.legislation.gov.uk/ukpga/2004/12/schedule/36))
[^c23356431]: [S. 75(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/75/1) modified (22.7.2004) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 43(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/43/5)
[^c23385501]: [S. 75](https://www.legislation.gov.uk/ukpga/1988/1/section/75) modified by [The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [reg. 69Z24A(4)(b)](https://www.legislation.gov.uk/uksi/2006/964/regulation/69Z24A/4/b) (as inserted (1.1.2009 with effect in accordance with reg. 1(2)(3) of the amending S.I.) by [The Authorised Investment Funds (Tax) (Amendment No. 3) Regulations 2008 (S.I. 2008/3159)](https://www.legislation.gov.uk/uksi/2008/3159), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2008/3159/regulation/1/1), [27](https://www.legislation.gov.uk/uksi/2008/3159/regulation/27))
[^c23384551]: [S. 75(2A)-(2C)](https://www.legislation.gov.uk/ukpga/1988/1/section/75/2A) inserted (with effect in accordance with [s. 28(5)(6)](https://www.legislation.gov.uk/ukpga/2007/11/section/28/5/6) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 28(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/28/2)
[^c23384581]: [S. 75(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/75/5A) inserted (with effect in accordance with [s. 28(5)(6)](https://www.legislation.gov.uk/ukpga/2007/11/section/28/5/6) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 28(3)](https://www.legislation.gov.uk/ukpga/2007/11/section/28/3)
[^c23384601]: [S. 75(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/75/11) inserted (with effect in accordance with [s. 28(5)(6)](https://www.legislation.gov.uk/ukpga/2007/11/section/28/5/6) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 28(4)](https://www.legislation.gov.uk/ukpga/2007/11/section/28/4)
[^c23356491]: [S. 76](https://www.legislation.gov.uk/ukpga/1988/1/section/76) substituted (with effect in accordance with ss. 42, 44 of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 40](https://www.legislation.gov.uk/ukpga/2004/12/section/40)
[^c23369731]: [S. 76](https://www.legislation.gov.uk/ukpga/1988/1/section/76) modified (12.8.2005 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 (S.I. 2005/2014)](https://www.legislation.gov.uk/uksi/2005/2014), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/2014/regulation/1/1), [5](https://www.legislation.gov.uk/uksi/2005/2014/regulation/5) (as amended: (14.8.2007 with effect in accordance with reg. 1(2) of the amending S.I.) by [S.I. 2007/2134](https://www.legislation.gov.uk/uksi/2007/2134), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2007/2134/regulation/1/1), [5](https://www.legislation.gov.uk/uksi/2007/2134/regulation/5); (12.8.2008 with effect in accordance with reg. 1(2) of the amending S.I.) by [S.I. 2008/1937](https://www.legislation.gov.uk/uksi/2008/1937), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2008/1937/regulation/1/1), [3](https://www.legislation.gov.uk/uksi/2008/1937/regulation/3))
@@ -52997,861 +49647,57 @@
[^c23385071]: [S. 76(9A)-(9E)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/9A) inserted (with effect in accordance with [Sch. 17 para. 5(4)-(7)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/5/4) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 5(3)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/5/3)
[^c23358511]: [S.77](https://www.legislation.gov.uk/ukpga/1988/1/section/77) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 47](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/47), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21834651]: [S. 78](https://www.legislation.gov.uk/ukpga/1988/1/section/78) repealed with saving (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 10](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/10), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c21572171]: SOURCE-1982 s. 48(1)–(4)
[^c21572181]: SOURCE-1982 s. 48(5)
[^c21572191]: SOURCE-1982 s. 48(6)–(9)
[^c21856471]: [S. 79](https://www.legislation.gov.uk/ukpga/1988/1/section/79): functions transferred (1.7.1999 immediately after the coming into force of [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46), [s. 53](https://www.legislation.gov.uk/ukpga/1998/46/section/53)) by [The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)](https://www.legislation.gov.uk/uksi/1999/672), [arts. 1(2)](https://www.legislation.gov.uk/uksi/1999/672/article/1/2), [2](https://www.legislation.gov.uk/uksi/1999/672/article/2), [Sch. 1](https://www.legislation.gov.uk/uksi/1999/672/schedule/1)
[^c21856481]: [S. 79(4)(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/4/8): functions transferred (1.7.1999) by [The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)](https://www.legislation.gov.uk/uksi/1999/1750), [arts. 1(1)](https://www.legislation.gov.uk/uksi/1999/1750/article/1/1), [2](https://www.legislation.gov.uk/uksi/1999/1750/article/2), [Sch. 1](https://www.legislation.gov.uk/uksi/1999/1750/schedule/1) (with [art. 7](https://www.legislation.gov.uk/uksi/1999/1750/article/7))
[^c21852411]: Words in [s. 79(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21858671]: Words in [s. 79(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/11) repealed (28.7.2000) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 88](https://www.legislation.gov.uk/ukpga/2000/17/section/88), [Sch. 40 Pt. 2(9)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/2/9)
[^c23356861]: Words in [s. 79(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/2) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 3(2)
[^c23356901]: [S. 79(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/2A) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 3(3)
[^c23359841]: Word in [s. 79(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359861]: Words in [s. 79(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359891]: Words in [s. 79(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359911]: Word in [s. 79(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359931]: Words in [s. 79(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359951]: Words in [s. 79(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/9) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359971]: Words in [s. 79(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360001]: Words in [s. 79(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360021]: Words in [s. 79(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360041]: Words in [s. 79(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/9) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(4)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/4/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360071]: Words in [s. 79(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/79/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 48(4)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/48/4/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572211]: 1990 s.76.
[^c21826241]: Words in [s. 79A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/1) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 145(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/145/3)
[^c21826261]: Word in [s. 79A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/3) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 145(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/145/3)
[^c21826281]: [S. 79A(5)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/5/aa) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 145(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/145/4)
[^c21826321]: Words in [s. 79A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/7) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 145(5)](https://www.legislation.gov.uk/ukpga/1994/9/section/145/5)
[^c21852421]: Words in [s. 79A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21858701]: Words in [s. 79A(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/5/b) repealed (28.7.2000) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 40 Pt. 2(9)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/2/9)
[^c21858691]: Words in [s. 79A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/7) repealed (28.7.2000) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 88](https://www.legislation.gov.uk/ukpga/2000/17/section/88), [Sch. 40 Pt. 2(9)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/40/part/2/9)
[^c23359591]: Words in [s. 79A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/2) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para 3(2)
[^c23359601]: [S. 79A(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/2A) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 3(3)
[^c23360091]: Word in [s. 79A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/1) substituted (with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360111]: Words in [s. 79A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360141]: Words in [s. 79A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360161]: Word in [s. 79A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360181]: Words in [s. 79A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360221]: Words in [s. 79A(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/4/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360241]: Words in [s. 79A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360271]: Words in [s. 79A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/4/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360291]: Words in [s. 79A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360311]: Words in [s. 79A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(4)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/4/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360341]: Words in [s. 79A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 49(4)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/49/4/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358531]: [S. 80-82](https://www.legislation.gov.uk/ukpga/1988/1/section/80) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 51-53](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/51), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358551]: [S. 80-82](https://www.legislation.gov.uk/ukpga/1988/1/section/80) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 51-53](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/51), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358561]: [S. 80-82](https://www.legislation.gov.uk/ukpga/1988/1/section/80) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 51-53](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/51), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572251]: SOURCE-1970 s. 132
[^c21572261]: [Sch.7 para.36(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/7/paragraph/36/2) [Copyright, Designs and Patents Act 1988 (c.48)](https://www.legislation.gov.uk/ukpga/1988/48)—*in force on* 1*August* 1989. (*Commencement order*—S.I. [1989 No.816](https://www.legislation.gov.uk/ukcm/1989/816)—*not reproduced.*)*Previously* “the extension of the period of copyright in a design”.
[^c21827491]: [S. 83(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/83/a) modified (31.10.1994) by [Trade Marks Act 1994 (c. 26)](https://www.legislation.gov.uk/ukpga/1994/26), [s. 109(1)](https://www.legislation.gov.uk/ukpga/1994/26/section/109/1), [Sch. 4 para. 1(1)(2)](https://www.legislation.gov.uk/ukpga/1994/26/schedule/4/paragraph/1/1/2); [S.I. 1994/2550](https://www.legislation.gov.uk/uksi/1994/2550), [art. 2](https://www.legislation.gov.uk/uksi/1994/2550/article/2)
[^c21827471]: Words in [s. 83](https://www.legislation.gov.uk/ukpga/1988/1/section/83) repealed (31.10.1994) by [Trade Marks Act 1994 (c. 26)](https://www.legislation.gov.uk/ukpga/1994/26), [s. 109(1)](https://www.legislation.gov.uk/ukpga/1994/26/section/109/1), [Sch. 5](https://www.legislation.gov.uk/ukpga/1994/26/schedule/5); [S.I. 1994/2550](https://www.legislation.gov.uk/uksi/1994/2550), [art. 2](https://www.legislation.gov.uk/uksi/1994/2550/article/2)
[^c21852461]: Words in [s. 83](https://www.legislation.gov.uk/ukpga/1988/1/section/83) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23360671]: Words in [s. 83](https://www.legislation.gov.uk/ukpga/1988/1/section/83) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 56](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/56) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572291]: [S. 84](https://www.legislation.gov.uk/ukpga/1988/1/section/84) substituted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 68(1)(2)](https://www.legislation.gov.uk/ukpga/1991/31/section/68/1/2)
[^c21856451]: [S. 84](https://www.legislation.gov.uk/ukpga/1988/1/section/84): functions transferred (1.7.1999 immediately after the coming into force of [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46), [s. 53](https://www.legislation.gov.uk/ukpga/1998/46/section/53)) by [The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)](https://www.legislation.gov.uk/uksi/1999/672), [arts. 1(2)](https://www.legislation.gov.uk/uksi/1999/672/article/1/2), [2](https://www.legislation.gov.uk/uksi/1999/672/article/2), [Sch. 1](https://www.legislation.gov.uk/uksi/1999/672/schedule/1)
[^c21834661]: Words in [s. 84(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/3) substituted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 2(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/2/2)
[^c21834681]: [S. 84(3A)(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/3A/3B) inserted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 2(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/2/3)
[^c21859171]: Words in [s. 84(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/1/a) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 17(1)(a)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/17/1/a)
[^c21859141]: [S. 84(1)(b)(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/1/b/3/b) and preceding words repealed (with effect in accordance with s. 579 of the repealing Act) by Capital Allowances Act 2001 (c, 2), Sch. 2 para. 17(1)(b)(3), {Sch. 4}
[^c21859211]: Words in [s. 84(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/2) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 17(2)(a)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/17/2/a)
[^c21859231]: Words in [s. 84(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/2) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 17(2)(b)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/17/2/b)
[^c21859251]: Words in [s. 84(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/4/a) inserted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 17(4)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/17/4)
[^c23360931]: Words in [s. 84(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360951]: Words in [s. 84(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360971]: Words in [s. 84(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360991]: Words in [s. 84(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361011]: [S. 84(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/3A): by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/4) it is provided that "In subsection (3A) for "above is--" to the end substitute "the period of two years beginning at the end of the accounting period in which the gift is made."" (in force 6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/883/1) of the amending Act) (with Sch. 2)
[^c23358571]: [S. 84(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/3B) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/5), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361031]: Words in [s. 84(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361051]: Words in [s. 84(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361081]: Words in [s. 84(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361101]: Words in [s. 84(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(6)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/6/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361131]: Words in [s. 84(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 58(6)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/58/6/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572311]: SOURCE-1978 s. 60
[^c21858731]: [S. 85](https://www.legislation.gov.uk/ukpga/1988/1/section/85) amended (28.7.2000) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 50](https://www.legislation.gov.uk/ukpga/2000/17/section/50)
[^c21852481]: Words in [s. 85(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/85/1/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23357011]: [S. 85(1)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/85/1/b/c) substituted for s. 85(1)(b) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 5(2)
[^c21572331]: SOURCE-1983 s. 28; 1984 s. 33; 1987 s. 34
[^c21856741]: Words in [s. 86(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/3) repealed (retrospectively) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 58(2)(5)](https://www.legislation.gov.uk/ukpga/1999/16/section/58/2/5), [Sch. 20 Pt. 3(14)](https://www.legislation.gov.uk/ukpga/1999/16/schedule/20/part/3/14), Note
[^c21856761]: [S. 86(3)(a)-(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/3/a) substituted (with effect in accordance with [s. 58(6)](https://www.legislation.gov.uk/ukpga/1999/16/section/58/6) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 58(3)](https://www.legislation.gov.uk/ukpga/1999/16/section/58/3)
[^c21856781]: [S. 86(4)-(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/4) inserted (with effect in accordance with [s. 58(6)](https://www.legislation.gov.uk/ukpga/1999/16/section/58/6) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 58(4)](https://www.legislation.gov.uk/ukpga/1999/16/section/58/4)
[^c23357131]: Words in [s. 86(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/1) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 7(2)
[^c23357151]: [S. 86(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/2): definition of "deductible" substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 7(3)
[^c23361171]: Words in [s. 86(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 60(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/60/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361191]: Words in [s. 86(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 60(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/60/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361211]: [S. 86(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/86/2): words in definition of "deductible" inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 60(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/60/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572371]: *See*—1976(D) Sch.6 para.4(4)—*no account to be taken of any deduction of realised development value.* 1976(D)*repealed by* 1985 ss.93, 98(6)*and* Sch.27 Part X*from* 19*March* 1985.1990(C) s.111—*reduction of qualifying expenditure for premium relief.*
[^c21827511]: [S. 87](https://www.legislation.gov.uk/ukpga/1988/1/section/87) excluded (19.9.1994) by [Coal Industry Act 1994 (c. 21)](https://www.legislation.gov.uk/ukpga/1994/21), [s. 68(4)](https://www.legislation.gov.uk/ukpga/1994/21/section/68/4), [Sch. 4 para. 15(2)](https://www.legislation.gov.uk/ukpga/1994/21/schedule/4/paragraph/15/2) (with [s. 40(7)](https://www.legislation.gov.uk/ukpga/1994/21/section/40/7)); [S. I. 1994/2189](https://www.legislation.gov.uk/uksi/1994/2189), [art. 2](https://www.legislation.gov.uk/uksi/1994/2189/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1994/2189/schedule)
[^c21572381]: SOURCE-1970 s. 134(1); 1978 s. 32
[^c21572391]: SOURCE-1970 s. 134(2), (3); 1978 s. 32
[^c21572401]: SOURCE-1970 s. 134(4)
[^c21572411]: SOURCE-1970 s. 134(4)(a)
[^c21572421]: SOURCE-1970 s. 134(4)(b)
[^c21572431]: SOURCE-1970 s. 134(5), (6); 1986 Sch. 13 para. 26
[^c21572451]: *Words repealed by* 1990(C) s.164(4)*and* Sch.2.*See* 1989*edition for these provisions.*
[^c21572461]: SOURCE-1970 s. 134(1)(i), (ii)
[^c21832891]: [S. 87](https://www.legislation.gov.uk/ukpga/1988/1/section/87) excluded (8.11.1995) by [Atomic Energy Authority Act 1995 (c. 37)](https://www.legislation.gov.uk/ukpga/1995/37), [Sch. 3 para. 9(2)](https://www.legislation.gov.uk/ukpga/1995/37/schedule/3/paragraph/9/2)
[^c21847131]: [S. 87](https://www.legislation.gov.uk/ukpga/1988/1/section/87) excluded (24.7.1996) by [Broadcasting Act 1996 (c. 55)](https://www.legislation.gov.uk/ukpga/1996/55), [s. 149(1)(f)](https://www.legislation.gov.uk/ukpga/1996/55/section/149/1/f), [Sch 7 para. 21(2)](https://www.legislation.gov.uk/ukpga/1996/55/schedule/7/paragraph/21/2) (with [s. 43(6)](https://www.legislation.gov.uk/ukpga/1996/55/section/43/6))
[^c21827711]: [S. 87(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/1) modified (with effect in accordance with s. 39(4)(5) of the modifying act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para. 14(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/14/1)
[^c21853591]: [S. 87(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/1/a/b) substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 34](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/34) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c21852521]: Words in [s. 87(2)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/2/6) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21853581]: [S. 87(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/10) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note
[^c21859271]: Words in [s. 87(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/7) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 18](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/18)
[^c23361271]: Words in [s. 87(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358591]: Word at the end of s. 87(1)(a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/2/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361291]: [S. 87(1)(c)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/1/c/d) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361311]: Words in [s. 87(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361331]: Words in [s. 87(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/2/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361351]: Words in [s. 87(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361381]: Words in [s. 87(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/2/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361401]: Words in [s. 87(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(3)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/3/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361421]: Words in [s. 87(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(3)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/3/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361441]: Word in [s. 87(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361461]: Words in [s. 87(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361481]: Words in [s. 87(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361501]: Words in [s. 87(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361531]: Words in [s. 87(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361571]: Word in [s. 87(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361591]: Words in [s. 87(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(5)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/5/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361611]: Words in [s. 87(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361631]: Word in [s. 87(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361651]: Words in [s. 87(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361691]: Words in [s. 87(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(6)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/6/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361721]: Words in [s. 87(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/8) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/7) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361741]: [S. 87(9)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/9/c) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(8)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/8) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361761]: [S. 87(9A)](https://www.legislation.gov.uk/ukpga/1988/1/section/87/9A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 62(9)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/62/9) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572471]: SOURCE-1972 s. 124(1)
[^c21572481]: [1978 c. 18](https://www.legislation.gov.uk/ukpga/1978/18).
[^c21852541]: Words in [s. 88(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/88/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23357191]: [S. 88(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/88/b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 9(2)
[^c23361801]: Words in [s. 88](https://www.legislation.gov.uk/ukpga/1988/1/section/88) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 64(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/64/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361821]: Words in [s. 88(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/88/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 64(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/64/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361841]: Words in [s. 88(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/88/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 64(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/64/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23416311]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 74](https://www.legislation.gov.uk/ukpga/1990/29/section/74)
[^c21834711]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23416321]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 74](https://www.legislation.gov.uk/ukpga/1990/29/section/74)
[^c21834721]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23416331]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 74](https://www.legislation.gov.uk/ukpga/1990/29/section/74)
[^c21834741]: [Ss. 88A-88C](https://www.legislation.gov.uk/ukpga/1988/1/section/88A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c23361861]: [S. 89](https://www.legislation.gov.uk/ukpga/1988/1/section/89) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 65](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/65) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369401]: Words in [s. 89(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/89/3) substituted (with effect in accordance with [s. 80(3)(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/3/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 3(3)(a)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/3/3/a)
[^c23369421]: [S. 89(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/89/4/5) added (with effect in accordance with [s. 80(3)(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/3/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 3(3)(b)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/3/3/b)
[^c23357211]: [S. 90(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/90/1) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 10(2)
[^c23357241]: [S. 90(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/90/1A) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 10(3)
[^c23361881]: Words in [s. 90(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/90/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 66(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/66/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361901]: Words in [s. 90(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/90/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 66(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/66/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361931]: Words in [s. 90(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/90/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 66(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/66/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358611]: Words in [s. 90(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/90/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 66(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/66/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572521]: SOURCE-1970 s. 141(1)
[^c21572531]: SOURCE-1970 s. 141(2)
[^c21572541]: SOURCE-1970 s. 141(3)–(8)
[^c21572551]: [1952 c. 33](https://www.legislation.gov.uk/ukpga/1952/33).
[^c21852581]: Words in [s. 91(1)(4)(a)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/1/4/a/i) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21859291]: [S. 91(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/9) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 19](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/19)
[^c23363401]: Words in [s. 91(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23363421]: Words in [s. 91(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23363731]: Words in [s. 91(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364111]: Words in [s. 91(4)(a)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/4/a/i) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364131]: Words in [s. 91(4)(a)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/4/a/i) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364151]: Words in [s. 91(4)(a)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/4/a/ii) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364171]: Word in [s. 91(4)(a)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/4/a/ii) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364191]: Words in [s. 91(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364211]: Words in [s. 91(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/5/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364231]: Word in [s. 91(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/5/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364251]: Word in [s. 91(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/5/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(6)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/6/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364271]: [S. 91(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/91/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 67(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/67/7) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572731]: [Ss. 91A](https://www.legislation.gov.uk/ukpga/1988/1/section/91A), [91B](https://www.legislation.gov.uk/ukpga/1988/1/section/91B) inserted by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 78](https://www.legislation.gov.uk/ukpga/1990/29/section/78).
[^c21572741]: Words in [s. 91A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/4/b) substituted (25.10.1991) by [Planning and Compensation Act 1991 (c. 34, SIF 123:1, 2)](https://www.legislation.gov.uk/ukpga/1991/34), [s. 83(a)](https://www.legislation.gov.uk/ukpga/1991/34/section/83/a); [S.I. 1991/2272](https://www.legislation.gov.uk/uksi/1991/2272), [art. 3(2)](https://www.legislation.gov.uk/uksi/1991/2272/article/3/2)
[^c21572751]: [1974 c. 40](https://www.legislation.gov.uk/ukpga/1974/40).
[^c21572761]: [S.I. 1978/1049 (N.I.19)](https://www.legislation.gov.uk/nisi/1978/1049).
[^c21572771]: [S. 91A(6)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/6/c) and the word “or” immediately preceding it inserted (27.7.1993 with effect in relation to any case where the trade in question is begun after 31.3.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 110(1)(3)](https://www.legislation.gov.uk/ukpga/1993/34/section/110/1/3)
[^c21572781]: [1960 c. 34](https://www.legislation.gov.uk/ukpga/1960/34).
[^c21572791]: [1993 c. 12](https://www.legislation.gov.uk/ukpga/1993/12).
[^c21572801]: [1965 c. 57](https://www.legislation.gov.uk/ukpga/1965/57).
[^c21572811]: [S. 91A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/7) substituted (25.10.1991) by [Planning and Compensation Act 1991 (c. 34, SIF 123:1, 2)](https://www.legislation.gov.uk/ukpga/1991/34), [s. 83(b)](https://www.legislation.gov.uk/ukpga/1991/34/section/83/b); [S.I. 1991/2272](https://www.legislation.gov.uk/uksi/1991/2272), [art. 3(2)](https://www.legislation.gov.uk/uksi/1991/2272/article/3/2)
[^c21572821]: [1990 c. 8](https://www.legislation.gov.uk/ukpga/1990/8).
[^c21572841]: [1991 c. 34](https://www.legislation.gov.uk/ukpga/1991/34).
[^c21847761]: Words in [s. 91A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/7) substituted (S.) (27.5.1997) by [Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)](https://www.legislation.gov.uk/ukpga/1997/11), [s. 6(2)](https://www.legislation.gov.uk/ukpga/1997/11/section/6/2), [Sch. 2 para. 41](https://www.legislation.gov.uk/ukpga/1997/11/schedule/2/paragraph/41)
[^c21852601]: Words in [s. 91A(2)(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/2/3/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21858821]: [S. 91A(6)(ba)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/6/ba) inserted (E.W.) (1.8.2000) by [The Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973)](https://www.legislation.gov.uk/uksi/2000/1973), [Sch. 10 para. 1](https://www.legislation.gov.uk/uksi/2000/1973/schedule/10/paragraph/1) (with [reg. 5](https://www.legislation.gov.uk/uksi/2000/1973/regulation/5))
[^c21858841]: [S. 91A(6)(ba)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/6/ba) inserted (S.) (28.9.2000) by [The Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323)](https://www.legislation.gov.uk/ssi/2000/323), [Sch. 10 para. 2](https://www.legislation.gov.uk/ssi/2000/323/schedule/10/paragraph/2) (with [reg. 34](https://www.legislation.gov.uk/ssi/2000/323/regulation/34))
[^c21861161]: [S. 91A(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/8) repealed (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 40 Pt. 3(16)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/16)
[^c23354891]: Words in [s. 91A(6)(ba)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/6/ba) inserted (31.3.2003) by [The Pollution Prevention and Control Regulations (Northern Ireland) 2003 (S.R. 2003/46)](https://www.legislation.gov.uk/nisr/2003/46), [reg. 1](https://www.legislation.gov.uk/nisr/2003/46/regulation/1), [Sch. 11 para. 3](https://www.legislation.gov.uk/nisr/2003/46/schedule/11/paragraph/3)
[^c23364291]: Word in [s. 91A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 68(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/68/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358631]: Words in [s. 91A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/91A/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 68(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/68/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572861]: [S. 91B(10A)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/10A) inserted (27.7.1993 with effect in relation to any case where the trade in question is begun after 31.3.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 110(2)(3)](https://www.legislation.gov.uk/ukpga/1993/34/section/110/2/3)
[^c21852621]: Words in [s. 91B(2)(5)(a)(6)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/2/5/a/6/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21861191]: [S. 91B(11)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/11/e) and preceding word repealed (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 40 Pt. 3(16)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/16)
[^c23364311]: Words in [s. 91B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358651]: Words in [s. 91B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364341]: Word in [s. 91B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364361]: Words in [s. 91B(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/5/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364381]: Words in [s. 91B(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/5/b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364401]: Words in [s. 91B(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/6) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364421]: Words in [s. 91B(10A)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/10A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(g)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/g) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364451]: Word in [s. 91B(10A)](https://www.legislation.gov.uk/ukpga/1988/1/section/91B/10A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 69(g)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/69/g) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572301]: [S. 84A](https://www.legislation.gov.uk/ukpga/1988/1/section/84A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 42](https://www.legislation.gov.uk/ukpga/1991/31/section/42)
[^c21852471]: Words in [s. 84A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23354591]: [S. 84A(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3A) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 11(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/11/2) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23354611]: Words in [s. 84A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/4) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 11(3)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/11/3) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23356941]: [S. 84A(2)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/b/c) substituted for s. 84A(2)(b) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 4(2)
[^c23356961]: Words in [s. 84A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 4(3)
[^c23356981]: [S. 84A(3ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3ZA) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 4(4)
[^c23361151]: Words in [s. 84A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 59](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/59) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572321]: [S. 85A](https://www.legislation.gov.uk/ukpga/1988/1/section/85A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 43](https://www.legislation.gov.uk/ukpga/1991/31/section/43)
[^c21852491]: Words in [s. 85A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/85A/2/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 10](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/10)
[^c23357031]: Word in [s. 85A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/85A/2/a) omitted (28.9.2004 with effect in accordance with art. 1(2) of the repealing S.I.) by virtue of The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 6(2)(a)
[^c23357051]: [S. 85A(2)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/85A/2/b/c) substituted for s. 85A(2)(b) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 6(2)(b)
[^c23357071]: Words in [s. 85A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/85A/3) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 6(3)
[^c23357111]: [S. 85A(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/85A/3A) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 6(4)
[^c21572361]: [S. 86A](https://www.legislation.gov.uk/ukpga/1988/1/section/86A) inserted (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s.69](https://www.legislation.gov.uk/ukpga/1993/34/section/69)
[^c21852511]: Words in [s. 86A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/2/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23354651]: Words in [s. 86A(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/1/a) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 13(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/13/2) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23354671]: Words in [s. 86A(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/1/b) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 13(3)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/13/3) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23354691]: [S. 86A(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/1A) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 13(4)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/13/4) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23357171]: [S. 86A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/2/b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 8(2)
[^c23361231]: Words in [s. 86A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 61(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/61/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23361251]: Words in [s. 86A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/86A/2/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 61(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/61/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21852651]: Word in [s. 91C(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/91C/b) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21859561]: Words in [s. 91C(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91C/a) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 20](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/20)
[^c23364511]: Word in [s. 91C(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/91C/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 71](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/71) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364531]: Words in [s. 91C(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/91C/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 71](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/71) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21861141]: [S. 83A](https://www.legislation.gov.uk/ukpga/1988/1/section/83A) modified (with effect in accordance with s. 58(4) of the modifying Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 18 para. 9(3)(a)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/18/paragraph/9/3/a)
[^c21859081]: [S. 83A(2)(b)(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/2/b/3/b) and preceding words repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 16(1)(2)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/16/1/2), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c21859111]: Words in [s. 83A(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4/a) inserted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 16(3)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/16/3)
[^c23360691]: Words in [s. 83A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360711]: Words in [s. 83A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360731]: Words in [s. 83A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360751]: Words in [s. 83A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360771]: Words in [s. 83A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360791]: Words in [s. 83A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360811]: Words in [s. 83A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360841]: Words in [s. 83A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(5)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/5/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360861]: Words in [s. 83A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(5)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/5/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360881]: Words in [s. 83A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(5)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/5/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360911]: Words in [s. 83A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/83A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 57(5)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/57/5/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23357951]: [S. 82A](https://www.legislation.gov.uk/ukpga/1988/1/section/82A) modified (1.1.2005 with effect in accordance with art. 2 of the commencing S.I.) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 53(2)](https://www.legislation.gov.uk/ukpga/2004/12/section/53/2); [S.I. 2004/3268](https://www.legislation.gov.uk/uksi/2004/3268), [art. 2](https://www.legislation.gov.uk/uksi/2004/3268/article/2)
[^c23360611]: Word in [s. 82A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/82A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 54(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/54/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360631]: Words in [s. 82A(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/82A/1/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 54(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/54/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360651]: Word in [s. 82A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/82A/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 54(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/54/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23417381]: Word in [s. 82B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/82B/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 55(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/55/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369591]: Words in [s. 82B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/82B/1) substituted (with effect in accordance with [s. 15(4)](https://www.legislation.gov.uk/ukpga/2005/22/section/15/4) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 15(2)](https://www.legislation.gov.uk/ukpga/2005/22/section/15/2)
[^c23417391]: Word in [s. 82B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/82B/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 55(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/55/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369611]: Words in [s. 82B(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/82B/3) substituted (with effect in accordance with [s. 15(4)](https://www.legislation.gov.uk/ukpga/2005/22/section/15/4) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 15(3)](https://www.legislation.gov.uk/ukpga/2005/22/section/15/3)
[^c23364471]: Words in [s. 91BA(1)(c)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/91BA/1/c/ii) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 70(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/70/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364491]: Word in [s. 91BA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/91BA/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 70(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/70/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21860901]: [S. 76A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/76A/2) substituted (1.12.2001 in accordance with art. 1(2)(a) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 16(3)](https://www.legislation.gov.uk/uksi/2001/3629/article/16/3)
[^c21860921]: [S. 76A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/76A/3) substituted (1.12.2001 in accordance with art. 1(2)(a) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 16(4)](https://www.legislation.gov.uk/uksi/2001/3629/article/16/4)
[^c21860941]: [S. 76A(5)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/76A/5/6) added (1.12.2001 in accordance with art. 1(2)(a) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 16(5)](https://www.legislation.gov.uk/uksi/2001/3629/article/16/5)
[^c23359821]: Words in [s. 76A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/76A/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 46](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/46) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21860961]: Words in [s. 76B(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/76B/3) substituted (1.12.2001 in accordance with art. 1(2)(a) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 16(7)](https://www.legislation.gov.uk/uksi/2001/3629/article/16/7)
[^c21860981]: [S. 76B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/76B/4) substituted (1.12.2001 in accordance with art. 1(2)(a) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 16(8)](https://www.legislation.gov.uk/uksi/2001/3629/article/16/8)
[^c23356511]: Words in [s. 76B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/76B/1) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 1(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/1/2)
[^c23356531]: Words in [s. 76B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/76B/2) inserted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 1(3)(a)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/1/3/a)
[^c23356551]: Words in [s. 76B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/76B/2) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 1(3)(b)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/1/3/b)
[^c23359621]: Words in [s. 79B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/2) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 3(2)
[^c23359641]: [S. 79B(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/2A) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 3(3)
[^c23360361]: Word in [s. 79B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360381]: Words in [s. 79B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360411]: Words in [s. 79B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360431]: Words in [s. 79B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360451]: Words in [s.79B(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/3) inserted (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360471]: Words in [s. 79B(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/4/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360491]: Words in [s. 79B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360521]: Words in [s. 79B(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/4/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360541]: Words in [s. 79B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360561]: Words in [s. 79B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(4)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/4/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23360591]: Words in [s. 79B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/79B/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 50(4)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/50/4/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369301]: Words in [s. 75A(10)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/75A/10/a) inserted (with effect in accordance with [s. 80(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 22(a)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/22/a)
[^c23369321]: Words in [s. 75A(10)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/75A/10/b) inserted (with effect in accordance with [s. 80(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 22(b)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/22/b)
[^c21572871]: SOURCE-1984 s. 54(1), (4)
[^c21572881]: SOURCE-1984 s. 54(2), (3)
[^c21572891]: [1982 c. 52](https://www.legislation.gov.uk/ukpga/1982/52).
[^c21572901]: SOURCE-1980 s. 42(1)
[^c21572911]: SOURCE-1980 s. 42(2)
[^c21572921]: [1972 c. 63](https://www.legislation.gov.uk/ukpga/1972/63).
[^c21572931]: [1966 c. 36 (N.I.)](https://www.legislation.gov.uk/apni/1966/36).
[^c21572941]: [1971 c. 22 (N.I.)](https://www.legislation.gov.uk/apni/1971/22).
[^c21572951]: SOURCE-1980 s. 42(2); 1984 s. 55(1)
[^c21572961]: [S.I. 1982/1083 (N.I. 15)](https://www.legislation.gov.uk/nisi/1982/1083).
[^c21572971]: SOURCE-1980 s. 42(3); 1984 s. 55(2)
[^c23357261]: Words in [s. 93(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/93/1) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para 11(2)
[^c23364551]: Word in [s. 93(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/93/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 72(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/72/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364571]: Words in [s. 93(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/93/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 72(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/72/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21572981]: SOURCE-1970 s. 136
[^c21826351]: [S. 94](https://www.legislation.gov.uk/ukpga/1988/1/section/94) renumbered as s. 94(1) (3.5.1994) by virtue of [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 144(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/4)
[^c21826371]: Words in [s. 94(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/94/1) inserted (with effect in accordance with [s. 144(7)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/7) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 144(3)(a)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/3/a)
[^c21852661]: Words in [s. 94(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/94/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23364591]: Words in [s. 94(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/94/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 73(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/73/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364611]: Words in [s. 94(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/94/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 73(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/73/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369471]: Words in [s. 94(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/94/1) substituted (with effect in accordance with [s. 80(3)(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/3/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 4(2)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/4/2)
[^c23369461]: [S. 94(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/94/2) repealed (with effect in accordance with s. 80(3)(4) of the repealing Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 4(3)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/4/3), [Sch. 11 Pt. 2(5)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/11/part/2/5), Note
[^c21847241]: [S. 95(1)(1A)(1B)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1/1A/1B/2) substituted for s. 95(1)-(3) (with effect in accordance with [Sch. 7 para. 8(3)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/7/paragraph/8/3) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 7 para. 8(1)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/7/paragraph/8/1)
[^c21849001]: [S. 95(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1) substituted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(2)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/2)
[^c21849021]: Words in [s. 95(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A) substituted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(3)(a)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/3/a)
[^c21849121]: [S. 95(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A/b) repealed (with effect in accordance with s. 24(15) of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(3)(b)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/3/b), [Sch. 8 Pt. 2(8)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8/part/2/8), Note 1
[^c21849041]: Words in [s. 95(1A)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A/c) substituted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(3)(c)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/3/c)
[^c21849131]: [S. 95(1A)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A/d) repealed (with effect in accordance with s. 24(15) of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(3)(d)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/3/d), [Sch. 8 pt. 2(8)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8/part/2/8), Note 1
[^c21849061]: [S. 95(1A)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A/e) inserted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(3)(e)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/3/e)
[^c21849141]: [S. 95(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1B) repealed (with effect in accordance with s. 24(15) of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(4)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/4), [Sch. 8 Pt. 2(8)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8/part/2/8), Note 1
[^c21849151]: Words in [s. 95(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/2) repealed (with effect in accordance with s. 24(15) of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(5)(a)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/5/a), [Sch. 8 Pt. 2(8)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8/part/2/8), Note 1
[^c21849081]: Words in [s. 95(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/2/a) inserted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(5)(b)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/5/b)
[^c21849101]: [S. 95(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/2A) inserted (with effect in accordance with [s. 24(15)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/15) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(6)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/6)
[^c21849171]: [S. 95(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/4/5) repealed (with effect in accordance with s. 24(15) of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 24(7)(8)](https://www.legislation.gov.uk/ukpga/1997/58/section/24/7/8). {Sch. 8 Pt. 2(8)}
[^c23354741]: [S. 95(1A)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A/e) repealed (with effect in accordance with Sch. 43 Pt. 3(6) Note of the repealing Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 43 Pt. 3(6)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/43/part/3/6)
[^c23356591]: [S. 95(1C)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1C) inserted (2.7.2004) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 137(2)(6)](https://www.legislation.gov.uk/ukpga/2004/12/section/137/2/6)
[^c23364651]: Words in [s. 95(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 74(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/74/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358671]: [S. 95(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/1A/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 74(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/74/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364671]: Words in [s. 95(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/95/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 74(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/74/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573031]: SOURCE-1970 s. 139
[^c21852681]: Words in [s. 97](https://www.legislation.gov.uk/ukpga/1988/1/section/97) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23364691]: Words in [s. 98(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/98/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 77(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/77/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364711]: Words in [s. 98(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/98/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 77(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/77/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364731]: Words in [s. 98(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/98/1/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 77(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/77/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573061]: SOURCE-1970 s. 142(1)
[^c21573071]: SOURCE-1970 s. 142(2), (4)
[^c21573081]: SOURCE-1970 s. 142(2), (4)
[^c21852691]: Words in [s. 99(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/99/1/2) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23364751]: Words in [s. 99(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/99/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 78(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/78/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364771]: Words in [s. 99(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/99/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 78(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/78/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364791]: Words in [s. 99(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/99/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 78(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/78/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364831]: Words in [s. 99(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/99/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 78(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/78/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364851]: Words in [s. 99(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/99/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 78(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/78/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23393561]: [S. 76](https://www.legislation.gov.uk/ukpga/1988/1/section/76) modified (1.4.2009 with effect in accordance with s. 1329(1) of the modifying Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 1168(2)](https://www.legislation.gov.uk/ukpga/2009/4/section/1168/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393401]: Words in [s. 76(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393421]: Words in [s. 76(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393441]: Words in [s. 76(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393461]: Words in [s. 76(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/7) Step 2 para. (a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393481]: Words in [s. 76(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/7) Step 2 para. (c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393501]: [S. 76(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/7): entries in Step 3 repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(6)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/6/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23393541]: [S. 76(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/76/7): entries in Step 3 inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 30(6)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/30/6/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23394171]: [S. 76ZE](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZE) applied (with modifications) (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 2 para. 139(3)(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/paragraph/139/3/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23418131]: [S. 76ZN](https://www.legislation.gov.uk/ukpga/1988/1/section/76ZN) and cross-heading inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 44](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/44) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21573091]: *See*—1988(F) Sch.12 para.2—*building societies converting to companies.*[Trustee Savings Bank Act 1985 (c.58)](https://www.legislation.gov.uk/ukpga/1985/58) s.5*and* Sch.2 para.6(1)—*this provision not to apply to the discontinuance of an existing bank under the* TSB Act 1985.
[^c21573101]: Source—1970 s.137(1)
[^c21573111]: Source—1970 s.137(4)
[^c21829261]: Words in [s. 100(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1/a) substituted (with application in accordance with [s. 140(2)](https://www.legislation.gov.uk/ukpga/1995/4/section/140/2) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 140(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/140/1)
[^c21829301]: [S. 100(1A)-(1G)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1A) inserted (with application in accordance with [s. 140(2)](https://www.legislation.gov.uk/ukpga/1995/4/section/140/2) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), by {s. 140(1)}
[^c21829321]: [1988 c. 39](https://www.legislation.gov.uk/ukpga/1988/39).
[^c21852711]: Words in [s. 100(1)(1D)(1E)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1/1D/1E) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21861421]: [S. 100](https://www.legislation.gov.uk/ukpga/1988/1/section/100) excluded (24.2.2003) by [Proceeds of Crime Act 2002 (c. 29)](https://www.legislation.gov.uk/ukpga/2002/29), [s. 458(1)](https://www.legislation.gov.uk/ukpga/2002/29/section/458/1), [Sch. 10 para. 11(3)](https://www.legislation.gov.uk/ukpga/2002/29/schedule/10/paragraph/11/3); [S.I. 2003/120](https://www.legislation.gov.uk/uksi/2003/120), [art. 2](https://www.legislation.gov.uk/uksi/2003/120/article/2), [Sch.](https://www.legislation.gov.uk/uksi/2003/120/schedule) (with [arts. 3-7](https://www.legislation.gov.uk/uksi/2003/120/article/3) (as amended by [S.I. 2003/333](https://www.legislation.gov.uk/uksi/2003/333), [art. 14](https://www.legislation.gov.uk/uksi/2003/333/article/14)))
[^c21861211]: [S. 100(1B)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1B/a) repealed (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 105(1)](https://www.legislation.gov.uk/ukpga/2002/23/section/105/1), [Sch. 40 Pt. 3(17)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/17)
[^c21861221]: [S. 100(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/3) inserted (with application in accordance with [s. 106(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/106/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 106(1)](https://www.legislation.gov.uk/ukpga/2002/23/section/106/1)
[^c23356611]: [S. 100(1ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1ZA) inserted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 5 para. 2(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/5/paragraph/2/2)
[^c23364871]: Words in [s. 100(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364891]: Words in [s. 100(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1A/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364911]: Words in [s. 100(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1A/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364931]: Words in [s. 100(1C)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1C/c) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364951]: Word in [s. 100(1D)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1D) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364971]: Words in [s. 100(1E)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1E) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23364991]: Words in [s. 100(1E)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/1E) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358721]: Words in [s. 100(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/100/2/b) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 79(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/79/7), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573121]: Source—1970 s.138(1)
[^c21573131]: Source—1970 s.138(3)
[^c21573141]: Source—1970 s.138(5)
[^c21834931]: Words in [s. 101(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/2) substituted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 3(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/3/2)
[^c21834951]: [S. 101(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/2A) inserted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 3(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/3/3)
[^c21852741]: Words in [s. 101(1)(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/1/2/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23365011]: Words in [s. 101(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358781]: Words in [s. 101(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/2/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358791]: Words in [s. 101(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365031]: Words in [s. 101(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358841]: [S. 101(2A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/2A/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/4/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358811]: Words in [s. 101(2A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/2A/b) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/4/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358861]: Words in [s. 101(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/101/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 80(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/80/5), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573151]: Source—1970 s.137(2), 138(2)
[^c23393911]: Words in [s. 84A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 56(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/56/2/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392421]: Words in [s. 84A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 59](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/59) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23392431]: Words in [s. 84A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/a) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23393951]: [S. 84A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/b) and preceding word repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 56(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/56/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392441]: [S. 84A(2)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/b/c) substituted for s. 84A(2)(b) (28.9.2004 with effect in accordance with art. 1(2) of the amending Order) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 4(2)
[^c23393961]: [S. 84A(2)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/2/c) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 56(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/56/2/c), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392451]: Words in [S. 84A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending Order) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 4(3)
[^c23392461]: [S. 84A(3ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3ZA) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending Order) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 1(2), Sch. para. 4(4)
[^c23393981]: [S. 84A(3ZA)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3ZA/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 56(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/56/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23392471]: [S. 84A(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/3A) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [s. 723](https://www.legislation.gov.uk/ukpga/2003/1/section/723), [Sch. 6 para. 11(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/11/2) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23392481]: Words in [s. 84A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/84A/4) inserted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/9/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 9)](https://www.legislation.gov.uk/ukpga/2003/9), [s. 723](https://www.legislation.gov.uk/ukpga/2003/9/section/723), [Sch. 6 para. 11(2)](https://www.legislation.gov.uk/ukpga/2003/9/schedule/6/paragraph/11/2) (with [Sch. 7 para. 92](https://www.legislation.gov.uk/ukpga/2003/9/schedule/7/paragraph/92))
[^c21573161]: Source—1970 s.137(3), 138(4)
[^c21834971]: Words in [s. 102(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/1/a) substituted (with effect in accordance with [Sch. 22 para. 12](https://www.legislation.gov.uk/ukpga/1996/8/schedule/22/paragraph/12) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 22 para. 11](https://www.legislation.gov.uk/ukpga/1996/8/schedule/22/paragraph/11)
[^c21852761]: Words in [s. 102(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23358901]: Words in [s. 102(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 81(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/81/2/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365051]: Words in [s. 102(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 81(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/81/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358921]: Words in [s. 102(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 81(3)(a)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/81/3/a/d), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365071]: Words in [s. 102(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 81(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/81/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365091]: Word in [s. 102(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 81(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/81/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573171]: Source—1970 s.143; 1983 s.27(b)
[^c21573181]: [Sch.7 para.36(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/7/paragraph/36/3) [Copyright Designs and Patents Act 1988 (c.48)](https://www.legislation.gov.uk/ukpga/1988/48)*in force on* 1*August* 1989. (*Commencement order*—S.I. [1989 No.816](https://www.legislation.gov.uk/ukcm/1989/816)—*not reproduced*).
[^c21826461]: Words in [s. 103(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/4/b) inserted (with effect in accordance with [s. 144(7)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/7) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 144(3)(b)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/3/b)
[^c21826491]: [S. 103(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/4A) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 144(5)](https://www.legislation.gov.uk/ukpga/1994/9/section/144/5)
[^c21852771]: Words in [s. 103(1)(2)(a)(b)(4)(a)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/1/2/a/b/4/a/5) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23365111]: Words in [s. 103(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358951]: Words in [s. 103(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/2/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365131]: Words in [s. 103(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365151]: Word in [s. 103(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(3)(a)(i)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/3/a/i) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365171]: Word in [s. 103(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(3)(a)(ii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/3/a/ii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365191]: Word in [s. 103(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(3)(a)(iii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/3/a/iii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23358971]: [S. 103(3)(b)(bb)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/3/b/bb) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23423281]: Words in [s. 103(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 82(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/82/3/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369491]: Words in [s. 103(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/4/b) substituted (with effect in accordance with [s. 80(3)(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/3/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 5(2)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/5/2)
[^c23369271]: [S. 103(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/4A) repealed (with effect in accordance with s. 80(3)(4) of the repealing Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 5(3)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/5/3), [Sch. 11 Pt. 2(5)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/11/part/2/5), Note
[^c23369511]: Words in [s. 103(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/103/5) substituted (with effect in accordance with [s. 80(3)(4)](https://www.legislation.gov.uk/ukpga/2005/7/section/80/3/4) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 4 para. 5(5)](https://www.legislation.gov.uk/ukpga/2005/7/schedule/4/paragraph/5/5)
[^c21573191]: Source—1970 s.144(1)
[^c21573211]: Source—1970 s.144(3), (4)
[^c21852841]: Words in [s. 104(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/1/2) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21853831]: [S. 104(4)(5)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/4/5/7) repealed (with application in accordance with Sch. 27 Pt. 3(6) Note of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(6)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/6)
[^c23365231]: Words in [s. 104(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 83(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/83/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359011]: Words in [s. 104(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 83(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/83/2/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365251]: Words in [s. 104(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 83(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/83/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365271]: Words in [s. 104(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 83(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/83/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359031]: Words in [s. 104(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/104/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 83(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/83/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573221]: Source—1970 s.145
[^c21835011]: [S. 105](https://www.legislation.gov.uk/ukpga/1988/1/section/105) modified by [Capital Allowances Act 1990 (c. 1)](https://www.legislation.gov.uk/ukpga/1990/1), [s. 15A](https://www.legislation.gov.uk/ukpga/1990/1/section/15A) (as inserted (29.4.1996) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 201](https://www.legislation.gov.uk/ukpga/1996/8/section/201), [Sch. 39 para. 1(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/39/paragraph/1/2))
[^c21852921]: Words in [s. 105(1)(a)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/1/a/4) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21853881]: [S. 105(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/4) repealed (with application in accordance with Sch. 27 Pt. 3(6) Note of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(6)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/6)
[^c23365291]: Words in [s. 105(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 84(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/84/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365331]: Word in [s. 105(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 84(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/84/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365351]: Word in [s. 105(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 84(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/84/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365371]: Words in [s. 105(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 84(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/84/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23376861]: Words in [s. 105(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/105/2) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 10](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/10), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21573231]: Source—1970 s.147
[^c21852931]: Word in [s. 106(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/106/2) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23365411]: Words in [s. 106(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/106/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 85(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/85/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365431]: Words in [s. 106(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/106/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 85(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/85/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365451]: Words in [s. 106(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/106/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 85(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/85/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365471]: Words in [s. 106(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/106/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 85(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/85/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365491]: Words in [s. 106(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/106/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 85(3)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/85/3/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573271]: Source—1970 s.151(1)
[^c21573291]: Source—1970 s.151(2)-(5)
[^c21852991]: Words in [s. 110(3)(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/110/3/4/5) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a/b), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23365571]: [S. 110(1A)-(1D)](https://www.legislation.gov.uk/ukpga/1988/1/section/110/1A) subsituted for s. 110(2) (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 90](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/90) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23377191]: Words in [s. 110(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/110/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 12](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/12) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c22730011]: [S. 111](https://www.legislation.gov.uk/ukpga/1988/1/section/111) modified (1.5.1995) by Finance Act [1995 c. 4](https://www.legislation.gov.uk/ukpga/1995/4), [s. 125(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/1)
[^c22730031]: [S. 111](https://www.legislation.gov.uk/ukpga/1988/1/section/111) excluded (subsection (1) excepted) (with application in accordance with s. 44 of the excluding act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(1)(2)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/1/2), [Sch. 6 para. 6(6)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/6/paragraph/6/6)
[^c22730041]: [S. 111](https://www.legislation.gov.uk/ukpga/1988/1/section/111) excluded (subsection (1) excepted) (with effect in accordance with s. 64 and Sch. 22 paras. 16-18 of the excluding Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 22 para. 13(6)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/22/paragraph/13/6)
[^c23365591]: Words in [s. 111(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/111/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 92(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/92/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573401]: Source—1970 s.155(1); 1973 s.31(5); 1980 s.39(3)
[^c21573411]: Source—1970 s.155(2); 1972 s.107(2)
[^c21826551]: [S. 114(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/114/1) modified (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 172(4)-(6)](https://www.legislation.gov.uk/ukpga/1994/9/section/172/4)
[^c21826581]: Words in [s. 114(1)-(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/114/1) inserted (with effect in accordance with [s. 215(4)(5)](https://www.legislation.gov.uk/ukpga/1994/9/section/215/4/5) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 215(2)](https://www.legislation.gov.uk/ukpga/1994/9/section/215/2) (as s. 215(5) of that Act is modified (1.5.1995) by [1995 c. 4](https://www.legislation.gov.uk/ukpga/1995/4), [s. 125(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/1)) (with Sch. 20)
[^c21826661]: [S. 114(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/114/4) repealed (with effect in accordance with s. 215(4)(5) of the repealing Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 215(3)(a)](https://www.legislation.gov.uk/ukpga/1994/9/section/215/3/a), [Sch. 26 Pt. 5(24)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/26/part/5/24), Note 4(a) (as s. 215(5) of that Act is modified (1.5.1995) by [1995 c. 4](https://www.legislation.gov.uk/ukpga/1995/4), [s. 125(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/1)) (with Sch. 20)
[^c21831731]: Words in [s. 114(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/114/1) inserted (with effect in accordance with [s. 125(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/1) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 125(4)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/4)
[^c21831771]: [S. 114(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/114/3) repealed (with effect in accordance with [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 218(1)](https://www.legislation.gov.uk/ukpga/1994/9/section/218/1)) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 29 Pt. 8(15)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/15), Note 1
[^c23385131]: [S. 115(5C)](https://www.legislation.gov.uk/ukpga/1988/1/section/115/5C) inserted (retrospectively) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 58(1)(4)](https://www.legislation.gov.uk/ukpga/2008/9/section/58/1/4)
[^c21827331]: [S. 115(1)-(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/115/1)(6) repealed (with effect in accordance with s. 215(4)(5) of the repealing Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 215(3)(b)](https://www.legislation.gov.uk/ukpga/1994/9/section/215/3/b), [Sch. 26 Pt. 5(24)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/26/part/5/24), Note 4(a) (as s. 215(5) of that Act is modified (1.5.1995) by [1995 c. 4](https://www.legislation.gov.uk/ukpga/1995/4), [s. 125(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/1)) (with Sch. 20)
[^c21832551]: [S. 115(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/115/4/5) substituted (with effect in accordance with [s. 125(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/1) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 125(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/125/5)
[^c23354721]: Words in [s. 115(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/115/4/b) substituted (with effect in accordance with [s. 153(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(1)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/1/a)
[^c23365611]: [S. 115(5)-(5B)](https://www.legislation.gov.uk/ukpga/1988/1/section/115/5) substituted for s. 115(5) (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 95(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/95/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23426381]: [S. 115(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/115/5) modified (with retrospective effect) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 58(5)(6)(b)](https://www.legislation.gov.uk/ukpga/2008/9/section/58/5/6/b)
[^c23422891]: [S. 102(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/102/1) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 134](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/134)
[^c21573471]: Source—1973 s.31(1)-(5), (9), 32(6)
@@ -53861,6 +49707,10 @@
[^c23365631]: Word in [s. 116(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/116/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 96](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/96) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23390451]: Words in [s. 116(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/116/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 86(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/86/2), (with Sch. 2 Pts. 1, 2)
[^c23390361]: [S. 116(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/116/5) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 86(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/86/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21573601]: Source—1985 Sch.12 3(1)-(3)
[^c21573611]: Words in [s. 118(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/118/1) substituted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 73(3)-(5)](https://www.legislation.gov.uk/ukpga/1991/31/section/73/3), [Sch. 15 para. 4(a)](https://www.legislation.gov.uk/ukpga/1991/31/schedule/15/paragraph/4/a)(in relation to losses incurred in accounting periods ending on or after 1.4.1991)
@@ -53893,12 +49743,6 @@
[^c23377251]: [S. 118(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/118/3) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 14(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/14/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21860751]: [S. 118ZA](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZA) substituted (retrospective to 6.4.2001) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 75(1)(6)](https://www.legislation.gov.uk/ukpga/2001/9/section/75/1/6)
[^c23365651]: Words in [s. 118ZA(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZA/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 97(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/97/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365671]: Words in [s. 118ZA(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZA/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 97(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/97/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23377281]: [S. 118ZB](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZB) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 15](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/15) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23357671]: [S. 118ZC(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZC/5) inserted (retrospective to 2.12.2004) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 73(3)(5)](https://www.legislation.gov.uk/ukpga/2005/7/section/73/3/5)
@@ -53945,132 +49789,18 @@
[^c23377751]: Words in [s. 118ZD(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/118ZD/3/a) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 17(4)(c)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/17/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21573671]: Source—1970 s.156
[^c21573681]: [S. 119(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/119/1) excluded (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 201(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/2), [289](https://www.legislation.gov.uk/ukpga/1992/12/section/289) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)).
[^c21573691]: Words in [s. 119(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/119/1) inserted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 10 para. 14(4)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/4) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)).
[^c21832621]: Words in [s. 119(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/119/1) repealed (with effect in accordance with s. 145(3), Sch. 29 Pt. 8(22) Note of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 145(1)](https://www.legislation.gov.uk/ukpga/1995/4/section/145/1), [Sch. 29 Pt. 8(22)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/22)
[^c21832661]: Words in [s. 119(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/119/2) repealed (with effect in accordance with Sch. 29 Pt. 8(22) Note of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 29 Pt. 8(22)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/22)
[^c21861441]: Word in [s. 119(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/119/3) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act (asp 5), ss. 71, 77(2), Sch. 12 para. 50(3), {Sch. 13 Pt. 1}; [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^c23365901]: Word in [s. 119(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/119/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 103](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/103) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573701]: Source—1970 s.157
[^c21847521]: Words in [s. 120(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/1) inserted (with effect in accordance with [s. 60(5)](https://www.legislation.gov.uk/ukpga/1997/16/section/60/5) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 60(2)(a)](https://www.legislation.gov.uk/ukpga/1997/16/section/60/2/a)
[^c21847561]: Words in [s. 120(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/1) repealed (with effect in accordance with s. 60(5), Sch. 18 Pt. 6(2) Note of the repealing Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 60(2)(b)](https://www.legislation.gov.uk/ukpga/1997/16/section/60/2/b), [Sch. 18 Pt. 6(2)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/18/part/6/2)
[^c21847541]: [S. 120(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/1A) inserted (with effect in accordance with [s. 60(5)](https://www.legislation.gov.uk/ukpga/1997/16/section/60/5) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 60(3)](https://www.legislation.gov.uk/ukpga/1997/16/section/60/3)
[^c21847571]: [S. 120(2)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/2) repealed (with effect in accordance with s. 60(5), Sch. 18 Pt. 6(2) Note of the repealing Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 60(4)](https://www.legislation.gov.uk/ukpga/1997/16/section/60/4), [Sch. 18 Pt. 6(2)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/18/part/6/2)
[^c21847611]: [S. 120(5)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/5/c) and preceding word repealed (with effect in accordance with s. 60(5), Sch. 18 Pt. 6(2) Note of the repealing Act) by Finance Act 1997, (c. 16), s. 60(5), {Sch. 18 Pt. 6(2)}
[^c23365921]: Word in [s. 120(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 104(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/104/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365941]: Words in [s. 120(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/1A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 104(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/104/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23365961]: Words in [s. 120(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/120/1A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 104(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/104/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573711]: Source—1970 s.158(1), (2)
[^c21832671]: [S. 121(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/121/1) substituted for s. 121(1)(2) (with effect in accordance with [s.145(3)](https://www.legislation.gov.uk/ukpga/1995/4/section/145/3) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 145(2)](https://www.legislation.gov.uk/ukpga/1995/4/section/145/2)
[^c23359361]: [S. 121(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/121/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 105](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/105), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21573811]: Source—1970(F) s.29(1), (3); 1971 Sch.9 4
[^c21573821]: [S. 122(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/1/b) and the word "and" immediately preceding it repealed (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 12](https://www.legislation.gov.uk/ukpga/1992/12/schedule/12) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3), [Sch. 11 paras. 20](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/20), [22](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/22), [26(2)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/26/2), [27](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/27)).
[^c21573841]: Source—1970(F) s.29(2)
[^c21573851]: [S. 122(3)(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/3/8) repealed (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch.12](https://www.legislation.gov.uk/ukpga/1992/12/schedule/12) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3), [Sch. 11 paras. 20](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/20), [22](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/22), [26(2)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/26/2), [27](https://www.legislation.gov.uk/ukpga/1992/12/schedule/11/paragraph/27)).
[^c21573881]: *For regulations see* Part III Vol.5.
[^c21573891]: [S. 122(5)-(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/5) applied (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 203(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/203/1), [289](https://www.legislation.gov.uk/ukpga/1992/12/section/289) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)).
[^c21573911]: [1966 c. 4](https://www.legislation.gov.uk/ukpga/1966/4).
[^c21573931]: [1969 c. 35 (N.I.)](https://www.legislation.gov.uk/apni/1969/35).
[^c21573941]: [1964 c. 28 (N.I.)](https://www.legislation.gov.uk/apni/1964/28).
[^c21573951]: [1903 c. 37](https://www.legislation.gov.uk/ukpga/1903/37).
[^c21832691]: Words in [s. 122(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/1) repealed (1.5.1995 with effect in accordance with Note to Sch. 29 Pt. 8(22) of the amending act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 29 Pt. 8(22)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/22)
[^c23365991]: Words in [s. 122(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 106(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/106/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359371]: Words in [s. 122(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 106(2)(b)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/106/2/b/d), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23366011]: Word in [s. 122(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 106(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/106/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359411]: Words in [s. 122(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 106(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/106/3/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23366031]: Words in [s. 122(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 106(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/106/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23359431]: [S. 122(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/122/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 106(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/106/4), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21574141]: Source—1977 s.48
[^c21574151]: *See* 1989 s.59—*rights of admission disregarded in the case of certain covenanted subscriptions.*
[^c23369551]: [S. 125(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/2/b) substituted (with retrospective effect in accordance with [s. 91(7)](https://www.legislation.gov.uk/ukpga/2005/7/section/91/7) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 91(2)](https://www.legislation.gov.uk/ukpga/2005/7/section/91/2)
[^c23366051]: [S. 125(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/2/a) and word substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 107(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/107/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23366071]: Words in [s. 125(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 107(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/107/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23369651]: Words in [s. 125(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/1) repealed (with effect in accordance with s. 38(7)(13) of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c23377031]: Words in [s. 125(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 21(2)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/21/2/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23377771]: Words in [s. 125(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 21(2)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/21/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23377051]: Words in [s. 125(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/2/b) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 21(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/21/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23377791]: Word in [s. 125(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/3) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 21(4)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/21/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23377091]: [S. 125(3)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/125/3/d) and preceding word repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 21(4)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/21/4/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21574281]: Source—1985 s.72(1), (2); 1987 (No.2) s.81(1)
[^c21574291]: Words in [s. 128](https://www.legislation.gov.uk/ukpga/1988/1/section/128) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 10 para. 14(7)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/7) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)).
[^c21861281]: Words in [s. 128](https://www.legislation.gov.uk/ukpga/1988/1/section/128) renumbered as s. 128(1) (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by virtue of [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 27 para. 3(1)(a)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/3/1/a) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c21861351]: Words in [s. 128](https://www.legislation.gov.uk/ukpga/1988/1/section/128) renumbered as s. 128(3) (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by virtue of [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 27 para. 3(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/3/3) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c21574451]: *See*—1988 s.338(6)—*definition applied for purposes of* s.338(3) (*charges*).1988 s.576(5)—*definition applied for purposes of* ss.573 to 576 (*losses on unquoted shares in trading companies*).[Trustee Savings Banks Act 1985 (c.58)](https://www.legislation.gov.uk/ukpga/1985/58) s.5*and* Sch.2 para.6(6).
[^c23356841]: [S. 130](https://www.legislation.gov.uk/ukpga/1988/1/section/130) sidenote substituted (with effect in accordance with ss. 38(5), 42, 43 of the amending Act) by virtue of [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 38(4)](https://www.legislation.gov.uk/ukpga/2004/12/section/38/4)
[^c21575731]: Source—1981 s.28; 1987 Sch.3 6
[^c22201601]: Words in [s. 152(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/152/1) inserted (7.10.1996) by [Jobseekers Act 1995 (c. 18)](https://www.legislation.gov.uk/ukpga/1995/18), [s. 41(2)(4)](https://www.legislation.gov.uk/ukpga/1995/18/section/41/2/4), [Sch. 2 para. 13](https://www.legislation.gov.uk/ukpga/1995/18/schedule/2/paragraph/13); [S.I. 1996/2208](https://www.legislation.gov.uk/uksi/1996/2208), [art. 2(b)](https://www.legislation.gov.uk/uksi/1996/2208/article/2/b)
[^c22277021]: Words in [s. 152(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/152/7) substituted (27.6.2002) by [The Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397)](https://www.legislation.gov.uk/uksi/2002/1397), [Sch. para. 6](https://www.legislation.gov.uk/uksi/2002/1397/schedule/paragraph/6)
[^c23393011]: Words in [s. 152(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/152/5) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 135(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/135/2)
[^c23393041]: [S. 152(c)(i)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/152/c/i/ii) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para 135(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/135/3)
[^c21580051]: [1965 c. 12](https://www.legislation.gov.uk/ukpga/1965/12).
[^c21868021]: [S. 208](https://www.legislation.gov.uk/ukpga/1988/1/section/208) excluded (with effect in accordance with s. 230(3) of the excluding Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [ss. 219(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/219/4), [220](https://www.legislation.gov.uk/ukpga/1994/9/section/220)
[^c22731381]: [S. 208](https://www.legislation.gov.uk/ukpga/1988/1/section/208) excluded by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [ss. 219(4A)](https://www.legislation.gov.uk/ukpga/1994/9/section/219/4A), [220](https://www.legislation.gov.uk/ukpga/1994/9/section/220) (as that s. 219(4A) is inserted (with effect in accordance with [s. 22(7)](https://www.legislation.gov.uk/ukpga/1997/58/section/22/7) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 22(4)](https://www.legislation.gov.uk/ukpga/1997/58/section/22/4))
[^c22731391]: [S. 208](https://www.legislation.gov.uk/ukpga/1988/1/section/208) excluded (27.7.1999) by [Commonwealth Development Corporation Act 1999 (c. 20)](https://www.legislation.gov.uk/ukpga/1999/20), [Sch. 3 paras. 1](https://www.legislation.gov.uk/ukpga/1999/20/schedule/3/paragraph/1), [6(2)(a)](https://www.legislation.gov.uk/ukpga/1999/20/schedule/3/paragraph/6/2/a)
[^c22732721]: [s. 208](https://www.legislation.gov.uk/ukpga/1988/1/section/208) excluded (with effect in accordance with [s. 22(7)](https://www.legislation.gov.uk/ukpga/1997/58/section/22/7) of the amending Act) by Finance Act1993 (c. 34), s. 171(4A) (as inserted by [1997 c. 58](https://www.legislation.gov.uk/ukpga/1997/58), [s. 22(4)](https://www.legislation.gov.uk/ukpga/1997/58/section/22/4)),
[^c23397881]: [S. 208](https://www.legislation.gov.uk/ukpga/1988/1/section/208) modified (with retrospective effect) by [Finance (No. 3) Act 2010 (c. 33)](https://www.legislation.gov.uk/ukpga/2010/33), [Sch. 3 para. 6(1)(2)](https://www.legislation.gov.uk/ukpga/2010/33/schedule/3/paragraph/6/1/2)
[^c21581151]: Source—1970 s.239
[^c21868001]: [Pt. 6 Ch. 2](https://www.legislation.gov.uk/ukpga/1988/1/part/6/chapter/2) modified (retrospective to 11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(1)(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/1/3), [Sch. 24 para. 14(5)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/14/5)
[^c21868371]: [Pt. 6 Ch. 2](https://www.legislation.gov.uk/ukpga/1988/1/part/6/chapter/2) modified (19.9.1994) by [Coal Industry Act 1994 (c. 21)](https://www.legislation.gov.uk/ukpga/1994/21), [s. 68(4)](https://www.legislation.gov.uk/ukpga/1994/21/section/68/4), [Sch. 4 para. 13(5)](https://www.legislation.gov.uk/ukpga/1994/21/schedule/4/paragraph/13/5) (with [s. 40(7)](https://www.legislation.gov.uk/ukpga/1994/21/section/40/7), [Sch. 4 para. 14](https://www.legislation.gov.uk/ukpga/1994/21/schedule/4/paragraph/14)); [S.I. 1994/2189](https://www.legislation.gov.uk/uksi/1994/2189), [art. 2](https://www.legislation.gov.uk/uksi/1994/2189/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1994/2189/schedule)
@@ -54137,6 +49867,12 @@
[^c23396661]: [S. 209(2)(b)-(f)](https://www.legislation.gov.uk/ukpga/1988/1/section/209/2/b) excluded (28.12.2007 with effect in accordance with reg. 1 of the affecting S.I.) by [The Taxation of Insurance Securitisation Companies Regulations 2007 (S.I. 2007/3402)](https://www.legislation.gov.uk/uksi/2007/3402), [reg. 8](https://www.legislation.gov.uk/uksi/2007/3402/regulation/8)
[^c23396851]: Words in [s. 209(2)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/209/2/e) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 97(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/97/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23396871]: [S. 209(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/209/6A) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 97(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/97/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23396891]: [S. 209A(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/209A/6A): power to amend conferred (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 521](https://www.legislation.gov.uk/ukpga/2009/4/section/521) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2), [paras. 73-75](https://www.legislation.gov.uk/ukpga/2009/4/paragraph/73))
[^c21581361]: Source—1970 s.234(1), (2)
[^c21581371]: Source—1972 Sch.22 5(2), (3)
@@ -54167,6 +49903,8 @@
[^c23395131]: [S. 212(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/212/4) repealed (with effect in accordance with s. 37 of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 42 Pt. 2(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/2), Note
[^c23396911]: Words in [s. 212(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/212/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 98](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/98) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21581451]: Source—1980 s.117, Sch.18 1-8, 23
[^c21581461]: 1990 s.89*and* Sch.14 para.3 (*correction of errors*)—*deemed always to have had effect. Previously* “(3)(1)(a)”.
@@ -54177,8 +49915,6 @@
[^c21581491]: Source—1980 Sch.18 13
[^c22735921]: Words in [s. 214(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/214/1/c) substituted (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 30 para. 1(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/30/paragraph/1/3)
[^c23394741]: Words in [s. 214(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/214/2) substituted (10.7.2003 subject to Sch. 19 to the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 18 para. 3(4)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/18/paragraph/3/4)
[^c23395571]: Words in [s. 214(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/214/1/a) repealed (with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 111(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/111/2/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -54189,12 +49925,18 @@
[^c23396241]: [S. 214(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/214/1/b) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 23](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/23), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23396971]: Words in [s. 214(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/214/1/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 99(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/99/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23396981]: [S. 214(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/214/1B) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 99(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/99/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21581501]: Source—1980 Sch.18 17
[^c21581511]: Source—1980 Sch.18 18
[^c23394761]: Words in [s. 215(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/215/2) substituted (10.7.2003 subject to Sch. 19 to the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 18 para. 3(5)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/18/paragraph/3/5)
[^c23397051]: Words in [s. 215(7)(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/215/7/8) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 136](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/136)
[^c21581521]: Source—1980 Sch.18 19
[^c21581531]: Source—1980 Sch.18 20
@@ -54285,6 +50027,8 @@
[^c23395631]: Words in [s. 230](https://www.legislation.gov.uk/ukpga/1988/1/section/230) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 112](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/112) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23397521]: [Pt. 6 Chs. 1-3](https://www.legislation.gov.uk/ukpga/1988/1/part/6/chapter/1): power to amend conferred (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 533(2)(3)(d)](https://www.legislation.gov.uk/ukpga/2009/4/section/533/2/3/d)
[^c21581871]: *See* 1989 s.107*and* Sch.12—*close companies.*
[^c21581881]: Source—1972 s.86; 1972 s.110(1)
@@ -54369,6 +50113,8 @@
[^c23396501]: [S. 231AA(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/231AA/5) inserted (with effect in accordance with [s. 47(4)](https://www.legislation.gov.uk/ukpga/2007/11/section/47/4) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 14 para. 2(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/14/paragraph/2/5); [S.I. 2007/2483](https://www.legislation.gov.uk/uksi/2007/2483), [art. 3](https://www.legislation.gov.uk/uksi/2007/2483/article/3)
[^c23397011]: Words in [s. 231AA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/231AA/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 101](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/101) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23395191]: [S. 231AB(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/231AB/1A) inserted (with effect in accordance with [Sch. 24 para. 1(6)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/24/paragraph/1/6) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 24 para. 1(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/24/paragraph/1/2)
[^c23396301]: Words in [s. 231AB(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/231AB/1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 25(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/25/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -54379,6 +50125,8 @@
[^c23396541]: [S. 231AB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/231AB/2) substituted (with effect in accordance with [s. 47(4)](https://www.legislation.gov.uk/ukpga/2007/11/section/47/4) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 14 para. 3(3)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/14/paragraph/3/3); [S.I. 2007/2483](https://www.legislation.gov.uk/uksi/2007/2483), [art. 3](https://www.legislation.gov.uk/uksi/2007/2483/article/3)
[^c23397031]: Words in [s. 231AB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/231AB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 102](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/102) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21583561]: *See* Sch.10 para.5—*profit sharing schemes.*
[^c21583571]: Source—1975 (No.2) s.34(1)-(6)
@@ -54855,6 +50603,12 @@
[^c22736921]: [S. 342(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/342/3A) inserted (with effect in accordance with [Sch. 4 para. 6(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/4/paragraph/6/4) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 4 para. 6(3)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/4/paragraph/6/3); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173)
[^c23427051]: Words in [s. 342(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/342/3A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 105(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/105/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427071]: Words in [s. 342(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/342/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 105(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/105/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427091]: Words in [s. 342(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/342/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 105(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/105/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22736691]: [S. 343](https://www.legislation.gov.uk/ukpga/1988/1/section/343) excluded (24.7.1996) by [Broadcasting Act 1996 (c. 55)](https://www.legislation.gov.uk/ukpga/1996/55), [s. 149(1)(f)](https://www.legislation.gov.uk/ukpga/1996/55/section/149/1/f), [Sch. 7 para 12(2)](https://www.legislation.gov.uk/ukpga/1996/55/schedule/7/paragraph/12/2) (with [s. 43(6)](https://www.legislation.gov.uk/ukpga/1996/55/section/43/6))
[^c22736071]: [S. 343](https://www.legislation.gov.uk/ukpga/1988/1/section/343) excluded (retrospective to 11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(1)(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/1/3), [Sch. 24 para. 20(8)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/20/8)
@@ -54863,8 +50617,6 @@
[^c21591351]: [S. 343(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/2) excluded (16.7.1992) by [Capital Allowances Act 1990 (c. 1)](https://www.legislation.gov.uk/ukpga/1990/1), [s. 152B(10)(e)](https://www.legislation.gov.uk/ukpga/1990/1/section/152B/10/e) (as inserted (16.7.1992) by [Finance Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 67](https://www.legislation.gov.uk/ukpga/1992/48/section/67)).
[^c21591361]: Source-1970 s.252(2), (2A); 1971 Sch.8 16(5); 1986 s.56(7), Sch.13 2; 1987 (No.2) s.64(2)
[^c22736091]: [S. 343(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/3) restricted (retrospective to 11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(1)(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/1/3), [Sch. 24 para. 15(1)(a)(7)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/15/1/a/7)
[^c21591371]: Source-1970 s.252(3)-(7)
@@ -54899,8 +50651,6 @@
[^c22737271]: [S. 343(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/2) excluded (with effect in accordance with s. 579 of the excluding Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [s. 561(5)](https://www.legislation.gov.uk/ukpga/2001/2/section/561/5) (with [Sch. 3](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3))
[^c22755311]: Words in [s. 343(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/2) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 26](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/26) (with [Sch. 3](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3))
[^c23490771]: [S. 343](https://www.legislation.gov.uk/ukpga/1988/1/section/343) applied (with effect in accordance with s. 43(2) of the 2007 amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 227B](https://www.legislation.gov.uk/ukpga/1994/9/section/227B) (as inserted by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 43(1)](https://www.legislation.gov.uk/ukpga/2007/11/section/43/1))
[^c23426791]: Words in [s. 343(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/2) inserted (19.7.2007) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 6 para. 1(1)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/6/paragraph/1/1)
@@ -54913,13 +50663,23 @@
[^c23426921]: [S. 343(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/5) omitted (with effect in accordance with s. 66(8) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 66(4)(a)](https://www.legislation.gov.uk/ukpga/2008/9/section/66/4/a)
[^c23427171]: Words in [s. 343(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 107(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/107/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427191]: Words in [s. 343(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/2/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 107(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/107/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427211]: Words in [s. 343(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/10) inserted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 137(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/137/2)
[^c23427231]: [S. 343(10)(a)-(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/343/10/a) and words omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 137(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/137/3)
[^c21591491]: Source-1970 s.253; 1986 s.42, Sch.10 2
[^c23426631]: Words in [s. 344(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/344/4) inserted (5.12.2005) by [The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229)](https://www.legislation.gov.uk/uksi/2005/3229), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/3229/regulation/1/1), [66](https://www.legislation.gov.uk/uksi/2005/3229/regulation/66)
[^c23426561]: Words in [s. 337(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/337/1) inserted (with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 145(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/145/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23426571]: Words in [s. 337(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/337/2) inserted (with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 145(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/145/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23488661]: [S. 337A(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/337A/1/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 104(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/104/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427021]: Words in [s. 337A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/337A/2/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 104(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/104/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427011]: [S. 337A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/337A/2/b) and word repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 104(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/104/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23426481]: [S. 338](https://www.legislation.gov.uk/ukpga/1988/1/section/338) restricted (5.10.2004) by [Energy Act 2004 (c. 20)](https://www.legislation.gov.uk/ukpga/2004/20), [s. 198(2)](https://www.legislation.gov.uk/ukpga/2004/20/section/198/2), [Sch. 4 para. 3](https://www.legislation.gov.uk/ukpga/2004/20/schedule/4/paragraph/3); [S.I. 2004/2575](https://www.legislation.gov.uk/uksi/2004/2575), [art. 2(1)](https://www.legislation.gov.uk/uksi/2004/2575/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/2004/2575/schedule/1)
@@ -54927,12 +50687,16 @@
[^c23488671]: [S. 338A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/338A/4) repealed (with effect in accordance with s. 38(7) of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c23427111]: Words in [s. 342A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/342A/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 106(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/106/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427131]: Words in [s. 342A(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/342A/8/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 106(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/106/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23427151]: [S. 342A(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/342A/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 106(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/106/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21594971]: *See* S.I. [1988 No.1347](https://www.legislation.gov.uk/ukcm/1988/1347) (*in* Part III Vol.5)*in respect of housing associations.*
[^c23438091]: [S. 376(4)(k)](https://www.legislation.gov.uk/ukpga/1988/1/section/376/4/k) modified (E.W.) (1.12.2008) by [The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839)](https://www.legislation.gov.uk/uksi/2008/2839), [art. 1(1)](https://www.legislation.gov.uk/uksi/2008/2839/article/1/1), [Sch. para. 1](https://www.legislation.gov.uk/uksi/2008/2839/schedule/paragraph/1); [S.I. 2008/3068](https://www.legislation.gov.uk/uksi/2008/3068), [art. 2(1)(b)](https://www.legislation.gov.uk/uksi/2008/3068/article/2/1/b) (with [arts. 6-13](https://www.legislation.gov.uk/uksi/2008/3068/article/6))
[^c21596041]: *See* S.I. [1983 No.368](https://www.legislation.gov.uk/ukcm/1983/368) (*in* Part III Vol.5)—*housing associations.*
[^c21597211]: *See* s.434A—*limitations on loss relief for life assurance company.*
[^c22750761]: [S. 393](https://www.legislation.gov.uk/ukpga/1988/1/section/393) modified (with effect in accordance with s. 69(1) of the modifying Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 20 para. 19](https://www.legislation.gov.uk/ukpga/2000/17/schedule/20/paragraph/19) (with [Sch. 20 para. 26](https://www.legislation.gov.uk/ukpga/2000/17/schedule/20/paragraph/26))
@@ -54961,6 +50725,10 @@
[^c23448431]: Words in [s. 393(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/393/1) substituted (with effect in accordance with [s. 111(3)](https://www.legislation.gov.uk/ukpga/2008/9/section/111/3) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 35 para. 4](https://www.legislation.gov.uk/ukpga/2008/9/schedule/35/paragraph/4)
[^c23449851]: [S. 393](https://www.legislation.gov.uk/ukpga/1988/1/section/393) modified (1.4.2009 with effect in accordance with s. 1329(1) of the modifying Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [ss. 1062](https://www.legislation.gov.uk/ukpga/2009/4/section/1062), [1111](https://www.legislation.gov.uk/ukpga/2009/4/section/1111), [1158(2)(5)](https://www.legislation.gov.uk/ukpga/2009/4/section/1158/2/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23449831]: Words in [s. 393(8)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/393/8/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 110](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/110) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21597551]: Source—1973 ss.30, 32(6)
[^c21597561]: Words in [s. 395(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/395/1/b) substituted (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 120](https://www.legislation.gov.uk/ukpga/1993/34/section/120), [Sch. 14 para. 8(3)(a)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/14/paragraph/8/3/a)
@@ -55025,6 +50793,8 @@
[^c23448601]: [S. 393A(11A)](https://www.legislation.gov.uk/ukpga/1988/1/section/393A/11A) inserted (with effect in accordance with [s. 110(9)](https://www.legislation.gov.uk/ukpga/2008/9/section/110/9) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 110(8)](https://www.legislation.gov.uk/ukpga/2008/9/section/110/8)
[^c23449911]: Words in [s. 393A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/393A/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 111](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/111) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21597601]: [S. 396](https://www.legislation.gov.uk/ukpga/1988/1/section/396) restricted (27.7.1993 with application as mentioned in [s. 165](https://www.legislation.gov.uk/ukpga/1993/34/section/165) of the amending Act) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [ss. 129(9)](https://www.legislation.gov.uk/ukpga/1993/34/section/129/9), [165](https://www.legislation.gov.uk/ukpga/1993/34/section/165)
[^c22749041]: [S. 396](https://www.legislation.gov.uk/ukpga/1988/1/section/396) modified (with application in accordance with Sch. 5 para. 72(2) of the modifying Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 72(1)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/72/1)
@@ -55035,7 +50805,13 @@
[^c21597621]: Source—1970 s.179
[^c23443221]: Words in [s. 396(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/396/2) inserted (with effect in accordance with [s. 57(6)](https://www.legislation.gov.uk/ukpga/2007/11/section/57/6) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 57(1)](https://www.legislation.gov.uk/ukpga/2007/11/section/57/1)
[^c23449931]: Words in [s. 396(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/396/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 112(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/112/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23449951]: Words in [s. 396(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/396/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 112(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/112/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23449971]: [S. 396(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/396/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 112(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/112/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23449991]: [S. 396(2A)(2B)](https://www.legislation.gov.uk/ukpga/1988/1/section/396/2A/2B) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 112(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/112/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22748951]: [Pt. 10 Chs. 1](https://www.legislation.gov.uk/ukpga/1988/1/part/10/chapter/1), [2](https://www.legislation.gov.uk/ukpga/1988/1/part/10/chapter/2) extended (with effect in accordance with s. 44 of the extending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 6 para. 2](https://www.legislation.gov.uk/ukpga/1998/36/schedule/6/paragraph/2), (with Sch. 6 para. 6)
@@ -55049,10 +50825,30 @@
[^c23532851]: Words in [s. 392A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/4/b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 12(3)(4)
[^c23532981]: [S. 392A](https://www.legislation.gov.uk/ukpga/1988/1/section/392A) modified (1.4.2009 with effect in accordance with s. 1329(1) of the modifying Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 1158(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1158/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2), [16](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/16))
[^c23532861]: Words in [s. 392A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532871]: Words in [s. 392A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532891]: Words in [s. 392A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532901]: [S. 392A(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/3/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532911]: Words in [s. 392A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532931]: Words in [s. 392A(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/4/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532951]: Words in [s. 392A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/4/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23532961]: Words in [s. 392A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/392A/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 108(6)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/108/6) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23533011]: [S. 392B](https://www.legislation.gov.uk/ukpga/1988/1/section/392B) excluded (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 113(5)](https://www.legislation.gov.uk/ukpga/2006/25/section/113/5), [Sch. 17 para. 12(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/17/paragraph/12/2)
[^c23533021]: [S. 392B](https://www.legislation.gov.uk/ukpga/1988/1/section/392B) excluded by [The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [reg. 69X(5)](https://www.legislation.gov.uk/uksi/2006/964/regulation/69X/5) (as inserted (6.4.2008) by [The Authorised Investment Funds (Tax) (Amendment) Regulations 2008 (S.I. 2008/705)](https://www.legislation.gov.uk/uksi/2008/705), [regs. 1](https://www.legislation.gov.uk/uksi/2008/705/regulation/1), [5](https://www.legislation.gov.uk/uksi/2008/705/regulation/5))
[^c23533031]: Words in [s. 392B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/392B/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 109](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/109) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22745531]: Words in [s. 397(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/3) substituted (with effect in accordance with [s. 134(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 20 para. 27(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/20/paragraph/27/a)
[^c22745551]: Words in [s. 397(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/3/a/b) substituted (with effect in accordance with [s. 134(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/134/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 20 para. 27(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/20/paragraph/27/b)
@@ -55091,20 +50887,28 @@
[^c23442851]: [S. 397(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/5): definitions of "farming" and "market gardening" substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(5)(d)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/5/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23442691]: Words in [s. 397(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/7) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(6)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/6/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23442871]: Words in [s. 397(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/7) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(6)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23442711]: Words in [s. 397(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/7) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(6)(c)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/6/c), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23442891]: Words in [s. 397(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(7)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/7/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23442911]: Words in [s. 397(8)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8/a) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(7)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/7/b)
[^c23442731]: Words in [s. 397(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/10) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(8)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/8/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23442931]: Words in [s. 397(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/10) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 74(8)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/74/8/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23450031]: Words in [s. 397(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 113(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/113/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450051]: Words in [s. 397(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 113(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/113/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450081]: [S. 397(8)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8/a) substituted for s. 397(8)(a) and following word (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 113(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/113/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450101]: Words in [s. 397(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 113(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/113/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450121]: [S. 397(8)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8/c) and preceding word inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 113(3)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/113/3/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450161]: [S. 397(8)(c)(i)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/8/c/i/ii) substituted (retrospective to 1.4.2009 with effect in accordance with art. 1(2) of the amending S.I.) by The Corporation Tax Act 2009 (Amendment) Order 2009 ([S.I. 2009/2860](https://www.legislation.gov.uk/uksi/2009/2860), [art. 3(2)](https://www.legislation.gov.uk/uksi/2009/2860/article/3/2)
[^c23450141]: Words in [s. 397(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/397/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 113(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/113/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21597791]: Source—1978 s.31
[^c21597801]: Words in [s. 399(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/2) substituted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 73(3)-(5)](https://www.legislation.gov.uk/ukpga/1991/31/section/73/3), [Sch. 15 para. 11](https://www.legislation.gov.uk/ukpga/1991/31/schedule/15/paragraph/11)
@@ -55119,6 +50923,8 @@
[^c23440921]: [S. 399(1)(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/1/1A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 171(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/171/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23450201]: [S. 399(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/1B) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 115(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/115/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450241]: Words in [s. 399(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/2) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 76(2)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/76/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23450251]: Words in [s. 399(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/2/a) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 76(2)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/76/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -55127,7 +50933,9 @@
[^c23450271]: Words in [s. 399(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/2/b) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 76(2)(d)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/76/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23545221]: Words in [s. 399(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/3) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 76(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/76/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23450281]: Words in [s. 399(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/3) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 76(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/76/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23450221]: Words in [s. 399(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/399/3) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 115(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/115/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22743341]: [S. 400](https://www.legislation.gov.uk/ukpga/1988/1/section/400) restricted (retrospective to 11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/3), [Sch. 24 para. 16](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/16)
@@ -55177,43 +50985,17 @@
[^c23450571]: [S. 499(2)(bb)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/499/2/bb/ii) substituted (28.9.2004 with effect in accordance with art. 1(2), Sch. para. 13(4) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 13(3)(5)
[^c21598101]: Source—1980 s.39(1), (2), (4); 1982 s.50
[^c21598111]: Word in [s. 401(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1) substituted (27.7.1993 with effect as mentioned in [s. 109(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/109/4) of the amending Act) by virtue of s. 109(1)(4)
[^c22744561]: Words in [s. 401(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1) substituted (with effect in accordance with [s. 120(2)](https://www.legislation.gov.uk/ukpga/1995/4/section/120/2) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 120(1)(a)](https://www.legislation.gov.uk/ukpga/1995/4/section/120/1/a)
[^c22744601]: [S. 401(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/2) repealed (with effect in accordance with s. 120(2) of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 120(1)(b)](https://www.legislation.gov.uk/ukpga/1995/4/section/120/1/b), [Sch. 29 Pt. 8(15)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/15), Note 2
[^c22766461]: [S. 401(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1A) inserted (27.7.1993 with effect as mentioned in [s. 109(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/109/4) of the amending Act) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 109(2)(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/109/2/4)
[^c22745641]: [S. 401(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1A) repealed (with effect in accordance with s. 105(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 20(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/20/2), [Sch. 41 Pt. 5(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/3), Note (with Sch. 15)
[^c22745661]: [S. 401(1AA)-(1AC)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1AA) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 20(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/20/1) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22750821]: [S. 401](https://www.legislation.gov.uk/ukpga/1988/1/section/401) excluded (with effect in accordance with s. 69(1) of the excluding Act) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [Sch. 20 paras. 1(3)](https://www.legislation.gov.uk/ukpga/2000/17/schedule/20/paragraph/1/3), [26](https://www.legislation.gov.uk/ukpga/2000/17/schedule/20/paragraph/26)
[^c22752351]: [S. 401](https://www.legislation.gov.uk/ukpga/1988/1/section/401) excluded (with effect in accordance with s. 53(1) of the excluding Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 12 para. 20(1)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/12/paragraph/20/1)
[^c22752371]: [S. 401](https://www.legislation.gov.uk/ukpga/1988/1/section/401) excluded (with effect in accordance with Sch. 13 para. 28(1)(2) of the excluding Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 13 para. 15(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/13/paragraph/15/3)
[^c22766481]: [S. 401](https://www.legislation.gov.uk/ukpga/1988/1/section/401) excluded (with effect in accordance with s. 56 of the excluding Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 15 para. 2(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/15/paragraph/2/2)
[^c22748471]: Words in [s. 401(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1/b) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c22766471]: [S. 401(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1B) inserted (with effect in accordance with [s. 39(4)(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/39/4/5) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para. 20](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/20)
[^c22748501]: [S. 401(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1B) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note
[^c23440991]: Word in [s. 401(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 172(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/172/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23441011]: Words in [s. 401(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 172(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/172/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23441051]: Words in [s. 401(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 172(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/172/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23441091]: Words in [s. 401(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 172(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/172/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23441071]: Words in [s. 401(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/401/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 172(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/172/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23450581]: Words in [s. 400(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/400/2/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 116(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/116/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450591]: Words in [s. 400(2)(bb)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/400/2/bb/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 116(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/116/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450401]: Words in [s. 400(2)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/400/2/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 116(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/116/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450421]: Words in [s. 400(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/400/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 116(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/116/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450461]: [S. 400(7)(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/400/7/8) applied (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 326(3)](https://www.legislation.gov.uk/ukpga/2009/4/section/326/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450441]: Words in [s. 400(9A)](https://www.legislation.gov.uk/ukpga/1988/1/section/400/9A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 116(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/116/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21598131]: *See*—1988 s.434A—*limitations on group relief for life assurance company.*1989 s.102—*surrender of company tax refund etc. within group* (*from a day to be appointed not earlier than* 31*March* 1992).
@@ -55259,6 +51041,10 @@
[^c23441821]: Words in [s. 403(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/403/4) inserted (with effect in accordance with [Sch. 10 para. 2](https://www.legislation.gov.uk/ukpga/2006/25/schedule/10/paragraph/2) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 10 para. 43(3)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/10/paragraph/43/3)
[^c23450621]: Words in [s. 403(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/403/1/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 118(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/118/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450641]: Words in [s. 403(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/403/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 118(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/118/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21598361]: Source—1987 (No.2) s.63
[^c21598371]: *Definition applied for purposes of*—1970 s.273A—*transfer of U.K. branch or agency.*1970 s.276(1A)—*replacement of business assets by members of a group.*1990(C) s.161(2)—*interpretation.*
@@ -55275,6 +51061,12 @@
[^c23438651]: Word in [s. 404(2)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/404/2/c) substituted (28.9.2004 with effect in accordance with art. 1(2), Sch. para. 16(3) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 16(2)
[^c23450851]: Words in [s. 404(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/404/2/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 122(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/122/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450871]: Words in [s. 404(6)(a)(ia)](https://www.legislation.gov.uk/ukpga/1988/1/section/404/6/a/ia) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 122(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/122/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450891]: Words in [s. 404(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/404/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 122(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/122/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21598381]: Source—1985 Sch.9 2
[^c21598391]: Source—1985 Sch.9 3
@@ -55325,6 +51117,10 @@
[^c22751551]: Words in [s. 407(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/407/2/b) substituted (with effect in accordance with [s. 579(1)](https://www.legislation.gov.uk/ukpga/2001/2/section/579/1) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 37(2)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/37/2) (with [Sch. 3](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3))
[^c23450911]: Words in [s. 407(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/407/1/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 123(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/123/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450931]: Words in [s. 407(2)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/407/2/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 123(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/123/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22746161]: [S. 410(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/410/1/2) restricted (24.7.1996) by [Broadcasting Act 1996 (c. 55)](https://www.legislation.gov.uk/ukpga/1996/55), [s. 149(1)(f)](https://www.legislation.gov.uk/ukpga/1996/55/section/149/1/f), [Sch. 7 para. 20(1)](https://www.legislation.gov.uk/ukpga/1996/55/schedule/7/paragraph/20/1) (with [s. 43(6)](https://www.legislation.gov.uk/ukpga/1996/55/section/43/6))
[^c22744691]: [S. 410](https://www.legislation.gov.uk/ukpga/1988/1/section/410) restricted (19.7.1995) by [Crown Agents Act 1995 (c. 24)](https://www.legislation.gov.uk/ukpga/1995/24) s. 7(2)
@@ -55409,20 +51205,34 @@
[^c22751501]: [S. 403ZB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZB/2) restricted (with effect in accordance with s. 579(1) of the restricting Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [s. 131(7)](https://www.legislation.gov.uk/ukpga/2001/2/section/131/7) (with [Sch. 3 paras. 54](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/54), [55](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/55))
[^c22749241]: [1996 c.8](https://www.legislation.gov.uk/ukpga/1996/8).
[^c22752181]: [S. 403ZC(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZC/2) repealed (with effect in accordance with s. 82(2) of the repealing Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 45](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/45), [Sch. 40 Pt. 3(12)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/12), Note
[^c23450671]: Words in [s. 403ZC(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZC/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 119](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/119) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22752221]: [S. 403ZD(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/6) inserted (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 30 para. 2(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/30/paragraph/2/2)
[^c23438571]: [S. 403ZD(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/4) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 14(2)(4)
[^c23438591]: [S. 403ZD(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/5) omitted (28.9.2004 with effect in accordance with art. 1(2) of the repealing S.I.) by virtue of The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 14(3)
[^c23438611]: Words in [s. 403ZE(1)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZE/1/b/ii) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 15(2)(3)
[^c23450691]: Words in [s. 403ZD(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450711]: Words in [s. 403ZD(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450731]: Words in [s. 403ZD(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450751]: Words in [s. 403ZD(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450771]: Words in [s. 403ZD(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by virtue of [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450791]: Words in [s. 403ZD(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23450821]: Words in [s. 403ZD(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZD/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 120(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/120/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23438631]: [S. 403ZE(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZE/2) omitted (28.9.2004 with effect in accordance with art. 1(2) of the repealing S.I.) by virtue of The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), Sch. para. 15(4)
[^c23450831]: Words in [s. 403ZE(1)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/403ZE/1/b/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 121](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/121) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23550481]: [Pt. 10 Ch. 4](https://www.legislation.gov.uk/ukpga/1988/1/part/10/chapter/4): [The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575)](https://www.legislation.gov.uk/uksi/2006/575), [reg. 35](https://www.legislation.gov.uk/uksi/2006/575/regulation/35) to be construed as one with this Chapter (6.4.2006) by virtue of regs. 1, 35(2) of that affecting S.I.
[^c23441971]: Words in [s. 403D(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/403D/1) inserted (with effect in accordance with [Sch. 1 para. 9](https://www.legislation.gov.uk/ukpga/2006/25/schedule/1/paragraph/9) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 1 para. 3(2)(a)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/1/paragraph/3/2/a)
@@ -55471,6 +51281,10 @@
[^c23481211]: Words in [s. 414(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/414/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 77](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/77) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23481271]: [S. 414](https://www.legislation.gov.uk/ukpga/1988/1/section/414) applied (with modifications) (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 376(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/376/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23481291]: Words in [s. 414(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/414/1/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 125](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/125), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21599061]: Source—1970 s.283(1)-(3)
[^c21599071]: Source—1970 s.283(4)(a)
@@ -55879,6 +51693,18 @@
[^c23594041]: [S. 431(2ZC)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2ZC/d) and preceding word omitted (with effect in accordance with Sch. 17 para. 19(5) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 19(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/19/2)
[^c23594111]: [S. 431(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2): words in para. (b) of definition of "free assets amount" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 126(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/126/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23594131]: [S. 431(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2): words in definition of "the I minus E basis" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 126(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/126/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23594151]: [S. 431(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2): definition of "life assurance trade profits provisions" inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 126(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/126/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23594171]: [S. 431(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2): words in definition of "net value" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 126(2)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/126/2/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23594191]: Words in [s. 431(2YC)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2YC/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 126(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/126/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23594211]: Words in [s. 431(2YD)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/431/2YD/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 126(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/126/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23594271]: [S. 431A](https://www.legislation.gov.uk/ukpga/1988/1/section/431A) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 9 para. 3](https://www.legislation.gov.uk/ukpga/2005/22/schedule/9/paragraph/3)
[^c23595711]: [S. 431A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/431A/5) repealed (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 11 para. 1(2)(a)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/11/paragraph/1/2/a), [Sch. 26 Pt. 3(14)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/3/14)
@@ -56063,6 +51889,34 @@
[^c23606911]: [S. 432A(8A)(8B)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/8A/8B) omitted (with effect in accordance with Sch. 17 para. 19(5) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 19(3)(c)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/19/3/c)
[^c23606941]: Words in [s. 432A(1ZA)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23606961]: [S. 432A(1ZA)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23606981]: Words in [s. 432A(1ZA)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607001]: [S. 432A(1ZA)(d)(da)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/d/da) substituted for s. 432A(1ZA)(d) (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607021]: Words in [s. 432A(1ZA)(f)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/f) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/e) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607041]: Words in [s. 432A(1ZA)(g)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/g) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(f)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/f) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607061]: Words in [s. 432A(1ZA)(h)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/h) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(g)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/g) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607081]: Words in [s. 432A(1ZA)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/i) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(h)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/h) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607101]: Words in [s. 432A(1ZA)(j)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZA/j) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(2)(i)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/2/i) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607121]: Words in [s. 432A(1ZB)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZB/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607141]: Words in [s. 432A(1ZB)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZB/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607161]: Words in [s. 432A(1ZB)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZB/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607181]: Words in [s. 432A(1ZB)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZB/e) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(3)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/3/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23607201]: Words in [s. 432A(1ZB)(f)](https://www.legislation.gov.uk/ukpga/1988/1/section/432A/1ZB/f) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 130(3)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/130/3/e) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22771711]: [S. 432B](https://www.legislation.gov.uk/ukpga/1988/1/section/432B) modified by [S.I. 1992/1655](https://www.legislation.gov.uk/uksi/1992/1655), [reg. 9](https://www.legislation.gov.uk/uksi/1992/1655/regulation/9) (as amended (31.12.1993) by [The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1993 (S.I. 1993/3111)](https://www.legislation.gov.uk/uksi/1993/3111), [regs. 1](https://www.legislation.gov.uk/uksi/1993/3111/regulation/1), [8](https://www.legislation.gov.uk/uksi/1993/3111/regulation/8))
[^c22771721]: [Ss. 432B-432E](https://www.legislation.gov.uk/ukpga/1988/1/section/432B) excluded (31.7.1992 with effect as mentioned in reg. 1 of the amending S.I.) by [S. I. 1992/1655](https://www.legislation.gov.uk/uksi/1992/1655), [regs. 1](https://www.legislation.gov.uk/uksi/1992/1655/regulation/1), [10](https://www.legislation.gov.uk/uksi/1992/1655/regulation/10)
@@ -56199,6 +52053,8 @@
[^c23613631]: Words in [s. 432AA(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/432AA/5) repealed (with effect in accordance with s. 38(2) of the repealing Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 14(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/14/4), [Sch. 27 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/7), Note (with Sch. 7 Pt. 2)
[^c23613651]: Words in [s. 432AA(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/432AA/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 131(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/131/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22805941]: [S. 432AB](https://www.legislation.gov.uk/ukpga/1988/1/section/432AB) modified by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473)](https://www.legislation.gov.uk/uksi/1997/473), [reg. 13B](https://www.legislation.gov.uk/uksi/1997/473/regulation/13B) (as inserted (13.10.1999) by [The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1999 (S.I. 1999/2636)](https://www.legislation.gov.uk/uksi/1999/2636), [regs. 1](https://www.legislation.gov.uk/uksi/1999/2636/regulation/1), [3](https://www.legislation.gov.uk/uksi/1999/2636/regulation/3))
[^c23613711]: [S. 432AB](https://www.legislation.gov.uk/ukpga/1988/1/section/432AB) modified (12.8.2005 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 (S.I. 2005/2014)](https://www.legislation.gov.uk/uksi/2005/2014), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/2014/regulation/1/1), [11](https://www.legislation.gov.uk/uksi/2005/2014/regulation/11)
@@ -56211,6 +52067,10 @@
[^c23613741]: Words in [s. 432AB(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/432AB/5) substituted (with effect in accordance with [Sch. 17 para. 28(4)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/28/4) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 28(3)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/28/3)
[^c23613781]: Words in [s. 432AB(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/432AB/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 132(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/132/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23613801]: Words in [s. 432AB(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/432AB/4/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 132(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/132/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23631991]: [S. 432G](https://www.legislation.gov.uk/ukpga/1988/1/section/432G) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 21](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/21) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23633041]: [Ss. 432B-432G](https://www.legislation.gov.uk/ukpga/1988/1/section/432B) applied (1.4.2010 with effect in accordance with s. 381(1) of the affecting Act) by [Taxation (International and Other Provisions) Act 2010 (c. 8)](https://www.legislation.gov.uk/ukpga/2010/8), [s. 102(3)](https://www.legislation.gov.uk/ukpga/2010/8/section/102/3) (with [Sch. 9](https://www.legislation.gov.uk/ukpga/2010/8/schedule/9))
@@ -56237,10 +52097,22 @@
[^c23612691]: [S. 432YA(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/432YA/6) substituted (27.12.2008 with effect in accordance with art. 1(2) of the amending S.I.) by [The Insurance Companies (Corporation Tax Acts) (Amendment) (No. 2) Order 2008 (S.I. 2008/3096)](https://www.legislation.gov.uk/uksi/2008/3096), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/3096/article/1/1), [2(3)](https://www.legislation.gov.uk/uksi/2008/3096/article/2/3)
[^c23613171]: Words in [s. 432YA(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/432YA/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 129(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/129/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23613191]: [S. 432YA(6)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/432YA/6/b/c) substituted for s. 432YA(6)(b) and preceding word (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 129(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/129/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23601861]: [S. 431G](https://www.legislation.gov.uk/ukpga/1988/1/section/431G) modified by [The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 (S.I. 1995/1730)](https://www.legislation.gov.uk/uksi/1995/1730), [reg. 12](https://www.legislation.gov.uk/uksi/1995/1730/regulation/12) (as amended (13.8.2007 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2007 (S.I. 2007/2087)](https://www.legislation.gov.uk/uksi/2007/2087), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2007/2087/regulation/1/1), [8](https://www.legislation.gov.uk/uksi/2007/2087/regulation/8))
[^c23602001]: Words in [s. 431G(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/431G/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 127(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/127/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23602021]: Words in [s. 431G(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/431G/4/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 127(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/127/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23602041]: Words in [s. 431G(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/431G/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 127(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/127/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23602081]: [S. 431H](https://www.legislation.gov.uk/ukpga/1988/1/section/431H) modified by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 (S.I. 2005/2014)](https://www.legislation.gov.uk/uksi/2005/2014), [reg. 7A](https://www.legislation.gov.uk/uksi/2005/2014/regulation/7A) (as inserted (14.8.2007 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2007 (S.I. 2007/2134)](https://www.legislation.gov.uk/uksi/2007/2134), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2007/2134/regulation/1/1), [7](https://www.legislation.gov.uk/uksi/2007/2134/regulation/7); and as amended by [S.I. 2008/1937](https://www.legislation.gov.uk/uksi/2008/1937), [regs. 1(1)(2)](https://www.legislation.gov.uk/uksi/2008/1937/regulation/1/1/2), [5](https://www.legislation.gov.uk/uksi/2008/1937/regulation/5))
[^c23602091]: Words in [s. 431H(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/431H/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 128](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/128) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22771881]: [S. 434](https://www.legislation.gov.uk/ukpga/1988/1/section/434) amended (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 78(6)(11)](https://www.legislation.gov.uk/ukpga/1993/34/section/78/6/11)
[^c22787961]: [S. 434(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/434/1) substituted (with effect in accordance with [Sch. 8 para. 57(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/57/1) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 8 para. 19(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/19/2) (with [Sch. 8 para. 55(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/55/2))
@@ -56277,6 +52149,8 @@
[^c23635641]: [S. 434(6A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/434/6A/b) repealed (with effect in accordance with s. 38(2) of the repealing Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 22(3)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/22/3), [Sch. 27 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/7), Note (with Sch. 7 Pt. 2)
[^c23635661]: Words in [s. 434(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/434/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 133](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/133) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22788031]: [S. 434A](https://www.legislation.gov.uk/ukpga/1988/1/section/434A) substituted (with effect in accordance with [Sch. 8 para. 57(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/57/1) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 8 para 20(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/20/1) (with [Sch. 8 para. 55(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/55/2))
[^c22874051]: [S. 434A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/2) substituted (with effect in accordance with Sch. 31 paras. 2(1), 10(1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 31 para. 2(1)(a)(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/31/paragraph/2/1/a/2)
@@ -56305,12 +52179,16 @@
[^c23635831]: Words in [s. 434A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/2/b) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 23(3)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/23/3) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23635851]: Words in [s. 434A(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/2A) substituted (with effect in accordance with [Sch. 10 para. 17(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/17/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 10 para. 15(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/15/2)
[^c23635891]: [S. 434A(3)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/3/aa) inserted (with effect in accordance with [Sch. 17 para. 22(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/22/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 22(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/22/1)
[^c23635871]: [S. 434A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/4) inserted (with effect in accordance with [Sch. 17 para. 21(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/21/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 21(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/21/1)
[^c23635911]: Words in [s. 434A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 134(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/134/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23635951]: Words in [s. 434A(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/2A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 134(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/134/3/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23635931]: Words in [s. 434A(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/434A/2A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 134(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/134/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22783461]: [S. 437](https://www.legislation.gov.uk/ukpga/1988/1/section/437) modified (10.8.1995) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992 (S.I. 1992/1655)](https://www.legislation.gov.uk/uksi/1992/1655), [reg. 10A](https://www.legislation.gov.uk/uksi/1992/1655/regulation/10A) (as inserted by [The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1995 (S.I. 1995/1916)](https://www.legislation.gov.uk/uksi/1995/1916), [regs. 1](https://www.legislation.gov.uk/uksi/1995/1916/regulation/1), [6](https://www.legislation.gov.uk/uksi/1995/1916/regulation/6))
[^c22772351]: [S. 437(2)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/437/2) repealed (for accounting periods beginning on or after 1.1.1992) by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [ss. 48](https://www.legislation.gov.uk/ukpga/1991/31/section/48), [123](https://www.legislation.gov.uk/ukpga/1991/31/section/123), [Sch. 7 paras. 4(4)](https://www.legislation.gov.uk/ukpga/1991/31/schedule/7/paragraph/4/4), [18](https://www.legislation.gov.uk/ukpga/1991/31/schedule/7/paragraph/18), [Sch. 19 Pt. V](https://www.legislation.gov.uk/ukpga/1991/31/schedule/19/part/V), Note 3
@@ -56437,6 +52315,8 @@
[^c23653371]: Word in [s. 440(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/440/4/a) substituted (with effect in accordance with [Sch. 17 para. 10(6)(7)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/10/6/7) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 10(3)(d)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/10/3/d)
[^c23653391]: Words in [s. 440(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/440/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 136](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/136) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22794751]: [S. 440A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/440A/2) modified (20.3.1997 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473)](https://www.legislation.gov.uk/uksi/1997/473), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1997/473/regulation/1/1), [26](https://www.legislation.gov.uk/uksi/1997/473/regulation/26), [27](https://www.legislation.gov.uk/uksi/1997/473/regulation/27); and that modifying reg. 27 is omitted (8.4.2004 with effect in accordance with reg. 1 of the revoking S.I.) by virtue of [S.I. 2004/822](https://www.legislation.gov.uk/uksi/2004/822), [reg. 21](https://www.legislation.gov.uk/uksi/2004/822/regulation/21)
[^c22788901]: [S. 440A(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/440A/2/a) substituted for s. 440A(2)(a)(b) (with effect in accordance with [Sch. 8 para. 57(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/57/1) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 8 para. 6](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/6) (with [Sch. 8 para. 55(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/55/2))
@@ -56473,6 +52353,8 @@
[^c23653511]: [S. 440A(2)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/440A/2/e) modified by [Finance Act 1989 (c. 26)](https://www.legislation.gov.uk/ukpga/1989/26), [s. 83XA(13)](https://www.legislation.gov.uk/ukpga/1989/26/section/83XA/13) (as inserted (with effect in accordance with [Sch. 10 para. 17(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/17/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 10 para. 2(1)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/2/1))
[^c23653521]: Words in [s. 440A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/440A/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 137](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/137) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22790131]: [S. 440B(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/440B/1A) inserted (with effect in accordance with [Sch. 27 para. 5(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/27/paragraph/5/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 27 para. 5(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/27/paragraph/5/1)
[^c22799901]: [S. 440B(1A)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/440B/1A/2) repealed (with effect in accordance with Sch. 3 para. 8(4)(5) of the repealing Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [Sch. 3 para. 8(2)(3)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/3/paragraph/8/2/3), [Sch. 8 Pt. 2(6)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/8/part/2/6), Note
@@ -56493,6 +52375,12 @@
[^c23653661]: Words in [s. 440B(4B)](https://www.legislation.gov.uk/ukpga/1988/1/section/440B/4B) inserted (19.2.2008 with effect in accordance with art. 1(2) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [7](https://www.legislation.gov.uk/uksi/2008/381/article/7)
[^c23653681]: Words in [s. 440B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/440B/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 138(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/138/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653701]: Words in [s. 440B(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/440B/4A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 138(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/138/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653721]: Words in [s. 440B(4B)](https://www.legislation.gov.uk/ukpga/1988/1/section/440B/4B) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 138(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/138/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22773031]: Source—1977 s.45(1)—(4); 1979(C) Sch.7
[^c22773051]: [S. 442(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/442/3) excluded by [Income and Corporation Taxes Act 1970 (c. 10)](https://www.legislation.gov.uk/ukpga/1970/10), [s. 269C(8)](https://www.legislation.gov.uk/ukpga/1970/10/section/269C/8) (as inserted (*retrospectively*) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s.48](https://www.legislation.gov.uk/ukpga/1992/48/section/48))
@@ -56505,6 +52393,8 @@
[^c23653991]: [S. 442(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/442/4) repealed (19.7.2007) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 10 para. 16(3)(c)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/16/3/c), [Sch. 27 Pt. 2(10)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/10), Note
[^c23654011]: Words in [s. 442(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/442/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 140](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/140) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22789421]: [S. 442A](https://www.legislation.gov.uk/ukpga/1988/1/section/442A) restricted (28.7.1995 with effect in accordance with reg. 1 of the affecting S.I.) by [The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 (S.I. 1995/1730)](https://www.legislation.gov.uk/uksi/1995/1730), [regs. 9](https://www.legislation.gov.uk/uksi/1995/1730/regulation/9), [10](https://www.legislation.gov.uk/uksi/1995/1730/regulation/10)
[^c22794811]: [S. 442A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/442A/1) modified (20.3.1997 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473)](https://www.legislation.gov.uk/uksi/1997/473), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1997/473/regulation/1/1), [29](https://www.legislation.gov.uk/uksi/1997/473/regulation/29)
@@ -56517,6 +52407,8 @@
[^c23654071]: Words in [s. 442A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/442A/4) repealed (with effect in accordance with Sch. 33 para. 23(5) of the repealing Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 33 para. 23(4)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/33/paragraph/23/4), [Sch. 43 Pt. 3(12)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/43/part/3/12), Note 4
[^c23654101]: Words in [s. 442A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/442A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 141](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/141) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22794831]: [S. 444A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444A/1) modified (20.3.1997 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473)](https://www.legislation.gov.uk/uksi/1997/473), [regs. 1(1)](https://www.legislation.gov.uk/uksi/1997/473/regulation/1/1), [30](https://www.legislation.gov.uk/uksi/1997/473/regulation/30) (as amended (1.12.2001) by [S.I. 2001/3629](https://www.legislation.gov.uk/uksi/2001/3629), [arts. 1(2)(b)](https://www.legislation.gov.uk/uksi/2001/3629/article/1/2/b), [159](https://www.legislation.gov.uk/uksi/2001/3629/article/159)); and that modifying reg. 30 is omitted (8.4.2004 with effect in accordance with reg. 1 of the revoking S.I.) by virtue of [S.I. 2004/822](https://www.legislation.gov.uk/uksi/2004/822), [reg. 23](https://www.legislation.gov.uk/uksi/2004/822/regulation/23)
[^c22786591]: [S. 444A(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/444A/3A) inserted (with effect in accordance with [Sch. 8 para. 53(1)(3)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/53/1/3) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 8 para. 17(4)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/17/4) (with [Sch. 8 para. 55(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/55/2))
@@ -56551,6 +52443,8 @@
[^c23654411]: [S. 444A(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/444A/3B) inserted (19.2.2008 with effect in accordance with art. 1(2) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [8(3)](https://www.legislation.gov.uk/uksi/2008/381/article/8/3)
[^c23654451]: Words in [s. 444A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/444A/6) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 140(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/140/2)
[^c23662101]: [S. 444AA](https://www.legislation.gov.uk/ukpga/1988/1/section/444AA) substituted (19.2.2008 with effect in accordance with art. 1(2) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [10](https://www.legislation.gov.uk/uksi/2008/381/article/10)
[^c23683291]: [Ss. 444AB-444ABC](https://www.legislation.gov.uk/ukpga/1988/1/section/444AB) substituted for ss. 444AB, 444ABA (with effect in accordance with [Sch. 9 para. 17(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/9/paragraph/17/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 9 para. 4(1)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/9/paragraph/4/1); [S.I. 2008/379](https://www.legislation.gov.uk/uksi/2008/379), [art. 2](https://www.legislation.gov.uk/uksi/2008/379/article/2)
@@ -56605,6 +52499,22 @@
[^c23642051]: Words in [s. 436A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/436A/6) omitted (with effect in accordance with Sch. 17 para. 40(2) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 40(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/40/1)
[^c23642071]: [S. 436A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/436A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 135(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/135/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23642091]: Words in [s. 436A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/436A/2/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 135(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/135/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23642111]: Words in [s. 436A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/436A/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 135(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/135/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653761]: Words in [s. 440C(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/440C/1/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 139(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/139/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653781]: Words in [s. 440C(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/440C/4/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 139(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/139/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653801]: Words in [s. 440C(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/440C/4/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 139(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/139/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653821]: Words in [s. 440C(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/440C/6/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 139(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/139/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23653841]: Words in [s. 440C(7)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/440C/7/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 139(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/139/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23690671]: Words in [s. 444ABB(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444ABB/1) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [13(2)](https://www.legislation.gov.uk/uksi/2008/381/article/13/2)
[^c23690691]: [S. 444ABB(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/444ABB/1A) inserted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [13(3)](https://www.legislation.gov.uk/uksi/2008/381/article/13/3)
@@ -56621,6 +52531,10 @@
[^c23690811]: Words in [s. 444ABD(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444ABD/1) substituted (with effect in accordance with [Sch. 17 para. 33(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/33/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 33(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/33/1)
[^c23690831]: Words in [s. 444ABD(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/444ABD/1A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 144(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/144/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23690851]: Words in [s. 444ABD(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/444ABD/1A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 144(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/144/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23694971]: Words in [s. 444AEA(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/1/a/b) omitted (19.2.2008 with effect in accordance with art. 1(4) of the repealing S.I.) by virtue of [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [19(2)](https://www.legislation.gov.uk/uksi/2008/381/article/19/2)
[^c23694911]: Words in [s. 444AEA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/3) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [19(3)](https://www.legislation.gov.uk/uksi/2008/381/article/19/3)
@@ -56629,6 +52543,18 @@
[^c23694951]: Words in [s. 444AEA(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/5) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [19(5)](https://www.legislation.gov.uk/uksi/2008/381/article/19/5)
[^c23695001]: Words in [s. 444AEA(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 145(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/145/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695061]: Words in [s. 444AEA(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/1/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 145(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/145/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695021]: Words in [s. 444AEA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 145(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/145/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695081]: Words in [s. 444AEA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/3) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 145(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/145/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695041]: Words in [s. 444AEA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 145(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/145/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695101]: Words in [s. 444AEA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEA/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 145(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/145/4/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695121]: Words in [s. 444AEB(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/1/a) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [20(2)(a)](https://www.legislation.gov.uk/uksi/2008/381/article/20/2/a)
[^c23695141]: Words in [s. 444AEB(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/1/b) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [20(2)(b)](https://www.legislation.gov.uk/uksi/2008/381/article/20/2/b)
@@ -56639,6 +52565,22 @@
[^c23695201]: [S. 444AEB(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/4) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [20(4)](https://www.legislation.gov.uk/uksi/2008/381/article/20/4)
[^c23695221]: Words in [s. 444AEB(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695241]: Words in [s. 444AEB(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/1/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695271]: Words in [s. 444AEB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695291]: Words in [s. 444AEB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695311]: Words in [s. 444AEB(2)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/2/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695351]: Words in [s. 444AEB(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695521]: Words in [s. 444AEB(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23695771]: Words in [s. 444AEB(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEB/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 146(4)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/146/4/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23696721]: Words in [s. 444AEC(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/1/a) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [21(2)(a)](https://www.legislation.gov.uk/uksi/2008/381/article/21/2/a)
[^c23697051]: Words in [s. 444AEC(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/1/b) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [21(2)(b)](https://www.legislation.gov.uk/uksi/2008/381/article/21/2/b)
@@ -56649,10 +52591,100 @@
[^c23698581]: Words in [s. 444AEC(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/4) inserted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [21(4)](https://www.legislation.gov.uk/uksi/2008/381/article/21/4)
[^c23699821]: Words in [s. 444AEC(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23699841]: Words in [s. 444AEC(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/1/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23699871]: Words in [s. 444AEC(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23699891]: Words in [s. 444AEC(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23699911]: Words in [s. 444AEC(2)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/2/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23699951]: Words in [s. 444AEC(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AEC/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 147(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/147/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701231]: Words in [s. 444AED(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AED/1) substituted (19.2.2008 with effect in accordance with art. 1(4) of the amending S.I.) by [The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381)](https://www.legislation.gov.uk/uksi/2008/381), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/381/article/1/1), [23](https://www.legislation.gov.uk/uksi/2008/381/article/23)
[^c23701251]: Words in [s. 444AED(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AED/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 151(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/151/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701281]: Words in [s. 444AED(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AED/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 151(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/151/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701311]: Words in [s. 444AED(9)(11)(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AED/9/11/12) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 143](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/143)
[^c23710661]: Words in [s. 444AZA(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZA/1/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 142(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/142/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710681]: Words in [s. 444AZA(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZA/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 142(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/142/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710741]: Words in [s. 444AZA(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZA/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 142(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/142/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710701]: Words in [s. 444AZA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZA/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 142(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/142/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710761]: Words in [s. 444AZA(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZA/5) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 141(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/141/2)
[^c23710781]: Words in [s. 444AZB(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZB/1/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 143(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/143/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710801]: Words in [s. 444AZB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 143(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/143/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710861]: Words in [s. 444AZB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZB/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 143(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/143/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710821]: Words in [s. 444AZB(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZB/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 143(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/143/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710881]: Words in [s. 444AZB(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AZB/5) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 142(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/142/2)
[^c23635411]: [1970 c. 9](https://www.legislation.gov.uk/ukpga/1970/9)
[^c23700611]: Words in [s. 444AECA(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 148(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/148/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700671]: Words in [s. 444AECA(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA/1/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 148(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/148/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700631]: Words in [s. 444AECA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 148(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/148/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700691]: Words in [s. 444AECA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA/3) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 148(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/148/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700651]: Words in [s. 444AECA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 148(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/148/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700711]: Words in [s. 444AECA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECA/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 148(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/148/4/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700731]: Words in [s. 444AECB(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700751]: Words in [s. 444AECB(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/1/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700781]: Words in [s. 444AECB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700801]: Words in [s. 444AECB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700821]: Words in [s. 444AECB(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700841]: Words in [s. 444AECB(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700861]: Words in [s. 444AECB(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700881]: Words in [s. 444AECB(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/3/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(4)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/4/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700911]: Words in [s. 444AECB(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700931]: Words in [s. 444AECB(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23700951]: Words in [s. 444AECB(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECB/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 149(6)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/149/6) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701001]: Words in [s. 444AECC(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701021]: Words in [s. 444AECC(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/1/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701051]: Words in [s. 444AECC(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701071]: Words in [s. 444AECC(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701091]: Words in [s. 444AECC(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701111]: Words in [s. 444AECC(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701131]: Words in [s. 444AECC(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701151]: Words in [s. 444AECC(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/3/a/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(4)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/4/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23701181]: Words in [s. 444AECC(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AECC/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 150(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/150/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22875571]: [S. 444BA](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA) modified (23.12.1996 with effect in accordance with reg. 1 of the modifying S.I.) by [The Insurance Companies (Reserves) (Tax) Regulations 1996 (S.I. 1996/2991)](https://www.legislation.gov.uk/uksi/1996/2991), [regs. 4-12](https://www.legislation.gov.uk/uksi/1996/2991/regulation/4)
[^c22811681]: Words in [ss. 444BA-444BD](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA) substituted (1.12.2001 with effect in accordance with arts. 1(2)(a), 30(9) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 30(1)](https://www.legislation.gov.uk/uksi/2001/3629/article/30/1)
@@ -56663,10 +52695,18 @@
[^c23710941]: Words in [s. 444BA(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA/11) substituted (29.10.2008 with effect in accordance with art. 1 of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2008 (S.I. 2008/2673)](https://www.legislation.gov.uk/uksi/2008/2673), [art. 2](https://www.legislation.gov.uk/uksi/2008/2673/article/2)
[^c23710981]: [S. 444BA](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA): power to apply (with modifications) conferred (21.7.2009) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [s. 47](https://www.legislation.gov.uk/ukpga/2009/10/section/47)
[^c23710991]: [S. 444BA](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA) applied (with modifications) (1.9.2009 with effect in accordance with reg. 1(2) of the affecting S.I.) by The Lloyd?s [Underwriters (Equalisation Reserves) (Tax) Regulations 2009 (S.I. 2009/2039)](https://www.legislation.gov.uk/uksi/2009/2039), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2009/2039/regulation/1/1), [2-5](https://www.legislation.gov.uk/uksi/2009/2039/regulation/2)
[^c23710961]: Words in [s. 444BA(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 155](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/155) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22811781]: Words in [ss. 444BA-444BD](https://www.legislation.gov.uk/ukpga/1988/1/section/444BA) substituted (1.12.2001 with effect in accordance with arts. 1(2)(a), 30(9) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 30(1)](https://www.legislation.gov.uk/uksi/2001/3629/article/30/1)
[^c23711001]: Words in [s. 444BB(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444BB/3/b) substituted (with effect in accordance with [s. 153(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(1)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/1/a)
[^c23711011]: Words in [s. 444BB(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/444BB/2/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 156](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/156) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22798721]: [1985 c. 6](https://www.legislation.gov.uk/ukpga/1985/6).
[^c22811831]: Words in [s. 444BC(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/444BC/1) substituted (1.12.2001 with effect in accordance with arts. 1(2)(a), 30(9) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 30(5)](https://www.legislation.gov.uk/uksi/2001/3629/article/30/5)
@@ -56683,12 +52723,18 @@
[^c23710401]: Words in [s. 444AF(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AF/5/b) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 37(3)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/37/3) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23710501]: Words in [s. 444AF(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AF/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 152(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/152/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710561]: Words in [s. 444AF(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AF/5/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 152(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/152/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23710421]: [S. 444AK(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AK/1/b) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/38/2) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23710441]: Words in [s. 444AK(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AK/3) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 38(3)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/38/3) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23710461]: Words in [s. 444AK(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AK/5/b) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 38(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/38/4) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23710541]: Words in [s. 444AK(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/444AK/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 154](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/154) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21604431]: Source—1970 s.331
[^c21604441]: Words in [s. 459](https://www.legislation.gov.uk/ukpga/1988/1/section/459) inserted (19.2.1993) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 56](https://www.legislation.gov.uk/ukpga/1992/48/section/56), [Sch. 9 para.4](https://www.legislation.gov.uk/ukpga/1992/48/schedule/9/paragraph/4); [S.I. 1993/236](https://www.legislation.gov.uk/uksi/1993/236), [art.2](https://www.legislation.gov.uk/uksi/1993/236/article/2)
@@ -56831,6 +52877,8 @@
[^c23717661]: [S. 461(12)(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/461/12/13) inserted (19.7.2007) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 12 para. 4(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/12/paragraph/4/4)
[^c23717681]: Words in [s. 461(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/461/8) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 144](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/144)
[^c21605881]: Source—1970 s.336; 1985 Sch.10 Part II
[^c21605891]: Words in [s. 462(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/462/2/a) substituted (19.2.1993) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 56](https://www.legislation.gov.uk/ukpga/1992/48/section/56), [Sch. 9](https://www.legislation.gov.uk/ukpga/1992/48/schedule/9) par. 8(2) [S.I. 1993/236](https://www.legislation.gov.uk/uksi/1993/236), [art.2](https://www.legislation.gov.uk/uksi/1993/236/article/2)
@@ -56905,6 +52953,8 @@
[^c21606471]: [S. 465(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/465/6) added (19.2.1993) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 56](https://www.legislation.gov.uk/ukpga/1992/48/section/56), [Sch. 9 para.12](https://www.legislation.gov.uk/ukpga/1992/48/schedule/9/paragraph/12) ; [S.I. 1993/236](https://www.legislation.gov.uk/uksi/1993/236), [art.2](https://www.legislation.gov.uk/uksi/1993/236/article/2)
[^c23718171]: Words in [s. 465(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/465/5) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 146](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/146)
[^c23718191]: [S. 466(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/466/2): word in definition of "tax exempt life or endowment business" substituted (retrospectively) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 12 paras. 3](https://www.legislation.gov.uk/ukpga/2007/11/schedule/12/paragraph/3), [6(1)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/12/paragraph/6/1)
[^c21606641]: Definitions in s. 466(2) inserted (19.2.1993) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 56](https://www.legislation.gov.uk/ukpga/1992/48/section/56), [Sch. 9 para. 14(4)](https://www.legislation.gov.uk/ukpga/1992/48/schedule/9/paragraph/14/4); [S.I. 1993/236](https://www.legislation.gov.uk/uksi/1993/236), [art. 2](https://www.legislation.gov.uk/uksi/1993/236/article/2)
@@ -56985,6 +53035,8 @@
[^c22811601]: [S. 461C(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/461C/4/5) substituted for s. 461C(4)-(7) (1.12.2001 with effect in accordance with art. 1(2)(a) of the amending S.I.) by [The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629)](https://www.legislation.gov.uk/uksi/2001/3629), [art. 36(5)](https://www.legislation.gov.uk/uksi/2001/3629/article/36/5)
[^c23717821]: Words in [s. 461C(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/461C/5) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 145](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/145)
[^c21607151]: Source—1970 s.338(1)—(3); 1982 s.36(1); 1974 s.28(1)(b); 1987 s.31
[^c21607161]: Words in [s. 467(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/467/1) substituted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 74(2)(a)](https://www.legislation.gov.uk/ukpga/1991/31/section/74/2/a),(6)
@@ -57067,30 +53119,6 @@
[^c23719141]: [S. 468A(2)(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/468A/2/3/4) applied (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 488](https://www.legislation.gov.uk/ukpga/2009/4/section/488) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21607811]: Source—1977 s.46; 1979(C) Sch.7
[^c21607821]: Words in 473(2)(5) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/290/1), [Sch. 10 para. 14(27)(a)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/27/a) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
[^c21607861]: Words in [s. 473(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/6) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/290/1), [Sch. 10 para. 14(27)(b)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/27/b) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
[^c21607891]: Words in [s. 473(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/7) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/290/1), [Sch. 10 para. 14(27)(c)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/27/c) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
[^c22791881]: [S. 473(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/5) repealed (with effect in accordance with s. 164(5) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(24)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/24), Note
[^c22801601]: Words in [s. 473(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/2) repealed (with effect in accordance with s. 101(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(23)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/23), Note 1
[^c22813241]: Words in [s. 473(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/2) repealed (with effect in accordance with s. 67(4)(a) of the repealing Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 67(1)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/1/a), [Sch. 40 Pt. 3(8)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/8), Note
[^c22813261]: Words in [s. 473(2)(a)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/2/a/7) substituted (with effect in accordance with [s. 67(4)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/4/a) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 67(1)(b)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/1/b)
[^c22813291]: Word in [s. 473(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/2/b) substituted (with effect in accordance with [s. 67(4)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/4/a) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 67(1)(c)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/1/c)
[^c22813311]: [S. 473(2A)(2B)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/2A/2B) inserted (with effect in accordance with [s. 67(4)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/4/a) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 67(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/67/2)
[^c22813331]: Words in [s. 473(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/6) substituted (with effect in accordance with [Sch. 9 para. 8(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/9/paragraph/8/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 9 para. 4(4)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/9/paragraph/4/4)
[^c23722001]: Words in [s. 473(1)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/473/1/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 183](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/183) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22765351]: Words in [s. 475(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/2/a) repealed (with effect in accordance with Sch. 8 para. 55 of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 8 para. 25(1)(b)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/8/paragraph/25/1/b), [Sch. 29 Pt. 8(5)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/5), Note 1
[^c22792021]: [S. 475(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/1) substituted (with effect in accordance with [s. 154(9)](https://www.legislation.gov.uk/ukpga/1996/8/section/154/9) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 28 para. 3(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/28/paragraph/3/1)
@@ -57099,17 +53127,17 @@
[^c22792041]: Words in [s. 475(3)(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/3/8) substituted (with effect in accordance with [s. 154(9)](https://www.legislation.gov.uk/ukpga/1996/8/section/154/9) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 28 para. 3(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/28/paragraph/3/2)
[^c22792091]: Words in [s. 475(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/4) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 27(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/27/2) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22791951]: Words in [s. 475(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/5) repealed (with effect in accordance with s. 154(9) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(18)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/18), Note
[^c22791971]: [S. 475(6)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/6/7) repealed (with effect in accordance with s. 154(9) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(18)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/18), Note
[^c22792001]: Words in [s. 475(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/8) repealed (with effect in accordance with s. 154(9) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 41 Pt. 5(18)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/18), Note
[^c23721961]: Word in [s. 472A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/472A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 182(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/182/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23721981]: Word in [s. 472A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/472A/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 182(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/182/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23722031]: Words in [s. 475(1)(b)(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/1/b/2/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 160(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/160/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23722071]: [S. 475(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/2/b) and preceding word repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 160(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/160/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23722081]: Words in [s. 475(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/475/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 160(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/160/c), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22791661]: [S. 469](https://www.legislation.gov.uk/ukpga/1988/1/section/469) extended (27.7.1993) by [1993 c. 37](https://www.legislation.gov.uk/ukpga/1993/37), [s. 12](https://www.legislation.gov.uk/ukpga/1993/37/section/12), [Sch. 2 Pt. I para. 22(1)(2)](https://www.legislation.gov.uk/ukpga/1993/37/schedule/2/part/I/paragraph/22/1/2)
@@ -57121,8 +53149,6 @@
[^c22794201]: [S. 469(5A)-(5D)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/5A) inserted by [Finance Act 1988 (c. 39)](https://www.legislation.gov.uk/ukpga/1988/39), [s. 71](https://www.legislation.gov.uk/ukpga/1988/39/section/71)
[^c22794211]: Words in [s. 469(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/6) substituted (with effect in accordance with [Sch. 14 para. 7](https://www.legislation.gov.uk/ukpga/1994/9/schedule/14/paragraph/7) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/1994/9/schedule/14/paragraph/5)
[^c22794221]: [S. 469(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/6A) inserted (with effect in accordance with s. [s. 113(4)-(11)](https://www.legislation.gov.uk/ukpga/1994/9/section/113/4) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 113(3)(b)](https://www.legislation.gov.uk/ukpga/1994/9/section/113/3/b)
[^c22801241]: [S. 469(2A)(2B)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/2A/2B) inserted (with effect in accordance with [Sch. 4 para. 12(5)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/4/paragraph/12/5) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [Sch. 4 para. 12(3)](https://www.legislation.gov.uk/ukpga/1997/58/schedule/4/paragraph/12/3)
@@ -57137,8 +53163,6 @@
[^c23721521]: [S. 469(4A)-(4D)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/4A) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 87(4)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/87/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23721541]: Words in [s. 469(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/5) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 87(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/87/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23721641]: [S. 469(5A)-(5D)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/5A)(7)-(10) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 87(6)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/87/6), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23721731]: Words in [s. 469(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/1) substituted (3.2.2009 with effect in accordance with art. 1(2) of the amending S.I.) by [The Income Tax Act 2007 (Amendment) Order 2009 (S.I. 2009/23)](https://www.legislation.gov.uk/uksi/2009/23), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2009/23/article/1/1), [2(2)](https://www.legislation.gov.uk/uksi/2009/23/article/2/2)
@@ -57147,6 +53171,8 @@
[^c23721771]: [S. 469(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/6A) omitted (3.2.2009 with effect in accordance with art. 1(2) of the repealing S.I.) by virtue of [The Income Tax Act 2007 (Amendment) Order 2009 (S.I. 2009/23)](https://www.legislation.gov.uk/uksi/2009/23), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2009/23/article/1/1), [2(4)](https://www.legislation.gov.uk/uksi/2009/23/article/2/4)
[^c23721791]: [S. 469(4A)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/469/4A)(6) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 157](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/157), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22803991]: [1982 c.53](https://www.legislation.gov.uk/ukpga/1982/53).
[^c23721321]: Words in [s. 469A(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/469A/1/c) substituted (with effect in accordance with [s. 183(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/183/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 183(2)](https://www.legislation.gov.uk/ukpga/2003/14/section/183/2)
@@ -57163,8 +53189,6 @@
[^c21608361]: [S. 477A(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/10) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 52(1)](https://www.legislation.gov.uk/ukpga/1991/31/section/52/1), [Sch. 11 para. 2(3)](https://www.legislation.gov.uk/ukpga/1991/31/schedule/11/paragraph/2/3)
[^c21608371]: [S. 477A(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/10): definition of "qualifying deposit right" inserted (16.7.1992) by [Finance (No. 2) Act 1992 (c. 48)](https://www.legislation.gov.uk/ukpga/1992/48), [s. 34](https://www.legislation.gov.uk/ukpga/1992/48/section/34), [Sch. 8 paras. 3(3)](https://www.legislation.gov.uk/ukpga/1992/48/schedule/8/paragraph/3/3), [6](https://www.legislation.gov.uk/ukpga/1992/48/schedule/8/paragraph/6)
[^c22792121]: [S. 477A(3)(a)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/3/a/aa) substituted for s. 477A(3)(a) (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 28(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/28/1) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c21608331]: *See* 1990 Sch.5 para.16(1), (4), (5)—*for the year* 1991-92,*the words from* “actual” *to the end of the paragraph are replaced by* “appropriate amount”;*and the following subs. is inserted after* subs.(3):— “(3A) In subsection (3)(a) above the reference to the appropriate amount is to the actual amount paid or credited in the accounting period of any such dividends or interest together with—(a) in the case of dividends or interest paid or credited in the year 1990-91, any amount accounted for and paid by the society in respect thereof as representing income tax, and (b) in the case of dividends or interest paid or credited in the year 1991-92, any amount of income tax accounted for and paid by the society in respect thereof.”
@@ -57175,20 +53199,10 @@
[^c22807981]: [S. 477A(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/2A) inserted (28.7.2000) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 111(4)](https://www.legislation.gov.uk/ukpga/2000/17/section/111/4)
[^c22813351]: Words in [s. 477A(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/3/a) inserted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 47(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/47/2)
[^c22813371]: Words in [s. 477A(3)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/3/aa) inserted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 47(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/47/3)
[^c23722331]: [S. 477A](https://www.legislation.gov.uk/ukpga/1988/1/section/477A) applied (with effect in accordance with s. 56 of the affecting Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/7/schedule/2) para,. 5
[^c23722221]: Words in [s. 477A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 184(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/184/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23722241]: Words in [s. 477A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 184(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/184/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23722281]: [S. 477A(5)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/5/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 184(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/184/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23722261]: [S. 477A(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/10): definition of "certified SAYE savings arrangement" inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 184(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/184/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23722381]: [S. 477A(1)-(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 88(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/88/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23722431]: Words in [s. 477A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/3) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 88(3)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/88/3/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -57199,7 +53213,7 @@
[^c23722341]: [S. 477A(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/9) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 88(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/88/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23722491]: [S. 477A(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/10): definitions of "qualifying certificate of deposit", "qualifying deposit right" and "security" repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 88(6)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/88/6), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23722551]: [S. 477A(3)(a)(aa)(4)(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/477A/3/a/aa/4/10) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 161](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/161), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21609341]: Source—1970 s.340, 345; CUA 1979 s.25(2)
@@ -57207,57 +53221,23 @@
[^c22789441]: [S. 486(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/8) excluded (with effect in accordance with s. 131(4) of the affecting Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 131(1)(2)(b)](https://www.legislation.gov.uk/ukpga/1995/4/section/131/1/2/b)
[^c21609361]: [1965 c. 12](https://www.legislation.gov.uk/ukpga/1965/12).
[^c21609371]: [1969 c. 24 (N.I.)](https://www.legislation.gov.uk/apni/1969/24).
[^c22792221]: Words in [s. 486(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/1) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 30(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/30/a) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22792241]: Words in [s. 486(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/7) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 30(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/30/b) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22792261]: [S. 486(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/8) excluded by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 117A(7)(8)(b)](https://www.legislation.gov.uk/ukpga/1992/12/section/117A/7/8/b), [117B(5)(6)(b)](https://www.legislation.gov.uk/ukpga/1992/12/section/117B/5/6/b) (as inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 62](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/62) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15)))
[^c22802471]: Words in [s. 486(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/10) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c22813041]: Words in [s. 486(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/12) substituted (27.3.2002) by [The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794)](https://www.legislation.gov.uk/uksi/2002/794), [art. 1(2)](https://www.legislation.gov.uk/uksi/2002/794/article/1/2), [Sch. 1 para. 31](https://www.legislation.gov.uk/uksi/2002/794/schedule/1/paragraph/31)
[^c23723951]: Words in [s. 486(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 188(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/188/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23723971]: Words in [s. 486(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 188(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/188/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23723991]: Words in [s. 486(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 188(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/188/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724011]: [S. 486(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/5) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 188(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/188/4), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724051]: [S. 486(2)(3)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/2/3/6) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 90(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/90/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23724031]: Words in [s. 486(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/7) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 90(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/90/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23724091]: [S. 486(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/12): definition of "registered industrial and provident society" substituted (29.11.2007) by [The Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (S.I. 2007/3186)](https://www.legislation.gov.uk/uksi/2007/3186), [reg. 1(2)](https://www.legislation.gov.uk/uksi/2007/3186/regulation/1/2), [Sch. 2 para. 16](https://www.legislation.gov.uk/uksi/2007/3186/schedule/2/paragraph/16)
[^c23724101]: OJ L 207, 18.8.2003. p1.
[^c21609381]: Source—1970 s.340A; CUA 1979 s.25(1)
[^c21609391]: [1965 c. 12](https://www.legislation.gov.uk/ukpga/1965/12).
[^c21609401]: [S.I. 1985/1205](https://www.legislation.gov.uk/uksi/1985/1205) (N.I. 12.).
[^c22792281]: [S. 487(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/1/b) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 31(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/31/1) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22792301]: Words in [s. 487(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/3) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 31(2)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/31/2/a) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22792321]: Word in [s. 487(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/3) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 31(2)(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/31/2/b) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22792341]: [S. 487(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/3A) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 31(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/31/3) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22808631]: Words in [s. 487(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/4) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 40](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/40)
[^c23724211]: Words in [s. 487(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/3) repealed (with effect in accordance with s. 38 of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c23724231]: Words in [s. 487(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/4) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 22
[^c23724251]: Words in [s. 487(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/487/2) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 91](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/91) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23724111]: Words in [s. 486(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 163(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/163/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23724131]: [S. 486(4)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/4/7) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 163(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/163/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23724161]: [S. 486(10)(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/10/11) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 163(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/163/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23724191]: [S. 486(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/486/12): definition of "registered industrial and provident society" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 163(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/163/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21609491]: Source—1970 s.341; 1972 Sch.11 6
@@ -57355,34 +53335,6 @@
[^c22801671]: Words in [s. 490(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/490/1) repealed (with effect in accordance with Sch. 3 para. 28(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 3 para. 28(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/3/paragraph/28/2), [Sch. 27 Pt. 3(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/2), Note
[^c21609671]: Source—1970 s.347
[^c21609681]: *See* 1988(F) Sch.14 Part V—*repeal of* (b)*from* 6*April* 1993.
[^c22802651]: Words in [s. 491(3)(4)(5)(6)(8)(b)(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/3/4/5/6/8/b/11) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23724371]: Words in [s. 491(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724391]: Words in [s. 491(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724411]: Words in [s. 491(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724451]: Words in [s. 491(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724491]: Words in [s. 491(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/3/b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724511]: Words in [s. 491(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/3/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724531]: Words in [s. 491(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/5), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724551]: [S. 491(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/5) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(6)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/6), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23724571]: Words in [s. 491(10)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/491/10/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 189(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/189/7), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21608401]: Words in [s. 477B(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/477B/5) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/290/1), [Sch. 10 para. 14(28)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/28) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
[^c22813391]: [S. 477B(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/477B/1A) inserted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 48](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/48)
[^c21609721]: [S. 492(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/492/1/a/b) applied (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [s. 198(5)(b)](https://www.legislation.gov.uk/ukpga/1992/12/section/198/5/b) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
[^c21609741]: Words in [s. 492(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/492/3) substituted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 73(3)(4)(5)](https://www.legislation.gov.uk/ukpga/1991/31/section/73/3/4/5), [Sch. 15 para. 17](https://www.legislation.gov.uk/ukpga/1991/31/schedule/15/paragraph/17)
@@ -57401,6 +53353,8 @@
[^c23726201]: [S. 492(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/492/3A) inserted (with effect in accordance with [s. 112(2)-(5)](https://www.legislation.gov.uk/ukpga/2008/9/section/112/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 112(1)](https://www.legislation.gov.uk/ukpga/2008/9/section/112/1)
[^c23726221]: Words in [s. 492(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/492/3A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 166](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/166) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22802721]: [S. 493(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/493/6) inserted (with effect in accordance with [s. 152(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/152/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 152(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/152/3)
[^c23726241]: Words in [s. 493(2)(a)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/493/2/a/i) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 191](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/191) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -57467,6 +53421,20 @@
[^c23726851]: [S. 494(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/3) repealed (with effect in accordance with s. 38 of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c23726871]: Words in [s. 494(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23726891]: Words in [s. 494(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23726921]: Words in [s. 494(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/2/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23726941]: Words in [s. 494(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23726971]: Words in [s. 494(2ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/2ZA) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23726991]: Words in [s. 494(2A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/2A/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23727011]: Words in [s. 494(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/494/2A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 167(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/167/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21609771]: [1982 c. 39](https://www.legislation.gov.uk/ukpga/1982/39)
[^c22808851]: Words in [s. 495(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/495/1) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 42(1)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/42/1)
@@ -57499,6 +53467,10 @@
[^c22891171]: [S. 500(5)-(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/500/5) substituted for s. 500(5) by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 62(2)](https://www.legislation.gov.uk/ukpga/1990/29/section/62/2)
[^c23728681]: [S. 500(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/500/3/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 170(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/170/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23728701]: Words in [s. 500(6)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/500/6/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 170(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/170/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22891211]: [S. 502(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/502/1): definition of "ring fence trade" added by [Finance Act 1990 (c. 29)](https://www.legislation.gov.uk/ukpga/1990/29), [s. 62(3)](https://www.legislation.gov.uk/ukpga/1990/29/section/62/3)
[^c21609931]: [1975 c. 22](https://www.legislation.gov.uk/ukpga/1975/22).
@@ -57527,7 +53499,7 @@
[^c23727081]: [S. 494A(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/494A/3/b) and preceding word repealed (with effect in accordance with s. 38 of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c22804821]: [1996 c.8](https://www.legislation.gov.uk/ukpga/1996/8).
[^c23727091]: Words in [s. 494A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/494A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 169](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/169) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22813711]: Words in [s. 494AA(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/494AA/2) substituted (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 103(4)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/103/4/a)
@@ -57539,6 +53511,12 @@
[^c23727161]: [S. 494AA(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/494AA/6): definition of "long funding operating lease" inserted (with effect in accordance with [Sch. 9 para. 1(5)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/9/paragraph/1/5) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 9 para. 1(4)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/9/paragraph/1/4)
[^c23727181]: Words in [s. 494AA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/494AA/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 168(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/168/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23727201]: Words in [s. 494AA(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/494AA/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 168(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/168/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23727221]: Words in [s. 494AA(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/494AA/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 168(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/168/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22813771]: Words in [s. 501A(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/a) inserted (with effect in accordance with s. 79(3), [Sch. 23 para. 25](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/25) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 23 para. 18(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/18/2) (with [s. 81(4)(5)](https://www.legislation.gov.uk/ukpga/2002/23/section/81/4/5))
[^c22813791]: [S. 501A(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/b) substituted (with effect in accordance with s. 79(3), [Sch. 23 para. 25](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/25) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 23 para. 18(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/18/3) (with [s. 81(4)(5)](https://www.legislation.gov.uk/ukpga/2002/23/section/81/4/5))
@@ -57553,6 +53531,16 @@
[^c23728761]: [S. 501A(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/11) inserted (with effect in accordance with [Sch. 9 para. 2(4)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/9/paragraph/2/4) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 9 para. 2(3)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/9/paragraph/2/3)
[^c23728801]: Words in [s. 501A(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 171(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/171/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23728821]: Words in [s. 501A(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 171(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/171/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23728841]: Words in [s. 501A(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 171(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/171/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23728861]: Words in [s. 501A(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 171(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/171/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23728881]: Words in [s. 501A(5)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/501A/5/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 171(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/171/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22808911]: [S. 503](https://www.legislation.gov.uk/ukpga/1988/1/section/503) applied (with effect in accordance with s. 579 of the affecting Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [s. 249(2)](https://www.legislation.gov.uk/ukpga/2001/2/section/249/2) (with [Sch. 3 paras. 54](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/54), [55](https://www.legislation.gov.uk/ukpga/2001/2/schedule/3/paragraph/55))
[^c22813931]: [S. 503](https://www.legislation.gov.uk/ukpga/1988/1/section/503) applied (with effect in accordance with Sch. 29 Pt. 14 of the affecting Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 29 para. 32(4)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/29/paragraph/32/4)
@@ -57561,8 +53549,6 @@
[^c23729871]: Words in [s. 503(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/1/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 195(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/195/2/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23729771]: Word in [s. 503(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/1/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 195(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/195/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23729791]: Words in [s. 503(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/1/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 195(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/195/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23729891]: [S. 503(2)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/2/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 195(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/195/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -57571,37 +53557,9 @@
[^c23729831]: Word in [s. 503(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/5) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 195(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/195/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21610111]: [S. 504](https://www.legislation.gov.uk/ukpga/1988/1/section/504) applied (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 241(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/241/2), [289](https://www.legislation.gov.uk/ukpga/1992/12/section/289) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
[^c21610121]: Source—1984 s.50(2)-(9)
[^c22793081]: Words in [s. 504(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6) substituted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 14(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/14/2)
[^c22793111]: [S. 504(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6A) inserted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 14(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/14/3)
[^c23730081]: [S. 504(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730101]: Words in [s. 504(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/3/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23729961]: Word in [s. 504(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730121]: Words in [s. 504(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/3/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23729981]: Words in [s. 504(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(3)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/3/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730001]: Words in [s. 504(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(3)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/3/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730021]: Words in [s. 504(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/6A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730171]: Words in [s. 504(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/7) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/5/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730191]: Words in [s. 504(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/7) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/5/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730221]: Words in [s. 504(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/8) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(6)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/6), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730041]: Words in [s. 504(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(7)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/7/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730061]: Word in [s. 504(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/504/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 196(7)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/196/7/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23729921]: Words in [s. 503(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 172(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/172/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23729941]: Words in [s. 503(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/503/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 172(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/172/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22754471]: [S. 505](https://www.legislation.gov.uk/ukpga/1988/1/section/505) modified (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 171](https://www.legislation.gov.uk/ukpga/1994/9/section/171)
@@ -57627,12 +53585,8 @@
[^c22813951]: [S. 505(1)(c)(iic)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iic) inserted (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 30 para. 3](https://www.legislation.gov.uk/ukpga/2002/23/schedule/30/paragraph/3)
[^c23730441]: Words in [s. 505(1)(c)(iia)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iia) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 198(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/198/2/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730281]: [S. 505(1)(c)(iiaa)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iiaa) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 198(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/198/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730301]: Words in [s. 505(1)(c)(iib)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iib) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 198(2)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/198/2/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730401]: [S. 505(1AA)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1AA) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 198(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/198/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23730421]: Words in [s. 505(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 198(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/198/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -57643,16 +53597,12 @@
[^c23730881]: Words in [s. 505(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/a) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730901]: Words in [s. 505(1)(c)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/ii) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(b)(i)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/b/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730921]: [S. 505(1)(c)(iiaa)(iii)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iiaa/iii) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(b)(ii)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/b/ii), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730501]: Words in [s. 505(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(b)(iii)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/b/iii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730951]: Words in [s. 505(1)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/d) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(c)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/c), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730971]: Words in [s. 505(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/e) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(d)(i)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/d/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730521]: Words in [s. 505(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/e) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(d)(ii)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/d/ii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23730991]: Words in [s. 505(1)(f)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/f) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 94(2)(e)(i)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/94/2/e/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -57687,6 +53637,26 @@
[^c23731051]: Words in [s. 505(1)(f)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/f) substituted (1.9.2007) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 25 paras. 1](https://www.legislation.gov.uk/ukpga/2007/11/schedule/25/paragraph/1), [23(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/25/paragraph/23/2); [S.I. 2007/2532](https://www.legislation.gov.uk/uksi/2007/2532), [art. 2](https://www.legislation.gov.uk/uksi/2007/2532/article/2) (with [art. 3](https://www.legislation.gov.uk/uksi/2007/2532/article/3))
[^c23731071]: Words in [s. 505(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731091]: Words in [s. 505(1)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/aa) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731111]: [S. 505(1)(c)(ii)-(iizb)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/ii) substituted for s. 505(1)(c)(ii) (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731241]: [S. 505(1)(c)(iia)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iia) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/4/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731131]: [S. 505(1)(c)(iib)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iib) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(4)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/4/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731151]: [S. 505(1)(c)(iic)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/c/iic) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(4)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/4/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731261]: Words in [s. 505(1)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/d) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731191]: Words in [s. 505(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1/e) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(6)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/6) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731201]: Words in [s. 505(1AA)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/1AA) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/7) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23731221]: Words in [s. 505(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/505/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 174(8)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/174/8) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21610281]: *Definition employed for purposes of*:1990 s.25—*donation to charity by individuals.*1990 s.56*and* Sch.10 para.21—*exemption for convertible securities held by charities.*1990 s.94(1)—*inspection powers* (*definition extended to cover bodies mentioned in* sections 507*and* 508).
[^c21610291]: Source—1970 s.360(3); 1986 s.31(1)(a), (c), Sch.7 1(1)
@@ -57741,24 +53711,6 @@
[^c23732291]: Words in [s. 507(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/507/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 99](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/99) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21610501]: Source—1970 s.362
[^c23732311]: [S. 508(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/508/1/a) substituted (with effect in accordance with [s. 13(6)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/6) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 13(2)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/2)
[^c23732331]: Words in [s. 508(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/508/1) substituted (with effect in accordance with [s. 13(6)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/6) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 13(3)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/3)
[^c23732351]: [S. 508(1A)(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/508/1A/1B) inserted (with effect in accordance with [s. 13(6)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/6) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 13(4)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/4)
[^c23732371]: [S. 508(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/508/3/4) substituted for s. 508(3) (with effect in accordance with [s. 13(6)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/6) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 13(5)](https://www.legislation.gov.uk/ukpga/2005/22/section/13/5)
[^c23732391]: Words in [s. 508(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/508/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 100](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/100) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21610511]: [S. 509(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/509/1) extended (with modifications) (27.7.1993) by [1993 c. 37](https://www.legislation.gov.uk/ukpga/1993/37), [s. 12](https://www.legislation.gov.uk/ukpga/1993/37/section/12), [Sch. 2 Pt. I para. 23](https://www.legislation.gov.uk/ukpga/1993/37/schedule/2/part/I/paragraph/23)
[^c21610521]: Source—1970 s.348; 1971 s.28(1)
[^c22802781]: Words in [s. 509(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/509/1) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c21610531]: Source—1970 s.361
[^c21610551]: Source—O.J. No. L199/1.
@@ -57777,6 +53729,8 @@
[^c23732431]: Words in [s. 510A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/510A/6) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 101(4)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/101/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23732481]: Words in [s. 510A(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/510A/6A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 177](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/177) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21610681]: *See* ss.89*and* 90*and* Sch.11 Electricity Act 1989*in connection with electricity industry privatisation; and see* s.112*and* Sch.18 Electricity Act 1989*for changes to* s.511*from a day to be appointed.*
[^c21610691]: Source—1970 s.350(3)
@@ -57813,6 +53767,8 @@
[^c22808931]: Words in [s. 518(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/518/4) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 43](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/43)
[^c23732611]: [S. 518(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/518/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 178](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/178) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22807771]: [S. 519](https://www.legislation.gov.uk/ukpga/1988/1/section/519) extended (12.1.2000) by [Greater London Authority Act 1999 (c. 29)](https://www.legislation.gov.uk/ukpga/1999/29), [ss. 419(1)(2)(a)](https://www.legislation.gov.uk/ukpga/1999/29/section/419/1/2/a), [425(2)](https://www.legislation.gov.uk/ukpga/1999/29/section/425/2) (with [s. 157(4)](https://www.legislation.gov.uk/ukpga/1999/29/section/157/4)); [S.I. 1999/3434](https://www.legislation.gov.uk/uksi/1999/3434), [art. 2](https://www.legislation.gov.uk/uksi/1999/3434/article/2)
[^c21611001]: Definition applied for purposes of—1979(C) s.149B(3)—*miscellaneous exemptions.*1988 s.832(1)—*interpretation of Tax Acts.*
@@ -57891,6 +53847,12 @@
[^c23732131]: Words in [s. 506C(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/506C/5) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 98(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/98/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23732231]: [S. 506C(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/506C/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 175(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/175/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23732251]: Words in [s. 506C(7)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/506C/7/b/ii) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 175(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/175/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23732271]: Word in [s. 506C(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/506C/8) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 147](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/147)
[^c23729261]: [S. 502B](https://www.legislation.gov.uk/ukpga/1988/1/section/502B) excluded (21.7.2008) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 20 para. 11(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/20/paragraph/11/2)
[^c23729281]: [S. 502B](https://www.legislation.gov.uk/ukpga/1988/1/section/502B) excluded (21.7.2009) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 33 para. 5](https://www.legislation.gov.uk/ukpga/2009/10/schedule/33/paragraph/5)
@@ -57899,352 +53861,8 @@
[^c23729291]: [S. 502C](https://www.legislation.gov.uk/ukpga/1988/1/section/502C) excluded (21.7.2009) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 33 para. 7](https://www.legislation.gov.uk/ukpga/2009/10/schedule/33/paragraph/7)
[^c21611181]: Source - 1970 s.380(1)
[^c21611191]: Source - 1970 s.380(2)
[^c21611221]: Source - 1970 s.380(4)
[^c21611231]: Source - 1970 s.380(5)
[^c22776211]: Words in [s. 524(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2) substituted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 15(2)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/15/2/a)
[^c22776231]: Words in [s. 524(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2) substituted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 15(2)(b)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/15/2/b)
[^c22776251]: [S. 524(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2A) inserted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 15(3)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/15/3)
[^c23733541]: Words in [s. 524(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733581]: Words in [s. 524(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733601]: Words in [s. 524(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733631]: Word in [s. 524(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733651]: Words in [s. 524(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733681]: Word in [s. 524(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733851]: [S. 524(2A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2A/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/4/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733871]: Words in [s. 524(2A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/2A/b) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/4/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733701]: Words in [s. 524(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733721]: Words in [s. 524(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733891]: [S. 524(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(6)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/6), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733741]: [S. 524(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/7) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733911]: Words in [s. 524(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(8)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/8), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733761]: Word in [s. 524(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(9)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/9/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733781]: Words in [s. 524(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(9)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/9/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733811]: Word in [s. 524(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(9)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/9/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733831]: Word in [s. 524(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/8) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 201(10)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/201/10) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23733951]: [S. 524(3)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/3/b/c) and preceding word repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 107(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/107/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23733931]: [S. 524(9)(9A)](https://www.legislation.gov.uk/ukpga/1988/1/section/524/9/9A) substituted for s. 524(9) (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 107(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/107/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21611251]: Source - 1970 s.381(2)
[^c22771321]: [S. 525(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/5) repealed (with effect in accordance with Sch. 14 Pt. 8 Note 4 of the repealing Act) by Finance Act [1988 c. 39](https://www.legislation.gov.uk/ukpga/1988/39), [Sch. 14 Pt. 8](https://www.legislation.gov.uk/ukpga/1988/39/schedule/14/part/8)
[^c22781431]: Words in [s. 525(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/3) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 45](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/45)
[^c23733991]: [S. 525(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734051]: [S. 525(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734011]: Words in [s. 525(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/4/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(4)(a)(i)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/4/a/i) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734071]: Words in [s. 525(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/4/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(4)(a)(ii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/4/a/ii), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734031]: Word in [s. 525(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/4/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(4)(a)(iii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/4/a/iii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734091]: [S. 525(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/525/4/b) and preceding word repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 202(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/202/4/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21611291]: Source - 1970 s.382
[^c22795671]: Word in [s. 526(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/526/1/b) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23734141]: Word in [s. 526(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/526/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 203(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/203/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734161]: Word in [s. 526(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/526/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 203(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/203/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734181]: Words in [s. 526(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/526/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 203(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/203/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734201]: Word in [s. 526(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/526/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 203(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/203/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734221]: [S. 526(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/526/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 203(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/203/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21611321]: Source-1970 s.385; 1985 s.64(2)(d)-(f)
[^c22781201]: [S. 528(1)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/528/1/4) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 46(1)(4)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/46/1/4), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c22781451]: Words in [s. 528(2)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/528/2/3) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 46(2)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/46/2)
[^c22781481]: [S. 528(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/528/3A) inserted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 46(3)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/46/3)
[^c23734301]: [S. 528(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/528/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 205(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/205/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734321]: Words in [s. 528(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/528/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 205(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/205/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734341]: Words in [s. 528(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/528/3A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 205(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/205/4), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21611411]: Source-1970 s.386(2); 1985 s.65(3)(a)
[^c22795691]: [S. 531(2)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/2/7) excluded (8.11.1995) by [Atomic Energy Authority Act 1995 (c. 37)](https://www.legislation.gov.uk/ukpga/1995/37), [Sch. 3 para. 19(2)](https://www.legislation.gov.uk/ukpga/1995/37/schedule/3/paragraph/19/2)
[^c21611431]: Source-1970 s.386(4); 1985 s.65(3)(b)
[^c21611441]: Source-1970 s.386(4)-(6)
[^c21611451]: Source-1970 s.386(8); 1985 Sch.18 Part II 8
[^c22781501]: Words in [s. 531(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/1) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 48(1)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/48/1)
[^c22781271]: Words in [s. 531(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/3) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 48(2)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/48/2), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c22781521]: Words in [s. 531(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/4/a) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 48(3)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/48/3)
[^c22781291]: Words in [s. 531(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/7) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 48(4)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/48/4), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c23734371]: Words in [s. 531(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734391]: Words in [s. 531(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734421]: Words in [s. 531(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734451]: Words in [s. 531(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734471]: [S. 531(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734491]: Words in [s. 531(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734511]: [S. 531(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/3A) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734531]: Word in [s. 531(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734571]: Words in [s. 531(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734551]: Words in [s. 531(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/4/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734601]: Word in [s. 531(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(7)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/7/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734621]: Words in [s. 531(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(7)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/7/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734661]: [S. 531(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(8)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/8), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734641]: Word in [s. 531(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/531/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 207(9)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/207/9) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22781551]: [S. 532](https://www.legislation.gov.uk/ukpga/1988/1/section/532) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 49](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/49)
[^c23734681]: Words in [s. 532](https://www.legislation.gov.uk/ukpga/1988/1/section/532) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 208](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/208) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734701]: Words in [s. 532](https://www.legislation.gov.uk/ukpga/1988/1/section/532) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 109](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/109) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21611551]: Source-1970 s.388; 1985 s.64(2)(g)
[^c22771361]: Words in [s. 533(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/4) inserted (with retrospective effect) by Finance Act 1988, Sch. 13 Pt. 1 paras. 5, 1
[^c21611571]: Source-1970 s.386(8); 1985 Sch.18 Part II 8
[^c22781591]: Words in [ss. 533(1)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/1) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 50(1)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/50/1)
[^c22781331]: Words in [s. 533(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/1) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 4)](https://www.legislation.gov.uk/ukpga/2001/4), [Sch. 2 para. 50(2)(b)](https://www.legislation.gov.uk/ukpga/2001/4/schedule/2/paragraph/50/2/b), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/4/schedule/4)
[^c22781651]: Words in [s. 533(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/7) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 50(3)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/50/3)
[^c23734721]: Words in [s. 533(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 209(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/209/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734741]: [S. 533(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/1): definition of "income from patents" substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 209(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/209/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23734761]: Words in [s. 533(2)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/533/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 209(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/209/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23747961]: Words in [s. 552(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/552/13) omitted (with effect in accordance with Sch. 14 para. 18 of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 14 para. 4(10)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/14/paragraph/4/10)
[^c21612901]: *For regulations see* Part III Vol.5 (*under* “*Entertainers and sportsmen*”).
[^c21612911]: Source-1986 Sch.11 6(4) 7(6)
[^c21612921]: Source-1986 Sch.11 6(2), 7(5)
[^c23749111]: [S. 556(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/556/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 230(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/230/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749071]: [S. 556(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/556/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 230(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/230/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749131]: [S. 556(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/556/3/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 230(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/230/4/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749091]: Words in [s. 556(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/556/3/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 230(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/230/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749151]: [S. 556(4A)](https://www.legislation.gov.uk/ukpga/1988/1/section/556/4A) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 114(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/114/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23749171]: Words in [s. 556(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/556/5) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 114(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/114/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21612971]: Source-1986 Sch.11 10, 11(2)
[^c21612981]: *For regulations see* Part III Vol.5 (*under* “*Entertainers and sportsmen*”).
[^c21612991]: Source-1986 Sch.11 11(1), (3)
[^c23749581]: Words in [s. 568(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/568/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 232(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/232/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749661]: Words in [s. 570(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/570/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 233](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/233) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23749701]: Words in [s. 571(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/571/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 234](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/234) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21614411]: Source-1970 s.411(1)-(8); 1985 s.43; 1971 s.50(8)
[^c22774241]: [S. 577(2)(4)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/2/4/6) repealed (with effect in accordance with s. 72(1) of the repealing Act) by [Finance Act 1988 (c. 39)](https://www.legislation.gov.uk/ukpga/1988/39), [Sch 14 Pt. 4](https://www.legislation.gov.uk/ukpga/1988/39/schedule/14/part/4)
[^c21614461]: Source-1980 s.54, 118(3); 1983 s.46(3)(b)
[^c21614471]: Source-1970 s.411(9)
[^c22780041]: Words in [s. 577(1)(a)(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/a/9) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c22778801]: Words in [s. 577(1)(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/9) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note
[^c22781671]: Word at the end of s. 577(1)(a) inserted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 51(1)(a)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/51/1/a)
[^c22781381]: Words in [s. 577(7)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/7/a) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 51(2)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/51/2), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c22781411]: Words in [s. 577(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/10) repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 51(3)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/51/3), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c22782731]: Words in [s. 577(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/8/b) substituted (with application in accordance with [s. 73(4)](https://www.legislation.gov.uk/ukpga/2001/9/section/73/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 73(2)(b)](https://www.legislation.gov.uk/ukpga/2001/9/section/73/2/b)
[^c22782751]: [S. 577(8A)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/8A) inserted (with application in accordance with [s. 73(4)](https://www.legislation.gov.uk/ukpga/2001/9/section/73/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 73(3)](https://www.legislation.gov.uk/ukpga/2001/9/section/73/3)
[^c23754921]: [S. 577(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/b) and preceding word repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 62(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/62/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c22781351]: [S. 577(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/c) and preceding word repealed (with effect in accordance with s. 579 of the repealing Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 51(1)(b)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/51/1/b), [Sch. 4](https://www.legislation.gov.uk/ukpga/2001/2/schedule/4)
[^c23754941]: Words in [s. 577(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/3) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 62(3)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/62/3), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23754991]: Words in [s. 577(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/a) re-numbered as s. 577(1)(a)(i) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 23(2)(a)
[^c23754961]: [S. 577(1)(a)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/a/ii) and preceding word inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 23(2)(b)
[^c23755011]: Words in [s. 577(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755031]: Words in [s. 577(1)(a)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/1/a/i) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755051]: Words in [s. 577(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755071]: Words in [s. 577(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755101]: Words in [s. 577(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755121]: Words in [s. 577(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755141]: Words in [s. 577(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755161]: Words in [s. 577(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755181]: Words in [s. 577(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755201]: Words in [s. 577(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(4)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/4/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755221]: Words in [s. 577(7)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/7/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755241]: Words in [s. 577(7)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/7/c) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(5)(b)(i)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/5/b/i) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755261]: Words in [s. 577(7)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/7/c) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(5)(b)(ii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/5/b/ii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755281]: Words in [s. 577(7)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/7/c) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(5)(b)(iii)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/5/b/iii) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755311]: Words in [s. 577(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/8/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755341]: Words in [s. 577(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/8/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755421]: [S. 577(8A)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/8A) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/7), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755361]: Words in [s. 577(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/10) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(8)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/8/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755381]: Words in [s. 577(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/10) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(8)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/8/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755401]: Words in [s. 577(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/577/10) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 235(8)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/235/8/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21614491]: Source-1970 s.376
[^c23755531]: Words in [s. 578(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/578/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 237](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/237) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22775891]: [S. 579](https://www.legislation.gov.uk/ukpga/1988/1/section/579) modified (with effect in accordance with s. 39(3)-(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para. 23](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/23)
[^c21614501]: Source-1970 s.412(1)-(6)
[^c22776841]: [S. 579(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/2/a) repealed (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/1996/18/schedule/3/part/1)
[^c22776861]: Word in [s. 579(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/2/b) repealed (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/1996/18/schedule/3/part/1)
[^c22777001]: Words in [s. 579(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/5/a) substituted (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 1 para. 35(2)(a)](https://www.legislation.gov.uk/ukpga/1996/18/schedule/1/paragraph/35/2/a)
[^c22776911]: Words in [s. 579(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/5/b) repealed (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/1996/18/schedule/3/part/1)
[^c22777051]: Words in [s. 579(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/6) substituted (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 1 para. 35(2)(b)](https://www.legislation.gov.uk/ukpga/1996/18/schedule/1/paragraph/35/2/b)
[^c22777781]: Words in [s. 579(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/6) substituted (24.9.1996) by [The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))](https://www.legislation.gov.uk/nisi/1996/1919), [arts. 1(2)](https://www.legislation.gov.uk/nisi/1996/1919/article/1/2), [255](https://www.legislation.gov.uk/nisi/1996/1919/article/255), [Sch. 1](https://www.legislation.gov.uk/nisi/1996/1919/schedule/1) (with [Sch. 2 para. 1](https://www.legislation.gov.uk/nisi/1996/1919/schedule/2/paragraph/1))
[^c22780081]: Words in [s. 579(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/2) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c22778861]: [S. 579(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/4) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 43](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/43), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note (with Sch. 5 para. 73)
[^c22780091]: Words in [s. 579(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/5) substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 43](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/43) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23755611]: [S. 579(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/1) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 63](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/63), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23755631]: [S. 579(3)(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/3/3A) substituted for s. 579(3) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 26(2)
[^c23755651]: Words in [s. 579(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755671]: Words in [s. 579(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755721]: Words in [s. 579(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755741]: Words in [s. 579(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/3) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755761]: Words in [s. 579(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755781]: Words in [s. 579(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755801]: Words in [s. 579(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/579/6/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 239(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/239/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21614531]: Source-1970 s.412(7), (8)
[^c22777661]: Words in [s. 580(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/1/a) substituted (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 1 para. 35(3)(a)](https://www.legislation.gov.uk/ukpga/1996/18/schedule/1/paragraph/35/3/a)
[^c22777681]: Words in [s. 580(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/1/b) substituted (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 1 para. 35(3)(b)](https://www.legislation.gov.uk/ukpga/1996/18/schedule/1/paragraph/35/3/b)
[^c22777721]: Words in [s. 580(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/1/c) substituted (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 1 para. 35(3)(c)](https://www.legislation.gov.uk/ukpga/1996/18/schedule/1/paragraph/35/3/c)
[^c22776951]: [S. 580(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/2) repealed (22.8.1996) by [Employment Rights Act 1996 (c. 18)](https://www.legislation.gov.uk/ukpga/1996/18), [s. 243](https://www.legislation.gov.uk/ukpga/1996/18/section/243), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/1996/18/schedule/3/part/1)
[^c22777801]: Words in [s. 580(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/1/a) substituted (24.9.1996) by [The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))](https://www.legislation.gov.uk/nisi/1996/1919), [arts. 1(2)](https://www.legislation.gov.uk/nisi/1996/1919/article/1/2), [255](https://www.legislation.gov.uk/nisi/1996/1919/article/255), [Sch. 1](https://www.legislation.gov.uk/nisi/1996/1919/schedule/1) (with [Sch. 2 para. 1](https://www.legislation.gov.uk/nisi/1996/1919/schedule/2/paragraph/1))
[^c22777821]: Words in [s. 580(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/1/c) substituted (24.9.1996) by [The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))](https://www.legislation.gov.uk/nisi/1996/1919), [arts. 1(2)](https://www.legislation.gov.uk/nisi/1996/1919/article/1/2), [255](https://www.legislation.gov.uk/nisi/1996/1919/article/255), [Sch. 1](https://www.legislation.gov.uk/nisi/1996/1919/schedule/1) (with [Sch. 2 para. 1](https://www.legislation.gov.uk/nisi/1996/1919/schedule/2/paragraph/1))
[^c23755831]: [S. 580(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/580/3) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 64](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/64), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c21614601]: Source-1970 s.417; 1971 Sch.6 47
[^c22783181]: [S. 582(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/582/3A) inserted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 50](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/50)
[^c23755971]: [S. 582](https://www.legislation.gov.uk/ukpga/1988/1/section/582) modified (with effect in accordance with s. 56 of the modifying Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 2 para. 7](https://www.legislation.gov.uk/ukpga/2005/7/schedule/2/paragraph/7)
[^c23755871]: Words in [s. 582(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/582/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 243(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/243/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755891]: Words in [s. 582(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/582/1/b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 243(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/243/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23756001]: Words in [s. 582(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/582/1/b) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 134(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/134/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23755981]: [S. 582(2)(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/582/2/2A) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 134(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/134/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21614631]: *See* 1979(C) s.13—*delayed remittances of capital gains.*
[^c21614641]: [S. 584(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/584/10) power exercised: 30.9.1993 appointed by [S.I. 1992/3066](https://www.legislation.gov.uk/uksi/1992/3066), [art. 2(2)(b)](https://www.legislation.gov.uk/uksi/1992/3066/article/2/2/b)
@@ -58283,95 +53901,7 @@
[^c23756201]: [S. 584(6)(a)(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/584/6/a/7) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 245(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/245/5), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21614791]: Source-1970 s.420
[^c23756281]: Words in [s. 586(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/586/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 247](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/247) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21614801]: Source-1970 s.421
[^c23756341]: Words in [s. 587(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/587/1) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 248(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/248/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23756301]: Words in [s. 587(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/587/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 248(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/248/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23756321]: Words in [s. 587(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/587/2/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 248(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/248/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22775921]: [S. 588](https://www.legislation.gov.uk/ukpga/1988/1/section/588) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para 24](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/24) (the modification consisting of the insertion of a s. 588(4A) for limited purposes, and that s. 588(4A) was repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note)
[^c21614821]: Source-1987 s.35(1)-(7)
[^c22780121]: Word in [s. 588(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/3) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c22780811]: Words in [s. 588(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5) inserted (with effect in accordance with [s. 93(2)](https://www.legislation.gov.uk/ukpga/1999/16/section/93/2) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [Sch. 11 para. 2](https://www.legislation.gov.uk/ukpga/1999/16/schedule/11/paragraph/2)
[^c23761531]: [S. 588(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/1) substituted for s. 588(1)(2) (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 67(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/67/2) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23761551]: [S. 588(3)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/3/a/b) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 67(3)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/67/3) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23761611]: [S. 588(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5/a) and word repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 67(4)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/67/4), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23761571]: Words in [s. 588(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5/b) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 67(5)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/67/5) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23761591]: Words in [s. 588(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/6) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 67(6)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/67/6) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23762051]: [S. 588(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/4) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 28(2)
[^c23762071]: [S. 588(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5A) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 28(3)
[^c23762091]: Word in [s. 588(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762111]: Words in [s. 588(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762131]: Words in [s. 588(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762161]: Words in [s. 588(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762181]: Word in [s. 588(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762241]: Words in [s. 588(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/4/d), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762201]: Words in [s. 588(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(4)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/4/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762221]: Word in [s. 588(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/588/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 250(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/250/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22774861]: [S. 577A(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/1A) inserted (with application in accordance with [s. 141(4)](https://www.legislation.gov.uk/ukpga/1994/9/section/141/4) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 141(2)](https://www.legislation.gov.uk/ukpga/1994/9/section/141/2)
[^c22774881]: Words in [s. 577A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/2) substituted (with application in accordance with s. 141(4)) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 141(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/141/3)
[^c22780061]: Words in [s. 577A(1)(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/1/1A) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c22778831]: Words in [s. 577A(1)(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/1/1A) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note
[^c22783101]: Words in [s. 577A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/1) renumbered as s. 577A(1)(a) (with effect in accordance with [s. 68(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/68/2) of the amending Act) by virtue of [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 68(1)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/68/1/a)
[^c22783121]: [S. 577A(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/1/b) and preceding word inserted (with effect in accordance with [s. 68(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/68/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 68(1)(b)](https://www.legislation.gov.uk/ukpga/2002/23/section/68/1/b)
[^c23755461]: Words in [s. 577A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/2) re-numbered as s. 577A(2)(a) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 24(2)(a)
[^c23755441]: [S. 577A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/2/b) and preceding word inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 24(2)(b)
[^c23755481]: Words in [s. 577A(1)(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/1/1A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 236(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/236/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23755511]: Words in [s. 577A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/577A/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 236(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/236/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22775941]: [S. 589A](https://www.legislation.gov.uk/ukpga/1988/1/section/589A) modified (with effect in accordance with s. 39(4)(5) of the modifying Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para 25](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/25) (the modification consisting of the insertion of a s. 589A(9A) for limited purposes, and that s. 589A(9A) was repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 27 Pt. 3(4)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/4), Note)
[^c22780131]: Word in [s. 589A(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/8) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23762311]: [S. 589A(1)(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/1/1A) substituted for s. 589A(1) (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 69(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/69/2) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23762331]: [S. 589A(2)-(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/2) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 69(3)(a)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/69/3/a), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23762391]: [S. 589A(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/10) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 69(3)(b)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/69/3/b), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23762411]: [S. 589A(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/9) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 29(2)
[^c23762431]: Words in [s. 589A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 251(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/251/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762451]: Words in [s. 589A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 251(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/251/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762471]: Words in [s. 589A(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/589A/8) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 251(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/251/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762551]: Words in [s. 589B(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/589B/5) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 70(3)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/70/3), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23762571]: [S. 584(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/584/9) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 149](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/149)
[^c22781131]: [S. 587B](https://www.legislation.gov.uk/ukpga/1988/1/section/587B) modified (with effect in accordance with reg. 30AA(3) of the modifying reg.) by the [Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473)](https://www.legislation.gov.uk/uksi/1997/473), [reg. 30AA(1)(2)](https://www.legislation.gov.uk/uksi/1997/473/regulation/30AA/1/2) (as inserted (25.10.2000) by [The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2000 (S.I. 2000/2710)](https://www.legislation.gov.uk/uksi/2000/2710), [regs. 1](https://www.legislation.gov.uk/uksi/2000/2710/regulation/1), [5](https://www.legislation.gov.uk/uksi/2000/2710/regulation/5))
@@ -58401,8 +53931,6 @@
[^c23756751]: [S. 587B](https://www.legislation.gov.uk/ukpga/1988/1/section/587B) modified (12.8.2005 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 (S.I. 2005/2014)](https://www.legislation.gov.uk/uksi/2005/2014), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/2014/regulation/1/1), [21](https://www.legislation.gov.uk/uksi/2005/2014/regulation/21); and that modifying reg. 21 is omitted (14.8.2007 with effect in accordance with reg. 1(2) of the revoking S.I.) by virtue of [S.I. 2007/2134](https://www.legislation.gov.uk/uksi/2007/2134), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2007/2134/regulation/1/1), [20](https://www.legislation.gov.uk/uksi/2007/2134/regulation/20)
[^c23756711]: Words in [s. 587B(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/587B/2/b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 249(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/249/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23756761]: Words in [s. 587B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/587B/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 137(2)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/137/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23756781]: Words in [s. 587B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/587B/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 137(2)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/137/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -58455,6 +53983,8 @@
[^c23757271]: [S. 587B(9ZA)(9ZB)](https://www.legislation.gov.uk/ukpga/1988/1/section/587B/9ZA/9ZB) inserted (19.7.2007) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 26 para. 7(6)(b)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/26/paragraph/7/6/b)
[^c23757331]: Words in [s. 587B(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/587B/2/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 199](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/199) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22782771]: Word at the end of s. 578A(1)(a) inserted (with effect in accordance with [s. 57(4)](https://www.legislation.gov.uk/ukpga/2001/9/section/57/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 12 Pt. 2 para. 11(a)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/12/part/2/paragraph/11/a)
[^c22781871]: [S. 578A(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/1/c) and preceding word repealed (with effect in accordance with s. 57(4), Sch. 33 Pt. 2(1) Note of the repealing Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 12 Pt. 2 para. 11(b)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/12/part/2/paragraph/11/b), [Sch. 33 Pt. 2(1)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/33/part/2/1)
@@ -58469,6 +53999,34 @@
[^c23755591]: Words in [s. 578A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 238](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/238) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23762591]: [S. 578A(2)(a)-(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/2/a) and preceding words substituted for s. 578A(2)(a)(b) (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 62(2)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/62/2)
[^c23762691]: [S. 578A(2A)(2B)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/2A/2B) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the repealing Act) by virtue of [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 62(3)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/62/3)
[^c23762611]: [S. 578A(2C)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/2C) inserted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 62(4)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/62/4)
[^c23762631]: Words in [s. 578A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/3) substituted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 62(5)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/62/5)
[^c23762651]: Words in [s. 578A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/4) substituted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 62(6)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/62/6)
[^c23762671]: [S. 578A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/578A/5) inserted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 62(7)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/62/7)
[^c23762721]: Word in [s. 578B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/1) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the repealing Act) by virtue of [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(2)(a)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/2/a)
[^c23762821]: [S. 578B(1)(za)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/1/za) inserted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(2)(b)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/2/b)
[^c23762841]: Words in [s. 578B(1)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/1/a/b) inserted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(2)(c)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/2/c)
[^c23762741]: Words in [s. 578B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/1) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the repealing Act) by virtue of [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(2)(d)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/2/d)
[^c23762761]: [S. 578B(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/2/b) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the repealing Act) by virtue of [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(3)(a)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/3/a)
[^c23762871]: [S. 578B(2)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/2/c) inserted (with effect in accordance with [Sch. 11 paras. 65-67](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/65) of the amending Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(3)(b)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/3/b)
[^c23762781]: Word in [s. 578B(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/3) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the repealing Act) by virtue of [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(4)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/4)
[^c23762801]: [S. 578B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/578B/4) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the repealing Act) by virtue of [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 11 para. 63(5)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/11/paragraph/63/5)
[^c23761461]: [S. 587C(2)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/587C/2/3) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 139(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/139/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23761341]: Word in [s. 587C(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/587C/4) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 139(3)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/139/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -58569,36 +54127,6 @@
[^c23484131]: [S. 613(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/613/1/2) (which were repealed by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 83](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/83), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1)) restored (retrospectively) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 10 para. 63](https://www.legislation.gov.uk/ukpga/2005/7/schedule/10/paragraph/63)
[^c21617661]: Source-1970 s.219(3)
[^c21617671]: Words in [s. 617(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/3/a) substituted (1.7.1992) by [Social Security (Consequential Provisions) Act 1992 (c. 6)](https://www.legislation.gov.uk/ukpga/1992/6), [ss. 4](https://www.legislation.gov.uk/ukpga/1992/6/section/4), [7(2)](https://www.legislation.gov.uk/ukpga/1992/6/section/7/2), [Sch. 2 para. 93(4)](https://www.legislation.gov.uk/ukpga/1992/6/schedule/2/paragraph/93/4)
[^c21617681]: Words in [s. 617(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/3/b) substituted (1.7.1992) by [Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)](https://www.legislation.gov.uk/ukpga/1992/9), [ss. 4](https://www.legislation.gov.uk/ukpga/1992/9/section/4), [7(2)](https://www.legislation.gov.uk/ukpga/1992/9/section/7/2), [Sch. 2 para. 33(4)](https://www.legislation.gov.uk/ukpga/1992/9/schedule/2/paragraph/33/4)
[^c22889541]: [S. 617(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/5) repealed (with effect in accordance with s. 147(3) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 147(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/147/1), [Sch. 41 Pt. 5(15)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/15), Note
[^c22890381]: [S. 617(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/4) substituted (with effect in accordance with [s. 65(5)](https://www.legislation.gov.uk/ukpga/1997/16/section/65/5) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [s. 65(3)](https://www.legislation.gov.uk/ukpga/1997/16/section/65/3)
[^c22893901]: Words in [s. 617(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/4) substituted (with effect in accordance with [s. 61(2)](https://www.legislation.gov.uk/ukpga/1999/16/section/61/2) of the amending Act) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 61(1)](https://www.legislation.gov.uk/ukpga/1999/16/section/61/1)
[^c22899941]: [S. 617(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/6) repealed (24.4.2000 for specified purposes and 9.4.2001 otherwise) by [Welfare Reform and Pensions Act 1999 (c. 30)](https://www.legislation.gov.uk/ukpga/1999/30), [s. 89(1)](https://www.legislation.gov.uk/ukpga/1999/30/section/89/1), [Sch. 8 para. 1(3)](https://www.legislation.gov.uk/ukpga/1999/30/schedule/8/paragraph/1/3), [Sch. 13 Pt. 5](https://www.legislation.gov.uk/ukpga/1999/30/schedule/13/part/5); [S.I. 2000/1047](https://www.legislation.gov.uk/uksi/2000/1047), [art. 2(2)(a)](https://www.legislation.gov.uk/uksi/2000/1047/article/2/2/a), [Sch. Pt. 1](https://www.legislation.gov.uk/uksi/2000/1047/schedule/part/1)
[^c23481861]: [S. 617(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/1/2) repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 87(2)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/87/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/ukpga/2003/1/schedule/8/part/1) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23482271]: [S. 617(4)(d)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/4/d/e) substituted (6.4.2003 with effect in accordance with [s. 723(1)](https://www.legislation.gov.uk/ukpga/2003/1/section/723/1) of the amending Act) by [Income Tax (Earnings and Pensions) Act 2003 (c. 1)](https://www.legislation.gov.uk/ukpga/2003/1), [Sch. 6 para. 87(3)](https://www.legislation.gov.uk/ukpga/2003/1/schedule/6/paragraph/87/3) (with [Sch. 7](https://www.legislation.gov.uk/ukpga/2003/1/schedule/7))
[^c23483111]: Words in [s. 617(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/4/b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004, Sch. para. 31(2)
[^c23483341]: Words in [s. 617(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 262(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/262/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23483361]: Words in [s. 617(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/3) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 262(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/262/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23483381]: Word at the end of s. 617(4)(b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 262(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/262/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23483221]: [S. 617(4)(d)(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/4/d/e) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 262(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/262/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23483401]: [S. 617(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/617/5) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 262(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/262/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21620031]: 1989 s.109(1).
[^c23766771]: Words in [s. 687A(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/687A/1/a) substituted (6.4.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 13 paras. 18](https://www.legislation.gov.uk/ukpga/2006/25/schedule/13/paragraph/18), [27(1)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/13/paragraph/27/1)
@@ -58633,182 +54161,12 @@
[^c23767771]: [S. 689B(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/689B/5) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 148(4)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/148/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21621881]: Source-1970 s.426; 1971 Sch.6 52
[^c21621891]: Words in [s. 695(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/4/a) substituted (27.7.1993 with effect for the year 1993-1994 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 79](https://www.legislation.gov.uk/ukpga/1993/34/section/79), [Sch. 6 paras. 11(1)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/11/1), [25(1)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/25/1)
[^c21621901]: *See* 1974 s.44(4) and Sch.7 para.9(1)(2)—*development gains to be excluded from aggregate income and United Kingdom tax thereon to be left out of account.*
[^c22901391]: Words in [s. 695(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/2) repealed (with effect in accordance with [Sch. 18 para. 2(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/2/2) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 2(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/2/1), [Sch. 29 Pt. 8(10)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/10)
[^c22901371]: [S. 695(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/3) substituted (with effect in accordance with [Sch. 18 para. 2(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/2/2) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 2(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/2/1)
[^c23768011]: Words in [s. 695(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768031]: Words in [s. 695(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768051]: Word in [s. 695(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768071]: Words in [s. 695(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768101]: Words in [s. 695(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768121]: Word in [s. 695(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768141]: Words in [s. 695(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768161]: Words in [s. 695(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(4)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/4/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768181]: Word in [s. 695(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768201]: Words in [s. 695(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768221]: Words in [s. 695(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/4/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(5)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/5/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768391]: Words in [s. 695(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/4/b) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(5)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/5/d), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768241]: Word in [s. 695(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/5/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768261]: Words in [s. 695(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/5/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768281]: Words in [s. 695(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768311]: Words in [s. 695(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/5/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(6)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/6/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768331]: Words in [s. 695(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(7)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/7/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768351]: Words in [s. 695(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(7)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/7/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768411]: Words in [s. 695(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(7)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/7/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768371]: [S. 695(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/7) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 284(8)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/284/8) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21621921]: Source-1970 s.427; 1971 Sch.6 53
[^c22901411]: [S. 696(3)-(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3) substituted for s. 696(3) (with effect in accordance with [Sch. 18 para. 3(3)(4)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/3/3/4) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 3(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/3/1)
[^c21621941]: Words in [s. 696(3)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3) substituted (27.7.1993 with effect for the year 1993-1994 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 79](https://www.legislation.gov.uk/ukpga/1993/34/section/79), [Sch. 6 paras. 11(1)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/11/1), [25(1)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/25/1)
[^c22901431]: [S. 695(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/695/5) substituted (with effect in accordance with [Sch. 18 para. 3(3)(4)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/3/3/4) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 3(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/3/2)
[^c23768431]: Words in [s. 696(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768451]: Words in [s. 696(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768491]: Words in [s. 696(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/2) added (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768511]: Words in [s. 696(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768531]: Word in [s. 696(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768551]: Words in [s. 696(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768571]: Words in [s. 696(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(5)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/5/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768601]: Words in [s. 696(3A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3A/b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(5)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/5/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768621]: Words in [s. 696(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(5)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/5/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768641]: Words in [s. 696(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3B) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768671]: Words in [s. 696(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3B) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/6/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768701]: Words in [s. 696(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3B) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768721]: Words in [s. 696(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3B) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(6)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/6/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768741]: Words in [s. 696(3B)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3B/a/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(6)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/6/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768771]: Words in [s. 696(3B)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/3B/a/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(6)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/6/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768811]: Words in [s. 696(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/4) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(7)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/7) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768831]: Words in [s. 696(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(8)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/8/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768861]: Words in [s. 696(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(8)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/8/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768881]: Word in [s. 696(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(9)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/9/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768901]: Words in [s. 696(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/6) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(9)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/9/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769031]: Words in [s. 696(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(9)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/9/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768921]: Word in [s. 696(7)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/7/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(10)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/10/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768941]: Words in [s. 696(7)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/7/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(10)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/10/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768981]: Words in [s. 696(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/7) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(10)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/10/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23768961]: Words in [s. 696(7)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/7/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(10)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/10/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769051]: Words in [s. 696(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/8) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(11)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/11), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769011]: [S. 696(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/696/9) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 285(12)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/285/12) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21621951]: Source-1970 s.428; 1971 Sch.6 54
[^c22901451]: [S. 697(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/697/1A) inserted (with effect in accordance with [Sch. 18 para. 4(3)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/4/3) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 4(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/4/1)
[^c22901471]: Words in [s. 697(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/697/2) substituted (with effect in accordance with [Sch. 18 para. 4(3)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/4/3) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 4(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/4/2)
[^c23769091]: Words in [s. 697(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/697/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 286(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/286/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769121]: Words in [s. 697(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/697/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 286(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/286/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769071]: Words in [s. 697(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/697/4) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 286(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/286/3), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769151]: [S. 697(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/697/5) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 286(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/286/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21621971]: Source-1970 s.429; 1971 Sch.6 55
[^c22901491]: [S. 698(1A)(1B)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/698/1A/1B/2) substituted for s. 698(2) (with effect in accordance with [Sch. 18 para. 5(2)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/5/2) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 5(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/5/1)
[^c23769171]: Words in [s. 698(1B)(c)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/698/1B/c/ii) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 287(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/287/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769191]: Words in [s. 698(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/698/2/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 287(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/287/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769211]: Words in [s. 698(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/698/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 287(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/287/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769231]: Words in [s. 698(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/698/3/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 287(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/287/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769251]: [S. 698(4)-(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/698/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 287(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/287/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21622061]: Source-1970 s.431; 1971 Sch.6 57
[^c22901511]: [S. 700(5)(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5/6) inserted (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 6](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/6)
[^c22901671]: Words in [s. 700(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/3) substituted (with effect in accordance with [s. 135(2)](https://www.legislation.gov.uk/ukpga/1996/8/section/135/2) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 21 para. 20](https://www.legislation.gov.uk/ukpga/1996/8/schedule/21/paragraph/20)
[^c23769681]: Word in [s. 700(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769701]: Words in [s. 700(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769721]: Words in [s. 700(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769761]: Words in [s. 700(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769801]: Words in [s. 700(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(2)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/2/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769821]: Word in [s. 700(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(2)(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/2/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769841]: Words in [s. 700(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769871]: Words in [s. 700(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769891]: Words in [s. 700(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/3/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769951]: Words in [s. 700(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(3)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/3/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769991]: Words in [s. 700(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/2/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(3)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/3/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770011]: Words in [s. 700(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770031]: Words in [s. 700(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/4) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770051]: Words in [s. 700(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(6)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/6/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770171]: Word at the end of s. 700(5)(a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(6)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/6/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770071]: [S. 700(5)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5/aa) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(6)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/6/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770091]: Words in [s. 700(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5/b) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(6)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/6/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -58819,77 +54177,19 @@
[^c23770151]: Words in [s. 700(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 291(6)(g)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/291/6/g) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21622141]: Source-1970 s.432; 1972 Sch.24 25; 1975 (No.2) s.34(5)
[^c21622151]: [S. 701(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A) inserted (27.7.1993 with effect for the year 1993-1994 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 79](https://www.legislation.gov.uk/ukpga/1993/34/section/79), [Sch. 6 paras. 11(3)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/11/3), [25(1)](https://www.legislation.gov.uk/ukpga/1993/34/schedule/6/paragraph/25/1)
[^c21622161]: *Definition applied for purposes of* 1979(C)—*see* 1979(C) s.155(1).
[^c21622171]: [1925 c. 23](https://www.legislation.gov.uk/ukpga/1925/23).
[^c21622191]: Source-1970 s.426(1)
[^c22901571]: [S. 701(10A)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/10A) inserted (with effect in accordance with [s. 76(6)](https://www.legislation.gov.uk/ukpga/1995/4/section/76/6) of the amending Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [s. 76(5)](https://www.legislation.gov.uk/ukpga/1995/4/section/76/5)
[^c22901591]: [S. 701(14)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/14) repealed (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 18 para. 7](https://www.legislation.gov.uk/ukpga/1995/4/schedule/18/paragraph/7), [Sch. 29 Pt. 8(10)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/10)
[^c22901951]: Words in [s. 701(3A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A/b) renumbered as s. 701(3A)(b)(i) (with effect in accordance with [s. 33(11)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/11) of the amending Act) by virtue of [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 33(9)(a)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/9/a)
[^c22901961]: Words in [s. 701(3A)(b)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A/b/i) inserted (with effect in accordance with [s. 33(11)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/11) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 33(9)(b)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/9/b)
[^c22901931]: [S. 701(3A)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A/b/ii) added (with effect in accordance with [s. 33(11)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/11) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 33(9)(c)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/9/c)
[^c23770381]: Words in [s. 701(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 292(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/292/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770511]: Word at the end of s. 701(8)(a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 292(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/292/3/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770451]: [S. 701(8)(c)-(e)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/8/c) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 292(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/292/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770531]: Words in [s. 701(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/8) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 292(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/292/3/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770471]: Words in [s. 701(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/9) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 292(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/292/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770491]: Words in [s. 701(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/10) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 292(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/292/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23770601]: Words in [s. 701(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A) omitted (with effect in accordance with Sch. 1 para. 65 of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 1 para. 45(a)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/1/paragraph/45/a)
[^c23770631]: Words in [s. 701(3A)(b)(i)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A/b/i) omitted (with effect in accordance with Sch. 1 para. 65 of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 1 para. 45(b)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/1/paragraph/45/b)
[^c23770651]: [S. 701(3A)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/701/3A/b/ii) and preceding word omitted (with effect in accordance with Sch. 1 para. 65 of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 1 para. 45(c)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/1/paragraph/45/c)
[^c21622221]: Source-1970 s.433; 1987 Sch.15 2(15)
[^c23770681]: Words in [s. 702(a)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/702/a/d) inserted (5.12.2005) by [The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229)](https://www.legislation.gov.uk/uksi/2005/3229), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/3229/regulation/1/1), [96](https://www.legislation.gov.uk/uksi/2005/3229/regulation/96)
[^c22901691]: Words in [s. 699A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/1) inserted (with effect in accordance with [s. 21(5)](https://www.legislation.gov.uk/ukpga/1997/58/section/21/5) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 21(2)](https://www.legislation.gov.uk/ukpga/1997/58/section/21/2)
[^c22901711]: [S. 699A(1A)(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/1A/1B) inserted (with effect in accordance with [s. 21(5)](https://www.legislation.gov.uk/ukpga/1997/58/section/21/5) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 21(3)](https://www.legislation.gov.uk/ukpga/1997/58/section/21/3)
[^c22901741]: [S. 699A(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/c) and preceding word inserted (with effect in accordance with [s. 21(5)](https://www.legislation.gov.uk/ukpga/1997/58/section/21/5) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 21(4)](https://www.legislation.gov.uk/ukpga/1997/58/section/21/4)
[^c22901761]: Words in [s. 699A(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/1A) inserted (with effect in accordance with [s. 33(10)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/10) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 33(3)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/3)
[^c22901781]: Word in [s. 699A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/2/b) substituted (with effect in accordance with [s. 33(11)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/11) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 33(4)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/4)
[^c22901821]: Words in [s. 699A(4)(a)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/a/c) substituted (with effect in accordance with [s. 33(11)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/11) of the amending Act) by [Finance (No. 2) Act 1997 (c. 58)](https://www.legislation.gov.uk/ukpga/1997/58), [s. 33(5)](https://www.legislation.gov.uk/ukpga/1997/58/section/33/5)
[^c23769451]: Words in [s. 699A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/b) substituted (with effect in accordance with [s. 173(2)](https://www.legislation.gov.uk/ukpga/2003/14/section/173/2) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 35 para. 4](https://www.legislation.gov.uk/ukpga/2003/14/schedule/35/paragraph/4)
[^c23769471]: Words in [s. 699A(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769511]: Words in [s. 699A(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/1A/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769591]: [S. 699A(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/1A/b) and preceding word repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769531]: Words in [s. 699A(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(4)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769551]: Words in [s. 699A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769571]: Word in [s. 699A(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/c) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(4)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769621]: [S. 699A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/6) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 290(5)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/290/5), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23769661]: Words in [s. 699A(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/699A/4/b) substituted (with effect in accordance with [Sch. 1 para. 65](https://www.legislation.gov.uk/ukpga/2008/9/schedule/1/paragraph/65) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 1 para. 44](https://www.legislation.gov.uk/ukpga/2008/9/schedule/1/paragraph/44)
[^c23770251]: [S. 700(1)-(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770231]: Words in [s. 700(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770291]: [S. 700(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(c)(i)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/c/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770311]: Words in [s. 700(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(c)(ii)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/c/ii), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770331]: Words in [s. 700(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(c)(iii)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/c/iii), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770191]: Words in [s. 700(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(c)(iii)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/c/iii) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23770211]: [S. 700(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/700/7) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 209(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/209/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21622281]: Source—1970 s.460(1)-(3)
@@ -58923,8 +54223,6 @@
[^c23771141]: Words in [s. 703(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/3) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 154(4)(c)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/154/4/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23771391]: Words in [s. 703(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/3) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 154(4)(d)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/154/4/d), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23771171]: Words in [s. 703(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/3) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 154(4)(e)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/154/4/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23771411]: [S. 703(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/3A) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 154(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/154/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -58945,6 +54243,10 @@
[^c23771351]: Words in [s. 703(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/12) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 154(9)(c)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/154/9/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23771471]: Words in [s. 703(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/3) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 212](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/212), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23771451]: Words in [s. 703(10)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/703/10/b) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 150](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/150)
[^c21622341]: Source—1970 s.461; 1973 s.54, Sch.11 2(a), (b)
[^c22904151]: Words in [s.704](https://www.legislation.gov.uk/ukpga/1988/1/section/704) para. D(2)(b) substituted (with effect in accordance with [s.175(4)](https://www.legislation.gov.uk/ukpga/1996/8/section/175/4) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 175(1)-(3)](https://www.legislation.gov.uk/ukpga/1996/8/section/175/1)
@@ -58997,17 +54299,15 @@
[^c23771971]: Word in [s. 705(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 156(2)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/156/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23771991]: Words in [s. 705(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/2) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 156(3)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/156/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772011]: Words in [s. 705(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/2) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 156(3)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/156/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c21622391]: *See*—1970(M) s.6(1)—*declaration to be made by member of tribunal on appointment.*1989 s.182—*disclosure of information* (*in* Part II Vol.5).
[^c21622401]: [S. 706](https://www.legislation.gov.uk/ukpga/1988/1/section/706) renumbered as s. 706(1) (31.3.1995) by [Judicial Pensions and Retirement Act 1993 (c. 8)](https://www.legislation.gov.uk/ukpga/1993/8), [ss. 26](https://www.legislation.gov.uk/ukpga/1993/8/section/26), [31(2)](https://www.legislation.gov.uk/ukpga/1993/8/section/31/2), [Sch. 6 para.44](https://www.legislation.gov.uk/ukpga/1993/8/schedule/6/paragraph/44) (with [Sch. 7 paras. 2(2)](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/2/2), [3(2)](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/3/2), [4](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/4)); [S.I. 1995/631](https://www.legislation.gov.uk/uksi/1995/631), [art. 2](https://www.legislation.gov.uk/uksi/1995/631/article/2)
[^c21622411]: Source—1970 s.463; 1982 Sch.21 3(1)
[^c21622421]: [S. 706(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/706/2) added (31.3.1995) by [Judicial Pensions and Retirement Act 1993 (c. 8)](https://www.legislation.gov.uk/ukpga/1993/8), [ss. 26](https://www.legislation.gov.uk/ukpga/1993/8/section/26), [31(2)](https://www.legislation.gov.uk/ukpga/1993/8/section/31/2), [Sch. 6 para.44](https://www.legislation.gov.uk/ukpga/1993/8/schedule/6/paragraph/44) (with [Sch. 7 paras. 2(2)](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/2/2), [3(2)](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/3/2), [4](https://www.legislation.gov.uk/ukpga/1993/8/schedule/7/paragraph/4)); [S.I. 1995/631](https://www.legislation.gov.uk/uksi/1995/631), [art. 2](https://www.legislation.gov.uk/uksi/1995/631/article/2)
[^c23772091]: Words in [s. 705(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/1) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 151(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/151/2)
[^c23772111]: [S. 705(2)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/2/3) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 151(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/151/3)
[^c23772031]: Words in [s. 705(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/5) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 151(4)(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/151/4/a)
[^c23772051]: Word in [s. 705(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/5) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 151(4)(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/151/4/b)
[^c23772141]: Words in [s. 705(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/705/5) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 151(4)(c)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/151/4/c)
[^c21622431]: Source—1970 s.464
@@ -59045,17 +54345,9 @@
[^c23772711]: [S. 709(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/709/2A) omitted (with effect in accordance with s. 66(5) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 66(1)(b)](https://www.legislation.gov.uk/ukpga/2008/9/section/66/1/b)
[^c23772181]: Words in [s. 705A(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/705A/1/2) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 157(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/157/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772211]: Words in [s. 705A(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/705A/3) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 157(3)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/157/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772231]: Words in [s. 705A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/705A/5) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 157(4)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/157/4/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772261]: Words in [s. 705A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/705A/5) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 157(4)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/157/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772281]: Words in [s. 705A(10)(11)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/705A/10/11/a/b) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 157(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/157/5) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772321]: Words in [s. 705B(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/705B/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 158](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/158) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23772731]: [S. 709(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/709/2): words in definition of "trading stock" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 213](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/213) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23772751]: Words in [s. 709(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/709/4) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 153](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/153)
[^c21625091]: [Ss. 710-728](https://www.legislation.gov.uk/ukpga/1988/1/section/710) modified (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 63(1)(2)](https://www.legislation.gov.uk/ukpga/1993/34/section/63/1/2) [Ss. 710-728](https://www.legislation.gov.uk/ukpga/1988/1/section/710) modified (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 63(3)(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/63/3/4) [Ss. 710-728](https://www.legislation.gov.uk/ukpga/1988/1/section/710) modified (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 63(8)(10)](https://www.legislation.gov.uk/ukpga/1993/34/section/63/8/10) [Ss. 710-728](https://www.legislation.gov.uk/ukpga/1988/1/section/710) modified (27.7.1993 with effect for the year 1992-93 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [ss. 176(4)](https://www.legislation.gov.uk/ukpga/1993/34/section/176/4), [184(3)](https://www.legislation.gov.uk/ukpga/1993/34/section/184/3)
@@ -59119,6 +54411,10 @@
[^c23774611]: [S. 730(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/730/3) repealed (with effect in accordance with Sch. 6 para. 2(3) of the repealing Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 6 para. 2(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/6/paragraph/2/2), [Sch. 26 Pt. 3(12)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/3/12), Note
[^c23774631]: Words in [s. 730(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/730/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 214(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/214/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23774651]: Words in [s. 730(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/730/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 214(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/214/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23312521]: Words in [s. 736B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/736B/2) inserted (with application in accordance with [s. 84(4)](https://www.legislation.gov.uk/ukpga/2001/9/section/84/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 84(2)](https://www.legislation.gov.uk/ukpga/2001/9/section/84/2)
[^c23312541]: [S. 736B(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/736B/2A) inserted (with application in accordance with [s. 84(4)](https://www.legislation.gov.uk/ukpga/2001/9/section/84/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 84(3)](https://www.legislation.gov.uk/ukpga/2001/9/section/84/3)
@@ -59135,6 +54431,10 @@
[^c23776551]: Words in [s. 736B(2A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/736B/2A/b) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 171(3)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/171/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23776571]: Words in [s. 736B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/736B/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 215](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/215) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23776591]: [S. 736B(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/736B/2A) applied (1.4.2009 with effect in accordance with s. 1329(1) of the affecting Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [s. 541(2)](https://www.legislation.gov.uk/ukpga/2009/4/section/541/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23776661]: [S. 736C(14)](https://www.legislation.gov.uk/ukpga/1988/1/section/736C/14) inserted (with effect in accordance with [Sch. 6 para. 4(4)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/6/paragraph/4/4) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 6 para. 4(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/6/paragraph/4/2)
[^c23776681]: Words in [s. 736C(2)(a)(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/736C/2/a/3/4) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 172(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/172/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -59143,6 +54443,10 @@
[^c23776721]: [S. 736C(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/736C/11): words in definition of "tax advantage" substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 172(4)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/172/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23776761]: Words in [s. 736C(9)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/736C/9/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 216(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/216/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23776781]: Words in [s. 736C(9)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/736C/9/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 216(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/216/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21626141]: [Pt. XVII Ch. IV](https://www.legislation.gov.uk/ukpga/1988/1/part/XVII/chapter/IV) (ss. 747-756) modified (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 119(3)](https://www.legislation.gov.uk/ukpga/1993/34/section/119/3)
[^c21626151]: Source—1984 s.82
@@ -59187,6 +54491,8 @@
[^c23783271]: [S. 747(7)-(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/747/7) inserted (with effect in accordance with [s. 64(6)(9)-(11)](https://www.legislation.gov.uk/ukpga/2008/9/section/64/6/9) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 64(2)(b)](https://www.legislation.gov.uk/ukpga/2008/9/section/64/2/b)
[^c23783291]: Words in [s. 747(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/747/1B) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 217](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/217) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21626161]: Source—1984 s.83
[^c22903731]: [S. 748(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/748/4/5) inserted (1.5.1995) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 25 para. 4](https://www.legislation.gov.uk/ukpga/1995/4/schedule/25/paragraph/4)
@@ -59263,6 +54569,8 @@
[^c23228551]: Words in [s. 751(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/751/6) substituted (with effect in accordance with [Sch. 17 para. 37](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/37) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 17 para. 6(6)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/6/6); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
[^c23784071]: Words in [s. 751(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/751/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 218](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/218) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21626271]: *See* 1970(M) s.55(1)(g)*and* (6A).
[^c21626281]: Source—1984 s.89(1)-(4), (7)-(11)
@@ -59297,6 +54605,18 @@
[^c23228821]: Word in [s. 754(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/8) substituted (with effect in accordance with [Sch. 17 para. 37](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/37) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 17 para. 9(10)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/9/10); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
[^c23785471]: Words in [s. 754(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/3) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 155(2)(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/155/2/a)
[^c23785491]: Words in [s. 754(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/3) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 155(2)(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/155/2/b)
[^c23785571]: [S. 754(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/3A) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 155(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/155/3)
[^c23785511]: Words in [s. 754(3B)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/3B/a) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 155(4)(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/155/4/a)
[^c23785531]: Word in [s. 754(3B)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/3B/b) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 155(4)(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/155/4/b)
[^c23785551]: Words in [s. 754(3B)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/754/3B/c) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 155(4)(c)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/155/4/c)
[^c21626301]: Source—1984 s.91
[^c23229231]: [S. 756(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/756/1): definition of "company tax return" inserted (with effect in accordance with [Sch. 17 para. 37](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/37) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 17 para. 16](https://www.legislation.gov.uk/ukpga/1998/36/schedule/17/paragraph/16); [S.I. 1998/3173](https://www.legislation.gov.uk/uksi/1998/3173), [art. 2](https://www.legislation.gov.uk/uksi/1998/3173/article/2)
@@ -59347,6 +54667,14 @@
[^c23787061]: [S. 755A(11C)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/755A/11C/b) and preceding word omitted (with effect in accordance with Sch. 17 para. 18(6) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 18(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/18/2)
[^c23787091]: Words in [s. 755A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/755A/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 219(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/219/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23787111]: Words in [s. 755A(7)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/755A/7/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 219(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/219/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23787131]: Words in [s. 755A(11BA)](https://www.legislation.gov.uk/ukpga/1988/1/section/755A/11BA) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 219(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/219/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23787161]: Words in [s. 755A(11BA)](https://www.legislation.gov.uk/ukpga/1988/1/section/755A/11BA) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 219(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/219/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23229201]: [1985 c. 6](https://www.legislation.gov.uk/ukpga/1985/6).
[^c23229211]: [1985 c. 6](https://www.legislation.gov.uk/ukpga/1985/6).
@@ -59365,6 +54693,14 @@
[^c23783571]: Words in [s. 748A(1)(c)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/748A/1/c/2) substituted (with effect in accordance with [s. 153(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(1)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/1/a)
[^c23784311]: Words in [s. 751B(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/751B/5) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 154(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/154/2)
[^c23784241]: Words in [s. 751B(7)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/751B/7/a/b) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 154(3)(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/154/3/a)
[^c23784271]: Word in [s. 751B(7)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/751B/7/c) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 154(3)(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/154/3/b)
[^c23784291]: Word in [s. 751B(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/751B/9) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 154(4)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/154/4)
[^c23783591]: [S. 748ZA(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/748ZA/5/a) omitted (with effect in accordance with Sch. 5 paras. 6(3), 7(3)(4) of the repealing Act) by [Finance Act 2011 (c. 11)](https://www.legislation.gov.uk/ukpga/2011/11), [Sch. 5 para. 7(2)(a)](https://www.legislation.gov.uk/ukpga/2011/11/schedule/5/paragraph/7/2/a)
[^c21626341]: Source—1984 s.92(1), (7)
@@ -59447,8 +54783,6 @@
[^c23789921]: Words in [s. 761(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/2) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(1)(a)(i)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/1/a/i)
[^c23789941]: Words in [s. 761(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/2) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(1)(a)(ii)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/1/a/ii)
[^c23789961]: Words in [s. 761(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/3) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(1)(b)(i)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/1/b/i)
[^c23789981]: Words in [s. 761(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/3) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(1)(b)(ii)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/1/b/ii)
@@ -59469,6 +54803,10 @@
[^c23790141]: [S. 761(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/8) inserted (with effect in accordance with [Sch. 7 para. 98](https://www.legislation.gov.uk/ukpga/2008/9/schedule/7/paragraph/98) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 7 para. 92(3)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/7/paragraph/92/3)
[^c23790161]: Words in [s. 761(1)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/1/b/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 220(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/220/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23790181]: Words in [s. 761(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/761/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 220(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/220/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21626751]: Source—1984 s.97
[^c21626761]: Words in [s. 762(1)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/762/1) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 10 para. 14(48)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/48) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
@@ -59579,12 +54917,16 @@
[^c23314631]: Word in [s. 769(2)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/769/2/d) inserted (with effect in accordance with [s. 116(6)](https://www.legislation.gov.uk/ukpga/1998/36/section/116/6) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 116(5)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/116/5/b)
[^c23229461]: Words in [s. 769(2A)(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/769/2A/9) inserted (with effect in accordance with [s. 116(6)](https://www.legislation.gov.uk/ukpga/1998/36/section/116/6) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 116(5)(c)](https://www.legislation.gov.uk/ukpga/1998/36/section/116/5/c)
[^c23229531]: Words in [s. 769(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/769/3) substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 32(b)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/32/b) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23229551]: Words in [s. 769(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/769/4) substituted (with effect in accordance with [s. 38(2)(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/38/2/3) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 5 para. 32(c)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/32/c) (with [Sch. 5 para. 73](https://www.legislation.gov.uk/ukpga/1998/36/schedule/5/paragraph/73))
[^c23791611]: [S. 769](https://www.legislation.gov.uk/ukpga/1988/1/section/769) applied (1.4.2009) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 113(2)](https://www.legislation.gov.uk/ukpga/2008/9/section/113/2), [Sch. 36 para. 36(3)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/36/3) (with [Sch. 36 para. 38](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/38)); [S.I. 2009/404](https://www.legislation.gov.uk/uksi/2009/404), [art. 2](https://www.legislation.gov.uk/uksi/2009/404/article/2)
[^c23791561]: Words in [s. 769(1)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/769/1/5) omitted (1.4.2009) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 113(2)](https://www.legislation.gov.uk/ukpga/2008/9/section/113/2), [Sch. 36 para. 82(a)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/82/a) (with [Sch. 36 para. 38](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/38)); [S.I. 2009/404](https://www.legislation.gov.uk/uksi/2009/404), [art. 2](https://www.legislation.gov.uk/uksi/2009/404/article/2) (with [art. 6](https://www.legislation.gov.uk/uksi/2009/404/article/6))
[^c23791531]: Words in [s. 769(2A)(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/769/2A/9) substituted (1.4.2009) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 113(2)](https://www.legislation.gov.uk/ukpga/2008/9/section/113/2), [Sch. 36 para. 82(b)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/82/b) (with [Sch. 36 para. 38](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/38)); [S.I. 2009/404](https://www.legislation.gov.uk/uksi/2009/404), [art. 2](https://www.legislation.gov.uk/uksi/2009/404/article/2) (with [art. 6](https://www.legislation.gov.uk/uksi/2009/404/article/6))
[^c23791381]: [Ss. 767A-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/767A): [The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575)](https://www.legislation.gov.uk/uksi/2006/575), [reg. 36](https://www.legislation.gov.uk/uksi/2006/575/regulation/36) to be construed as one (6.4.2006) with these sections, by virtue of that reg.
[^c23791461]: [Ss. 768-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/768) modified (22.7.2008) by [Crossrail Act 2008 (c. 18)](https://www.legislation.gov.uk/ukpga/2008/18), [Sch. 13 para. 30](https://www.legislation.gov.uk/ukpga/2008/18/schedule/13/paragraph/30)
@@ -59605,6 +54947,8 @@
[^c23229411]: Words in [s. 767B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/767B/10) substituted (with effect in accordance with [s. 116(6)](https://www.legislation.gov.uk/ukpga/1998/36/section/116/6) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 116(4)](https://www.legislation.gov.uk/ukpga/1998/36/section/116/4)
[^c23791511]: Words in [s. 767B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/767B/4) substituted (1.4.2009) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [s. 113(2)](https://www.legislation.gov.uk/ukpga/2008/9/section/113/2), [Sch. 36 para. 80](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/80) (with [Sch. 36 para. 38](https://www.legislation.gov.uk/ukpga/2008/9/schedule/36/paragraph/38)); [S.I. 2009/404](https://www.legislation.gov.uk/uksi/2009/404), [art. 2](https://www.legislation.gov.uk/uksi/2009/404/article/2) (with [art. 6](https://www.legislation.gov.uk/uksi/2009/404/article/6))
[^c23076701]: [S. 768B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/10) substituted for s. 768B(10)(11) (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 39(1)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/39/1) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c23077761]: Words in [s. 768B(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/13) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 39(2)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/39/2) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
@@ -59623,8 +54967,6 @@
[^c23790911]: Words in [s. 768B(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/6) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 3(3)(b)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/3/3/b)
[^c23790931]: Words in [s. 768B(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/8) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 3(4)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/3/4)
[^c23790951]: Words in [s. 768B(9)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/9/a) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 3(5)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/3/5)
[^c23790971]: Words in [s. 768B(14)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/14) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 3(6)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/3/6)
@@ -59633,7 +54975,27 @@
[^c23791471]: [Ss. 768-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/768) modified (22.7.2008) by [Crossrail Act 2008 (c. 18)](https://www.legislation.gov.uk/ukpga/2008/18), [Sch. 13 para. 30](https://www.legislation.gov.uk/ukpga/2008/18/schedule/13/paragraph/30)
[^c23791291]: Words in [s. 768B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/10) inserted (with effect in accordance with [Sch. 7 para. 3(9)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/9) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 7 para. 3(1)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/1)
[^c23791621]: Words in [s. 768B(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791641]: Words in [s. 768B(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791661]: Words in [s. 768B(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/8) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791681]: Words in [s. 768B(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791831]: Words in [s. 768B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/10) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(6)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/6/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791701]: Words in [s. 768B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/10) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(6)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/6/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791721]: Words in [s. 768B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/10) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(6)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/6/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791741]: Words in [s. 768B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/10) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(6)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/6/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791771]: Words in [s. 768B(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/13) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(7)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/7/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791791]: Words in [s. 768B(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/13) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(7)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/7/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791811]: Words in [s. 768B(14)](https://www.legislation.gov.uk/ukpga/1988/1/section/768B/14) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 221(8)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/221/8) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23082351]: [S. 768C(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/9) substituted for s. 768C(9)(10) (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 40](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/40) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
@@ -59653,14 +55015,30 @@
[^c23791481]: [Ss. 768-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/768) modified (22.7.2008) by [Crossrail Act 2008 (c. 18)](https://www.legislation.gov.uk/ukpga/2008/18), [Sch. 13 para. 30](https://www.legislation.gov.uk/ukpga/2008/18/schedule/13/paragraph/30)
[^c23791311]: Words in [s. 768C(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/9) inserted (with effect in accordance with [Sch. 7 para. 3(9)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/9) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 7 para. 3(2)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/2)
[^c23791851]: Words in [s. 768C(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792071]: Words in [s. 768C(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/9) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/3/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791871]: Words in [s. 768C(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791891]: Words in [s. 768C(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791911]: Words in [s. 768C(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/9) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(3)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/3/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791931]: Words in [s. 768C(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/12) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791951]: Words in [s. 768C(13)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/13) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791971]: Words in [s. 768C(13)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/13/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791991]: Words in [s. 768C(13)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/13/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(5)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/5/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792031]: Words in [s. 768C(13)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/13/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(5)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/5/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792051]: Words in [s. 768C(13)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/768C/13/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 222(5)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/222/5/e) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791341]: [Ss. 767A-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/767A): [The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575)](https://www.legislation.gov.uk/uksi/2006/575), [reg. 36](https://www.legislation.gov.uk/uksi/2006/575/regulation/36) to be construed as one (6.4.2006) with these sections, by virtue of that reg.
[^c23791361]: [Ss. 767A-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/767A): [The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575)](https://www.legislation.gov.uk/uksi/2006/575), [reg. 36](https://www.legislation.gov.uk/uksi/2006/575/regulation/36) to be construed as one (6.4.2006) with these sections, by virtue of that reg.
[^c23229631]: [1970 c. 9](https://www.legislation.gov.uk/ukpga/1970/9).
[^c23791271]: [Ss. 768](https://www.legislation.gov.uk/ukpga/1988/1/section/768), [768D](https://www.legislation.gov.uk/ukpga/1988/1/section/768D) modified (8.6.2005) by [Railways Act 2005 (c. 14)](https://www.legislation.gov.uk/ukpga/2005/14), [s. 60(2)](https://www.legislation.gov.uk/ukpga/2005/14/section/60/2), [Sch. 10 para. 11](https://www.legislation.gov.uk/ukpga/2005/14/schedule/10/paragraph/11); [S.I. 2005/1444](https://www.legislation.gov.uk/uksi/2005/1444), [art. 2(1)](https://www.legislation.gov.uk/uksi/2005/1444/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/2005/1444/schedule/1)
[^c23791411]: [Ss. 767A-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/767A): [The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575)](https://www.legislation.gov.uk/uksi/2006/575), [reg. 36](https://www.legislation.gov.uk/uksi/2006/575/regulation/36) to be construed as one (6.4.2006) with these sections, by virtue of that reg.
@@ -59679,6 +55057,16 @@
[^c23791191]: [S. 768D(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/768D/8/b) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 5(5)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/5/5)
[^c23792421]: Words in [s. 768D(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/768D/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 223(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/223/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792441]: Words in [s. 768D(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/768D/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 223(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/223/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792461]: Words in [s. 768D(8)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/768D/8/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 223(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/223/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792481]: Words in [s. 768D(8)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/768D/8/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 223(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/223/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792501]: Words in [s. 768D(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/768D/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 223(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/223/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23791421]: [Ss. 767A-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/767A): [The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575)](https://www.legislation.gov.uk/uksi/2006/575), [reg. 36](https://www.legislation.gov.uk/uksi/2006/575/regulation/36) to be construed as one (6.4.2006) with these sections, by virtue of that reg.
[^c23791501]: [Ss. 768-768E](https://www.legislation.gov.uk/ukpga/1988/1/section/768) modified (22.7.2008) by [Crossrail Act 2008 (c. 18)](https://www.legislation.gov.uk/ukpga/2008/18), [Sch. 13 para. 30](https://www.legislation.gov.uk/ukpga/2008/18/schedule/13/paragraph/30)
@@ -59687,32 +55075,32 @@
[^c23791231]: Words in [s. 768E(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/768E/7) substituted (with effect in accordance with [ss. 42-44](https://www.legislation.gov.uk/ukpga/2004/12/section/42) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 6 para. 6(3)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/6/paragraph/6/3)
[^c23792521]: Words in [s. 768E(1)(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/768E/1/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 224(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/224/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792551]: Words in [s. 768E(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/768E/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 224(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/224/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23792571]: Words in [s. 768E(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/768E/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 224(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/224/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627451]: Source—1970 s.486
[^c23793501]: Words in [s. 774(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/774/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 310(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/310/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23793521]: Words in [s. 774(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/774/1) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 310(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/310/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23793541]: Words in [s. 774(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/774/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 225](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/225) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627481]: Source—1970 s.488; 1979(C) Sch.7
[^c23261011]: Words in [s. 776(6)(a)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/6/a/b) substituted (31.7.1998) by [Finance Act 1998 (c. 6)](https://www.legislation.gov.uk/ukpga/1998/6), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/6/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/6/schedule/7/paragraph/1)
[^c23795051]: Word in [s. 776(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/6) substituted (S.) (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [Sch. 12 para. 50(4)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/50/4); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^c23795151]: Words in [s. 776(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3/a) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 312(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/312/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23795071]: [S. 776(3A)(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3A/3B) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 312(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/312/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23795111]: Words in [s. 776(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/6/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 312(4)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/312/4/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23795171]: Word in [s. 776(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/1) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(2)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23795191]: Words in [s. 776(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(3)(a)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23795211]: Words in [s. 776(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3/b) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(3)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23796031]: [S. 776(3A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3A/a) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(4)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23796051]: [S. 776(3B)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3B) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23796071]: Words in [s. 776(6)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/6/a) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(6)(a)(i)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/6/a/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -59739,6 +55127,16 @@
[^c23796011]: Word in [s. 776(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/11) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 184(10)(d)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/184/10/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23796181]: [S. 776(3)(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/3/3A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 231(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/231/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23796201]: Words in [s. 776(6)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/6/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 231(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/231/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23796221]: Words in [s. 776(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/6/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 231(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/231/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23796241]: Words in [s. 776(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 231(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/231/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23796261]: Word in [s. 776(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/776/8) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 231(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/231/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627521]: Source—1970 s.489; 1979(C) Sch.7
[^c21627531]: Words in [s. 777(11)(12)](https://www.legislation.gov.uk/ukpga/1988/1/section/777/11/12) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 10 para. 14(51)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/51) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
@@ -59807,8 +55205,6 @@
[^c22904051]: [S. 779(1)(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/1/2) excluded (8.11.1995) by [Atomic Energy Authority Act 1995 (c. 37)](https://www.legislation.gov.uk/ukpga/1995/37), [Sch. 3 para. 10](https://www.legislation.gov.uk/ukpga/1995/37/schedule/3/paragraph/10)
[^c22904011]: Words in [s. 779(13)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/a) repealed (with effect in accordance with s. 39(4)(5) of the repealing Act) by [Finance Act 1995 (c. 4)](https://www.legislation.gov.uk/ukpga/1995/4), [Sch. 6 para. 27](https://www.legislation.gov.uk/ukpga/1995/4/schedule/6/paragraph/27), [Sch. 29 Pt. 8(1)](https://www.legislation.gov.uk/ukpga/1995/4/schedule/29/part/8/1), Note
[^c23312471]: [S. 779](https://www.legislation.gov.uk/ukpga/1988/1/section/779) excluded (12.1.2000) by [Greater London Authority Act 1999 (c. 29)](https://www.legislation.gov.uk/ukpga/1999/29), [s. 425(2)](https://www.legislation.gov.uk/ukpga/1999/29/section/425/2), [Sch. 33 para. 13(1)](https://www.legislation.gov.uk/ukpga/1999/29/schedule/33/paragraph/13/1); [S.I. 1999/3434](https://www.legislation.gov.uk/uksi/1999/3434), [art. 2](https://www.legislation.gov.uk/uksi/1999/3434/article/2)
[^c23264461]: Words in [s. 779(13)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/b) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
@@ -59817,16 +55213,6 @@
[^c23796901]: Words in [s. 779(13)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/d) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 32(2)
[^c23796921]: Words in [s. 779(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/10) renumbered as s. 779(10)(a) (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by virtue of [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23796941]: Words in [s. 779(10)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/10/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23796961]: Words in [s. 779(10)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/10/a) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/2/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23796981]: [S. 779(10)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/10/b) and preceding word inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23797001]: Words in [s. 779(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/10) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(2)(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/2/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23797021]: [S. 779(13)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/aa) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23797061]: Words in [s. 779(13)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/c) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 314(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/314/3/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -59837,6 +55223,16 @@
[^c23797101]: Words in [s. 779(13)(ca)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/ca) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 187(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/187/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23797121]: [S. 779(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/10) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 232(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/232/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797181]: [S. 779(13)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 232(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/232/3/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797141]: Words in [s. 779(13)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 232(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/232/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797201]: Words in [s. 779(13)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/d) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 232(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/232/3/c), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797161]: [S. 779(13)(da)](https://www.legislation.gov.uk/ukpga/1988/1/section/779/13/da) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 232(3)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/232/3/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23082491]: [S. 780](https://www.legislation.gov.uk/ukpga/1988/1/section/780) excluded (24.7.1996) by [Broadcasting Act 1996 (c. 55)](https://www.legislation.gov.uk/ukpga/1996/55), [s. 149(1)(f)](https://www.legislation.gov.uk/ukpga/1996/55/section/149/1/f), [Sch. 7 para. 23](https://www.legislation.gov.uk/ukpga/1996/55/schedule/7/paragraph/23) (with [s. 43](https://www.legislation.gov.uk/ukpga/1996/55/section/43))
[^c21627581]: Source—1972 s.80
@@ -59849,6 +55245,8 @@
[^c23797261]: [S. 780(3C)](https://www.legislation.gov.uk/ukpga/1988/1/section/780/3C) inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 188](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/188) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23797281]: Words in [s. 780(3A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/780/3A/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 233](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/233) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22902841]: [S. 781](https://www.legislation.gov.uk/ukpga/1988/1/section/781) modified (11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/3), [Sch. 24 para. 19(1)-(4)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/19/1)
[^c22902861]: [S. 781](https://www.legislation.gov.uk/ukpga/1988/1/section/781) excluded (11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/3), [Sch. 24 para. 19(6)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/19/6)
@@ -59893,6 +55291,16 @@
[^c23797431]: Words in [s. 781(4)(ab)](https://www.legislation.gov.uk/ukpga/1988/1/section/781/4/ab) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 189(3)(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/189/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23797541]: Words in [s. 781(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/781/1) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 234(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/234/2), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797501]: [S. 781(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/781/1B) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 234(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/234/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797481]: Words in [s. 781(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/781/4/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 234(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/234/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797561]: Words in [s. 781(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/781/4/c) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 234(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/234/4/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797521]: [S. 781(4)(ca)](https://www.legislation.gov.uk/ukpga/1988/1/section/781/4/ca) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 234(4)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/234/4/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22902941]: [S. 782](https://www.legislation.gov.uk/ukpga/1988/1/section/782) excluded (11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/3), [Sch. 24 para. 19(5)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/19/5)
[^c22902961]: [S. 782](https://www.legislation.gov.uk/ukpga/1988/1/section/782) excluded (19.9.1994) by [Coal Industry Act 1994 (c. 21)](https://www.legislation.gov.uk/ukpga/1994/21), [s. 68(4)](https://www.legislation.gov.uk/ukpga/1994/21/section/68/4), [Sch. 4 para. 18(2)](https://www.legislation.gov.uk/ukpga/1994/21/schedule/4/paragraph/18/2) (with [s. 40(7)](https://www.legislation.gov.uk/ukpga/1994/21/section/40/7)); [S.I. 1994/2189](https://www.legislation.gov.uk/uksi/1994/2189), [art. 2](https://www.legislation.gov.uk/uksi/1994/2189/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1994/2189/schedule)
@@ -59907,18 +55315,16 @@
[^c23276161]: Words in [s. 782(1)(a)(2)(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/782/1/a/2/3) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23797581]: Words in [s. 782(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/782/9) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 317](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/317) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23797601]: [S. 782(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/782/1A) inserted (with effect in accordance with [Sch. 9 para. 3(3)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/9/paragraph/3/3) of the amending Act) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 9 para. 3(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/9/paragraph/3/2)
[^c23797621]: Words in [s. 782(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/782/9) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 235](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/235), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627631]: Source—1970 s.494
[^c22902981]: [S. 783(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/2) restricted (11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/3), [Sch. 24 para. 19(2)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/19/2)
[^c22903001]: [S. 783(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/4) excluded (11.1.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 252(3)](https://www.legislation.gov.uk/ukpga/1994/9/section/252/3), [Sch. 24 para. 19(1)(a)(3)](https://www.legislation.gov.uk/ukpga/1994/9/schedule/24/paragraph/19/1/a/3)
[^c21627641]: *See*—s.756—s.783(11)*applied for purposes of* Part XVII Ch.IV (*controlled foreign companies*),s.798(10)—s.783(11)*applied for purposes of* s.798 (*interest on certain overseas loans*).
[^c23797661]: [S. 783(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/4) excluded (8.6.2005) by [Railways Act 2005 (c. 14)](https://www.legislation.gov.uk/ukpga/2005/14), [s. 60(2)](https://www.legislation.gov.uk/ukpga/2005/14/section/60/2), [Sch. 10 paras. 8(2)](https://www.legislation.gov.uk/ukpga/2005/14/schedule/10/paragraph/8/2), [20(2)](https://www.legislation.gov.uk/ukpga/2005/14/schedule/10/paragraph/20/2); [S.I. 2005/1444](https://www.legislation.gov.uk/uksi/2005/1444), [art. 2(1)](https://www.legislation.gov.uk/uksi/2005/1444/article/2/1), [Sch. 1](https://www.legislation.gov.uk/uksi/2005/1444/schedule/1)
[^c23797641]: Words in [s. 783(10)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/10/b) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 318](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/318) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -59927,6 +55333,10 @@
[^c23797671]: Words in [s. 783(10)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/10/a) substituted (5.12.2005) by [The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229)](https://www.legislation.gov.uk/uksi/2005/3229), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/3229/regulation/1/1), [98](https://www.legislation.gov.uk/uksi/2005/3229/regulation/98)
[^c23797721]: Words in [s. 783(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/9) inserted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 156(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/156/2)
[^c23797741]: [S. 783(9)(a)(b)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/783/9/a/b/c) and words omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 156(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/156/3)
[^c21627651]: Source—1970 s.495
[^c21627661]: Source—Consumer Credit Act 1974 Sch.4 29
@@ -59937,6 +55347,8 @@
[^c23797811]: [S. 785](https://www.legislation.gov.uk/ukpga/1988/1/section/785): words in definition of "capital sum" substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 190](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/190) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23797831]: [S. 785](https://www.legislation.gov.uk/ukpga/1988/1/section/785): words in definition of "capital sum" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 236](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/236) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627681]: Source—1970 s.496
[^c22992861]: [S. 786(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/786/4) repealed (with effect in accordance with s. 159(1) of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [s. 159(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/159/1), [Sch. 41 Pt. 5(21)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/21), Note 1; [S.I. 1996/2646](https://www.legislation.gov.uk/uksi/1996/2646), [art. 2](https://www.legislation.gov.uk/uksi/1996/2646/article/2)
@@ -59951,6 +55363,10 @@
[^c23798301]: [S. 786(5ZA)](https://www.legislation.gov.uk/ukpga/1988/1/section/786/5ZA) inserted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 6 para. 8(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/6/paragraph/8/2)
[^c23798321]: Words in [s. 786(3A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/786/3A/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 241(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/241/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798341]: Words in [s. 786(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/786/5/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 241(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/241/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627691]: Source—1976 s.38
[^c23798441]: [S. 787](https://www.legislation.gov.uk/ukpga/1988/1/section/787) extended (with effect in accordance with s. 56 of the affecting Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [Sch. 2 para. 8](https://www.legislation.gov.uk/ukpga/2005/7/schedule/2/paragraph/8)
@@ -59959,6 +55375,14 @@
[^c23313101]: [S. 787(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/787/3) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 53(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/53/3)
[^c23798451]: Words in [s. 787(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/787/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 242(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/242/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798471]: [S. 787(1A)](https://www.legislation.gov.uk/ukpga/1988/1/section/787/1A) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 242(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/242/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798511]: Words in [s. 787(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/787/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 242(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/242/4), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798491]: [S. 787(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/787/3) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 242(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/242/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797851]: [S. 785A(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/785A/5A) inserted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 6 para. 7(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/6/paragraph/7/2)
[^c23797971]: [S. 785A(1)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/785A/1/d) omitted (with effect in accordance with [Sch. 22 para. 1(6)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/22/paragraph/1/6) of the amending Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 22 para. 1(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/22/paragraph/1/2)
@@ -59973,7 +55397,21 @@
[^c23797871]: [S. 785A(5B)](https://www.legislation.gov.uk/ukpga/1988/1/section/785A/5B) inserted (21.7.2008) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 20 para. 3](https://www.legislation.gov.uk/ukpga/2008/9/schedule/20/paragraph/3)
[^c23794991]: Words in [s. 775A(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/775A/4/c) substituted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 183](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/183) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23795011]: Word in [s. 775A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/775A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 230(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/230/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23795031]: [S. 775A(2)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/775A/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 230(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/230/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798121]: Words in [s. 785ZA(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/785ZA/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 237](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/237) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798181]: Words in [s. 785ZB(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/785ZB/4) substituted (1.4.2009 with effect in accordance with art. 1(2) of the amending S.I.) by [The Corporation Tax Act 2009 (Amendment) Order 2009 (S.I. 2009/2860)](https://www.legislation.gov.uk/uksi/2009/2860), [arts. 1](https://www.legislation.gov.uk/uksi/2009/2860/article/1), [3(3)](https://www.legislation.gov.uk/uksi/2009/2860/article/3/3)
[^c23798141]: Words in [s. 785ZB(8)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/785ZB/8/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 238(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/238/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798161]: Words in [s. 785ZB(8)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/785ZB/8/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 238(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/238/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23797991]: Words in [s. 785C(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/785C/4/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 239](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/239) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23798101]: Words in [s. 785D(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/785D/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 240](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/240) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23793711]: [S. 774B(1)-(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/774B/1) substituted for s. 774B(1) (with effect in accordance with [Sch. 5 para. 7(1)-(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/7/1) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 3(2)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/3/2)
@@ -59981,8 +55419,16 @@
[^c23793751]: Words in [s. 774B(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/774B/5) substituted (with effect in accordance with [Sch. 5 para. 7(1)-(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/7/1) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 3(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/3/4)
[^c23793771]: Words in [s. 774B(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/774B/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 226(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/226/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23793791]: Words in [s. 774B(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/774B/5/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 226(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/226/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23793811]: [S. 774D(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/774D/2A) inserted (with effect in accordance with [Sch. 5 para. 7(1)-(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/7/1) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 4](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/4)
[^c23793831]: Words in [s. 774D(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/774D/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 227(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/227/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23793851]: Words in [s. 774D(7)(a)(10)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/774D/7/a/10/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 227(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/227/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23794611]: [S. 774E(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/4/b) substituted (with effect in accordance with [S.I. 2007/2483](https://www.legislation.gov.uk/uksi/2007/2483), [art. 3](https://www.legislation.gov.uk/uksi/2007/2483/article/3)) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 47(4)](https://www.legislation.gov.uk/ukpga/2007/11/section/47/4), [Sch. 14 para. 9](https://www.legislation.gov.uk/ukpga/2007/11/schedule/14/paragraph/9)
[^c23794591]: Words in [s. 774E(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/5/b) substituted (with effect in accordance with [Sch. 5 para. 17(5)-(9)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/17/5) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 17(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/17/4)
@@ -59991,6 +55437,14 @@
[^c23794651]: Words in [s. 774E(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/6) omitted (with effect in accordance with Sch. 20 para. 6(19) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 20 para. 6(18)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/20/paragraph/6/18)
[^c23794671]: Words in [s. 774E(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/3/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 228(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/228/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23794691]: Words in [s. 774E(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 228(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/228/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23794711]: Words in [s. 774E(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/4/b) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 228(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/228/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23794731]: Words in [s. 774E(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/774E/4/c) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 228(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/228/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23794771]: Words in [s. 774G(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/774G/3/a) substituted (with effect in accordance with [Sch. 5 para. 7(1)-(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/7/1) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 6(2)(a)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/6/2/a)
[^c23794791]: [S. 774G(3)(a)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/section/774G/3/a/ii) and preceding word inserted (with effect in accordance with [Sch. 5 para. 7(1)-(5)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/7/1) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 6(2)(b)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/6/2/b)
@@ -59999,6 +55453,8 @@
[^c23794831]: [S. 774G(5A)](https://www.legislation.gov.uk/ukpga/1988/1/section/774G/5A) inserted (19.7.2007) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 paras. 6(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/6/4), [7(6)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/7/6)
[^c23794851]: Words in [s. 774G(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/774G/7) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 229](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/229) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627721]: *See*—1970 ss.267, 273, 273A*and* 276(groups)—*disapplication of those provisions in the case of companies treated as resident outside the U.K. by virtue of* s.788.1989 s.115—*calculation of tax credit for non-resident on gross amount of distribution.*1990 s.32(8)—*application of* s.788*to assets held by employee share ownership trusts.* [S. 788](https://www.legislation.gov.uk/ukpga/1988/1/section/788) modified (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 194(1)](https://www.legislation.gov.uk/ukpga/1993/34/section/194/1)
[^c21627741]: Source—1970 s.497(1)-(8); 1972 ss.98(2), 100(1); 1976 s.50(2); 1987 s.70(1)
@@ -60015,12 +55471,12 @@
[^c23799001]: Words in [s. 788(3)(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/788/3/d) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 321(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/321/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23799021]: Words in [s. 788(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/788/7) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 321(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/321/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23799061]: [S. 788(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/788/2) repealed (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [Sch. 26 Pt. 8(2)](https://www.legislation.gov.uk/ukpga/2006/25/schedule/26/part/8/2)
[^c23799041]: [S. 788(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/788/10) substituted (19.7.2006) by [Finance Act 2006 (c. 25)](https://www.legislation.gov.uk/ukpga/2006/25), [s. 176](https://www.legislation.gov.uk/ukpga/2006/25/section/176)
[^c23799081]: Words in [s. 788(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/788/7) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 243](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/243), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627751]: Source—1970 s.497(9), (10); 1971 sch.6 74; 1972 s.100(1)
[^c21627761]: [1952 c.10](https://www.legislation.gov.uk/ukpga/1952/10).
@@ -60053,7 +55509,7 @@
[^c23799161]: Words in [s. 790(6A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/790/6A/b) substituted (with effect in accordance with [s. 153(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(1)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/1/a)
[^c23799171]: Words in [s. 790(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/790/11) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 322](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/322) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23799191]: Words in [s. 790(11)](https://www.legislation.gov.uk/ukpga/1988/1/section/790/11) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 244](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/244), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627831]: *For regulations see* Part III Vol.5
@@ -60111,6 +55567,10 @@
[^c23802401]: [S. 795(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/795/5) inserted (22.7.2004) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 112(4)](https://www.legislation.gov.uk/ukpga/2004/12/section/112/4)
[^c23802451]: Words in [s. 795(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/795/4/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 245(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/245/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802481]: Words in [s. 795(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/795/4/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 245(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/245/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21627911]: Source—1970 s.504
[^c22894701]: Words in [s. 796(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/796/1) inserted (with effect in accordance with [s. 77(7)](https://www.legislation.gov.uk/ukpga/1994/9/section/77/7) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [Sch. 8 para. 12](https://www.legislation.gov.uk/ukpga/1994/9/schedule/8/paragraph/12)
@@ -60133,8 +55593,6 @@
[^c22894781]: [S. 797(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/4/5) repealed (with effect in accordance with Sch. 3 para. 35(3) of the repealing Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [Sch. 3 para. 35(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/3/paragraph/35/2), [Sch. 27 Pt. 3(2)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/2), Note
[^c22894801]: Words in [s. 797(3B)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/3B/b) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 54](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/54)
[^c23802601]: Words in [s. 797(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/1) substituted (with effect in accordance with [s. 154(5)](https://www.legislation.gov.uk/ukpga/2003/14/section/154/5) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 154(2)](https://www.legislation.gov.uk/ukpga/2003/14/section/154/2)
[^c23802621]: Words in [s. 797(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/2) substituted (with effect in accordance with [s. 154(5)](https://www.legislation.gov.uk/ukpga/2003/14/section/154/5) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 154(3)](https://www.legislation.gov.uk/ukpga/2003/14/section/154/3)
@@ -60145,6 +55603,14 @@
[^c23802661]: Words in [s. 797(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/3) inserted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 34(2)
[^c23802691]: Words in [s. 797(2A)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/2A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 246(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/246/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802711]: Words in [s. 797(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/3A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 246(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/246/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802731]: Words in [s. 797(3B)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/3B/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 246(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/246/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802751]: Words in [s. 797(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/797/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 246(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/246/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23803041]: [Ss. 798-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/798) substituted for ss. 798-798B (with effect in accordance with [s. 86(3)-(5)](https://www.legislation.gov.uk/ukpga/2005/7/section/86/3) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 86(1)](https://www.legislation.gov.uk/ukpga/2005/7/section/86/1)
[^c23803121]: [Ss. 797-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/797) applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [reg. 4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
@@ -60169,24 +55635,42 @@
[^c23802771]: [Ss. 797-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/797) applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [reg. 4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
[^c22894991]: Words in [s. 797A(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5/a) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 55(2)(a)(i)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/55/2/a/i)
[^c22895011]: Words in [s. 797A(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5/a) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 55(2)(a)(ii)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/55/2/a/ii)
[^c22895071]: [S. 797A(5)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5/aa) inserted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 55(2)(b)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/55/2/b)
[^c22895031]: Word in [s. 797A(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5/b) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 55(2)(c)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/55/2/c)
[^c22895101]: Words in [s. 797A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5) repealed (with effect in accordance with s. 82(2) of the repealing Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 40 Pt. 3(12)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/12), Note
[^c22895051]: Words in [s. 797A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/6) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 55(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/55/3)
[^c22895141]: Words in [s. 797A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/7) repealed (with effect in accordance with s. 82(2) of the repealing Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 40 Pt. 3(12)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/40/part/3/12), Note
[^c23802781]: Words in [s. 797A(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802801]: Words in [s. 797A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802941]: Words in [s. 797A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/3/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802821]: Words in [s. 797A(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802841]: Words in [s. 797A(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802861]: Words in [s. 797A(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/5/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802881]: Words in [s. 797A(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/6) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(6)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/6) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802901]: Words in [s. 797A(7)(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/7/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/7) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802921]: Words in [s. 797A(8)](https://www.legislation.gov.uk/ukpga/1988/1/section/797A/8) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 247(8)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/247/8) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23803061]: [Ss. 798-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/798) substituted for ss. 798-798B (with effect in accordance with [s. 86(3)-(5)](https://www.legislation.gov.uk/ukpga/2005/7/section/86/3) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 86(1)](https://www.legislation.gov.uk/ukpga/2005/7/section/86/1)
[^c23803131]: [Ss. 797-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/797) applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [reg. 4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
[^c23803201]: [S. 798A(4)(a)-(d)](https://www.legislation.gov.uk/ukpga/1988/1/section/798A/4/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 249(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/249/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23803221]: [S. 798A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/798A/5) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 249(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/249/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23803081]: [Ss. 798-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/798) substituted for ss. 798-798B (with effect in accordance with [s. 86(3)-(5)](https://www.legislation.gov.uk/ukpga/2005/7/section/86/3) of the amending Act) by [Finance Act 2005 (c. 7)](https://www.legislation.gov.uk/ukpga/2005/7), [s. 86(1)](https://www.legislation.gov.uk/ukpga/2005/7/section/86/1)
[^c23803141]: [Ss. 797-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/797) applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [reg. 4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
@@ -60201,6 +55685,12 @@
[^c23802961]: [Ss. 797-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/797) applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [reg. 4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
[^c23802971]: Words in [s. 797B(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/797B/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 248(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/248/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23802991]: Words in [s. 797B(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/797B/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 248(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/248/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23803011]: Words in [s. 797B(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/797B/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 248(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/248/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23803151]: [Ss. 797-798C](https://www.legislation.gov.uk/ukpga/1988/1/section/797) applied (31.12.2006 with effect in accordance with reg. 1(2) of the amending S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [reg. 4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
[^c23803281]: [S. 798C(2)-(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/798C/2) substituted for s. 798C(2) (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 194](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/194) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -60321,6 +55811,10 @@
[^c23804351]: Words in [s. 804A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/804A/1) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 48](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/48) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23804371]: Words in [s. 804A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/804A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 250(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/250/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23804391]: Words in [s. 804A(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/804A/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 250(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/250/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21628041]: *See* s.732(4)—*dealers in securities.*
[^c23805031]: [Ss. 805](https://www.legislation.gov.uk/ukpga/1988/1/section/805), [806](https://www.legislation.gov.uk/ukpga/1988/1/section/806) applied (31.12.2006 with effect in accordance with reg. 1(2) of the affecting S.I.) by [The Lloyd's Underwriters (Double Taxation Relief) (Corporate Members) Regulations 2006 (S.I. 2006/3262)](https://www.legislation.gov.uk/uksi/2006/3262), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2006/3262/regulation/1/1), [4](https://www.legislation.gov.uk/uksi/2006/3262/regulation/4)
@@ -60385,6 +55879,8 @@
[^c23804811]: Words in [s. 804C(14)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/804C/14/b) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 50(b)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/50/b) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23804841]: Words in [s. 804C(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/804C/1/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 251(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/251/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22897551]: [S. 804D](https://www.legislation.gov.uk/ukpga/1988/1/section/804D) modified (25.10.2000) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473)](https://www.legislation.gov.uk/uksi/1997/473), [reg. 30D](https://www.legislation.gov.uk/uksi/1997/473/regulation/30D) (as inserted by [The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2000 (S.I. 2000/2710)](https://www.legislation.gov.uk/uksi/2000/2710), [regs. 1](https://www.legislation.gov.uk/uksi/2000/2710/regulation/1), [6](https://www.legislation.gov.uk/uksi/2000/2710/regulation/6); and as amended by [S.I. 2004/822](https://www.legislation.gov.uk/uksi/2004/822), [regs. 1](https://www.legislation.gov.uk/uksi/2004/822/regulation/1), [26](https://www.legislation.gov.uk/uksi/2004/822/regulation/26))
[^c23804881]: [S. 804D](https://www.legislation.gov.uk/ukpga/1988/1/section/804D) modified (12.8.2005 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 2005 (S.I. 2005/2014)](https://www.legislation.gov.uk/uksi/2005/2014), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2005/2014/regulation/1/1), [24](https://www.legislation.gov.uk/uksi/2005/2014/regulation/24)
@@ -60407,20 +55903,36 @@
[^c22898011]: Words in [s. 806A(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/806A/5) added (with effect in accordance with [Sch. 27 para. 4(3)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/27/paragraph/4/3) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 27 para. 4(2)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/27/paragraph/4/2)
[^c23805371]: Words in [s. 806A(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/806A/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 252](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/252) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c22898031]: [S. 806B(3)-(6)](https://www.legislation.gov.uk/ukpga/1988/1/section/806B/3) substituted (with effect in accordance with [Sch. 27 para. 5(4)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/27/paragraph/5/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 27 para. 5(2)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/27/paragraph/5/2)
[^c22898051]: Words in [s. 806B(9)](https://www.legislation.gov.uk/ukpga/1988/1/section/806B/9) substituted (with effect in accordance with [Sch. 27 para. 5(4)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/27/paragraph/5/4) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [Sch. 27 para. 5(3)](https://www.legislation.gov.uk/ukpga/2001/9/schedule/27/paragraph/5/3)
[^c23805611]: Words in [s. 806B(3)(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/806B/3/4/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 253(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/253/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23805691]: [S. 806B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/806B/10): definition of "the Case V dividend" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 253(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/253/3/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23805651]: [S. 806B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/806B/10): in definition of "higher level dividend", para. (b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 253(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/253/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23805671]: [S. 806B(10)](https://www.legislation.gov.uk/ukpga/1988/1/section/806B/10): in definition of "the relevant tax", words in para. (a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 253(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/253/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23805811]: [S. 806K(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/806K/1) modified (with effect in accordance with s. 153(4) of the modifying Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(2)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/2/a)
[^c23805821]: [S. 806K(2)(bb)](https://www.legislation.gov.uk/ukpga/1988/1/section/806K/2/bb) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 324](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/324) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23805841]: Words in [s. 806K(2)(bb)](https://www.legislation.gov.uk/ukpga/1988/1/section/806K/2/bb) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 254](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/254) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23805901]: Words in [s. 806L(1)(2)(4)(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/806L/1/2/4/5) substituted (with effect in accordance with [s. 153(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(1)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/1/a)
[^c23805881]: [S. 806L(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/806L/7) substituted (with effect in accordance with [s. 155(2)](https://www.legislation.gov.uk/ukpga/2003/14/section/155/2) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [Sch. 27 para. 1(3)](https://www.legislation.gov.uk/ukpga/2003/14/schedule/27/paragraph/1/3)
[^c23805961]: [S. 806L(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/806L/5/b) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 53](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/53) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23805981]: [S. 806L(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/806L/5/a) and word substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 255(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/255/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806001]: Words in [s. 806L(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/806L/5/b) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 255(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/255/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806021]: Words in [s. 806M(2)-(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/806M/2) substituted (with effect in accordance with [s. 153(4)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/4) of the amending Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(1)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/1/a)
[^c21628081]: Source—1985 Sch.23 37
@@ -60491,6 +56003,10 @@
[^c23806951]: [S. 811(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/811/2/b) and word repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 200(b)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/200/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23806961]: Words in [s. 811(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/811/3/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 263(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/263/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806991]: Words in [s. 811(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/811/3/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 263(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/263/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21628221]: Source—1985 s.54(1),(3)
[^c21628231]: Source—1985 s.54(6) Sch.13 5
@@ -60609,29 +56125,17 @@
[^c23806671]: [S. 807A(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/807A/7): definitions of "related transaction" and "trading credit" omitted (with effect in accordance with Sch. 22 para. 2(3) of the repealing Act) by virtue of [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 22 para. 2(2)(a)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/22/paragraph/2/2/a)
[^c23806701]: Words in [s. 807A(2B)](https://www.legislation.gov.uk/ukpga/1988/1/section/807A/2B) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 256(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/256/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806721]: Words in [s. 807A(6A)](https://www.legislation.gov.uk/ukpga/1988/1/section/807A/6A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 256(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/256/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23806801]: [S. 808B(2)-(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/808B/2)(9) applied (with effect in accordance with s. 97(5)(6) of the affecting Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 103](https://www.legislation.gov.uk/ukpga/2004/12/section/103) (with [s. 106](https://www.legislation.gov.uk/ukpga/2004/12/section/106))
[^c23806811]: [S. 808B(2)-(7)](https://www.legislation.gov.uk/ukpga/1988/1/section/808B/2)(9) applied (6.4.2005 with effect in accordance with s. 883(1) of the affecting Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [s. 764](https://www.legislation.gov.uk/ukpga/2005/5/section/764) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c22900221]: Words in [s. 815AA(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/815AA/1) substituted (with effect in accordance with [s. 88(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/88/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [s. 88(2)(a)](https://www.legislation.gov.uk/ukpga/2002/23/section/88/2/a)
[^c21628421]: Source—1970 s.519.
[^c21628431]: *See* s.125—*annual payments for non-taxable consideration.*
[^c22800371]: [S. 817(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/1/b) restricted (with effect in accordance with Sch. 29 Pt. 14 of the affecting Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 29 para. 8(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/29/paragraph/8/3) (with [Sch. 29 para. 8(4)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/29/paragraph/8/4))
[^c23812231]: Word in [s. 817(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 327(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/327/2/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23812251]: Words in [s. 817(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/1/a) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 327(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/327/2/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23812271]: Words in [s. 817(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/2) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 327(3)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/327/3/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23812291]: Words in [s. 817(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 327(3)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/327/3/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23812331]: Words in [s. 817(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 327(3)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/327/3/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23812311]: Words in [s. 817(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/817/2) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 327(3)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/327/3/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23807391]: [S. 815AZA(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/815AZA/4) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 264](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/264) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21628891]: Source—1975 (No.2) s.47(3)(a)
@@ -60651,16 +56155,6 @@
[^c21629281]: *And see* Sch.30 para.1(9).
[^c22802181]: Words in [s. 826(7C)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/7C) substituted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 48(1)(c)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/48/1/c) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c22802941]: Words in [s. 826(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/5) re-numbered as s. 826(5)(a) (31.7.1998) by virtue of [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 34(2)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/34/2/a)
[^c22802951]: Words in [s. 826(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/5) re-numbered as s. 826(5)(b) (31.7.1998) by virtue of [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 34(2)(b)](https://www.legislation.gov.uk/ukpga/1998/36/section/34/2/b)
[^c22802961]: Words in [s. 826(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/5/b) inserted (with effect in accordance with [s. 34(5)](https://www.legislation.gov.uk/ukpga/1998/36/section/34/5) of the amending Act) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 34(3)](https://www.legislation.gov.uk/ukpga/1998/36/section/34/3)
[^c22803451]: Words in [s. 826(8A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/826/8A/a) substituted (with effect in accordance with [Sch. 14 para. 5](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/5) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 14 para. 1(4)(a)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/14/paragraph/1/4/a)
[^c21629551]: Source—1986 s.53.
[^c22803521]: [S. 827(1B)](https://www.legislation.gov.uk/ukpga/1988/1/section/827/1B) inserted (3.5.1994) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [Sch. 7 para. 31](https://www.legislation.gov.uk/ukpga/1994/9/schedule/7/paragraph/31)
@@ -60691,6 +56185,8 @@
[^c23815021]: [S. 827(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/827/3) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 332(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/332/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23815041]: [S. 827(1H)](https://www.legislation.gov.uk/ukpga/1988/1/section/827/1H) added (1.4.2009) by The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 ([S.I. 2009/571](https://www.legislation.gov.uk/uksi/2009/571)), art. 1(1), Sch. 1 paras. 9, 10
[^c21629671]: 1989 s.178(6).
[^c22803721]: Words in [s. 828(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/2) substituted (with effect in accordance with [Sch. 7 para. 32](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/32) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 7 para. 24](https://www.legislation.gov.uk/ukpga/1996/8/schedule/7/paragraph/24)
@@ -60723,18 +56219,18 @@
[^c23815831]: Words in [s. 828(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/2) inserted (21.7.2008) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 16 paras. 3(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/16/paragraph/3/2), [11(4)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/16/paragraph/11/4) (with [Sch. 16 para. 11(5)(6)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/16/paragraph/11/5/6))
[^c23815851]: Words in [s. 828(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 269(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/269/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23815871]: Words in [s. 828(5)(a)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/5/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 269(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/269/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23815891]: Word in [s. 828(5)(b)](https://www.legislation.gov.uk/ukpga/1988/1/section/828/5/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 269(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/269/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21629771]: Source—1973 s.38(1), (2)-(4), (6)
[^c21629781]: [1964 c. 29](https://www.legislation.gov.uk/ukpga/1964/29).
[^c22803791]: Word in [s. 830(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/4) substituted (31.7.1998) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 46(3)(a)](https://www.legislation.gov.uk/ukpga/1998/36/section/46/3/a), [Sch. 7 para. 1](https://www.legislation.gov.uk/ukpga/1998/36/schedule/7/paragraph/1)
[^c23816181]: [S. 830(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/4) modified (with effect in accordance with s. 153(4) of the modifying Act) by [Finance Act 2003 (c. 14)](https://www.legislation.gov.uk/ukpga/2003/14), [s. 153(2)(a)](https://www.legislation.gov.uk/ukpga/2003/14/section/153/2/a)
[^c23816191]: Words in [s. 830(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 335](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/335), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23816211]: Words in [s. 830(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 210](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/210), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23816341]: Words in [s. 830(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/830/1) omitted (1.4.2009 with effect in accordance with art. 1(2) of the repealing S.I.) by virtue of [The Corporation Tax Act 2009 (Amendment) Order 2009 (S.I. 2009/2860)](https://www.legislation.gov.uk/uksi/2009/2860), [arts. 1](https://www.legislation.gov.uk/uksi/2009/2860/article/1), [3(4)(a)](https://www.legislation.gov.uk/uksi/2009/2860/article/3/4/a)
[^c21630391]: 1970 s.526(5), 527(1); 1971 s.32(1), (1D), Sch.8 16(3); 1976 Sch.4 11; 1972 s.93(6); 1979(C), Sch.7; 1981 s.34(5); 1987 Sch.15 2(20)
[^c21630421]: [1986 c. 53](https://www.legislation.gov.uk/ukpga/1986/53).
@@ -60801,12 +56297,8 @@
[^c23816761]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "estate in land" inserted (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act (asp 5), ss. 71, 77(2)(c); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^c23816781]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "overseas property business" substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 337(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/337/a) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23816871]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "relevant foreign income" inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 337(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/337/b) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23816821]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): words in definition of "Schedule A business" substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 337(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/337/c) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23816801]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "tax credit" substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 337(e)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/337/e) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23816891]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "UK property business" inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 337(f)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/337/f) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
@@ -60835,10 +56327,6 @@
[^c23817241]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): words in definition of "notice" repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 212(2)(h)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/212/2/h), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23817261]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): in definition of "overseas property business", para. (a) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 212(2)(i)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/212/2/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23817281]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): in definition of "overseas property business", words in para. (b) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 212(2)(i)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/212/2/i), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23817301]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "preference dividend" repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 212(2)(j)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/212/2/j), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23817081]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "property investment LLP" inserted (6.4.2007 with effect in accordance with [s. 1034(1)](https://www.legislation.gov.uk/ukpga/2007/3/section/1034/1) of the amending Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 212(2)(k)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/212/2/k) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
@@ -60867,6 +56355,14 @@
[^c23817501]: [S. 832(5)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/5) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 212(5)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/212/5), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23817541]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "overseas property business" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 272(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/272/2/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23817561]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "Schedule A business" repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 272(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/272/2/b), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23817521]: [S. 832(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/1): definition of "tribunal" inserted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 157](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/157)
[^c23817581]: [S. 832(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/832/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 272(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/272/3), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21630741]: Source—1970 s.527.
[^c22805331]: Words in [s. 834(3)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/3) substituted (with effect in accordance with [Sch. 14 para. 7](https://www.legislation.gov.uk/ukpga/1994/9/schedule/14/paragraph/7) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [Sch. 14 para. 6](https://www.legislation.gov.uk/ukpga/1994/9/schedule/14/paragraph/6)
@@ -60895,6 +56391,28 @@
[^c23817921]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): in definition of "statutory insolvency arrangement", para. (b) substituted (6.4.2008) by [The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2008 (S.I. 2008/954)](https://www.legislation.gov.uk/uksi/2008/954), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/954/article/1/1), [13](https://www.legislation.gov.uk/uksi/2008/954/article/13) (with [art. 4](https://www.legislation.gov.uk/uksi/2008/954/article/4))
[^c23817941]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): words in definition of "accounting period" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818101]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): definition of "the charge to corporation tax on income" inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23817961]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): words in definition of "chargeable profits" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23817981]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): words in definition of "derivative contract" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818121]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): definition of "income" inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/e) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818001]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): words in definition of "loan relationship" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(f)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/f) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818021]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): words in definition of "non-trading deficit" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(g)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/g) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818141]: [S. 834(1)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/1): definition of "registered industrial and provident society" inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(2)(h)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/2/h) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818041]: Words in [s. 834(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818061]: Words in [s. 834(2)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/2) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23818081]: Words in [s. 834(4)](https://www.legislation.gov.uk/ukpga/1988/1/section/834/4) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 273(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/273/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21630981]: [S. 838](https://www.legislation.gov.uk/ukpga/1988/1/section/838) applied (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 184(1)(a)](https://www.legislation.gov.uk/ukpga/1992/12/section/184/1/a), [289](https://www.legislation.gov.uk/ukpga/1992/12/section/289) (with [ss. 60(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/60/1), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3)) [S. 838](https://www.legislation.gov.uk/ukpga/1988/1/section/838) applied (27.7.1993) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 189(6)](https://www.legislation.gov.uk/ukpga/1993/34/section/189/6)
[^c22805691]: [S. 838](https://www.legislation.gov.uk/ukpga/1988/1/section/838) modified (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 29 para. 50(7)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/29/paragraph/50/7)
@@ -61129,6 +56647,12 @@
[^c23819561]: [S. 842(3A)](https://www.legislation.gov.uk/ukpga/1988/1/section/842/3A) inserted (with effect in accordance with [s. 57(7)](https://www.legislation.gov.uk/ukpga/2007/11/section/57/7) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [s. 57(3)](https://www.legislation.gov.uk/ukpga/2007/11/section/57/3)
[^c23819601]: Words in [s. 842(1AB)](https://www.legislation.gov.uk/ukpga/1988/1/section/842/1AB) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 277(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/277/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23819621]: Words in [s. 842(1AC)](https://www.legislation.gov.uk/ukpga/1988/1/section/842/1AC) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 277(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/277/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23819641]: [S. 842(2D)(2E)](https://www.legislation.gov.uk/ukpga/1988/1/section/842/2D/2E) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 277(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/277/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21631491]: [S. 842A(2)(a)-(c)](https://www.legislation.gov.uk/ukpga/1988/1/section/842A/2/a) substituted (1.4.1993) by [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14), [s. 117(1)](https://www.legislation.gov.uk/ukpga/1992/14/section/117/1), [Sch. 13 para. 57](https://www.legislation.gov.uk/ukpga/1992/14/schedule/13/paragraph/57) (with [s. 118(1)(2)(4)](https://www.legislation.gov.uk/ukpga/1992/14/section/118/1/2/4)); [S.I. 1992/2454](https://www.legislation.gov.uk/uksi/1992/2454), [art. 3(1)(a)](https://www.legislation.gov.uk/uksi/1992/2454/article/3/1/a)
[^c21631501]: [1988 c. 41](https://www.legislation.gov.uk/ukpga/1988/41).
@@ -61777,6 +57301,8 @@
[^c21637061]: Source—1975 Sch.2 1; 1987 Sch.15 7
[^c23821101]: Words in [Sch. 15 para. 21(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/15/paragraph/21/3) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 159](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/159)
[^c21637071]: Source—1970 Sch.1 11(1); 1975 Sch.2 2(1); 1976 s.33(1); 1978 Sch.3 13(1)(a), (b)
[^c21637081]: Source—1970 Sch.1 11(2); 1975 Sch.2 2(2); 1976 s.33(2); 1978 Sch.3 13(1)(b)
@@ -61815,6 +57341,8 @@
[^c21637241]: Source—1987 (No.2) Sch.4
[^c23821771]: Words in [Sch. 17 para. 7](https://www.legislation.gov.uk/ukpga/1988/1/schedule/17/paragraph/7) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 160](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/160)
[^c22742631]: Words in [Sch. 18 paras. 1(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/1/1), [2(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/2/1), [3(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/3/1), [4(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/4/3/4), [5A(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/5A/3/4), [5C(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/5C/3/4), [5D(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/5D/3/4), [5E(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/5E/3/4), [6](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18/paragraph/6) substituted (retrospectively) by [Finance Act 2000 (c. 17)](https://www.legislation.gov.uk/ukpga/2000/17), [s. 100(4)(a)(5)](https://www.legislation.gov.uk/ukpga/2000/17/section/100/4/a/5)
[^c21637391]: *See* 1990 s.32(12)(b).*Reference to* “section 413(7) to (9)” *to be construed as a reference to* 1990 s.31(4)*where* Sch.18*applies to disposals of shares to employee share ownership trusts.*
@@ -62255,7 +57783,11 @@
[^c23323251]: Words in [Sch. 25 para. 2(1A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/2/1A) added (with application in accordance with [s. 82(8)](https://www.legislation.gov.uk/ukpga/2001/9/section/82/8) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 82(2)](https://www.legislation.gov.uk/ukpga/2001/9/section/82/2)
[^c23827161]: Words in [Sch. 25 para. 2(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/2/1A/a) substituted (with effect in accordance with [s. 38(2)](https://www.legislation.gov.uk/ukpga/2007/11/section/38/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 7 para. 56](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/paragraph/56) (with [Sch. 7 Pt. 2](https://www.legislation.gov.uk/ukpga/2007/11/schedule/7/part/2))
[^c23827441]: [Sch. 25 para. 2(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/2/1A/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 287(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/287/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23827461]: Words in [Sch. 25 para. 2(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/2/1A/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 287(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/287/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23827481]: Words in [Sch. 25 para. 2(1B)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/2/1B/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 287(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/287/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23319741]: [Sch. 25 para. 3(4A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/3/4A) inserted (with application in accordance with [s. 134(5)](https://www.legislation.gov.uk/ukpga/1994/9/section/134/5) of the amending Act) by [Finance Act 1994 (c. 9)](https://www.legislation.gov.uk/ukpga/1994/9), [s. 134(4)(a)](https://www.legislation.gov.uk/ukpga/1994/9/section/134/4/a)
@@ -62277,7 +57809,9 @@
[^c23323361]: Words in [Sch. 25 para. 4(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/4/2) inserted (with application in accordance with [s. 82(8)](https://www.legislation.gov.uk/ukpga/2001/9/section/82/8) of the amending Act) by [Finance Act 2001 (c. 9)](https://www.legislation.gov.uk/ukpga/2001/9), [s. 82(6)](https://www.legislation.gov.uk/ukpga/2001/9/section/82/6)
[^c23827421]: Words in [Sch. 25 para. 4(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/4/1A/a) substituted (with effect in accordance with [Sch. 17 para. 29(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/29/2) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 17 para. 29(1)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/17/paragraph/29/1)
[^c23827501]: [Sch. 25 para. 4(1A)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/4/1A/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 287(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/287/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23827521]: Words in [Sch. 25 para. 4(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/4/1A/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 287(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/287/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23319831]: Words in [Sch. 25 para. 2A(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/25/paragraph/2A/1) repealed (with effect in accordance with s. 182 of the repealing Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 36 para. 4(3)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/36/paragraph/4/3/a), [Sch. 41 Pt. 5(34)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/41/part/5/34), Note
@@ -62327,13 +57861,25 @@
[^c23828791]: [Sch. 27 para. 1(1)(d)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/1/1/d) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(2)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/2)
[^c23828871]: Words in [Sch. 27 para. 1(1)(d)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/1/1/d/ii) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/2/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828891]: Words in [Sch. 27 para. 1(1)(d)(ii)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/1/1/d/ii/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828911]: Words in [Sch. 27 para. 1(1)(d)(ii)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/1/1/d/ii/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828351]: Words in [Sch. 27 para. 3(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/3/1) substituted (with effect in accordance with [s. 145(2)](https://www.legislation.gov.uk/ukpga/2004/12/section/145/2) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 26 para. 8(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/8/2) (with [Sch. 26 para. 17](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/17))
[^c23828811]: [Sch. 27 para. 3(1)(a)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/3/1/a/aa) substituted for para. 3(1)(a) (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(3)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/3)
[^c23828831]: Words in [Sch. 27 para. 3(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/3/1/b) substituted (20.7.2005) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [s. 23(4)](https://www.legislation.gov.uk/ukpga/2005/22/section/23/4)
[^c21639641]: 1988(F) s.146*and* Sch.13 para.12 (*deemed always to have had effect*).
[^c23828951]: Words in [Sch. 27 para. 3(1)(aa)(i)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/3/1/aa/i) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828971]: Words in [Sch. 27 para. 3(1)(aa)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/3/1/aa/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828931]: [Sch. 27 para. 3](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/3) cross-heading substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828991]: Words in [Sch. 27 para. 4(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/4/3/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21639651]: [Sch. 27 para. 5(2A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/5/2A) inserted (27.7.1993) by [Finance Act 1993 (c. 34)](https://www.legislation.gov.uk/ukpga/1993/34), [s. 170](https://www.legislation.gov.uk/ukpga/1993/34/section/170), [Sch. 18 para.6](https://www.legislation.gov.uk/ukpga/1993/34/schedule/18/paragraph/6)
@@ -62353,6 +57899,14 @@
[^c23828751]: Words in [Sch. 27 para. 5(5)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/5/5) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 350(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/350/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23829011]: Words in [Sch. 27 para. 5(3)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/5/3/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(6)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/6/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23829031]: Words in [Sch. 27 para. 5(3)(d)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/5/3/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(6)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/6/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23829051]: Words in [Sch. 27 para. 5(3)(e)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/5/3/e) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(6)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/6/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23829071]: Words in [Sch. 27 para. 5(5)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/5/5) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 289(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/289/7) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23828451]: Words in [Sch. 27 para. 6(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/6/1/b) substituted (with effect in accordance with [s. 145(2)](https://www.legislation.gov.uk/ukpga/2004/12/section/145/2) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 26 para. 14(2)(a)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/14/2/a) (with [Sch. 26 para. 17](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/17))
[^c23828471]: Words in [Sch. 27 para. 6(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/6/1) substituted (with effect in accordance with [s. 145(2)](https://www.legislation.gov.uk/ukpga/2004/12/section/145/2) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 26 para. 14(2)(b)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/14/2/b) (with [Sch. 26 para. 17](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/17))
@@ -62385,6 +57939,20 @@
[^c23828671]: Words in [Sch. 27 para. 16(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/16/1) repealed (with effect in accordance with s. 145(2) of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 26 para. 14(8)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/26/paragraph/14/8), [Sch. 42 Pt. 2(18)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/18), Note 1 (with Sch. 26 para. 17)
[^c23829091]: Words in [Sch. 27 para. 16(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/16/1) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/2)
[^c23829111]: Word in [Sch. 27 para. 16(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/16/2) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/3)
[^c23829131]: Words in [Sch. 27 para. 19(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/19/1) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(4)(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/4/a)
[^c23829151]: [Sch. 27 para. 19(1A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/19/1A) substituted for words in para. 19(1) (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(4)(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/4/b)
[^c23829171]: Word in [Sch. 27 para. 19(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/19/2) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(4)(c)(i)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/4/c/i)
[^c23829191]: Words in [Sch. 27 para. 19(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/19/2) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(4)(c)(ii)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/4/c/ii)
[^c23829211]: Word in [Sch. 27 para. 20(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/27/paragraph/20/a) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 161(5)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/161/5)
[^c21639671]: Source—[1984 Sch.20.]
[^c21639681]: Words in [Sch. 28 para. 2](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28/paragraph/2) substituted (6.3.1992 with effect as mentioned in [s. 289(1)(2)](https://www.legislation.gov.uk/ukpga/1992/12/section/289/1/2) of the amending Act) by [Taxation of Chargeable Gains Act 1992 (c. 12)](https://www.legislation.gov.uk/ukpga/1992/12), [ss. 289](https://www.legislation.gov.uk/ukpga/1992/12/section/289), [290](https://www.legislation.gov.uk/ukpga/1992/12/section/290), [Sch. 10 para. 14(63)(a)](https://www.legislation.gov.uk/ukpga/1992/12/schedule/10/paragraph/14/63/a) (with [ss. 60](https://www.legislation.gov.uk/ukpga/1992/12/section/60), [101(1)](https://www.legislation.gov.uk/ukpga/1992/12/section/101/1), [171](https://www.legislation.gov.uk/ukpga/1992/12/section/171), [201(3)](https://www.legislation.gov.uk/ukpga/1992/12/section/201/3))
@@ -62449,22 +58017,6 @@
[^c23836051]: [Sch. 29 para. 32](https://www.legislation.gov.uk/ukpga/1988/1/schedule/29/paragraph/32) Table: entries relating to ss. 12(2), 151, 152 of the [Inheritance Tax Act 1984 (c. 51)](https://www.legislation.gov.uk/ukpga/1984/51) repealed (6.4.2006) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 42 Pt. 3](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/3), Note (with Sch. 36)
[^c21799391]: Word "or" repealed by 1991 s. 123 and Sch. 19 Part V in relation to losses incurred in accounting periods ending on or after 1 April 1991.
[^c21818061]: 1991 s.73(3)-(5) and Sch. 15 para. 27(1) in relation to losses incurred in accounting periods ending on or after 1 April 1991 - deemed always to have had effect.
[^c21818071]: Word "or" repealed by 1991 s. 123 and Sch. 19 Part V in relation to losses incurred in accounting periods ending on or after 1 April 1991.
[^c21818081]: 1991 s. 73(3)-(5) and Sch. 15 para. 27(1) in relation to losses incurred in accounting periods ending on or after 1 April 1991 - deemed always to have had effect.
[^c23836211]: [Sch. 30 para. 5(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/5/6/b) and preceding word repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 352(2)(a)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/352/2/a), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23836241]: Words in [Sch. 30 para. 5(8)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/5/8) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 352(2)(b)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/352/2/b), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23836261]: Words in [Sch. 30 para. 5(11)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/5/11) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 352(2)(c)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/352/2/c), [Sch. 3](https://www.legislation.gov.uk/ukpga/2005/5/schedule/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23836191]: [Sch. 30 para. 5(13)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/30/paragraph/5/13) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 352(2)(d)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/352/2/d) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c21638221]: [Sch. 19AB](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19AB) inserted (25.7.1991 with effect as mentioned in s. 49(3) in relation to accounting periods beginning on or after 2.10.1992) by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 49](https://www.legislation.gov.uk/ukpga/1991/31/section/49), [Sch. 8](https://www.legislation.gov.uk/ukpga/1991/31/schedule/8); [S.I. 1992/1746](https://www.legislation.gov.uk/uksi/1992/1746), [art.2](https://www.legislation.gov.uk/uksi/1992/1746/article/2)
[^c21638241]: [Sch. 19AB](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19AB) inserted (25.7.1991 with effect as mentioned in s. 49(3) in relation to accounting periods beginning on or after 2.10.1992) by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 49](https://www.legislation.gov.uk/ukpga/1991/31/section/49), [Sch. 8](https://www.legislation.gov.uk/ukpga/1991/31/schedule/8); [S.I. 1992/1746](https://www.legislation.gov.uk/uksi/1992/1746), [art. 2](https://www.legislation.gov.uk/uksi/1992/1746/article/2)
@@ -62693,6 +58245,10 @@
[^c23825951]: Words in [Sch. 23A para. 4(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/4/4/b) inserted (3.1.2008 with effect in accordance with art. 1(2) of the amending S.I.) by [The Income Tax Act 2007 (Amendment) (No. 3) Order 2007 (S.I. 2007/3506)](https://www.legislation.gov.uk/uksi/2007/3506), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2007/3506/article/1/1), [2(3)(b)](https://www.legislation.gov.uk/uksi/2007/3506/article/2/3/b)
[^c23825981]: Words in [Sch. 23A para. 4(1A)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/4/1A/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23826001]: Words in [Sch. 23A para. 4(9)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/4/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21639371]: [Sch. 23A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 58](https://www.legislation.gov.uk/ukpga/1991/31/section/58), [Sch. 13 para.1](https://www.legislation.gov.uk/ukpga/1991/31/schedule/13/paragraph/1) (with effect as mentioned in s. 58(3) in relation to payments made on or after such day as may be specified: 26.2.1992 specified for certain purposes by [S.I. 1992/173](https://www.legislation.gov.uk/uksi/1992/173), [reg.2](https://www.legislation.gov.uk/uksi/1992/173/regulation/2); 30.6.1992 specified for certain purposes by [S.I. 1992/1346](https://www.legislation.gov.uk/uksi/1992/1346), [regs.2](https://www.legislation.gov.uk/uksi/1992/1346/regulation/2), [3](https://www.legislation.gov.uk/uksi/1992/1346/regulation/3), [4](https://www.legislation.gov.uk/uksi/1992/1346/regulation/4); 21.4.1993 specified for certain purposes by [S.I. 1993/933](https://www.legislation.gov.uk/uksi/1993/933), [regs. 2](https://www.legislation.gov.uk/uksi/1993/933/regulation/2), [3(b)](https://www.legislation.gov.uk/uksi/1993/933/regulation/3/b),4)
[^c21639381]: [Sch. 23A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 58](https://www.legislation.gov.uk/ukpga/1991/31/section/58), [Sch. 13 para. 1](https://www.legislation.gov.uk/ukpga/1991/31/schedule/13/paragraph/1) (with effect as mentioned in [s. 58(3)](https://www.legislation.gov.uk/ukpga/1991/31/section/58/3) in relation to payments made on or after such day as may be specified: [26](https://www.legislation.gov.uk/ukpga/1991/31/section/26).[2](https://www.legislation.gov.uk/ukpga/1991/31/section/2).[1992](https://www.legislation.gov.uk/ukpga/1991/31/section/1992) specified for certain purposes by [S.I. 1992/173](https://www.legislation.gov.uk/uksi/1992/173), [reg.2](https://www.legislation.gov.uk/uksi/1992/173/regulation/2); [30](https://www.legislation.gov.uk/ukpga/1988/1/regulation/30).[6](https://www.legislation.gov.uk/ukpga/1988/1/regulation/6).[1992](https://www.legislation.gov.uk/ukpga/1988/1/regulation/1992) specified for certain purposes by [S.I. 1992/1346](https://www.legislation.gov.uk/uksi/1992/1346), [regs.2](https://www.legislation.gov.uk/uksi/1992/1346/regulation/2), [3](https://www.legislation.gov.uk/uksi/1992/1346/regulation/3), [4](https://www.legislation.gov.uk/uksi/1992/1346/regulation/4); [21](https://www.legislation.gov.uk/ukpga/1988/1/regulation/21).[4](https://www.legislation.gov.uk/ukpga/1988/1/regulation/4).[1993](https://www.legislation.gov.uk/ukpga/1988/1/regulation/1993) specified for certain purposes by [S.I. 1993/933](https://www.legislation.gov.uk/uksi/1993/933), [regs.2](https://www.legislation.gov.uk/uksi/1993/933/regulation/2), [3(b)](https://www.legislation.gov.uk/uksi/1993/933/regulation/3/b), [4](https://www.legislation.gov.uk/uksi/1993/933/regulation/4))
@@ -62749,6 +58305,8 @@
[^c23825601]: Words in [Sch. 23A para. 7(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7/4/b) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by [Income Tax Act 2007 (c. 3)](https://www.legislation.gov.uk/ukpga/2007/3), [Sch. 1 para. 238(6)(d)](https://www.legislation.gov.uk/ukpga/2007/3/schedule/1/paragraph/238/6/d), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2007/3/schedule/3/part/1) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2007/3/schedule/2))
[^c23826031]: Words in [Sch. 23A para. 7(1A)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7/1A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21639431]: [Sch. 23A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 58](https://www.legislation.gov.uk/ukpga/1991/31/section/58), [Sch. 13 para.1](https://www.legislation.gov.uk/ukpga/1991/31/schedule/13/paragraph/1) (with effect as mentioned in [s. 58(3)](https://www.legislation.gov.uk/ukpga/1991/31/section/58/3) in relation to payments made on or after such day as may be specified: [26](https://www.legislation.gov.uk/ukpga/1991/31/section/26).[2](https://www.legislation.gov.uk/ukpga/1991/31/section/2).[1992](https://www.legislation.gov.uk/ukpga/1991/31/section/1992) specified for certain purposes by [S.I. 1992/173](https://www.legislation.gov.uk/uksi/1992/173), [reg.2](https://www.legislation.gov.uk/uksi/1992/173/regulation/2); [30](https://www.legislation.gov.uk/ukpga/1988/1/regulation/30).[6](https://www.legislation.gov.uk/ukpga/1988/1/regulation/6).[1992](https://www.legislation.gov.uk/ukpga/1988/1/regulation/1992) specified for certain purposes by [S.I. 1992/1346](https://www.legislation.gov.uk/uksi/1992/1346), [regs.2](https://www.legislation.gov.uk/uksi/1992/1346/regulation/2), [3](https://www.legislation.gov.uk/uksi/1992/1346/regulation/3), [4](https://www.legislation.gov.uk/uksi/1992/1346/regulation/4); [21](https://www.legislation.gov.uk/ukpga/1988/1/regulation/21).[4](https://www.legislation.gov.uk/ukpga/1988/1/regulation/4).[1993](https://www.legislation.gov.uk/ukpga/1988/1/regulation/1993) specified for certain purposes by [S.I. 1993/933](https://www.legislation.gov.uk/uksi/1993/933), [regs.2](https://www.legislation.gov.uk/uksi/1993/933/regulation/2), [3(b)](https://www.legislation.gov.uk/uksi/1993/933/regulation/3/b), [4](https://www.legislation.gov.uk/uksi/1993/933/regulation/4))
[^c21639441]: [Sch. 23A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A) inserted by [Finance Act 1991 (c. 31, SIF 63:1)](https://www.legislation.gov.uk/ukpga/1991/31), [s. 58](https://www.legislation.gov.uk/ukpga/1991/31/section/58), [Sch. 13 para. 1](https://www.legislation.gov.uk/ukpga/1991/31/schedule/13/paragraph/1) (with effect as mentioned in [s. 58(3)](https://www.legislation.gov.uk/ukpga/1991/31/section/58/3) in relation to payments made on or after such day as may be specified: [26](https://www.legislation.gov.uk/ukpga/1991/31/section/26).[2](https://www.legislation.gov.uk/ukpga/1991/31/section/2).[1992](https://www.legislation.gov.uk/ukpga/1991/31/section/1992) specified for certain purposes by [S.I. 1992/173](https://www.legislation.gov.uk/uksi/1992/173), [reg.2](https://www.legislation.gov.uk/uksi/1992/173/regulation/2); [30](https://www.legislation.gov.uk/ukpga/1988/1/regulation/30).[6](https://www.legislation.gov.uk/ukpga/1988/1/regulation/6).[1992](https://www.legislation.gov.uk/ukpga/1988/1/regulation/1992) specified for certain purposes by [S.I. 1992/1346](https://www.legislation.gov.uk/uksi/1992/1346), [regs.2](https://www.legislation.gov.uk/uksi/1992/1346/regulation/2), [3](https://www.legislation.gov.uk/uksi/1992/1346/regulation/3), [4](https://www.legislation.gov.uk/uksi/1992/1346/regulation/4); [21](https://www.legislation.gov.uk/ukpga/1988/1/regulation/21).[4](https://www.legislation.gov.uk/ukpga/1988/1/regulation/4).[1993](https://www.legislation.gov.uk/ukpga/1988/1/regulation/1993) specified for certain purposes by [S.I. 1993/933](https://www.legislation.gov.uk/uksi/1993/933), [regs.2](https://www.legislation.gov.uk/uksi/1993/933/regulation/2), [3(b)](https://www.legislation.gov.uk/uksi/1993/933/regulation/3/b), [4](https://www.legislation.gov.uk/uksi/1993/933/regulation/4))
@@ -62801,6 +58359,14 @@
[^c23825911]: [Sch. 23A para. 7A(10)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7A/10): in definition of "manufactured payment", para. (d) inserted (with effect in accordance with [Sch. 5 para. 9(2)-(4)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/9/2) of the amending Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 5 para. 9(1)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/5/paragraph/9/1)
[^c23826061]: Words in [Sch. 23A para. 7A(8)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7A/8/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(4)(a)(i)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/4/a/i) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23826081]: Words in [Sch. 23A para. 7A(8)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7A/8/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(4)(a)(ii)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/4/a/ii) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23826101]: Words in [Sch. 23A para. 7A(8)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7A/8) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(4)(a)(iii)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/4/a/iii) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23826121]: [Sch. 23A para. 7A(10)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/23A/paragraph/7A/10): in definition of "relevant tax relief", words in para. (c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 285(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/285/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c21633191]: [Sch. 6A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/6A) inserted (27.7.1993 with effect for the year 1993-94 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 73](https://www.legislation.gov.uk/ukpga/1993/34/section/73), [Sch. 4 paras.7](https://www.legislation.gov.uk/ukpga/1993/34/schedule/4/paragraph/7), [8](https://www.legislation.gov.uk/ukpga/1993/34/schedule/4/paragraph/8)
[^c21633201]: [Sch. 6A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/6A) inserted (27.7.1993 with effect for the year 1993-94 and subsequent years of assessment) by [1993 c. 34](https://www.legislation.gov.uk/ukpga/1993/34), [s. 73](https://www.legislation.gov.uk/ukpga/1993/34/section/73), [Sch. 4 paras.7](https://www.legislation.gov.uk/ukpga/1993/34/schedule/4/paragraph/7), [8](https://www.legislation.gov.uk/ukpga/1993/34/schedule/4/paragraph/8)
@@ -63189,15 +58755,35 @@
[^c23317221]: Words in [Sch. 28A para. 6(d)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/d) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 67(1)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/67/1)
[^c23317861]: Words in [Sch. 28A para. 6(dc)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/dc) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 58(2)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/58/2)
[^c23317831]: [Sch. 28A para. 6(de)(df)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/de/df) inserted (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 30 para. 4(4)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/30/paragraph/4/4)
[^c23830791]: Words in [Sch. 28A para. 6(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/a) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 39(2)
[^c23830811]: Words in [Sch. 28A para. 6(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/c) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 39(3)
[^c23830831]: Words in [Sch. 28A para. 6(d)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/d) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 39(4)
[^c23832151]: Words in [Sch. 28A para. 6(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(a)(i)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/a/i) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832171]: Words in [Sch. 28A para. 6(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(a)(ii)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/a/ii) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832191]: Words in [Sch. 28A para. 6(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832211]: Words in [Sch. 28A para. 6(d)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832231]: Words in [Sch. 28A para. 6(da)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/da) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832251]: Words in [Sch. 28A para. 6(db)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/db) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/e) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832271]: Words in [Sch. 28A para. 6(dc)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/dc) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(f)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/f) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832931]: [Sch. 28A para. 6(dd)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/dd) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(g)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/g), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832311]: Words in [Sch. 28A para. 6(de)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/de) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(h)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/h) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832291]: Words in [Sch. 28A para. 6(df)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6/df) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(2)(i)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/2/i) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832331]: Words in [Sch. 28A para. 6A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(3)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/3/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832351]: [Sch. 28A para. 6A(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6A/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(3)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/3/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832371]: Words in [Sch. 28A para. 6A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/6A) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(3)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/3/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23316701]: Words in [Sch. 28A para. 7(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/7/1/b) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 54(3)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/54/3/a) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
@@ -63225,6 +58811,14 @@
[^c23831031]: Words in [Sch. 28A para. 7(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/7/1/b) inserted (with effect in accordance with [Sch. 7 para. 3(9)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/9) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 7 para. 3(4)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/4)
[^c23832391]: Words in [Sch. 28A para. 7(1)(d)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/7/1/d/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(4)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/4/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832411]: Words in [Sch. 28A para. 7(1)(d)(iii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/7/1/d/iii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(4)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/4/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832431]: Words in [Sch. 28A para. 7(1)(d)(iv)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/7/1/d/iv) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(4)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/4/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832451]: Words in [Sch. 28A para. 7(1)(e)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/7/1/e/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(4)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/4/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23316801]: [Sch. 28A para. 13(1)(ea)-(ed)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ea) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 54(5)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/54/5) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c23317121]: Words in [Sch. 28A para. 13(1)(ea)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ea) inserted (retrospectively) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 82(3)(f)(4)](https://www.legislation.gov.uk/ukpga/1998/36/section/82/3/f/4)
@@ -63235,8 +58829,6 @@
[^c23317261]: Words in [Sch. 28A para. 13(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/e) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 67(2)](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/67/2)
[^c23318511]: Words in [Sch. 28A para. 13(1)(ec)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ec) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 58(7)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/58/7)
[^c23317951]: [Sch. 28A para. 13(1)(ee)(ef)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ee/ef) inserted (24.7.2002) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 30 para. 4(6)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/30/paragraph/4/6)
[^c23830911]: Words in [Sch. 28A para. 13(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 39(8)(a)
@@ -63245,6 +58837,18 @@
[^c23830951]: Words in [Sch. 28A para. 13(1)(e)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/e) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 39(8)(c)
[^c23832671]: Words in [Sch. 28A para. 13(1)(ea)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ea) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(9)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/9/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832691]: Words in [Sch. 28A para. 13(1)(eb)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/eb) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(9)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/9/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832711]: Words in [Sch. 28A para. 13(1)(ec)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ec) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(9)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/9/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832891]: [Sch. 28A para. 13(1)(ed)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ed) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(9)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/9/d), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832731]: Words in [Sch. 28A para. 13(1)(ee)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ee) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(9)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/9/e) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832751]: Words in [Sch. 28A para. 13(1)(ef)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/13/1/ef) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(9)(f)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/9/f) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23316881]: Words in [Sch. 28A para. 16(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/b) inserted (with effect in accordance with [s. 105(1)](https://www.legislation.gov.uk/ukpga/1996/8/section/105/1) of the amending Act) by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 14 para. 54(7)(a)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/14/paragraph/54/7/a) (with [Sch. 15](https://www.legislation.gov.uk/ukpga/1996/8/schedule/15))
[^c23317201]: Words in [Sch. 28A para. 16(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/b) substituted (retrospectively) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 82(3)(i)(4)](https://www.legislation.gov.uk/ukpga/1998/36/section/82/3/i/4)
@@ -63271,9 +58875,25 @@
[^c23831091]: Words in [Sch. 28A para. 16(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/b) inserted (with effect in accordance with [Sch. 7 para. 3(9)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/9) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 7 para. 3(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/7)
[^c23832771]: Words in [Sch. 28A para. 16(1)(d)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/d/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(10)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/10/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832791]: Words in [Sch. 28A para. 16(1)(d)(iii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/d/iii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(10)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/10/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832811]: Words in [Sch. 28A para. 16(1)(d)(iv)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/d/iv) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(10)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/10/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832831]: Words in [Sch. 28A para. 16(1)(e)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/e/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(10)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/10/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832911]: [Sch. 28A para. 16(1)(f)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/16/1/f) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(10)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/10/e), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23830781]: [Sch. 28A](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A) modified (22.7.2004) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 43(7)](https://www.legislation.gov.uk/ukpga/2004/12/section/43/7)
[^c23317101]: [Sch. 28A para. 11(2)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/2/a) repealed (retrospectively) by [Finance Act 1998 (c. 36)](https://www.legislation.gov.uk/ukpga/1998/36), [s. 82(3)(e)(4)](https://www.legislation.gov.uk/ukpga/1998/36/section/82/3/e/4), [Sch. 27 Pt. 3(17)](https://www.legislation.gov.uk/ukpga/1998/36/schedule/27/part/3/17), Note
[^c23832471]: Words in [Sch. 28A para. 9(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/9/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/5/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832491]: Words in [Sch. 28A para. 9(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/9/2/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832511]: Words in [Sch. 28A para. 10(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/10/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(6)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/6/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832531]: Words in [Sch. 28A para. 10(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/10/3/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(6)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/6/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23318601]: Words in [Sch. 28A para. 11(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/1/c) substituted (with effect in accordance with [s. 82(2)](https://www.legislation.gov.uk/ukpga/2002/23/section/82/2) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 25 para. 58(6)(b)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/25/paragraph/58/6/b)
@@ -63281,6 +58901,22 @@
[^c23830891]: [Sch. 28A para. 11(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/1/b) substituted for para. 11(1)(b)(bb) (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 39(7)
[^c23832551]: Words in [Sch. 28A para. 11(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/1/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832571]: Words in [Sch. 28A para. 11(1)(b)(i)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/1/b/i) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832591]: Words in [Sch. 28A para. 11(1)(b)(ii)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/1/b/ii) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(c)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/c) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832611]: Words in [Sch. 28A para. 11(1)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/1/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(d)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/d) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832851]: [Sch. 28A para. 11(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/2) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(e)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/e), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832871]: Words in [Sch. 28A para. 11(3)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/3/a) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(f)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/f), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832631]: Words in [Sch. 28A para. 11(3)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/11/3/c) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(7)(g)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/7/g) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23832651]: Words in [Sch. 28A para. 12](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/paragraph/12) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 290(8)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/290/8) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23831111]: [Sch. 28A Pt. 4](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28A/part/4) title substituted (with effect in accordance with [Sch. 7 para. 3(9)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/9) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 7 para. 3(8)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/7/paragraph/3/8)
[^c22807531]: [Sch. 28B para. 3(2)(aa)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28B/paragraph/3/2/aa) and preceding word substituted for para. 2(2)(b)(c) (with effect in accordance with [Sch. 9 para. 6](https://www.legislation.gov.uk/ukpga/1997/16/schedule/9/paragraph/6) of the amending Act) by [Finance Act 1997 (c. 16)](https://www.legislation.gov.uk/ukpga/1997/16), [Sch. 9 para. 2(1)](https://www.legislation.gov.uk/ukpga/1997/16/schedule/9/paragraph/2/1)
@@ -63521,6 +59157,10 @@
[^c23833991]: Words in [Sch. 28AA para. 1(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/1/2) inserted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 31(2)](https://www.legislation.gov.uk/ukpga/2004/12/section/31/2)
[^c23834601]: Words in [Sch. 28AA para. 1(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/1/2) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23834621]: Words in [Sch. 28AA para. 2(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/2/1) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23834871]: [Sch. 28AA para. 3](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/3) applied (with effect in accordance with Sch. 17 para. 13 of the affecting Act) by [Finance Act 2009 (c. 10)](https://www.legislation.gov.uk/ukpga/2009/10), [Sch. 17 para. 12(5)](https://www.legislation.gov.uk/ukpga/2009/10/schedule/17/paragraph/12/5)
[^c23834201]: Words in [Sch. 28AA para. 4(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/4/2) substituted (with effect in accordance with [Sch. 8 para. 4](https://www.legislation.gov.uk/ukpga/2005/22/schedule/8/paragraph/4) of the amending Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 8 para. 1(2)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/8/paragraph/1/2)
@@ -63567,18 +59207,12 @@
[^c23316451]: [Sch. 28AA paras. 6](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6), [7](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/7) modified (27.7.1999) by [Finance Act 1999 (c. 16)](https://www.legislation.gov.uk/ukpga/1999/16), [s. 87(1)-(3)](https://www.legislation.gov.uk/ukpga/1999/16/section/87/1) (with [s. 87(4)](https://www.legislation.gov.uk/ukpga/1999/16/section/87/4))
[^c23316521]: Words in [Sch. 28AA para. 8(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/1) substituted (with effect in accordance with [s. 79(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/79/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 23 para. 21(2)(a)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/21/2/a) (with [s. 81(4)(5)](https://www.legislation.gov.uk/ukpga/2002/23/section/81/4/5), [Sch. 23 para. 25](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/25))
[^c23316581]: Words in [Sch. 28AA para. 8(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/1) inserted (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 27 para. 15(2)(a)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/15/2/a) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c23316541]: [Sch. 28AA para. 8(1)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/1/a) substituted (with effect in accordance with [s. 79(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/79/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 23 para. 21(2)(b)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/21/2/b) (with [s. 81(4)(5)](https://www.legislation.gov.uk/ukpga/2002/23/section/81/4/5), [Sch. 23 para. 25](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/25))
[^c23316601]: [Sch. 28AA para. 8(1)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/1/b) substituted (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 27 para. 15(2)(b)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/15/2/b) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c23316561]: [Sch. 28AA para. 8(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/3) substituted for para. 8(2) (with effect in accordance with [s. 79(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/79/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 23 para. 21(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/21/3) (with [s. 81(4)(5)](https://www.legislation.gov.uk/ukpga/2002/23/section/81/4/5), [Sch. 23 para. 25](https://www.legislation.gov.uk/ukpga/2002/23/schedule/23/paragraph/25))
[^c23316621]: [Sch. 28AA para. 8(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/4) inserted (with effect in accordance with [s. 83(3)](https://www.legislation.gov.uk/ukpga/2002/23/section/83/3) of the amending Act) by [Finance Act 2002 (c. 23)](https://www.legislation.gov.uk/ukpga/2002/23), [Sch. 27 para. 15(3)](https://www.legislation.gov.uk/ukpga/2002/23/schedule/27/paragraph/15/3) (with [Sch. 28](https://www.legislation.gov.uk/ukpga/2002/23/schedule/28))
[^c23834771]: [Sch. 28AA para. 8(1)(3)(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/8/1/3/4) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(7)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/7), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23833971]: Words in [Sch. 28AA para. 11(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/11/1) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 351(4)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/351/4) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23834121]: [Sch. 28AA para. 11(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/11/2) repealed (with effect in accordance with s. 37 of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 42 Pt. 2(1)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/1), Note
@@ -63591,7 +59225,15 @@
[^c23834161]: Words in [Sch. 28AA para. 11(4)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/11/4) repealed (with effect in accordance with s. 37 of the repealing Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 42 Pt. 2(1)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/42/part/2/1), Note
[^c23834171]: Words in [Sch. 28AA para. 12(3)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/12/3/b) substituted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 30(8)](https://www.legislation.gov.uk/ukpga/2004/12/section/30/8)
[^c23834501]: [Sch. 28AA para. 12(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/12/1) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 162(2)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/162/2)
[^c23834581]: [Sch. 28AA para. 12(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/12/3) omitted (1.4.2009) by virtue of [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 162(3)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/162/3)
[^c23834521]: Words in [Sch. 28AA para. 12(4)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/12/4/a) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 162(4)(a)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/162/4/a)
[^c23834541]: Word in [Sch. 28AA para. 12(4)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/12/4/b) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 162(4)(b)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/162/4/b)
[^c23834561]: Words in [Sch. 28AA para. 12(4)(c)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/12/4/c) substituted (1.4.2009) by [The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56)](https://www.legislation.gov.uk/uksi/2009/56), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/56/article/1/2), [Sch. 1 para. 162(4)(c)](https://www.legislation.gov.uk/uksi/2009/56/schedule/1/paragraph/162/4/c)
[^c23316641]: Words in [Sch. 28AA para. 13(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/13/a) substituted (with effect in accordance with [s. 579](https://www.legislation.gov.uk/ukpga/2001/2/section/579) of the amending Act) by [Capital Allowances Act 2001 (c. 2)](https://www.legislation.gov.uk/ukpga/2001/2), [Sch. 2 para. 68](https://www.legislation.gov.uk/ukpga/2001/2/schedule/2/paragraph/68)
@@ -63599,10 +59241,6 @@
[^c23834191]: [Sch. 28AA para. 13(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/13/2) added (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 32(4)](https://www.legislation.gov.uk/ukpga/2004/12/section/32/4)
[^c22747221]: [1996 c. 8](https://www.legislation.gov.uk/ukpga/1996/8).
[^c23833861]: [Sch. 28AA para. 14(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/14/1): words in definition of "losses" substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 ([S.I. 2004/2310](https://www.legislation.gov.uk/uksi/2004/2310)), art. 2, Sch. para. 40(2)
[^c23833881]: [Sch. 28AA para. 14(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/14/1): definition of "medium-sized enterprise" inserted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 31(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/31/5)
[^c23833891]: [Sch. 28AA para. 14(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/14/1): definition of "non-qualifying territory" inserted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [s. 31(5)](https://www.legislation.gov.uk/ukpga/2004/12/section/31/5)
@@ -63615,6 +59253,10 @@
[^c23834421]: [Sch. 28AA para. 14(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/14/1): definition of "insurance company" repealed (with effect in accordance with Sch. 10 para. 17(2) of the repealing Act) by [Finance Act 2007 (c. 11)](https://www.legislation.gov.uk/ukpga/2007/11), [Sch. 10 para. 14(2)(f)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/10/paragraph/14/2/f), [Sch. 27 Pt. 2(10)](https://www.legislation.gov.uk/ukpga/2007/11/schedule/27/part/2/10), Note
[^c23834711]: [Sch. 28AA para. 14(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/14/1): words in definition of "losses" substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(8)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/8/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23834731]: [Sch. 28AA para. 14(1)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/14/1): in definition of "losses", para. (d) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(8)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/8/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23833701]: [Sch. 28AA](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA) excluded by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 9 para. 12(2ZA)](https://www.legislation.gov.uk/ukpga/1996/8/schedule/9/paragraph/12/2ZA) (as inserted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 5 para. 7(2)](https://www.legislation.gov.uk/ukpga/2004/12/schedule/5/paragraph/7/2))
[^c23833711]: [Sch. 28AA](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA) modified by [Finance Act 1996 (c. 8)](https://www.legislation.gov.uk/ukpga/1996/8), [Sch. 9 para. 16](https://www.legislation.gov.uk/ukpga/1996/8/schedule/9/paragraph/16) (as inserted (with effect in accordance with [s. 37](https://www.legislation.gov.uk/ukpga/2004/12/section/37) of the amending Act) by [Finance Act 2004 (c. 12)](https://www.legislation.gov.uk/ukpga/2004/12), [Sch. 5 para. 8](https://www.legislation.gov.uk/ukpga/2004/12/schedule/5/paragraph/8))
@@ -63635,12 +59277,18 @@
[^c23834491]: [Sch. 28AA paras. 5B](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/5B), [5C](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/5C) excluded by [The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964)](https://www.legislation.gov.uk/uksi/2006/964), [reg. 69X(6)](https://www.legislation.gov.uk/uksi/2006/964/regulation/69X/6) (as inserted (6.4.2008) by [The Authorised Investment Funds (Tax) (Amendment) Regulations 2008 (S.I. 2008/705)](https://www.legislation.gov.uk/uksi/2008/705), [regs. 1](https://www.legislation.gov.uk/uksi/2008/705/regulation/1), [5](https://www.legislation.gov.uk/uksi/2008/705/regulation/5))
[^c23833931]: Words in [Sch. 28AA para. 6A(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6A/3) substituted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 351(2)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/351/2) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23834641]: Words in [Sch. 28AA para. 6A(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6A/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23833951]: Words in [Sch. 28AA para. 6E](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6E) inserted (6.4.2005 with effect in accordance with [s. 883(1)](https://www.legislation.gov.uk/ukpga/2005/5/section/883/1) of the amending Act) by [Income Tax (Trading and Other Income) Act 2005 (c. 5)](https://www.legislation.gov.uk/ukpga/2005/5), [Sch. 1 para. 351(3)](https://www.legislation.gov.uk/ukpga/2005/5/schedule/1/paragraph/351/3) (with [Sch. 2](https://www.legislation.gov.uk/ukpga/2005/5/schedule/2))
[^c23834441]: Words in [Sch. 28AA para. 6E](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6E) inserted (3.1.2008 with effect in accordance with art. 1(2) of the amending S.I.) by [The Income Tax Act 2007 (Amendment) (No. 3) Order 2007 (S.I. 2007/3506)](https://www.legislation.gov.uk/uksi/2007/3506), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2007/3506/article/1/1), [2(4)](https://www.legislation.gov.uk/uksi/2007/3506/article/2/4)
[^c23834751]: Words in [Sch. 28AA para. 6E](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6E) repealed (1.4.2009 with effect in accordance with s. 1329(1) of the repealing Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(5)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/5/a), [Sch. 3 Pt. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/3/part/1) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23834661]: Words in [Sch. 28AA para. 6E](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6E) inserted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(5)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/5/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23834691]: Word in [Sch. 28AA para. 6E](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/6E) cross-heading substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 291(6)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/291/6) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23834281]: Words in [Sch. 28AA para. 7A(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/7A/2/b) repealed (with effect in accordance with s. 38 of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
[^c23834301]: Words in [Sch. 28AA para. 7C(2)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/28AA/paragraph/7C/2/b) repealed (with effect in accordance with s. 38 of the repealing Act) by [Finance (No. 2) Act 2005 (c. 22)](https://www.legislation.gov.uk/ukpga/2005/22), [Sch. 11 Pt. 2(7)](https://www.legislation.gov.uk/ukpga/2005/22/schedule/11/part/2/7), Note
@@ -63689,8 +59337,16 @@
[^c23822131]: [Sch. 18A Pt. 2](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18A/part/2) modified (28.10.2008 with effect in accordance with reg. 1(2) of the modifying S.I.) by [The Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2008 (S.I. 2008/2646)](https://www.legislation.gov.uk/uksi/2008/2646), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2008/2646/regulation/1/1), [2](https://www.legislation.gov.uk/uksi/2008/2646/regulation/2)
[^c23822141]: Words in [Sch. 18A para. 13(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/18A/paragraph/13/3) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 281](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/281) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23823761]: Words in [Sch. 19C para. 1(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19C/paragraph/1/6/b) inserted (with effect in accordance with [s. 111(3)](https://www.legislation.gov.uk/ukpga/2008/9/section/111/3) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 35 para. 9(2)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/35/paragraph/9/2)
[^c23823841]: Words in [Sch. 19C para. 6(6)(a)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19C/paragraph/6/6/a) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 284(2)(a)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/284/2/a) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23823861]: Words in [Sch. 19C para. 6(6)(b)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19C/paragraph/6/6/b) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 284(2)(b)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/284/2/b) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23823881]: Words in [Sch. 19C para. 6(9)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19C/paragraph/6/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 284(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/284/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23823801]: Words in [Sch. 19C para. 17(2)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19C/paragraph/17/2) substituted (with effect in accordance with [s. 111(3)](https://www.legislation.gov.uk/ukpga/2008/9/section/111/3) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 35 para. 9(3)(a)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/35/paragraph/9/3/a)
[^c23823821]: Words in [Sch. 19C para. 17(3)](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19C/paragraph/17/3) substituted (with effect in accordance with [s. 111(3)](https://www.legislation.gov.uk/ukpga/2008/9/section/111/3) of the amending Act) by [Finance Act 2008 (c. 9)](https://www.legislation.gov.uk/ukpga/2008/9), [Sch. 35 para. 9(3)(b)](https://www.legislation.gov.uk/ukpga/2008/9/schedule/35/paragraph/9/3/b)
@@ -63701,581 +59357,589 @@
[^c23822591]: [Sch. 19ABA para. 8](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19ABA/paragraph/8) substituted (12.8.2008 with effect in accordance with art. 1(2)-(4) of the amending S.I.) by [The Insurance Companies (Taxation of Insurance Special Purpose Vehicles) Order 2008 (S.I. 2008/1923)](https://www.legislation.gov.uk/uksi/2008/1923), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2008/1923/article/1/1), [3(2)](https://www.legislation.gov.uk/uksi/2008/1923/article/3/2)
[^c23822711]: Words in [Sch. 19ABA para. 9](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19ABA/paragraph/9) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 282(2)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/282/2) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23822781]: Words in [Sch. 19ABA para. 9](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19ABA/paragraph/9) cross-heading substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 282(3)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/282/3) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23380011]: [1989 c. 26](https://www.legislation.gov.uk/ukpga/1989/26).
[^c23380081]: O.J. L374, 31.12.1991, p.7.
[^c23822731]: Words in [Sch. 19ABA para. 23](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19ABA/paragraph/23) substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 282(4)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/282/4) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
[^c23822761]: Words in [Sch. 19ABA para. 23](https://www.legislation.gov.uk/ukpga/1988/1/schedule/19ABA/paragraph/23) cross-heading substituted (1.4.2009 with effect in accordance with [s. 1329(1)](https://www.legislation.gov.uk/ukpga/2009/4/section/1329/1) of the amending Act) by [Corporation Tax Act 2009 (c. 4)](https://www.legislation.gov.uk/ukpga/2009/4), [Sch. 1 para. 282(5)](https://www.legislation.gov.uk/ukpga/2009/4/schedule/1/paragraph/282/5) (with [Sch. 2 Pts. 1](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/1), [2](https://www.legislation.gov.uk/ukpga/2009/4/schedule/2/part/2))
#### Application of sections 251B and 251C
#### Relief where borrower deceased.
#### Relevant loan interest.
#### Interest which never has been relevant loan interest etc.
#### Losses from UK property business.
#### Further interpretation of sections 135 to 139.
#### Losses from overseas property business.
#### Eligibility for relief.
#### Restriction of relief in case of farming and market gardening.
#### Losses etc. which may be surrendered by way of group relief.
#### Corresponding accounting periods.
#### “Distribution” to include certain expenses of close companies.
#### Apportionment of certain income, deductions and interest.
#### Losses from UK property business.
#### Application of sections 251B and 251C
#### UK property business or overseas property business
#### Section 432B apportionment: business transfers-in
#### Married couple's allowance (post-5th December 2005 marriages and civil partnerships etc.)
#### Modifications for change of tax basis
#### Modifications in relation to BLAGAB group reinsurers
#### Life assurance trade profits advantage: transferee
#### Equalisation reserves for general business.
#### Company carrying on life assurance business
#### Transfers of other business
#### Old societies.
#### Dividends paid to investment trusts.
#### Interpretation.
#### Building societies: time for payment of tax.
#### Transfer of relief under section 257A.
#### Transfers of other business
#### Assessment, recovery and postponement of supplementary charge
#### Cases where ss. 502B to 502G do not apply: plant or machinery held as trading stock
#### Certified unit trusts: distributions.
#### Introductory.
#### Information: supplementary provisions
#### Exploration expenditure supplement
#### Provisions supplementary to sections 573 and 575.
#### Relief for individuals.
#### Losses from UK property business.
#### Conditions for approval of retirement benefit schemes.
#### Supplementary provisions.
#### Charge on profits.
#### The property managing subsidiaries requirement
#### The qualifying subsidiaries requirement
#### Income arising under settlement where settlor retains an interest.
#### Treatment of price differential on sale and repurchase of securities.
#### Deemed interest: cash collateral under stock lending arrangements
#### Special rule for computing chargeable profits.
#### Section 432B apportionment: business transfers-in
#### Reduction in chargeable profits for certain financing income
#### Reduction in chargeable profits: failure to qualify for exemptions
#### Reduction in chargeable profits following an exempt period
#### Application to Scotland.
#### Offshore income gains accruing to persons resident or domiciled abroad.
#### Change in company ownership: corporation tax.
#### Change in ownership of company with investment business: deductions generally
#### Special rule for computing chargeable profits.
#### Sections 774B and 774D: power to provide further exceptions
#### Reduction in chargeable profits following an exempt period
#### Returns where it is not established whether acceptable distribution policy applies.
#### Leased assets subject to hire-purchase agreements.
#### Change in company ownership: postponed corporation tax.
#### Deductions: asset transferred within group.
#### Charitable and non-charitable expenditure
#### Charitable companies: general.
#### Introductory.
#### Arrangements made under old law.
#### Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.
#### Utilisation of eligible unrelieved foreign tax.
#### Disposals and acquisitions of company loan relationships with or without interest.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “UK property business” and “overseas property business”
#### Savings, transitional provisions, consequential amendments and repeals.
#### Offshore income gains accruing to persons resident or domiciled abroad.
#### Offshore income gains: application of transfer of assets abroad provisions
#### Offshore income gains: application of transfer of assets abroad provisions
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: passenger payments
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provision not at arm’s length.
#### Interest paid on deposits with banks etc.
#### Cases where ss. 502B to 502G do not apply: lessor also lessee under non-long funding lease
#### Qualifying interests in land held jointly
#### Statutory redundancy payments.
#### Returns where it is not established whether acceptable distribution policy applies.
#### Assets leased to traders and others.
#### Change in ownership of company with unused non-trading loss on intangible fixed assets
#### Transactions with substantial donors
#### Onshore pooling.
#### Arrangements to avoid section 812.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commencement.
#### General powers to make regulations under Chapter IV.
#### Change in ownership of company carrying on property business.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change in company ownership: postponed corporation tax.
#### Supplementary provisions.
#### Relief for pre-trading expenditure.
#### Substitution of security: supplemental.
#### Certain quoted companies not to be close companies.
#### Exceptions from section 419.
#### Losses from overseas property business.
#### Returns.
#### Additions to non-profit funds: amount of loss reduction
#### Modifications where tax charged under section 35 of CTA 2009.
#### Section 432B apportionment: value of non-participating funds.
#### Section 209(3AA): link to shares of company or associated company
#### Transfer of relief under section 257A.
#### Life assurance premiums paid by employer
#### Cash vouchers taxable under P.A.Y.E.
#### Further interpretation of sections 135 to 139.
#### Credit-tokens.
#### Eligibility for relief.
## [SCHEDULE 19A
#### Change in ownership of company with unused non-trading loss on intangible fixed assets
#### Relief by agreement with other territories.
#### Exceptions from the general charge.
#### Interpretative provisions relating to insurance companies.
#### Section 432B apportionment: value of non-participating funds.
#### Losses of ring fence trade: set off against profits of an earlier accounting period
#### Transfer schemes: transferor
#### Taxation in respect of other business: incorporated friendly societies qualifying for exemption.
#### Charitable and non-charitable expenditure
#### Termination of relief under this Chapter, and transitional provisions.
#### Revocable settlements allowing release of obligation.
#### Supplementary provision for gifts of real property
#### Schedule 4 directions.
#### Section 591C: supplementary.
#### Tax credits under Part 1 of Tax Credits Act 2002
#### Deemed manufactured payments in the case of stock lending arrangements.
#### Provision not at arm’s length.
#### Tariff receipts and tax-exempt tariffing receipts
#### Schemes and arrangements designed to increase relief
#### Introduction to section 807E
#### Mutual agreement procedure and presentation of cases under arrangements.
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### Recovery of tax credits incorrectly paid.
#### Recovery of tax credits incorrectly paid.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule 4 directions.
#### Settlements made after 6th April 1965.
#### Change in company ownership: postponed corporation tax.
#### Change in company ownership: corporation tax.
#### Change in ownership of company carrying on property business.
#### Provision not at arm’s length.
#### Relief by agreement with other territories.
#### Qualifying vehicles
#### Introduction
#### Company vehicles
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Counselling services for employees.
#### Settlements made after 6th April 1965.
#### Change in ownership of company carrying on property business.
#### Cases where ss. 502B to 502G do not apply: plant or machinery held as trading stock
#### Leased assets: special cases.
#### Disposals and acquisitions of company loan relationships with or without interest.
#### The qualifying subsidiaries requirement
#### Expenditure on car hire: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule 4 directions.
#### Supplementary provisions as to absolute interests in residue.
#### Treatment of price differential on sale and repurchase of securities.
#### Sales etc. at an undervalue or overvalue.
#### Leased assets subject to hire-purchase agreements.
#### Tax year
#### Insurance companies carrying on more than one category of business: restriction of credit.
#### Company reconstructions without a change of ownership.
#### Interpretation of Part VI.
#### Limited exemption for computer equipment.
#### Transfers of life assurance business: trade losses of the transferor
#### Election as to tax exempt business.
#### Long-term business: application of the Corporation Tax Acts.
#### Aggregation of wife’s income with husband’s.
#### Cessation of approval: tax on certain schemes.
#### Appeals against Board’s notices under section 703.
#### Court common investment funds.
#### Transactions associated with loans or credit.
#### Restriction of relief for payments of interest.
#### Introduction to section 807C
#### Power to inspect documents.
#### The Arbitration Convention.
#### Mutual agreement procedure and presentation of cases under arrangements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Revocable settlements allowing reversion of property.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Assets leased to traders and others.
#### Leased assets: special cases.
#### Qualifying vehicles
#### The approved amount: mileage allowance payments
#### Section 796: trade income
#### Separate streaming of dividend so far as representing an ADP dividend of a CFC.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Company reconstructions without a change of ownership.
#### The qualifying subsidiaries requirement
#### Sales etc. at an undervalue or overvalue.
#### Meaning of “asset”, “capital sum” and “lease” for purposes of sections 781 to 784.
#### Interest on tax overpaid.
#### Interest on payments in respect of corporation tax and meaning of “the material date".
#### Application of Income Tax Acts to public departments and avoidance of exempting provisions.
#### Section 590: supplementary provisions.
#### Venture capital trusts.
#### Commencement.
#### Revocable settlements allowing release of obligation.
#### Settlements made after 6th April 1965.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dividends paid out of transferred profits.
#### Schemes and arrangements designed to increase relief
#### Insurance companies carrying on more than one category of business: restriction of credit.
#### Disposals and acquisitions of company loan relationships with or without interest.
#### Supplement in respect of a post-commencement period
#### Accounting periods
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Amount of post-commencement supplement for a post-commencement period
#### The non-qualifying pool
#### Foreign tax on items giving rise to a non-trading credit: intangible fixed assets
#### Onshore pooling.
#### Repayment supplements: companies.
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### Qualifying companies
#### Supplement in respect of a pre-commencement accounting period
#### Relief for rent etc. not paid.
#### Disposal or exercise of rights in pursuance of deposits.
#### Restrictions on relief
#### Payments to trustees of approved profit sharing schemes.
#### Restriction on relief for non-active partners
#### Amounts reversing expenses of management deducted: charge to tax
#### Interpretation.
#### Relief for contributions in respect of share option gains.
#### Company reconstructions: supplemental.
#### Relief where borrower deceased.
#### Discounted bills of exchange.
#### Application of lower rate to company distributions.
#### Provisions supplementary to section 138.
#### Losses from UK property business.
#### Costs of establishing share option or profit sharing schemes: relief.
#### Application of sections 251B and 251C
#### Application of sections 251B and 251C
#### Children’s tax credit.
#### Married couple's allowance (post-5th December 2005 marriages and civil partnerships etc.)
#### Meaning of “participator”, “associate”, “director” and “loan creditor”.
#### “Distribution” to include certain expenses of close companies.
#### Interpretative provisions relating to insurance companies.
#### Election that assets not be foreign business assets
#### Company carrying on life assurance business
#### U.K. company distributions not generally chargeable to corporation tax.
#### Computation of losses and limitation on relief.
#### Modifications in relation to BLAGAB group reinsurers
#### Transfers of life assurance business: Case I losses of the transferor
#### Transfer schemes: transferor
#### Transfer of relief under section 257A.
#### Transfers of other business
#### Election as to tax exempt business.
#### Long-term business: application of the Corporation Tax Acts.
#### Certified unit trusts: distributions.
#### Tax on companies in administration
#### Exemptions from section 148.
#### Restriction of relief for payments of interest.
#### Limits on credit: minimisation of the foreign tax.
#### Interpretation of the Corporation Tax Acts etc.
#### Interest on tax overpaid.
#### Interpretation of Income Tax Acts.
#### Interpretation.
#### Loan relationships etc.
#### Exploration expenditure supplement
#### Charitable companies: general.
#### Capital sums: . . . winding up or partnership change.
#### Losses from UK property business.
#### Losses from UK property business.
#### Supplementary provisions.
#### Charge on profits.
#### The property managing subsidiaries requirement
#### The qualifying subsidiaries requirement
#### Business entertaining expenses.
#### Interpretation.
#### Definition of insurance company.
#### Section 432B apportionment: supplementary provisions.
#### Section 432B apportionment: business transfers-in
#### Payments to unmarried minor children of settlor.
#### Revocable settlements allowing reversion of property.
#### Income or gains arising from property investment LLP
#### Application to Scotland.
#### Interpretation.
#### Exception for sale and repurchase of securities.
#### Interpretation of section 730A.
#### Special rule for computing chargeable profits.
#### Reduction in chargeable profits: failure to qualify for exemptions
#### Reduction in chargeable profits following an exempt period
#### Returns where it is not established whether acceptable distribution policy applies.
#### Offshore income gains accruing to persons resident or domiciled abroad.
#### Change in company ownership: postponed corporation tax.
#### Deductions: asset transferred within group.
#### Charitable and non-charitable expenditure
#### Charitable companies: general.
#### Introductory.
#### Arrangements made under old law.
#### Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.
#### Utilisation of eligible unrelieved foreign tax.
#### Disposals and acquisitions of company loan relationships with or without interest.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### Restriction on deduction of interest or dividends from trading income.
#### Recovery of tax credits incorrectly paid.
#### Interpretation of the Tax Acts.
#### Interpretation of Income Tax Acts.
#### Repayment supplements: companies.
#### Qualifying courses of training etc.
#### Interpretation of the Corporation Tax Acts etc.
#### Stock lending.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Income treated as arising under section 761(1): remittance basis
#### Mutual agreement procedure and presentation of cases under arrangements.
#### Power to inspect documents.
#### Arrangements to avoid section 812.
#### Separate streaming of dividend so far as representing an ADP dividend of a CFC.
#### Interpretation of Income Tax Acts.
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “UK property business” and “overseas property business”
#### Savings, transitional provisions, consequential amendments and repeals.
#### Offshore income gains accruing to persons resident or domiciled abroad.
#### Offshore income gains: application of transfer of assets abroad provisions
#### Offshore income gains: application of transfer of assets abroad provisions
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying counselling services etc.
#### Conditions for approval of retirement benefit schemes.
#### Repayment supplements: companies.
#### Appeals against Board’s notices under section 703.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### Reduction in chargeable profits for certain financing income
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustment of profits on averaging claim
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Company vehicles
#### The approved amount: passenger payments
#### Interpretation of credit code.
#### Repayment supplements: companies.
#### Recovery of tax credits incorrectly paid.
#### Interest on tax overpaid.
#### Interest on tax overpaid.
#### Interpretation of the Tax Acts.
#### Interpretation of Income Tax Acts.
#### Interpretation of the Tax Acts.
#### Interpretation of Income Tax Acts.
#### Interpretation of the Corporation Tax Acts.
#### Cessation of approval: general provisions.
#### Adjustment of profits on averaging claim
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provision not at arm’s length.
#### Interest paid on deposits with banks etc.
#### Cases where ss. 502B to 502G do not apply: lessor also lessee under non-long funding lease
#### Interpretation of Chapter III.
#### Statutory redundancy payments.
#### Special provisions as to certain interests in residue.
#### Determinations requiring the sanction of the Board.
#### Change in ownership of company with unused non-trading loss on intangible fixed assets
#### Transactions with substantial donors
#### Reduction of United Kingdom taxes by amount of credit due.
#### Interest: special relationship.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commencement.
#### General powers to make regulations under Chapter IV.
#### Change in ownership of company carrying on property business.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change in company ownership: postponed corporation tax.
#### Supplementary provisions.
#### Provisions supplementary to section 138.
#### Substitution of security: supplemental.
#### Second loans.
#### Meaning of “distribution”.
#### Losses from overseas property business.
#### Returns.
#### Computation of gross profits.
#### Certain quoted companies not to be close companies.
#### Section 432B apportionment: value of non-participating funds.
#### Section 209(3AA): link to shares of company or associated company
## [SCHEDULE 19A
#### Change in ownership of company with unused non-trading loss on intangible fixed assets
#### Relief by agreement with other territories.
#### Exceptions from the general charge.
#### Provisions supplementary to section 138.
#### Interpretation of sections 251A to 251C
#### Losses of ring fence trade: set off against profits of an earlier accounting period
#### Relief for contributions in respect of share option gains.
#### Schedule A business or overseas property business.
#### Aggregation of wife’s income with husband’s.
#### Losses from overseas property business.
#### Gifts of shares, securities and real property to charities etc
#### Supplementary provision for gifts of real property
#### Section 590: supplementary provisions.
#### Section 591C: supplementary.
#### Tax credits under Part 1 of Tax Credits Act 2002
#### Deemed manufactured payments in the case of stock lending arrangements.
#### Provision not at arm’s length.
#### Tariff receipts and tax-exempt tariffing receipts
#### Application of this Chapter etc. to policies and contracts in which persons other than companies are interested
#### Introductory.
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### Recovery of tax credits incorrectly paid.
#### Recovery of tax credits incorrectly paid.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule 4 directions.
#### Settlements made after 6th April 1965.
#### Change in company ownership: postponed corporation tax.
#### Change in company ownership: corporation tax.
#### Change in ownership of company carrying on property business.
#### Provision not at arm’s length.
#### Relief by agreement with other territories.
#### Qualifying vehicles
#### Introduction
#### Company vehicles
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Counselling services for employees.
#### Qualifying counselling services etc.
#### Change in ownership of company carrying on property business.
#### Cases where ss. 502B to 502G do not apply: plant or machinery held as trading stock
#### Leased assets: special cases.
#### Interpretation of credit code.
#### The qualifying subsidiaries requirement
#### Expenditure on car hire: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Schedule 4 directions.
#### Supplementary provisions as to absolute interests in residue.
#### Treatment of price differential on sale and repurchase of securities.
#### Sales etc. at an undervalue or overvalue.
#### Leased assets subject to hire-purchase agreements.
#### Tax year
#### Insurance companies carrying on more than one category of business: restriction of credit.
#### Dividend or bonus granted by industrial and provident society
#### Interpretation of Part VI.
#### Limited exemption for computer equipment.
#### Loans to participators etc.
#### Taxation of profit-related pay.
#### Section 432B apportionment: supplementary provisions.
#### Aggregation of wife’s income with husband’s.
#### Application of this Chapter etc. to policies and contracts in which persons other than companies are interested
#### Appeals against Board’s notices under section 703.
#### Court common investment funds.
#### Transactions associated with loans or credit.
#### Restriction of relief for payments of interest.
#### Life policies: chargeable events.
#### Power to inspect documents.
#### The Arbitration Convention.
#### Mutual agreement procedure and presentation of cases under arrangements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Revocable settlements allowing reversion of property.
#### The prescribed circumstances.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Assets leased to traders and others.
#### Leased assets: special cases.
#### Leased assets subject to hire-purchase agreements.
#### The approved amount: mileage allowance payments
#### Section 796: trade income
#### Separate streaming of dividend so far as representing an ADP dividend of a CFC.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Company reconstructions without a change of ownership.
#### Provisions supplementary to section 520.
#### Sales etc. at an undervalue or overvalue.
#### Meaning of “asset”, “capital sum” and “lease” for purposes of sections 781 to 784.
#### Cessation of approval: tax on certain schemes.
#### Tax credits under Part 1 of Tax Credits Act 2002
#### Repayment supplements: companies.
#### Section 590: supplementary provisions.
#### Interest on payments in respect of corporation tax and meaning of “the material date".
#### Territorial sea and designated areas.
#### Revocable settlements allowing release of obligation.
#### Settlements made after 6th April 1965.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Dividends paid out of transferred profits.
#### Schemes and arrangements designed to increase relief
#### Insurance companies carrying on more than one category of business: restriction of credit.
#### Disposals and acquisitions of company loan relationships with or without interest.
#### About this Schedule
#### Accounting periods
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Amount of post-commencement supplement for a post-commencement period
#### The non-qualifying pool
#### Foreign tax on items giving rise to a non-trading credit: intangible fixed assets
#### Onshore pooling.
#### Repayment supplements: companies.
#### About this Schedule
#### Qualifying companies
#### Supplement in respect of a pre-commencement accounting period
#### Schedule C.
#### Schedule F.
#### Restrictions on relief
#### Saving for pre-1963 leases, and special relief for individuals.
#### Securities of foreign states.
#### Amounts reversing expenses of management deducted: charge to tax
#### United Kingdom government securities held by non-residents.
#### Disposal or exercise of rights in pursuance of deposits.
#### Discounted bills of exchange.
#### Expenses of insurance companies
#### Costs of establishing share option or profit sharing schemes: relief.
#### Allowable deductions.
#### Tax on companies in administration
#### Exemptions from section 148.
#### Restriction of relief for payments of interest.
#### Capital sums: . . . winding up or partnership change.
#### Interpretation.
#### Interest on tax overpaid.
#### Interpretation of Income Tax Acts.
#### Interpretation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### Restriction on deduction of interest or dividends from trading income.
#### Recovery of tax credits incorrectly paid.
#### Interpretation of the Tax Acts.
#### Interpretation of Income Tax Acts.
#### Qualifying interests in land held jointly
#### Qualifying courses of training etc.
#### Interpretation of the Corporation Tax Acts etc.
#### Stock lending.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Income treated as arising under section 761(1): remittance basis
#### Mutual agreement procedure and presentation of cases under arrangements.
#### Power to inspect documents.
#### Arrangements to avoid section 812.
#### Separate streaming of dividend so far as representing an ADP dividend of a CFC.
#### Interpretation of Income Tax Acts.
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
#### Interpretation of the Corporation Tax Acts.
#### Meaning of “UK property business” and “overseas property business”
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying counselling services etc.
#### Conditions for approval of retirement benefit schemes.
#### Repayment supplements: companies.
#### Appeals against Board’s notices under section 703.
#### The prescribed circumstances.
#### Prevention of avoidance of income tax.
#### Reduction in chargeable profits for certain financing income
#### How averaging claim is given effect
#### Adjustment of profits on averaging claim
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Company vehicles
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: passenger payments
#### Interpretation of credit code.
#### Repayment supplements: companies.
#### Recovery of tax credits incorrectly paid.
#### Interest on tax overpaid.
#### Interest on tax overpaid.
#### Interpretation of the Tax Acts.
#### Interpretation of Income Tax Acts.
#### Interpretation of the Tax Acts.
#### Interpretation of Income Tax Acts.
#### Interpretation of the Corporation Tax Acts.
#### Cessation of approval: general provisions.
#### Imputation of chargeable profits and creditable tax of controlled foreign companies
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Section 785B: expectation that relevant capital payment will not be paid
#### Tax year
@@ -64499,11 +60163,11 @@
#### Schedule E.
#### Tax treatment of receipts and outgoings on sale of land.
#### Payments to trustees of approved profit sharing schemes.
#### Application of charges where rights to payments transferred.
#### Approved share incentive plans
#### Meaning of “distribution”.
#### Interpretation of Part VI.
#### Apportionment of income and gains.
@@ -64633,139 +60297,883 @@
- (11) This section shall have effect in relation to distribution periods beginning on or after 6th April 1987.
#### Definition of insurance company.
#### Interpretation of Income Tax Acts.
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
#### Reduction in chargeable profits following an exempt period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Recovery of tax credits incorrectly paid.
#### Territorial sea and designated areas.
#### Interpretation of the Corporation Tax Acts etc.
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### How averaging claim is given effect
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Levies and repayments under the Financial Services and Markets Act 2000.
#### Costs of establishing share option or profit sharing schemes: relief.
#### Taxable premiums etc.
#### Section 209(3AA): link to shares of company or associated company
#### Elections as to transfer of relief under section 257A or 257AB.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER 1B — PROVISIONS AS TO CAPITAL SUMS PAID TO SETTLOR
### CHAPTER 1C — LIABILITY OF TRUSTEES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leased assets: special cases.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.
#### Interpretation of the Corporation Tax Acts etc.
#### Introduction
#### Adjustment of profits on averaging claim
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: passenger payments
#### Introduction
#### Introduction
## Part IV — Disallowed debits and non-trading deficits
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying vehicles
#### Employment
#### The approved amount: mileage allowance payments
#### Charitable donations: contributions to agent’s expenses.
#### Interest etc. paid in respect of certain securities.
#### Exempt distributions: division of business
#### Transitional relief: husband with excess allowances.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of price differential on sale and repurchase of securities.
#### Manufactured dividends and interest.
#### Section 751A: supplementary
#### The approved amount: mileage allowance payments
#### Employment
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### Arrangements to avoid section 812.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on payments in respect of corporation tax and meaning of “the material date".
#### Application of Income Tax Acts to public departments and avoidance of exempting provisions.
#### Unrealised interest in default
#### Interest on tax overpaid.
#### Transfers of rights to receive distributions in respect of shares
#### Offshore income gains: application of transfer of assets abroad provisions
#### Qualifying trade, profession or vocation
#### How averaging claim is given effect
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: mileage allowance payments
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction on relief for non-active partners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Employment
#### Dividends paid out of transferred profits.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “UK property business” and “overseas property business”
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
#### Interest on tax overpaid.
#### Section 751A: supplementary
#### Introduction
#### Adjustment of profits on averaging claim
#### Tax year
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Manufactured interest on UK securities: general
### Manufactured interest on gilt-edged securities etc.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Stock dividends: distributions.
#### Life assurance premiums paid by employer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of credit code.
#### Section 796: trade income
#### Mutual agreement procedure and presentation of cases under arrangements.
#### Effect of notice under section 804ZA
#### Utilisation of eligible unrelieved foreign tax.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commencement.
#### Interpretation of the Corporation Tax Acts etc.
#### Meaning of “UK property business” and “overseas property business”
#### Income treated as arising under section 761(1): remittance basis
#### Change in company ownership: postponed corporation tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sales etc. at an undervalue or overvalue.
#### Section 785B: expectation that relevant capital payment will not be paid
#### Company vehicles
#### Introduction
#### The approved amount: mileage allowance payments
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of appointment or arrangements under section 659B.
#### Repayment supplements: companies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change in ownership of company with unused non-trading loss on intangible fixed assets
#### Sales etc. at an undervalue or overvalue.
#### Restriction of relief for payments of interest.
#### Tax year
#### Company vehicles
#### Employment
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### Dividend or bonus granted by industrial and provident society
#### Restrictions on the use of tax credits by pension funds.
#### “A significant amount of time”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction of relief for payments of interest.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Territorial sea and designated areas.
#### Interpretation of the Corporation Tax Acts.
#### Interpretation of Income Tax Acts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exemption from sections 739 and 740 (transactions before 5th December 2005)
#### Introduction
### Introductory
### Payments and other benefits to which section 148 applies
### Payments and other benefits excluded from charge under section 148
### Application of £30,000 threshold
### Exclusion or reduction of charge in case of foreign service
### Valuation of benefits
### Notional interest treated as paid if amount charged in respect of beneficial loan
### Giving effect to the charge to tax
### Reporting requirements
### Interpretation
#### Qualifying vehicles
#### The approved amount: passenger payments
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
#### Supplement in respect of a post-commencement period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustment of profits on averaging claim
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Liability of non-transferors.
#### Exemption from sections 739 and 740 (transactions before 5th December 2005)
#### Company vehicles
#### Introduction
#### Supplement in respect of a pre-commencement accounting period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to modify sections 727A, 730A, 730BB and 737A to 737C
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax year
#### Accounting periods
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign tax on items giving rise to a non-trading credit: intangible fixed assets
#### Interest on payments in respect of corporation tax and meaning of “the material date".
#### Trading stock.
#### VAT penalties etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The appropriate percentage
### Car with CO2 emissions figure
### The lower threshold
### Bi-fuel cars
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a post-commencement period
#### The non-qualifying pool
#### Supplement in respect of a pre-commencement accounting period
#### Qualifying companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of the Corporation Tax Acts.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest: special relationship.
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amount of post-commencement supplement for a post-commencement period
#### Qualifying companies
#### The non-qualifying pool
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of notice under section 804ZA
#### Utilisation of eligible unrelieved foreign tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a post-commencement period
#### Amount of post-commencement supplement for a post-commencement period
#### Supplement in respect of a pre-commencement accounting period
#### Supplement in respect of a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying policies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest: special relationship.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a pre-commencement accounting period
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change in company ownership: corporation tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Recovery of tax credits incorrectly paid.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Election by company paying dividend.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction in chargeable profits following an exempt period
#### Assets leased to traders and others.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction in chargeable profits following an exempt period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to inspect documents.
#### The Arbitration Convention.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The non-qualifying pool
#### About this Schedule
#### About this Schedule
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Income Tax Acts from year to year.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
#### The non-qualifying pool
#### About this Schedule
#### Accounting periods
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Amount of post-commencement supplement for a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conventional basis: general charge on receipts after discontinuance . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### Adjustment of profits on averaging claim
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: passenger payments
#### Recovery of tax credits incorrectly paid.
#### Territorial sea and designated areas.
#### Interpretation of the Corporation Tax Acts etc.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Supplement in respect of a pre-commencement accounting period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
#### Children’s tax credit.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of the Corporation Tax Acts.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### Qualifying companies
#### Amount of post-commencement supplement for a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
#### Supplement in respect of a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### Married couple's allowance (post-5th December 2005 marriages and civil partnerships etc.)
#### Relief for contributions in respect of share option gains.
#### Partners: meaning of “contribution to the trade”
#### Qualifying companies
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Amount of post-commencement supplement for a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Transfer of relief under section 257A.
#### Relief for necessary expenses.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Definitions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### Meaning of “investment LLP” and “property investment LLP”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amount of post-commencement supplement for a post-commencement period
#### The non-qualifying pool
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 468A
- (1) In relation to an open-ended investment company the rate of corporation tax for the financial year 2005 and subsequent financial years shall be deemed to be the rate at which income tax at the basic rate is charged for the year of assessment which begins on 6th April in the financial year concerned (and section 13 shall not apply).
- (2) In this section “*open-ended investment company*” means a company incorporated in the United Kingdom to which section 236 of the Financial Services and Markets Act 2000 applies.
- (3) Each of the parts of an umbrella company shall be regarded for the purposes of this section as an open-ended investment company and the umbrella company as a whole shall not be so regarded (and shall not, unless an enactment expressly provides otherwise, be regarded as a company for any other purpose of the Tax Acts).
- (4) In subsection (3) “*umbrella company*” means an open-ended investment company—
- (a) in respect of which the instrument of incorporation provides arrangements for separate pooling of the contributions of the shareholders and the profits or income out of which payments are to be made to them, and
- (b) the shareholders of which are entitled to exchange rights in one pool for rights in another,
and a reference to part of an umbrella company is a reference to a separate pool.
#### Supplement in respect of a pre-commencement accounting period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “research and development”.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### How averaging claim is given effect
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Levies and repayments under the Financial Services and Markets Act 2000.
#### Costs of establishing share option or profit sharing schemes: relief.
#### Taxable premiums etc.
#### Section 87(2) and (3) and reductions in receipts under ITTOIA 2005
#### Restriction on relief: individuals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### CHAPTER 1B — PROVISIONS AS TO CAPITAL SUMS PAID TO SETTLOR
### CHAPTER 1C — LIABILITY OF TRUSTEES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Leased assets: special cases.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.
#### Interpretation of the Corporation Tax Acts etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a pre-commencement accounting period
#### Amount of post-commencement supplement for a post-commencement period
#### The non-qualifying pool
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### Adjustment of profits on averaging claim
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: passenger payments
#### Introduction
#### Introduction
## Part IV — Disallowed debits and non-trading deficits
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying vehicles
#### Employment
#### The approved amount: mileage allowance payments
#### Charitable donations: contributions to agent’s expenses.
#### Charitable donations: contributions to agent’s expenses.
#### Section 87(2) and (3) and reductions in receipts under ITTOIA 2005
#### Meaning of “the aggregate amount”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Treatment of price differential on sale and repurchase of securities.
#### Manufactured dividends and interest.
#### Section 751A: supplementary
#### The approved amount: mileage allowance payments
#### Employment
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### Arrangements to avoid section 812.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on payments in respect of corporation tax and meaning of “the material date".
#### Application of Income Tax Acts to public departments and avoidance of exempting provisions.
#### Unrealised interest in default
#### Interest on tax overpaid.
#### Transfers of rights to receive distributions in respect of shares
#### Offshore income gains: application of transfer of assets abroad provisions
#### Qualifying trade, profession or vocation
#### How averaging claim is given effect
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: mileage allowance payments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
@@ -64773,798 +61181,412 @@
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction on relief for non-active partners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Meaning of “industrial assurance business”
##### 20A
In this Part of this Schedule “*industrial assurance business*” means any industrial assurance business within the meaning given by—
- (a) section 1(2) of the Industrial Assurance Act 1923, or
- (b) Article 3(1) of the Industrial Assurance (Northern Ireland) Order 1979,
which was carried on before 1 December 2001.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Imputation of chargeable profits and creditable tax of controlled foreign companies
#### Change in company ownership: corporation tax.
#### Dividends paid out of transferred profits.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Meaning of “UK property business” and “overseas property business”
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
#### Interest on tax overpaid.
#### Section 751A: supplementary
#### Introduction
#### Adjustment of profits on averaging claim
#### Tax year
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Manufactured interest on UK securities: general
### Manufactured interest on gilt-edged securities etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Valuation of work in progress at discontinuance of profession or vocation.
#### Definitions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of credit code.
#### Section 796: trade income
#### Mutual agreement procedure and presentation of cases under arrangements.
#### Effect of notice under section 804ZA
#### Utilisation of eligible unrelieved foreign tax.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Commencement.
#### Interpretation of the Corporation Tax Acts etc.
#### Meaning of “UK property business” and “overseas property business”
#### Income treated as arising under section 761(1): remittance basis
#### Change in company ownership: postponed corporation tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Sales etc. at an undervalue or overvalue.
#### Section 785B: expectation that relevant capital payment will not be paid
#### Company vehicles
#### Introduction
#### The approved amount: mileage allowance payments
#### Eligibility for relief.
#### Section 209(3AA): link to shares of company or associated company
#### Stock dividends: distributions.
#### Restrictions on the use of tax credits by pension funds.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of appointment or arrangements under section 659B.
#### Repayment supplements: companies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change in ownership of company with unused non-trading loss on intangible fixed assets
#### Sales etc. at an undervalue or overvalue.
#### Restriction of relief for payments of interest.
#### Tax year
#### Company vehicles
#### Employment
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### Payments to Export Credit Guarantee Department.
#### Valuation of work in progress at discontinuance of profession or vocation.
#### “A significant amount of time”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restriction of relief for payments of interest.
#### Introduction
#### Territorial sea and designated areas.
#### Interpretation of the Corporation Tax Acts.
#### Interpretation of Income Tax Acts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Exemption from sections 739 and 740 (transactions before 5th December 2005)
#### Introduction
### Introductory
### Payments and other benefits to which section 148 applies
### Payments and other benefits excluded from charge under section 148
### Application of £30,000 threshold
### Exclusion or reduction of charge in case of foreign service
### Valuation of benefits
### Notional interest treated as paid if amount charged in respect of beneficial loan
### Giving effect to the charge to tax
### Reporting requirements
### Interpretation
#### Qualifying vehicles
#### The approved amount: passenger payments
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
#### Supplement in respect of a post-commencement period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Adjustment of profits on averaging claim
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Liability of non-transferors.
#### Exemption from sections 739 and 740 (transactions before 5th December 2005)
#### Company vehicles
#### Introduction
#### Supplement in respect of a pre-commencement accounting period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to modify sections 727A, 730A, 730BB and 737A to 737C
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Tax year
#### Accounting periods
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Foreign tax on items giving rise to a non-trading credit: intangible fixed assets
#### Interest on payments in respect of corporation tax and meaning of “the material date".
#### Trading stock.
#### VAT penalties etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### The appropriate percentage
### Car with CO2 emissions figure
### The lower threshold
### Bi-fuel cars
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a post-commencement period
#### The non-qualifying pool
#### Supplement in respect of a pre-commencement accounting period
#### Qualifying companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of the Corporation Tax Acts.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest: special relationship.
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Amount of post-commencement supplement for a post-commencement period
#### Qualifying companies
#### The non-qualifying pool
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Effect of notice under section 804ZA
#### Utilisation of eligible unrelieved foreign tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a post-commencement period
#### Amount of post-commencement supplement for a post-commencement period
#### Supplement in respect of a pre-commencement accounting period
#### Supplement in respect of a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.
#### Interest: special relationship.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Supplement in respect of a pre-commencement accounting period
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Change in company ownership: corporation tax.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Recovery of tax credits incorrectly paid.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Allowable deductions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Reduction in chargeable profits following an exempt period
#### Reduction in chargeable profits following an exempt period
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to inspect documents.
#### The Arbitration Convention.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The non-qualifying pool
#### About this Schedule
#### About this Schedule
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of Income Tax Acts from year to year.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
#### The non-qualifying pool
#### About this Schedule
#### Accounting periods
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Amount of post-commencement supplement for a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Conventional basis: general charge on receipts after discontinuance . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Withdrawal of right to tax credit of certain non-resident companies connected with unitary states.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### Adjustment of profits on averaging claim
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### About this Schedule
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The approved amount: passenger payments
#### Recovery of tax credits incorrectly paid.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### “Annual value” of land.
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Supplement in respect of a pre-commencement accounting period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
#### Restriction on relief: individuals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to inspect documents.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interpretation of the Corporation Tax Acts.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Introduction
#### Qualifying companies
#### Amount of post-commencement supplement for a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Accounting periods
#### Supplement in respect of a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### Allowable deductions.
#### Relief for contributions in respect of share option gains.
#### Partners: meaning of “contribution to the trade”
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Miscellaneous charges (list for the purposes of certain provisions that formerly referred to Case VI of Schedule D)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Qualifying trade, profession or vocation
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
#### Amount of post-commencement supplement for a post-commencement period
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### Supplement in respect of a post-commencement period
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#### Definitions.
#### Relief for necessary expenses.
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#### Definitions.
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#### Meaning of “investment LLP” and “property investment LLP”
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#### Introduction
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#### Amount of post-commencement supplement for a post-commencement period
#### The non-qualifying pool
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
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##### 468A
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##### 468A
- (1) In relation to an open-ended investment company the rate of corporation tax for the financial year 2005 and subsequent financial years shall be deemed to be the rate at which income tax at the basic rate is charged for the year of assessment which begins on 6th April in the financial year concerned (and section 13 shall not apply).
- (2) In this section “*open-ended investment company*” means a company incorporated in the United Kingdom to which section 236 of the Financial Services and Markets Act 2000 applies.
- (3) Each of the parts of an umbrella company shall be regarded for the purposes of this section as an open-ended investment company and the umbrella company as a whole shall not be so regarded (and shall not, unless an enactment expressly provides otherwise, be regarded as a company for any other purpose of the Tax Acts).
- (4) In subsection (3) “*umbrella company*” means an open-ended investment company—
- (a) in respect of which the instrument of incorporation provides arrangements for separate pooling of the contributions of the shareholders and the profits or income out of which payments are to be made to them, and
- (b) the shareholders of which are entitled to exchange rights in one pool for rights in another,
and a reference to part of an umbrella company is a reference to a separate pool.
#### Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.
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#### Qualifying trade, profession or vocation
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#### About this Schedule
#### About this Schedule
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#### Meaning of “research and development”.
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#### How averaging claim is given effect
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#### About this Schedule
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#### The pool of qualifying E&A losses and the pool of non-qualifying losses
#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
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#### Qualifying trade, profession or vocation
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#### Supplement in respect of a pre-commencement accounting period
#### Amount of post-commencement supplement for a post-commencement period
#### The non-qualifying pool
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#### Introduction
#### Adjustment of profits on averaging claim
#### About this Schedule
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### Meaning of “industrial assurance business”
##### 20A
In this Part of this Schedule “*industrial assurance business*” means any industrial assurance business within the meaning given by—
- (a) section 1(2) of the Industrial Assurance Act 1923, or
- (b) Article 3(1) of the Industrial Assurance (Northern Ireland) Order 1979,
which was carried on before 1 December 2001.
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#### The mixed pool of qualifying E&A expenditure and supplement previously allowed
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#### Meaning of “distribution”.
#### Section 209(3AA): link to shares of company or associated company
#### Stock dividends: distributions.
#### Restrictions on the use of tax credits by pension funds.
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### European cross-border transfers of business
##### 807B
- (1) Subject to subsections (4) to (6), section 807C applies if condition A or B is met.
- (2) Condition A is that—
- (a) a company resident in the United Kingdom transfers to a company resident in another member State the whole or part of a business which immediately before the transfer the transferor carried on in a member State other than the United Kingdom through a permanent establishment, and
- (b) the transfer includes—
- (i) the transfer of an asset or liability representing a loan relationship,
- (ii) the transfer of rights and liabilities under a derivative contract, or
- (iii) the transfer of intangible fixed assets that are chargeable intangible assets in relation to the transferor immediately before the transfer and in the case of one or more of which the proceeds of realisation exceed the costs recognised for tax purposes.
- (3) Condition B is that—
- (a) a company resident in the United Kingdom transfers part of its business to one or more companies,
- (b) the part of the transferor's business which is transferred was carried on immediately before the transfer in a member State other than the United Kingdom through a permanent establishment,
- (c) at least one transferee is resident in a member State other than the United Kingdom,
- (d) the transferor continues to carry on a business after the transfer,
- (e) the condition in subsection (2)(b) is met, and
- (f) the transfer—
- (i) is made in exchange for the issue of shares in or debentures of each transferee to each person holding shares in or debentures of the transferor, or
- (ii) is not so made only because, and only so far as, a transferee is prevented from so issuing such shares or debentures by section 658 of the Companies Act 2006 (general rule against limited company acquiring own shares) or by a corresponding provision of the law of another member State preventing such an issue.
- (4) If a transfer that meets condition A or B includes such a transfer as is mentioned in subsection (2)(b)(i), section 807C —
- (a) only applies as respects the transfer so mentioned as a result of the transfer meeting condition A if the transfer is wholly or partly in exchange for shares or debentures issued by the transferee to the transferor, and
- (b) only applies as respects the transfer so mentioned as a result of the transfer meeting condition B if each transferee is resident in a member State, but not necessarily the same one.
- (5) If a transfer that meets condition A or B includes such a transfer as is mentioned in subsection (2)(b)(ii), section 807C—
- (a) only applies as respects the transfer so mentioned as a result of the transfer meeting condition A if the transfer is wholly or partly in exchange for shares or debentures issued by the transferee to the transferor or to the persons holding shares in or debentures of the transferor,
- (b) only applies as respects the transfer so mentioned as a result of the transfer meeting condition B if each transferee is resident in a member State, but not necessarily the same one, and
- (c) only applies as respects the transfer so mentioned if the transferor makes a claim under this section in respect of it.
- (6) If a transfer that meets condition A or B includes such a transfer as is mentioned in subsection (2)(b)(iii), section 807C—
- (a) only applies as respects the transfer so mentioned as a result of the transfer meeting condition A if—
- (i) the companies mentioned in subsection (2)(a) are companies incorporated under the law of a member State, and
- (ii) the transfer is wholly or partly in exchange for shares or other securities issued by the transferee to the transferor,
- (b) only applies as respects the transfer so mentioned as a result of the transfer meeting condition B if—
- (i) the transferor and at least one of the transferees mentioned in subsection (3)(a) is a company so incorporated, and
- (ii) the transfer is in exchange for shares or debentures issued by the transferee to the persons holding shares in or debentures of the transferor, and
- (c) only applies as respects the transfer so mentioned if—
- (i) the transfer includes the whole of the assets of the transferor used for the purposes of the business or part, or the whole of those assets other than cash, and
- (ii) the transferor makes a claim under this section in respect of the transfer so mentioned.
- (7) No claim may be made under subsection (6) in respect of a transfer in relation to which a claim is made under section 827 of CTA 2009 (claims to postpone charge on transfer of assets to non-UK resident company).
- (8) For the purposes of this section, a company is resident in a member State if—
- (a) it is within a charge to tax under the law of the State as being resident for that purpose, and
- (b) it is not regarded, for the purpose of any double taxation relief arrangements to which the State is a party, as resident in a territory not within a member State.
- (9) In this section and section 807C—
- “*company*” means any entity listed as a company in the Annex to the Mergers Directive,
- “*derivative contract*” has the same meaning as in Part 7 of CTA 2009,
- “*intangible fixed assets*” and “*chargeable intangible assets*”, in relation to any person, have the same meaning as in Part 8 of CTA 2009,
- “*loan relationship*” has the same meaning as in Part 5 of CTA 2009,
- “*the Mergers Directive*” means Council Directive No. [90/434/EEC](https://www.legislation.gov.uk/european/directive/1990/0434) of 23 July 1990 on mergers, transfers etc,
- “*proceeds of realisation*”, in relation to intangible fixed assets, has the meaning given in section 739 of CTA 2009, and
- “*recognised for tax purposes*” has the same meaning as in Part 8 of CTA 2009.
##### 807C
- (1) If tax would have been chargeable under the law of one or more other member States in respect of the transfer mentioned in section 807B(2)(b)(i), (ii) or (iii) but for the Mergers Directive, this Part, including any arrangements having effect by virtue of section 788, is to apply as if that tax had been chargeable.
- (2) In calculating tax notionally chargeable under subsection (1), it is to be assumed—
- (a) that to the extent permitted by the law of the other member State losses arising on the transfer mentioned in section 807B(2)(b)(i), (ii) or (iii) are set against gains arising on that transfer, and
- (b) that any relief due to the transferor under that law is claimed.
- (3) Subsection (1) does not apply if—
- (a) the transfer of business mentioned in section 807B(2)(a) or (3)(a) is not effected for genuine commercial reasons, or
- (b) that transfer of business forms part of a scheme or arrangements of which the main purpose, or one of the main purposes, is avoiding liability to corporation tax, capital gains tax or income tax.
- (4) But subsection (3) does not prevent subsection (1) from applying if before the transfer—
- (a) the appropriate applicant has applied to the Commissioners for Her Majesty's Revenue and Customs, and
- (b) the Commissioners have notified the appropriate applicant that they are satisfied subsection (3) will not have that effect.
- (5) In subsection (4) “*the appropriate applicant*” means—
- (a) in a case where tax chargeable in respect of such a transfer as is mentioned in section 807B(2)(b)(i) or (ii) is concerned, the companies mentioned in section 807B(2)(a) or (3)(a), and
- (b) in a case where tax chargeable in respect of such a transfer as is mentioned in section 807B(2)(b)(iii) is concerned, the transferor.
- (6) Sections 427 and 428 of CTA 2009 (procedure and decisions on applications for clearance) have effect in relation to subsection (4) as in relation to section 426(2) of that Act, taking the references in section 428 to section 426(2)(b) as references to subsection (4)(b) of this section.
### European cross-border mergers
##### 807D
- (1) Section 807E applies if—
- (a) conditions A to E,
- (b) in the case of a merger within subsection (2)(a), (b) or (c), condition F, and
- (c) in the case of a merger within subsection (2)(c) or (d), condition G.
are met.
- (2) Condition A is that—
- (a) an SE is formed by the merger of two or more companies in accordance with Articles 2(1) and 17(2)(a) or (b) of Council Regulation [(EC) No. 2157/2001](https://www.legislation.gov.uk/european/regulation/2001/2157) on the Statute for a European company (Societas Europaea),
- (b) an SCE is formed by the merger of two or more co-operative societies, at least one of which is a society registered under the Industrial and Provident Societies Act 1965, in accordance with Articles 2(1) and 19 of Council Regulation [(EC) No. 1435/2003](https://www.legislation.gov.uk/european/regulation/2003/1435) on the Statute for a European Co-operative Society (SCE),
- (c) a merger is effected by the transfer by one or more companies of all their assets and liabilities to a single existing company, or
- (d) a merger is effected by the transfer by two or more companies of all their assets and liabilities to a single new company (other than an SE or an SCE) in exchange for the issue by the transferee, to each person holding shares in or debentures of a transferor, of shares or debentures.
- (3) Condition B is that each merging company is resident in a member State.
- (4) Condition C is that the merging companies are not all resident in the same State.
- (5) Condition D is that in the course of the merger a company resident in the United Kingdom (“company A”) transfers to a company resident in another member State all assets and liabilities relating to a business which company A carried on in a member State other than the United Kingdom through a permanent establishment (but see subsection (9)).
- (6) Condition E is that the transfer mentioned in subsection (5) includes—
- (a) the transfer of an asset or liability representing a loan relationship,
- (b) the transfer of rights and liabilities under a derivative contract, or
- (c) the transfer of intangible fixed assets—
- (i) that are chargeable intangible assets in relation to company A immediately before the transfer, and
- (ii) in the case of one or more of which the proceeds of realisation exceed the cost recognised for tax purposes.
- (7) Condition F is that—
- (a) the transfer of assets and liabilities to the transferee in the course of the merger is made in exchange for the issue of shares or debentures by the transferee to each person holding shares in or debentures of a transferor, or
- (b) paragraph (a) is not met in relation to the transfer of those assets and liabilities only because, and only so far as, the transferee is prevented from so issuing such shares or debentures by section 658 of the Companies Act 2006 (general rule against limited company acquiring own shares) or by a corresponding provision of the law of another member State preventing such an issue.
- (8) Condition G is that in the course of the merger each transferor ceases to exist without being in liquidation (within the meaning given by section 247 of the Insolvency Act 1986).
- (9) In the case of a merger within subsection (2)(a) or (b), in determining whether section 807E applies in respect of such a transfer as is mentioned in subsection (6)(c), condition D is regarded as met even if all liabilities relating to the business which company A carried on are not transferred as mentioned in subsection (5).
- (10) For the purposes of this section, a company is resident in a member State if—
- (a) it is within a charge to tax under the law of the State as being resident for that purpose, and
- (b) it is not regarded, for the purpose of any double taxation relief arrangements to which the State is a party, as resident in a territory not within a member State.
- (11) In this section and section 807E—
- “*company*” means any entity listed as a company in the Annex to the Mergers Directive,
- “*co-operative society*” means a society registered under the Industrial and Provident Societies Act 1965 or a similar society governed by the law of a member State other than the United Kingdom,
- “*derivative contract*” has the same meaning as in Part 7 of CTA 2009,
- “*intangible fixed assets*” and “*chargeable intangible assets*”, in relation to any person, have the same meaning as in Part 8 of CTA 2009,
- “*loan relationship*” has the same meaning as in Part 5 of CTA 2009,
- “*the Mergers Directive*” means Council Directive No. [90/434/EEC](https://www.legislation.gov.uk/european/directive/1990/0434) of 23 July 1990 on mergers, transfers etc,
- “*proceeds of realisation*”, in relation to intangible fixed assets, has the meaning given in section 739 of CTA 2009,
- “*recognised for tax purposes*” has the same meaning as in Part 8 of CTA 2009,
- “*SE*” and “*SCE*” have the same meaning as in CTA 2009 (see section 1319 of that Act)),
- “*the transferee*” means—in relation to a merger within subsection (2)(a), the SE,in relation to a merger within subsection (2)(b), the SCE,in relation to a merger within subsection (2)(c) or (d), the company to which assets and liabilities are transferred, and
- “*transferor*” means—in relation to a merger within subsection (2)(a), a company merging to form the SE,in relation to a merger within subsection (2)(b), a co-operative society merging to form the SCE, andin relation to a merger within subsection (2)(c) or (d), a company transferring all of its assets and liabilities.
- (12) In section 807E, “*company A*”, “*the merger*” and “*the merging companies*” have the same meaning as in this section.
##### 807E
- (1) If tax would have been chargeable under the law of one or more other member States in respect of the transfer mentioned in section 807D(6)(a), (b) or (c) but for the Mergers Directive, this Part, including any arrangements having effect by virtue of section 788, is to apply as if that tax had been chargeable.
- (2) In calculating tax notionally chargeable under subsection (1) in respect of the transfer mentioned in section 807D(6)(a) or (b), it is to be assumed—
- (a) that to the extent permitted by the law of the other member State losses arising on that transfer are set against gains arising on that transfer, and
- (b) that any relief due to company A under that law is claimed.
- (3) Subsection (1) does not apply if—
- (a) the merger is not effected for genuine commercial reasons, or
- (b) the merger forms part of a scheme or arrangements of which the main purpose, or one of the main purposes, is avoiding liability to corporation tax, capital gains tax or income tax.
- (4) But subsection (3) does not prevent subsection (1) from applying if before the merger—
- (a) any of the merging companies has applied to the Commissioners for Her Majesty's Revenue and Customs, and
- (b) the Commissioners have notified the merging companies that they are satisfied subsection (3) will not have that effect.
- (5) Sections 427 and 428 of CTA 2009 (procedure and decisions on applications for clearance) have effect in relation to subsection (4) as in relation to section 426(2) of that Act, taking the references in section 428 to section 426(2)(b) as references to subsection (4)(b) of this section.
### Transparent entities involved in cross-border transfers and mergers
##### 807F
- (1) Section 807G applies if, as a result of—
- (a) a relevant loan relationship transaction,
- (b) a relevant derivative contracts transaction, or
- (c) a relevant intangible fixed assets transaction,
tax would have been chargeable under the law of a member State other than the United Kingdom in respect of a relevant profit but for the Mergers Directive.
- (2) In this section “*relevant loan relationship transaction*” means—
- (a) a transfer of a kind which meets condition A or B in section 421 of CTA 2009 or would meet one of those conditions if—
- (i) the business or part of the business transferred were carried on by the transferor in the United Kingdom, and
- (ii) the condition in section 421(3)(c) or (4)(f) of that Act were met,
and in relation to which the transferor or transferee or one of the transferees is a transparent entity, or
- (b) a merger of a kind mentioned in section 431(2) of that Act which meets—
- (i) conditions B to D in section 431,
- (ii) in the case of a merger within section 431(3)(a), (b) or (c), condition E in section 431, and
- (iii) in the case of a merger within section 431(3)(c) or (d), condition F in section 431,
and in relation to which one or more of the merging companies is a transparent entity.
- (3) In this section “*relevant derivative contracts transaction*” means—
- (a) a transfer of a kind which meets condition A or B in section 674 of CTA 2009 or would meet one of those conditions if—
- (i) the business or part of the business transferred were carried on by the transferor in the United Kingdom, and
- (ii) the condition in section 674(2)(c) or (3)(f) of that Act were met,
and in relation to which the transferor is a transparent entity, or
- (b) a merger of a kind mentioned in section 682(2) of that Act which meets—
- (i) conditions B to D in section 682,
- (ii) in the case of a merger within section 682(2)(a), (b) or (c), condition E in section 682, and
- (iii) in the case of a merger within section 682(2)(c) or (d), condition F in section 682,
and in relation to which one or more of the merging companies is a transparent entity.
- (4) In this section “*relevant intangible fixed assets transaction*” means—
- (a) a transfer—
- (i) which is of a kind which meets condition A or B in section 819 of CTA 2009, or would meet one of those conditions if the business or part of the business transferred were carried on by the transferor in the United Kingdom, and
- (ii) in relation to which the transferor or transferee or one of the transferees is a transparent entity, or
- (b) a merger—
- (i) which is of a kind mentioned in section 821(2) of that Act,
- (ii) which meets conditions B and C in section 821,
- (iii) which, if it is a merger within section 821(2)(a), (b) or (c), meets condition D in section 821,
- (iv) which, if it is a merger within section 821(2)(c) or (d), meets condition E in section 821,
- (v) in the course of which no qualifying assets are transferred to which section 818 (company reconstruction involving transfer of business) applies, and
- (vi) in relation to which one or more of the merging companies is a transparent entity.
- (5) In this section “*relevant profit*” means—
- (a) in the case of a transfer within subsection (2)(a), a profit accruing to a transparent entity in respect of a loan relationship (or which would be treated as accruing if it were not transparent) because of the transfer of assets or liabilities representing a loan relationship by the transparent entity to the transferee,
- (b) in the case of a merger within subsection (2)(b), a profit accruing to a transparent entity in respect of a loan relationship (or which would be treated as accruing if it were not transparent) because of the transfer of assets or liabilities representing a loan relationship by the transparent entity to another company in the course of the merger,
- (c) in the case of a transfer within subsection (3)(a), a profit accruing to a transparent entity in respect of a derivative contract (or which would be treated as accruing if it were not transparent) because of the transfer of rights and liabilities under the derivative contract by the transparent entity to the transferee,
- (d) in the case of a merger within subsection (3)(b), a profit accruing to a transparent entity in respect of a derivative contract (or which would be treated as accruing if it were not transparent) because of the transfer of rights and liabilities under the derivative contract by the transparent entity to another company in the course of the merger,
- (e) in the case of a transfer within subsection (4)(a), a profit which would be treated as accruing to a transparent entity in respect of an intangible fixed asset, because of the transfer of intangible fixed assets by the transparent entity, if it were not transparent,
- (f) in the case of a merger within subsection (4)(b), a profit which would be treated as accruing to a transparent entity in respect of an intangible fixed asset, because of the transfer of intangible fixed assets by the transparent entity in the course of the merger, if it were not transparent.
- (6) In this section and section 807G—
- “*company*” means any entity listed as a company in the Annex to the Mergers Directive,
- “*derivative contract*” has the same meaning as in Part 7 of CTA 2009,
- “*intangible fixed assets*” has the same meaning as in Part 8 of CTA 2009,
- “*loan relationship*” has the same meaning as in Part 5 of CTA 2009,
- “*the Mergers Directive*” means Council Directive No. [90/434/EEC](https://www.legislation.gov.uk/european/directive/1990/0434) of 23 July 1990 on mergers, transfers etc, and
- “*transparent entity*” means a company which is resident in a member State other than the United Kingdom and does not have an ordinary share capital.
##### 807G
- (1) This Part, including any arrangements having effect by virtue of section 788, is to apply as if the tax that would have been chargeable as mentioned in section 807F(1) had been chargeable.
- (2) In calculating tax notionally chargeable under subsection (1), it is assumed—
- (a) that to the extent permitted by the law of the other member State mentioned in section 807F(1) losses arising on the relevant transfer are set against profits arising on it, and
- (b) that any relief available under that law is claimed.
- (3) In this section “*the relevant transfer*” means—
- (a) the transfer of assets or liabilities mentioned in paragraph (a) or (b) of section 807F(5),
- (b) the transfer of rights and liabilities mentioned in paragraph (c) or (d) of that section, or
- (c) the transfer of intangible fixed assets mentioned in paragraph (e) or (f) of that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2009-02-21
Income and Corporation Taxes Act 1988
2009-02-03
Income and Corporation Taxes Act 1988
2009-01-01
Income and Corporation Taxes Act 1988
2008-12-27
Income and Corporation Taxes Act 1988
2008-12-01
Income and Corporation Taxes Act 1988
2008-10-29
Income and Corporation Taxes Act 1988
2008-10-28
Income and Corporation Taxes Act 1988
2008-09-08
Income and Corporation Taxes Act 1988
2008-08-12
Income and Corporation Taxes Act 1988
2008-07-22
Income and Corporation Taxes Act 1988
2008-07-21
Income and Corporation Taxes Act 1988
2008-07-08
Income and Corporation Taxes Act 1988
2008-07-01
Income and Corporation Taxes Act 1988
2008-04-06
Income and Corporation Taxes Act 1988
2008-04-01
Income and Corporation Taxes Act 1988
2008-02-19
Income and Corporation Taxes Act 1988
2008-01-03
Income and Corporation Taxes Act 1988
2008-01-01
Income and Corporation Taxes Act 1988
2007-12-28
Income and Corporation Taxes Act 1988
2007-12-27
Income and Corporation Taxes Act 1988
2007-12-06
Income and Corporation Taxes Act 1988
2007-11-29
Income and Corporation Taxes Act 1988
2007-10-01
Income and Corporation Taxes Act 1988
2007-09-01
Income and Corporation Taxes Act 1988
2007-08-14
Income and Corporation Taxes Act 1988
2007-08-13
Income and Corporation Taxes Act 1988
2007-07-19
Income and Corporation Taxes Act 1988
2007-07-17
Income and Corporation Taxes Act 1988
2007-04-17
Income and Corporation Taxes Act 1988
2007-04-06
Income and Corporation Taxes Act 1988
2007-04-01
Income and Corporation Taxes Act 1988
2007-03-29
Income and Corporation Taxes Act 1988
2007-03-21
Income and Corporation Taxes Act 1988
2007-03-01
Income and Corporation Taxes Act 1988
2007-01-08
Income and Corporation Taxes Act 1988
2007-01-01
Income and Corporation Taxes Act 1988
2006-12-31
Income and Corporation Taxes Act 1988
2006-12-26
Income and Corporation Taxes Act 1988
2006-12-12
Income and Corporation Taxes Act 1988
2006-12-06
Income and Corporation Taxes Act 1988
2006-08-11
Income and Corporation Taxes Act 1988
2006-07-19
Income and Corporation Taxes Act 1988
2006-06-09
Income and Corporation Taxes Act 1988
2006-04-06
Income and Corporation Taxes Act 1988
2006-04-01
Income and Corporation Taxes Act 1988
2006-03-22
Income and Corporation Taxes Act 1988
2006-01-06
Income and Corporation Taxes Act 1988
2005-12-27
Income and Corporation Taxes Act 1988
2005-12-05
Income and Corporation Taxes Act 1988
2005-11-01
Income and Corporation Taxes Act 1988
2005-10-05
Income and Corporation Taxes Act 1988
2005-09-27
Income and Corporation Taxes Act 1988
2005-08-12
Income and Corporation Taxes Act 1988
2005-08-11
Income and Corporation Taxes Act 1988
2005-08-03
Income and Corporation Taxes Act 1988
2005-07-24
Income and Corporation Taxes Act 1988
2005-07-20
Income and Corporation Taxes Act 1988
2005-06-08
Income and Corporation Taxes Act 1988
2005-04-07
Income and Corporation Taxes Act 1988
2005-04-06
Income and Corporation Taxes Act 1988
original version
Text at this date