Law

Corporation Tax Act 2010

United Kingdom · statute

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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 1,852 provisions
  1. Title and introductory text
  2. 1 Overview of Act
  3. 2 Overview of Part
  4. 3 Corporation tax rates
  5. 4 Amount of profits to which corporation tax rates applied
  6. 5 Basic rule: sterling to be used
  7. 6 UK resident company operating in sterling and preparing accounts in another currency
  8. 7 UK resident company operating in currency other than sterling and preparing accounts in another currency
  9. 8 UK resident company preparing accounts in currency other than sterling
  10. 9 Non-UK resident company preparing return of accounts in currency other than sterling
  11. 9A Designated currency of a UK resident investment company
  12. 9B Period for which an election under section 9A has effect
  13. 9C Chargeable gains and losses of companies
  14. 10 The equivalent in another currency of a sterling amount
  15. 11 Sterling equivalents: basic rule
  16. 12 Sterling equivalents: carried-back amounts
  17. 13 Sterling equivalents: carried-forward amounts
  18. 14 Carried-back amounts
  19. 15 Carried-forward amounts
  20. 16 Sections 13(2) and 15(5): profit against which carried-forward amount to be set off
  21. 17 Interpretation of Chapter
  22. 18A Profits charged at the standard small profits rate
  23. 18B Marginal relief for companies without ring fence profits
  24. 18C Marginal relief for companies with ring fence profits
  25. 18D The lower limit and the upper limit
  26. 18E Associated companies
  27. 18F Section 18E(3): treatment of certain non-trading companies
  28. 18G Attribution to persons of rights and powers of their partners
  29. 18H Associated companies: fixed-rate preference shares
  30. 18I Association through a loan creditor
  31. 18J Association through a trustee
  32. 18K Power to obtain information
  33. 18L Meaning of “augmented profits”
  34. 18M Interpretation of section 18L(3)
  35. 18N Close investment-holding companies
  36. 35 Overview of Part
  37. 36 Introduction to Chapter
  38. 37 Relief for trade losses against total profits
  39. 38 Limit on deduction if accounting period falls partly within 12 month period
  40. 39 Terminal losses: extension of periods for which relief may be given
  41. 40 Ring fence trades: extension of periods for which relief may be given
  42. 41 Sections 39 and 40: transfers of trade to obtain relief
  43. 42 Ring fence trades: further extension of period for relief
  44. 43 Claim period in case of ring fence or mineral extraction trades
  45. 44 Trade must be commercial or carried on for statutory functions
  46. 45 Carry forward of pre-1 April 2017 trade loss against subsequent trade profits
  47. 45A Carry forward of post-1 April 2017 trade loss against total profits
  48. 45B Carry forward of post-1 April 2017 trade loss against trade profits
  49. 45C Re-application of section 45A if loss remains after previous application
  50. 45D Application of section 45B if loss remains after application of section 45A
  51. 45E Re-application of section 45B if loss remains after previous application
  52. 45F Terminal losses: relief unrestricted by Part 7ZA and 7A
  53. 45G Section 45F: accounting period falling partly within 3 year period
  54. 45H Section 45F: transfers of trade to obtain relief
  55. 46 Use of trade-related interest and dividends if insufficient trade profits
  56. 47 Registered societies
  57. 48 Farming or market gardening
  58. 49 Reasonable expectation of profit
  59. 50 Cessation of trades
  60. 51 Companies treated as same person as individual
  61. 52 Dealings in commodity futures
  62. 53 Leasing contracts and company reconstructions
  63. 54 Non-UK resident company: receipts of interest, dividends or royalties
  64. 55 Introduction to Chapter
  65. 56 Restriction on reliefs for limited partners
  66. 57 Meaning of “contribution to the firm”
  67. 58 Meaning of “limited partner”
  68. 59 Restriction on relief for members of LLPs
  69. 60 Meaning of “contribution to the LLP”
  70. 61 Unrelieved losses brought forward
  71. 62 Relief for losses made in UK property business
  72. 63 Company with investment business ceasing to carry on UK property business
  73. 64 UK property business to be commercial or carried on for statutory functions
  74. 65 UK furnished holiday lettings business treated as trade
  75. 66 Relief for losses made in overseas property business
  76. 67 Overseas property business to be commercial or carried on for statutory functions
  77. 67A EEA furnished holiday lettings business treated as trade
  78. 67B Exclusion in the case of property businesses of insurance companies
  79. 68 Share loss relief
  80. 69 Eligibility conditions
  81. 70 Entitlement to claim
  82. 71 How relief works
  83. 72 Limit on deduction if accounting period falls partly within 12 month period
  84. 73 Subscription for shares
  85. 74 Disposals of new shares
  86. 75 Limits on relief
  87. 76 Disposal of shares forming part of mixed holding
  88. 77 Section 76: supplementary
  89. 78 Qualifying trading companies
  90. 79 The trading requirement
  91. 80 Ceasing to meet trading requirement because of administration etc
  92. 81 The control and independence requirement
  93. 82 The qualifying subsidiaries requirement
  94. 83 The property managing subsidiaries requirement
  95. 84 The gross assets requirement
  96. 85 The unquoted status requirement
  97. 86 Power to amend requirements by Treasury order
  98. 87 Relief after an exchange of shares for shares in another company
  99. 88 Substitution of new shares for old shares
  100. 89 Deemed time of issue for certain shares
  101. 90 Interpretation of Chapter
  102. 91 Relief for losses from miscellaneous transactions
  103. 92 Loss relief to be reduced if government investment is written off
  104. 93 Groups of companies
  105. 94 Cases in which government investment is written off
  106. 95 Meaning of “carry-forward losses”
  107. 96 Interaction with other tax provisions
  108. 97 Introduction to Part
  109. 98 Overview of Chapter
  110. 99 Surrendering of losses and other amounts
  111. 100 Meaning of “trading loss”
  112. 101 Meaning of “capital allowance excess”
  113. 102 Meaning of “UK property business loss”
  114. 103 Meaning of “management expenses”
  115. 104 Meaning of “non-trading loss on intangible fixed assets”
  116. 105 Restriction on surrender of losses etc within section 99(1)(d) to (g)
  117. 106 Restriction on losses etc surrenderable by UK resident
  118. 107 Restriction on losses etc surrenderable by non-UK resident
  119. 108 Meaning of “non-UK profits”
  120. 109 Restriction on losses etc surrenderable by dual resident
  121. 110 Restriction on surrender of losses etc from alternative finance arrangements
  122. 111 Overview of Chapter
  123. 112 EEA related definitions
  124. 113 Steps to determine extent to which loss etc can be surrendered
  125. 114 The equivalence condition
  126. 115 The EEA tax loss condition: companies resident in EEA territory
  127. 116 The EEA tax loss condition: companies not resident in EEA territory
  128. 117 The qualifying loss condition: general
  129. 118 The qualifying loss condition: relief for current and previous periods
  130. 119 The qualifying loss condition: relief for future periods
  131. 120 The qualifying loss condition: non-UK tax relief in another territory
  132. 121 The precedence condition
  133. 122 Assumptions to be made in recalculating EEA amount
  134. 123 Assumptions as to UK residence
  135. 124 Assumptions as to places in which activities carried on
  136. 125 Assumptions as to accounting periods
  137. 126 Assumptions in relation to capital allowances
  138. 127 Amounts excluded because of certain arrangements
  139. 128 Rules for recalculating EEA amount
  140. 129 Overview of Chapter
  141. 130 Group relief claims on amounts surrenderable under Chapter 2
  142. 131 The group condition
  143. 132 Consortium condition 1
  144. 133 Consortium conditions 2 and 3
  145. 134 Meaning of “UK related” company
  146. 134A Companies “established in the EEA”
  147. 135 Group relief claims on amounts surrenderable under Chapter 3
  148. 136 The EEA group condition
  149. 137 Deduction from total profits
  150. 138 Limitation on amount of group relief applying to all claims
  151. 139 Unused part of the surrenderable amounts
  152. 140 Unrelieved part of claimant company's available total profits
  153. 141 Sections 139 and 140: supplementary
  154. 142 Meaning of “the overlapping period”
  155. 143 Condition 1: surrendering company owned by consortium
  156. 144 Condition 1: claimant company owned by consortium
  157. 145 Conditions 2 and 3: limitations in sections 143 and 144
  158. 146 Conditions 2 and 3: companies in link company's group
  159. 146A Conditions 1 and 2: surrendering company not controlled by claimant company etc
  160. 146B Conditions 1 and 3: claimant company not controlled by surrendering company etc
  161. 147 Conditions 1 and 2: surrenderable amounts including trading loss
  162. 148 Conditions 1 and 2: surrendering company in group of companies
  163. 149 Conditions 1 and 3: claimant company in group of companies
  164. 150 Overview of Chapter
  165. 151 Meaning of “75% subsidiary” and “90% subsidiary”
  166. 152 Groups of companies
  167. 153 Companies owned by consortiums and members of consortiums
  168. 154 Arrangements for transfer of member of group of companies etc
  169. 155 Arrangements for transfer of company owned by consortium etc
  170. 155A Certain arrangements not within sections 154 and 155
  171. 155B Certain mortgage arrangements not within sections 154 and 155
  172. 156 Sections 154 and 155: supplementary
  173. 157 Introduction to Chapter
  174. 158 Meaning of “equity holder”
  175. 159 Use of relevant company's assets
  176. 160 Meaning of “ordinary shares”
  177. 161 Meaning of “restricted right to dividends”
  178. 162 Meaning of “normal commercial loan”
  179. 163 Normal commercial loans: company's results or value of assets
  180. 164 Sections 160 and 162: supplementary
  181. 164A Loan forming part of tier two capital
  182. 165 Proportion of profits available for distribution to which company is entitled
  183. 166 Proportion of assets available for distribution to which company is entitled
  184. 167 Profits or assets available for distribution and entitlement: supplementary
  185. 168 Meaning of “the relevant accounting period”
  186. 169 Application and interpretation of sections 170 to 182
  187. 170 Shares or securities with limited rights
  188. 171 Shares or securities with temporary rights
  189. 172 Company A's proportion if shares etc have temporary rights
  190. 173 Cases in which option arrangements are in place
  191. 174 Company A's proportion if option arrangements in place
  192. 174A Certain option arrangements not within section 173
  193. 174B Certain mortgage arrangements not within section 173
  194. 175 Cases in which both sections 170 and 172 apply
  195. 176 Cases in which both sections 170 and 174 apply
  196. 177 Cases in which both sections 172 and 174 apply
  197. 178 Cases in which sections 170, 172 and 174 all apply
  198. 179 Cases in which surrendering or claimant company is non-UK resident
  199. 180 Company A's proportion if non-UK resident involved
  200. 181 Assumptions to be applied if non-UK resident company involved
  201. 182 Assets etc referable to UK trade
  202. 183 Payments for group relief
  203. 184 References to “allowance” in CAA 2001
  204. 185 “Trading company” and “holding company”
  205. 186 When activities of a company are double taxation exempt
  206. 187 “Non-UK tax”
  207. 188 Other definitions
  208. 188AA Introduction to Part
  209. 188BA Overview of Chapter
  210. 188BB Surrender of carried-forward losses and other amounts
  211. 188BC Restriction on surrendering pre-1 April 2017 losses etc
  212. 188BD Restriction where investment business has become small or negligible
  213. 188BE Restriction where surrendering company could use losses etc itself
  214. 188BF Restriction where surrendering company has no income-generating assets
  215. 188BG Restrictions for certain insurance companies
  216. 188BH Restriction on surrender of losses etc made when UK resident
  217. 188BI Restriction on surrender of losses made when non-UK resident
  218. 188BJ Restriction on surrender losses etc made when dual resident
  219. 188CA Overview of Chapter
  220. 188CB Claims in relation to all the surrenderable amounts
  221. 188CC Claims in relation to the surrenderable amounts that are attributable to a specified accounting period
  222. 188CD Claim not allowed by company with unused carried-forward losses of its own
  223. 188CE The group condition
  224. 188CF Consortium condition 1
  225. 188CG Consortium condition 2
  226. 188CH Consortium condition 3
  227. 188CI Consortium condition 4
  228. 188CJ Meaning of “UK related” company
  229. 188CK Deductions from total profits
  230. 188DA Overview
  231. 188DB Limitation on amount of relief applying to all claims under section 188CB
  232. 188DC Unused part of the surrenderable amounts
  233. 188DD Claimant company's relevant maximum for overlapping period
  234. 188DE Previously claimed group relief for carried-forward losses
  235. 188DF Sections 188DC to 188DE: supplementary
  236. 188DG Sections 188DC and 188DE: meaning of “the overlapping period”
  237. 188DH Condition 1: ownership proportion
  238. 188DI Condition 2: ownership proportion
  239. 188DJ Condition 2: companies in link company's group
  240. 188DK Conditions 1 and 2: claimant company not controlled by surrendering company etc
  241. 188DL Conditions 1 and 2: claimant company in group of companies
  242. 188EA Overview of Chapter
  243. 188EB Limitation on amount of relief applying to all claims under section 188CC
  244. 188EC Unused part of surrenderable amounts attributable to specified loss-making period
  245. 188ED Claimant company's relevant maximum for the overlapping period
  246. 188EE Previously claimed group relief for carried-forward losses
  247. 188EF The potential Part 5 group relief amount
  248. 188EG Sections 188EC to 188EE: supplementary
  249. 188EH Sections 188EC and 188EE: meaning of “the overlapping period”
  250. 188EI Condition 4: companies in link company's group
  251. 188EJ Condition 3 or 4: surrendering company not controlled by claimant company etc
  252. 188EK Condition 3 or 4: surrendering company in group of companies
  253. 188FA Payments for group relief for carried-forward losses
  254. 188FB Subsidiaries, groups and consortiums
  255. 188FC “Trading company” and “holding company”
  256. 188FD Other definitions
  257. 189 Relief for qualifying charitable donations
  258. 190 Qualifying charitable donations: meaning
  259. 191 Qualifying payments
  260. 192 Condition as to repayment
  261. 193 Associated acquisition etc
  262. 194 Distributions
  263. 195 Associated benefits
  264. 196 Associated benefits: meaning
  265. 197 Restrictions on associated benefits
  266. 198 Payments and benefits linked to periods of less than 12 months
  267. 199 Payment attributed to earlier accounting period
  268. 200 Company wholly owned by a charity
  269. 201 Associated persons
  270. 202 “Charity”
  271. 202A “Registered club”
  272. 202B Restriction on relief for payments to community amateur sports clubs
  273. 202C “Inflated member-related expenditure”
  274. 203 Certain disposals of investments
  275. 204 Meaning of qualifying investment
  276. 205 Meaning of qualifying interest in land
  277. 206 The relievable amount
  278. 207 Incidental costs of making disposal
  279. 208 Consideration
  280. 209 Value of net benefit to charity
  281. 210 Market value of qualifying investments
  282. 210A Acquisition value of qualifying investments
  283. 211 Meaning of “disposal-related obligation”
  284. 212 Meaning and amount of “disposal-related liability”
  285. 213 Certificate required from charity
  286. 214 Qualifying interests in land held jointly
  287. 215 Calculation of relievable amount etc where joint disposal of interest in land
  288. 216 Disqualifying events
  289. 217 “Charity”
  290. 217A Relief for expenditure on grassroots sport
  291. 217B Meaning of qualifying expenditure on grassroots sport
  292. 217C Meaning of qualifying sport body
  293. 217D Relationship between this Part and Part 6
  294. 218 Meaning of “CITR”
  295. 219 Eligibility for CITR
  296. 220 Form and amount of CITR
  297. 220A Carry forward of CITR
  298. 220B Limit on State aid
  299. 221 Meaning of “making an investment”
  300. 222 Determination of “the invested amount”
  301. 223 Meaning of “the 5 year period” and “the investment date”
  302. 224 Overview of other Chapters of Part
  303. 225 Qualifying investments: introduction
  304. 226 Conditions to be met in relation to loans
  305. 227 Conditions to be met in relation to securities
  306. 228 Conditions to be met in relation to shares
  307. 229 Tax relief certificates
  308. 230 No pre-arranged protection against risks
  309. 231 No control of CDFI by investor
  310. 232 Investor must have beneficial ownership
  311. 233 Investor must not be accredited
  312. 234 No acquisition of share in partnership
  313. 235 No tax avoidance purpose
  314. 236 Loans: no claim after disposal or excessive repayments or receipts of value
  315. 237 Securities or shares: no claim after disposal or excessive receipts of value
  316. 238 No claim after loss of accreditation by the CDFI
  317. 239 Accreditation of investor
  318. 240 Attribution: general
  319. 241 Attribution: bonus shares
  320. 242 Introduction to Chapter
  321. 243 Disposal of loan during 5 year period
  322. 244 Disposal of securities or shares during 5 year period
  323. 245 Repayment of loan capital during 5 year period
  324. 246 Value received by investor during 6 year period: loans
  325. 247 Value received by investor during 6 year period: securities or shares
  326. 248 Receipts of insignificant value to be added together
  327. 249 When value is received
  328. 250 The amount of value received
  329. 251 Value received if there is more than one investment
  330. 252 Effect of receipt of value on future claims
  331. 253 Receipts of value by or from connected persons
  332. 254 CITR subsequently found not to have been due
  333. 255 Manner of withdrawal or reduction of CITR
  334. 256 Meaning of “loan” and “interest”
  335. 257 Purchase and resale arrangements
  336. 258 Deposit arrangements
  337. 259 Profit share agency arrangements
  338. 260 Information to be provided by the investor
  339. 261 Disclosure
  340. 262 Nominees
  341. 263 Application for postponement of tax pending appeal
  342. 264 Identification of securities or shares on a disposal
  343. 265 Meaning of “issue of securities or shares”
  344. 266 Meaning of “disposal”
  345. 267 Construction of references to being “held continuously”
  346. 268 Meaning of “associate”
  347. 269 Minor definitions etc
  348. 269ZA Overview of Part
  349. 269ZB Restriction on deductions from trading profits
  350. 269ZBA Restriction on deductions from chargeable gains
  351. 269ZC Restriction on deductions from non-trading profits
  352. 269ZD Restriction on deductions from total profits
  353. 269ZDA References to a company’s “deductions allowance”
  354. 269ZE Restriction on deductions from total profits: insurance companies
  355. 269ZF “Relevant trading profits”, “total relevant non-trading profits” etc
  356. 269ZFA “Relevant profits”
  357. 269ZFB Modifications for certain insurance companies
  358. 269ZFC Restriction on deductions of non-BLAGAB allowable losses from BLAGAB chargeable gains
  359. 269ZG General insurance companies: excluded accounting periods
  360. 269ZH “Insolvency procedures”
  361. 269ZI “Qualifying latent claims”
  362. 269ZJ Exclusion of shock losses from restrictions
  363. 269ZK Meaning of “shock loss”: requirement to make a claim
  364. 269ZL Further provision about claims under section 269ZK
  365. 269ZM Meaning of “solvency shock period”
  366. 269ZN Determination of shock loss threshold
  367. 269ZO Calculation of solvency loss
  368. 269ZP Interpretation of sections 269ZJ to 269ZO
  369. 269ZQ Power to amend
  370. 269ZR Deductions allowance for company in a group
  371. 269ZS Group deductions allowance and the nominated company
  372. 269ZSA Group allowance nomination: former groups
  373. 269ZT Group allowance allocation statement: submission
  374. 269ZU Group allowance allocation statement: submission of revised statement
  375. 269ZV Group allowance allocation statement: requirements and effects
  376. 269ZVA Group allowance allocation statement: former groups
  377. 269ZW Deductions allowance for company not in a group
  378. 269ZWA Increase of deductions allowance for insolvent companies
  379. 269ZX Increase of deductions allowance in connection with onerous or impaired leases
  380. 269ZY Meaning of “relevant reversal credit”
  381. 269ZYZA Other relevant credits
  382. 269ZYA Deductions allowance for company without a source of chargeable income
  383. 269ZYB Provisional application of section 269ZYA
  384. 269ZZ Company tax return to specify amount of deductions allowance
  385. 269ZZA Excessive specifications of deductions allowance
  386. 269ZZB Meaning of “group”
  387. 269A Overview of Part
  388. 269B Meaning of “banking company”
  389. 269BA Excluded entities
  390. 269BB Relevant regulated activities
  391. 269BC Banking companies: supplementary definitions
  392. 269BD Meaning of “group”
  393. 269BE Powers to amend
  394. 269C Overview of Chapter
  395. 269CA Restriction on deductions for trading losses
  396. 269CB Restriction on deductions for non-trading deficits from loan relationships
  397. 269CC Restriction on deductions for management expenses etc
  398. 269CD Relevant profits
  399. 269CE Losses arising before company began banking activity
  400. 269CF Losses arising in company's start-up period
  401. 269CG The “start-up period”
  402. 269CH Losses covered by carried-forward loss allowance
  403. 269CI Allocation of carried-forward loss allowance within a group
  404. 269CJ Re-allocation of carried-forward loss allowance
  405. 269CK Profits arising from tax arrangements to be disregarded
  406. 269CL When a company first begins to carry on relevant regulated activities
  407. 269CM Joint venture companies
  408. 269CN Other definitions
  409. 269D Overview of Chapter
  410. 269DA Surcharge on banking companies
  411. 269DB Meaning of “non-banking group relief”
  412. 269DBA Meaning of “non-banking group relief for carried-forward losses”
  413. 269DC Meaning of “non-banking or pre-2016 loss relief”
  414. 269DCA Meaning of “non-banking transferred-in loss relief”
  415. 269DD Meaning of “relevant transferred-out gain” and “non-banking transferred-in gain”
  416. 269DE Surcharge allowance for banking company in a group containing other banking companies
  417. 269DF Group surcharge allowance and the nominated company
  418. 269DG Group allowance allocation statement: submission
  419. 269DH Group allowance allocation statement: submission of revised statement
  420. 269DI Group allowance allocation statement: requirements and effect
  421. 269DJ Surcharge allowance for company not in a group containing other banking companies
  422. 269DK Excessive specifications of available surcharge allowance
  423. 269DL Application of enactments applying to corporation tax: assessment, recovery, double taxation etc
  424. 269DM Payments in respect of the surcharge: information to be provided
  425. 269DN Profit and loss shifting to avoid or reduce surcharge liability
  426. 269DO Interpretation
  427. 270 Overview of Part
  428. 271 “Associated companies”
  429. 272 “Oil extraction activities”
  430. 273 “Oil rights”
  431. 274 “Oil-related activities”
  432. 275 “Ring fence income”
  433. 276 “Ring fence profits”
  434. 277 “Ring fence trade”
  435. 278 Other definitions
  436. 279 Oil-related activities treated as separate trade
  437. 279A Corporation tax rates on ring fence profits
  438. 279B Company with only ring fence profits
  439. 279C Company with ring fence profits and other profits
  440. 279D The ring fence amount
  441. 279DA The remaining amount
  442. 279E The lower limit and the upper limit
  443. 279EA Interpretation etc
  444. 279F “Related 51% group company”
  445. 279G “Augmented profits”
  446. 279H Interpretation of section 279G(3) and (4)
  447. 280 Disposal to be valued by reference to section 2(5A) of OTA 1975
  448. 281 Valuation where market value taken into account under section 2 of OTA 1975
  449. 282 Valuation where disposal not sale at arm's length
  450. 283 Valuation where excess of nominated proceeds
  451. 284 Valuation where relevant appropriation but no disposal
  452. 285 Valuation where appropriation to refining etc
  453. 285A Restriction on hire etc of relevant assets to be brought into account
  454. 286 Restriction on debits to be brought into account
  455. 287 Restriction on credits to be brought into account
  456. 287A Restriction where debits or credits relate to decommissioning security settlement
  457. 288 Sale and lease-back
  458. 289 Reduction of expenditure by reference to regional development grant
  459. 290 Adjustment as a result of regional development grant
  460. 291 Tariff receipts etc
  461. 291A Meaning of “tariff receipt”
  462. 291B Tariff receipts: counteraction of avoidance arrangements
  463. 292 Expenditure on abandonment guarantees
  464. 293 Relief for reimbursement expenditure under abandonment guarantees
  465. 294 Payment under abandonment guarantee not immediately applied
  466. 295 Amounts excluded from section 293(1)
  467. 296 Introduction to section 297
  468. 297 Relief for expenditure incurred by a participator in meeting defaulter's abandonment expenditure
  469. 298 Reimbursement by defaulter in respect of certain abandonment expenditure
  470. 298A Receipts arising from decommissioning
  471. 299 Deduction of PRT in calculating income for corporation tax purposes
  472. 300 Effect of repayment of PRT: general rule
  473. 301 Effect of repayment of PRT: special rule
  474. 302 Interest on repayment of PRT or APRT
  475. 303 Management expenses
  476. 303A Introduction to sections 303B to 303D: post-1 April 2017 non-decommissioning losses of ring fence trades
  477. 303B Carry forward of losses against subsequent profits
  478. 303C Excess carried forward losses: relief against total profits
  479. 303D Further carry forward against subsequent profits of loss not fully used
  480. 304 Losses
  481. 305 Group relief and group relief for carried-forward losses
  482. 306 Capital allowances
  483. 307 Overview of Chapter
  484. 308 Qualifying companies
  485. 309 Accounting periods
  486. 310 The relevant percentage
  487. 311 Limit on number etc of accounting periods for which supplement may be claimed
  488. 312 Qualifying pre-commencement expenditure
  489. 313 Unrelieved group ring fence profits for accounting periods
  490. 314 Taxable ring fence profits for an accounting period
  491. 315 Supplement in respect of a pre-commencement accounting period
  492. 316 The mixed pool of qualifying pre-commencement expenditure and supplement previously allowed
  493. 317 Reduction in respect of disposal receipts under CAA 2001
  494. 318 Reduction in respect of unrelieved group ring fence profits
  495. 318A Adjustment of pool to remove pre-2013 expenditure after the initial 6 periods
  496. 319 The reference amount for a pre-commencement period
  497. 320 Claims for pre-commencement supplement
  498. 321 Supplement in respect of a post-commencement period
  499. 322 Amount of post-commencement supplement for a post-commencement period
  500. 323 Ring fence losses
  501. 324 Special rule for straddling periods
  502. 325 The pool of ring fence losses and the pool of non-qualifying Schedule 19B losses
  503. 326 The ring fence pool
  504. 327 Reductions in respect of relief for carried-forward ring fence losses
  505. 328 Reductions in respect of unrelieved group ring fence profits
  506. 328A Adjustment of pool to remove pre-2013 losses after the initial 6 periods
  507. 329 The reference amount for a post-commencement period
  508. 330 Supplementary charge in respect of ring fence trades
  509. 330ZA Ordering of allowances
  510. 330A Decommissioning expenditure taken into account in calculating ring fence profits
  511. 330B Decommissioning expenditure taken into account for PRT purposes
  512. 330C Meaning of “decommissioning expenditure”
  513. 331 Meaning of “financing costs” etc
  514. 332 Assessment, recovery and postponement of supplementary charge
  515. 332A Overview
  516. 332B Meaning of “qualifying oil field”
  517. 332BA Meaning of “investment expenditure”
  518. 332C Generation of investment allowance
  519. 332CA Expenditure incurred before field is determined
  520. 332D Expenditure on acquisition of asset: disqualifying conditions
  521. 332DA Restriction where field qualified for field allowance as new field
  522. 332DB Restriction where project in additionally-developed field qualified for field allowance
  523. 332DC Restriction relating to fields qualifying for onshore allowance
  524. 332E Reduction of adjusted ring fence profits
  525. 332EA Carrying forward of activated allowance
  526. 332F Activation of allowance: no change of equity share
  527. 332FA The closing balance of unactivated allowance for an accounting period
  528. 332FB Activation limit for former additionally-developed fields
  529. 332FC Carrying forward of unactivated allowance
  530. 332G Reference periods
  531. 332H Activation of allowance: reference periods
  532. 332HA Unactivated amounts attributable to a reference period
  533. 332HB Carry-forward of unactivated allowance from a reference period
  534. 332I Introduction to sections 332IA and 332IB
  535. 332IA Reduction of allowance if equity is disposed of
  536. 332IB Acquisition of allowance if equity acquired
  537. 332J Adjustments
  538. 332JA Regulations amending specified percentages
  539. 332K When expenditure is incurred
  540. 332KA Other definitions
  541. 356B Overview
  542. 356BA “Onshore oil-related activities”
  543. 356BB The activities
  544. 356BC “Site”
  545. 356C Generation of onshore allowance
  546. 356CA Disqualifying conditions for section 356C(4)(b)
  547. 356CAA Expenditure on acquisition of asset: further disqualifying conditions
  548. 356CB Expenditure not related to an established site
  549. 356D Reduction of adjusted ring fence profits
  550. 356DA Carrying forward of activated allowance
  551. 356DB Companies with both field allowances and onshore allowance
  552. 356E Activation of allowance: no change of equity share
  553. 356EA The closing balance of unactivated allowance for an accounting period
  554. 356EB Carrying forward of unactivated allowance
  555. 356F Transfer of allowances between sites
  556. 356G Introduction to sections 356GA to 356GD
  557. 356GA Reference periods
  558. 356GB Activation of allowance: reference periods
  559. 356GC Carry-forward of unactivated allowance from a reference period
  560. 356GD Unactivated amounts attributable to a reference period
  561. 356H Introduction to sections 356HA and 356HB
  562. 356HA Reduction of allowance if equity disposed of
  563. 356HB Acquisition of allowance if equity acquired
  564. 356I Adjustments
  565. 356IA Orders
  566. 356IB “Authorisation of development”: oil fields
  567. 356J “Authorisation of development”: drilling and extraction sites
  568. 356JA When capital expenditure is incurred
  569. 356JB Other definitions
  570. 356JC Overview
  571. 356JD Meaning of “cluster area”
  572. 356JDA Meaning of “previously authorised oil field”
  573. 356JE Meaning of “investment expenditure”
  574. 356JF Generation of cluster area allowance
  575. 356JFA Expenditure on acquisition of asset: disqualifying conditions
  576. 356JG Reduction of adjusted ring fence profits
  577. 356JGA Carrying forward of activated allowance
  578. 356JH Activation of allowance: no change of equity share
  579. 356JHA The closing balance of unactivated allowance for an accounting period
  580. 356JHB Carrying forward of unactivated allowance
  581. 356JI Reference periods
  582. 356JJ Activation of allowance: reference periods
  583. 356JJA Unactivated amounts attributable to a reference period
  584. 356JJB Carry-forward of unactivated allowance from a reference period
  585. 356JK Disposal of equity share: transfer of allowance
  586. 356JKA More than one disposal on a single day
  587. 356JKB Effect of transfer of allowance for transferee
  588. 356JL Use of allowance attributable to unlicensed area
  589. 356JM Adjustments
  590. 356JMA Regulations amending percentage in section 356JF(2)
  591. 356JN When capital expenditure is incurred
  592. 356JNA Licensed sub-areas
  593. 356JNB Other definitions
  594. 356K Overview of Part
  595. 356L “Oil contractor activities” etc
  596. 356LA “Relevant asset”
  597. 356LB “Associated person”
  598. 356LC “Lease”
  599. 356LD “Contractor's ring fence profits”
  600. 356M Oil contractor activities treated as separate trade
  601. 356N Restriction on hire etc of relevant assets to be brought into account
  602. 356NA Restriction on hire: further provision
  603. 356NB Restriction on debits to be brought into account
  604. 356NC Restriction on credits to be brought into account
  605. 356ND Management expenses
  606. 356NE Losses
  607. 356NF Group relief and group relief for carried-forward losses
  608. 356NG Capital allowances
  609. 356NH Restriction on deductions from contractor's ring fence profits
  610. 356NI Deductions allowances where company has contractor's ring fence profits
  611. 356NJ Modification of provisions restricting the use of losses
  612. 356OA Overview of Part
  613. 356OB Disposals of land in the United Kingdom
  614. 356OC Disposals of land: profits treated as trading profits
  615. 356OD Disposals of property deriving its value from land in the United Kingdom
  616. 356OE Disposals within section 356OD: profits treated as trading profits
  617. 356OF Profits and losses
  618. 356OG The chargeable company
  619. 356OH Fragmented activities
  620. 356OI Calculation of profit or gain on disposal
  621. 356OJ Apportionments
  622. 356OK Arrangements for avoiding tax
  623. 356OL Profits attributable to period before relevant activities etc began
  624. 356OM Tracing value
  625. 356ON Relevance of transactions, arrangements, etc
  626. 356OO “Another person”
  627. 356OP “Arrangement”
  628. 356OQ “Disposal”
  629. 356OR “Land” and related expressions
  630. 356OS References to realising a gain
  631. 356OT Related parties
  632. 357A Election for special treatment of profits from patents etc
  633. 357B Meaning of “qualifying company”
  634. 357BA Meaning of “exclusive licence”
  635. 357BB Rights to which this Part applies
  636. 357BBA Rights to which this Part applies: EU rights
  637. 357BC The development condition
  638. 357BD Meaning of “qualifying development”
  639. 357BE The active ownership condition
  640. 357BF Relevant IP profits
  641. 357BG Finance income
  642. 357BH Relevant IP income
  643. 357BHA Notional royalty
  644. 357BHB Excluded income
  645. 357BHC Mixed sources of income
  646. 357BI Excluded debits
  647. 357BIA Certain amounts not to be deducted from sub-streams at Step 4 of section 357BF
  648. 357BJ Routine return figure
  649. 357BJA Routine deductions
  650. 357BJB Deductions that are not routine deductions
  651. 357BK Marketing assets return figure
  652. 357BKA Notional marketing royalty
  653. 357BKB Actual marketing royalty
  654. 357BL Introduction
  655. 357BLA The R&D fraction
  656. 357BLB Qualifying expenditure on relevant R&D undertaken in-house
  657. 357BLC Qualifying expenditure on relevant R&D sub-contracted to unconnected persons
  658. 357BLD Qualifying expenditure on relevant R&D sub-contracted to connected persons
  659. 357BLE Qualifying expenditure on acquisition of relevant qualifying IP rights
  660. 357BLEA Cases where the company is a party to a CSA
  661. 357BLF Meaning of the “relevant period” etc
  662. 357BLG Cases where the company is a new entrant with insufficient information about pre-enactment expenditure
  663. 357BLH R&D fraction: increase for exceptional circumstances
  664. 357BM Profits arising before grant of right
  665. 357BN Small claims treatment
  666. 357BNA Notional royalty election
  667. 357BNB Small claims figure election
  668. 357BNC Global streaming election
  669. 357BO Relevant IP profits
  670. 357BP Meaning of “new qualifying IP right” and “old qualifying IP right”
  671. 357BQ The modifications
  672. 357C Relevant IP profits
  673. 357CA Total gross income of a trade
  674. 357CG Adjustments in calculating profits of trade
  675. 357CH Shortfall in R&D expenditure
  676. 357CHA Shortfall in qualifying expenditure
  677. 357CI Routine return figure
  678. 357CJ Routine deductions
  679. 357CK Deductions that are not routine deductions
  680. 357CL Companies eligible to elect for small claims treatment
  681. 357CM Small claims amount
  682. 357CN Marketing assets return figure
  683. 357CO Notional marketing royalty
  684. 357CP Actual marketing royalty
  685. 357CQ Profits arising before grant of right
  686. 357D Alternative method of calculating relevant IP profits: “streaming”
  687. 357DA Relevant IP profits
  688. 357DB Method of allocation
  689. 357DC The mandatory streaming conditions
  690. 357E Company with relevant IP losses: set-off amount
  691. 357EA Effect of set-off amount on company with more than one trade
  692. 357EB Allocation of set-off amount within a group
  693. 357EC Carry-forward of set-off amount
  694. 357ED Company ceasing to carry on trade, etc
  695. 357EE Transfer of a trade between group members
  696. 357EF Payments between group members in consequence of section 357EB
  697. 357F Licences conferring exclusive rights
  698. 357FA Incorporation of qualifying items
  699. 357FB Tax advantage schemes
  700. 357G Making of election under section 357A(1) or (11)(b)
  701. 357GA Revocation of election made under section 357A(1)
  702. 357GB Application of this Part in relation to partnerships
  703. 357GC Meaning of “cost-sharing arrangement
  704. 357GCZA Qualifying IP right held by another party to CSA
  705. 357GCZB Exclusive licence held by another party to CSA
  706. 357GCZC R&D undertaken or contracted out by another party to CSA
  707. 357GCZD Acquisition of qualifying IP rights etc by another party to CSA
  708. 357GCZE Treatment of expenditure in connection with formation of CSA etc
  709. 357GCZF Treatment of income in connection with formation of CSA etc
  710. 357GCA Application of this Part in relation to transferred trades
  711. 357GD Meaning of “group”
  712. 357GE Other interpretation
  713. 357H Introduction
  714. 357I The Northern Ireland rate
  715. 357IA Power of Northern Ireland Assembly to set Northern Ireland rate
  716. 357J Introductory
  717. 357JA Profits chargeable to corporation tax and rates
  718. 357JB Availability of relief
  719. 357JC Restriction on deductions
  720. 357JD Availability of relief
  721. 357JE Restriction on deductions
  722. 357JF Availability of relief
  723. 357JG Restriction on deductions
  724. 357JH Modifications of Chapter 4 of Part 5
  725. 357JHA Availability of relief
  726. 357JHB Restriction on deductions
  727. 357JHC Modifications of Chapter 4 of Part 5A
  728. 357JHD Modifications of Chapter 5 of Part 5A
  729. 357JI Transfers of trade without a change of ownership
  730. 357JJ Restricted deduction: Northern Ireland rate lower than main rate
  731. 357K Application of Chapter
  732. 357KA “Northern Ireland company”
  733. 357KB “Qualifying trade”
  734. 357KC “SME”
  735. 357KD “Northern Ireland employer”
  736. 357KE Northern Ireland workforce conditions
  737. 357KEA “Disqualified close company”
  738. 357L Northern Ireland regional establishments of companies
  739. 357LA Agent of independent status
  740. 357LB Alternative finance arrangements
  741. 357LC The independent broker condition
  742. 357LD The independent investment manager conditions
  743. 357LE Investment managers: the 20% rule
  744. 357LF Section 357LE: interpretation
  745. 357LG Application of 20% rule to collective investment schemes
  746. 357LH Meaning of “investment manager” and “investment transaction”
  747. 357LI Lloyd's agents
  748. 357LJ Investment managers: disregard of certain chargeable profits
  749. 357LK Miscellaneous
  750. 357M Introductory
  751. 357MA Northern Ireland profits or losses and mainstream profits or losses
  752. 357MB Profit imputed to back-office activities
  753. 357N Introductory
  754. 357NA Northern Ireland profits or losses and mainstream profits or losses
  755. 357NB Profit imputed to Northern Ireland back-office activities
  756. 357NC The separate enterprise principle
  757. 357ND Transactions treated as being on arm's length terms
  758. 357NE Provision of goods or services for NIRE
  759. 357NF Allowable deductions
  760. 357NG Deductions attributable to the NIRE for costs
  761. 357NH Payments and receipts in respect of intangible assets
  762. 357NI Interest or other financing costs and receipts
  763. 357NJ Losses
  764. 357NK Trade includes office
  765. 357O Introductory
  766. 357OA Rules affecting calculation of Northern Ireland profits or losses
  767. 357OB Northern Ireland intangibles credits and debits: SMEs that are Northern Ireland employers
  768. 357OC Northern Ireland intangibles credits and debits: SMEs that are not Northern Ireland employers and large companies
  769. 357OD “Realisation credit” and “realisation debit”
  770. 357OE The Northern Ireland element of a realisation credit or debit
  771. 357OF Northern Ireland element: general rule
  772. 357OG Northern Ireland element: credits where roll-over relief involved
  773. 357OH Pre-commencement asset
  774. 357OI Goodwill
  775. 357OJ Assets representing production expenditure on films
  776. 357OK Fungible assets
  777. 357OL Realisation and acquisition of fungible assets
  778. 357OM Assets whose value derives from pre-commencement assets
  779. 357ON The pre-commencement status conditions
  780. 357OO Assets acquired in connection with disposals of pre-commencement assets
  781. 357OP Interpretation of Chapter
  782. 357P Introduction and interpretation
  783. 357PA R&D expenditure credit ...
  784. 357PB Additional deduction under section 1044 of CTA 2009
  785. 357PC Tax credit under section 1054 of CTA 2009: entitlement
  786. 357PD Tax credit under section 1054 of CTA 2009: amount of tax credit
  787. 357PE Restriction on losses carried forward where tax credit claimed
  788. 357PF Additional deduction under section 1087 of CTA 2009
  789. 357Q Introduction and interpretation
  790. 357QA Additional deduction
  791. 357QB Tax credit: entitlement
  792. 357QC Tax credit: amount of tax credit
  793. 357QD Restriction on losses carried forward where tax credit claimed
  794. 357QE Application and interpretation
  795. 357QF Expenditure credit to count towards mainstream profits or losses
  796. 357QG Carrying forward of production losses
  797. 357QH Transfer of terminal loss
  798. 357R Introduction and interpretation
  799. 357RA Northern Ireland additional deduction
  800. 357RB Northern Ireland supplementary deduction
  801. 357RC Northern Ireland supplementary deduction: amount
  802. 357RD Film tax credit: Northern Ireland supplementary deduction ignored
  803. 357RE Artificially inflated claims for additional deduction
  804. 357RF Restriction on use of losses while film is in production
  805. 357RG Use of losses in later periods
  806. 357RH Terminal losses
  807. 357S Introduction and interpretation
  808. 357SA Northern Ireland additional deduction
  809. 357SB Northern Ireland supplementary deduction
  810. 357SC Northern Ireland supplementary deduction: amount
  811. 357SD Tax credit: Northern Ireland supplementary deduction ignored
  812. 357SE Artificially inflated claims for additional deduction
  813. 357SF Restriction on use of losses while programme in production
  814. 357SG Use of losses in later periods
  815. 357SH Terminal losses
  816. 357T Introduction and interpretation
  817. 357TA Northern Ireland additional deduction
  818. 357TB Northern Ireland supplementary deduction
  819. 357TC Northern Ireland supplementary deduction: amount
  820. 357TD Tax credit: Northern Ireland supplementary deduction ignored
  821. 357TE Artificially inflated claims for additional deduction
  822. 357TF Restriction on use of losses while video game in development
  823. 357TG Use of losses in later periods
  824. 357TH Terminal losses
  825. 357U Introduction and interpretation
  826. 357UA Northern Ireland additional deduction
  827. 357UB Northern Ireland supplementary deduction
  828. 357UC Northern Ireland supplementary deduction: amount
  829. 357UD Tax credit: Northern Ireland supplementary deduction ignored
  830. 357UE Transactions not entered into for genuine commercial reasons
  831. 357UF Restriction on use of losses before completion period
  832. 357UG Use of losses in the completion period
  833. 357UH Terminal losses
  834. 357UI Provisional entitlement to relief
  835. 357UJ Introduction and interpretation
  836. 357UK Northern Ireland additional deduction
  837. 357UL Northern Ireland supplementary deduction
  838. 357UM Northern Ireland supplementary deduction: amount
  839. 357UN Orchestra tax credit: Northern Ireland supplementary deduction ignored
  840. 357UO Restriction on use of losses before completion period
  841. 357UP Use of losses in the completion period
  842. 357UQ Terminal losses
  843. 357UR Introduction and interpretation
  844. 357US Northern Ireland additional deduction
  845. 357UT Northern Ireland supplementary deduction
  846. 357UU Northern Ireland supplementary deduction: amount
  847. 357UV Museums and galleries exhibition tax credit: Northern Ireland supplementary deduction ignored
  848. 357UW Restriction on use of losses before completion period
  849. 357UX Use of losses in the completion period
  850. 357UY Terminal losses
  851. 357V Introductory
  852. 357VA Modification of section 357A
  853. 357VB Relevant Northern Ireland IP profits: SMEs that are Northern Ireland employers
  854. 357VC Relevant Northern Ireland IP profits: SMEs that are not Northern Ireland employers and large companies
  855. 357VD Relevant IP losses
  856. 357VE Interpretation of Chapter
  857. 357W Introductory
  858. 357WA Meaning of “Northern Ireland firm”
  859. 357WB Meaning of “qualifying partnership trade”
  860. 357WBA Northern Ireland workforce partnership conditions
  861. 357WBB Section 357WBA: supplementary
  862. 357WBC “Disqualified firm”
  863. 357WC Northern Ireland profits etc of firm determined under Chapter 6
  864. 357WD Northern Ireland profits etc of firm determined under Chapter 7
  865. 357WE Sections 357WC and 357WD: interpretation
  866. 357WF Application of section 747 of CTA 2009 to Northern Ireland firm
  867. 357WG Application of Part 8A to Northern Ireland firm
  868. 357WH Allocation of Northern Ireland profits etc of firm to company
  869. 357X Introduction
  870. 357XA Oil activities
  871. 357XB Lending and investment
  872. 357XC Investment management
  873. 357XD Insurance: long-term business
  874. 357XE Re-insurance trade
  875. 357XF Re-insurance activity
  876. 357XG Exploration and exploitation of UK sector of continental shelf
  877. 357XH Power to amend definition of “excluded trade” or “excluded activity”
  878. 357XI Power to make provision about meaning of “back-office activities”
  879. 357YA Charge to corporation tax on restitution interest
  880. 357YB Restitution interest chargeable as income
  881. 357YC Meaning of “restitution interest”
  882. 357YD Further provision about amounts included, or not included, in “restitution interest”
  883. 357YDA Life insurance companies: amounts representing policyholder income
  884. 357YE Period in which amounts are to be brought into account
  885. 357YF Companies without GAAP-compliant accounts
  886. 357YG Restitution interest: appeals made out of time
  887. 357YH Countering effect of avoidance arrangements
  888. 357YI Interpretation of section 357YH
  889. 357YJ Examples of results that may indicate exclusion not applicable
  890. 357YK Corporation tax rate on restitution interest
  891. 357YL Exclusion of reliefs, set-offs etc
  892. 357YM Assignment of rights to person not chargeable to corporation tax
  893. 357YN Migration of company with claim to restitution interest
  894. 357YNA Transfer of rights: restitution interest arising after a winding up or dissolution
  895. 357YNB Meaning of “related company”
  896. 357YO Duty to deduct tax from payments of restitution interest
  897. 357YP Treatment of amounts deducted under section 357YO
  898. 357YQ Assessment of tax chargeable on restitution interest
  899. 357YR Interest on excessive amounts withheld
  900. 357YS Appeal against deduction
  901. 357YT Amounts taxed at restitution payments rate to be outside instalment payments regime
  902. 357YU Interpretation
  903. 357YV Relationship of Part with other corporation tax provisions
  904. 357YW Power to amend
  905. 358 Introduction to Part
  906. 359 Overview of Chapter
  907. 360 Lessor under long funding finance lease: rental earnings
  908. 361 Lessor under long funding finance lease: exceptional items
  909. 362 Lessor under long funding finance lease making termination payment
  910. 363 Lessor under long funding operating lease: periodic deduction
  911. 364 “Starting value”: general
  912. 365 “Starting value” where plant or machinery originally unqualifying
  913. 366 Long funding operating lease: lessor's additional expenditure
  914. 367 Determination of remaining residual value resulting from lessor's first additional expenditure
  915. 368 Determination of remaining residual value resulting from lessor's further additional expenditure
  916. 369 Lessor under long funding operating lease: termination of lease
  917. 370 Plant or machinery held as trading stock
  918. 371 Adjustments where sections 360 to 369 subsequently disapplied by section 370
  919. 372 Lessor also lessee under non-long funding lease
  920. 373 Other avoidance
  921. 374 Provision supplementing section 373
  922. 375 Adjustments where sections 360 to 369 subsequently disapplied by section 373
  923. 376 Films
  924. 377 Lessee under long funding finance lease: limit on deductions
  925. 377A Lessee under long funding finance leases: right-of-use leases
  926. 378 Lessee under long funding finance lease: termination
  927. 379 Lessee under long funding operating lease
  928. 380 “Starting value” in section 379
  929. 381 Interpretation of Chapter
  930. 382 Introduction to Chapter
  931. 383 Income and matching expense in different accounting periods
  932. 384 Amount of income and expense
  933. 385 No carry back of loss against the income
  934. 386 Relief for expense otherwise giving rise to carried forward loss
  935. 387 “Business of leasing plant or machinery”
  936. 388 “Relevant plant or machinery value” for condition A in section 387
  937. 389 Provision supplementing section 388
  938. 390 Relevant plant or machinery value where relevant company lessee under long funding lease etc
  939. 391 Relevant company's income for condition B in section 387
  940. 392 “Relevant change in relationship”
  941. 393 Qualifying 75% subsidiaries
  942. 394 Consortium relationships
  943. 394ZA Company joining tonnage tax group
  944. 394A “Qualifying change of ownership”
  945. 395 No qualifying change of ownership in certain intra-group reorganisations
  946. 396 No qualifying change of ownership where principal company's interest in consortium company unchanged
  947. 397 Companies owned by consortiums and members of consortiums
  948. 398 “Qualifying 75% ... subsidiary” etc
  949. 398A Election out of qualifying change of ownership
  950. 398B The election
  951. 398C Special treatment of A's trade or business that includes leasing
  952. 398D Restrictions on use of losses etc
  953. 398E Restriction on artificial losses or reductions in profits
  954. 398F Limit on availability of capital allowances to A
  955. 398G Transfers into and out of A
  956. 399 The amount of the income: the basic amount
  957. 400 “PM” in section 399
  958. 401 Provisions supplementing section 400
  959. 402 “PM” where relevant company lessee under long funding lease etc
  960. 403 “TWDV” in section 399
  961. 404 Amount to be nil if basic amount negative
  962. 405 Adjustment to the basic amount: qualifying 75% subsidiaries
  963. 406 Adjustment to the basic amount: consortium relationships
  964. 407 Migration
  965. 408 “Associated company”
  966. 409 Introduction to Chapter
  967. 410 “Business of leasing plant or machinery”
  968. 411 “Relevant plant or machinery value” for condition A in section 410
  969. 412 Provision supplementing section 411
  970. 413 Relevant plant or machinery value where partnership lessee under long funding lease etc
  971. 414 Partnership's income for condition B in section 410
  972. 415 “Qualifying change” in company's interest in a business
  973. 416 Determining the percentage share in the profits or loss of business
  974. 417 Partner company's income and other companies' matching expense
  975. 418 Amount of income and expense
  976. 419 Relief for expense otherwise giving rise to carried forward loss
  977. 420 Exception: companies carrying on business ceasing to share in its profits
  978. 421 The amount of the income: the basic amount
  979. 422 Amount to be nil if basic amount negative
  980. 423 Adjustment to the basic amount
  981. 424 The amount of expense
  982. 425 Partner company's income and matching expense in different accounting periods
  983. 426 Amount of income and expense
  984. 427 No carry back of loss against the income
  985. 428 Relief for expense otherwise giving rise to carried forward loss
  986. 429 The amount of the income
  987. 430 “Associated company”
  988. 431 “Profits” and “loss”
  989. 432 Restrictions on relief for Chapter 3 or 4 expenses: introduction
  990. 433 Restrictions applying to the restricted loss amount
  991. 433A Restrictions not applying to the restricted loss amount
  992. 434 Introduction to sections 435 and 436
  993. 435 Disregard of increases and decreases in certain amounts
  994. 436 Balance sheet amounts determined on assumption company has no liabilities
  995. 437 Interpretation of the sales of lessors Chapters
  996. 437A Determining the ascribed value of plant or machinery
  997. 437B Section 437A: supplementary
  998. 437C Present value of a lease
  999. 438 Overview of Part
  1000. 439 “Close company”
  1001. 440 Basis of winding up under section 439(3)
  1002. 441 Treatment of some persons as participators or directors for the purposes of section 439(3)
  1003. 442 Particular types of company
  1004. 443 Companies controlled by or on behalf of Crown
  1005. 444 Companies involved with non-close companies
  1006. 445 Section 444: registered pension schemes
  1007. 446 Particular types of quoted company
  1008. 447 Section 446: meaning of “shares beneficially held by the public” etc
  1009. 448 “Associate”
  1010. 449 “Associated company”
  1011. 450 “Control”
  1012. 451 Section 450: rights to be attributed etc
  1013. 452 “Director”
  1014. 453 “Loan creditor”
  1015. 454 “Participator”
  1016. 455 Charge to tax in case of loan to participator
  1017. 456 Exceptions to the charge under section 455
  1018. 457 Section 456: meaning of “material interest in a company”
  1019. 458 Relief in case of repayment or release of loan
  1020. 459 Loan treated as made to participator
  1021. 460 Loan treated as made by close company
  1022. 461 Exception to section 460
  1023. 462 Determination of particular questions as a result of section 460
  1024. 463 Taxation of debtor on release of loan to trustees of settlement which has ended
  1025. 464 Section 463: other person treated as releasing or writing off debt
  1026. 464ZA Treatment of certain repayments
  1027. 464ZB Section 464ZA: supplementary
  1028. 464A Charge to tax: arrangements conferring benefit on participator
  1029. 464B Relief in case of return payment to company
  1030. 465 Power to obtain information
  1031. 466 Overview of Part
  1032. 467 Meaning of “charitable company”
  1033. 468 Meaning of “eligible body”
  1034. 469 Conditions for qualifying as a scientific research association
  1035. 470 Meaning of “research and development” in section 469
  1036. 471 Gifts qualifying for gift aid relief: income tax treated as paid
  1037. 472 Gifts qualifying for gift aid relief: corporation tax liability and exemption
  1038. 472A Gifts under payroll deduction schemes: corporation tax liability and exemption
  1039. 473 Gifts of money from companies: corporation tax liability and exemption
  1040. 474 Payments from other charities: corporation tax liability and exemption
  1041. 474A Legacies: corporation tax liability and exemption
  1042. 475 Gifts qualifying for gift aid relief: income tax treated as paid and exemption
  1043. 476 Gifts of money from companies: exemption
  1044. 477 Gifts of money from companies: exemption
  1045. 477A Claims in relation to gift aid relief
  1046. 478 Exemption for profits etc of charitable trades
  1047. 479 Meaning of “charitable trade”
  1048. 480 Exemption for profits of small-scale trades
  1049. 481 Exemption from charges under provisions to which section 1173 applies
  1050. 482 Condition as to trading and miscellaneous incoming resources
  1051. 483 Exemption for profits from fund-raising events
  1052. 484 Exemption for profits from lotteries
  1053. 485 Exemption for property income etc
  1054. 486 Exemption for investment income and non-trading profits from loan relationships
  1055. 487 Exemption for public revenue dividends
  1056. 488 Exemption for certain miscellaneous income
  1057. 489 Exemption for income from estates in administration
  1058. 490 Eligible bodies
  1059. 491 Scientific research associations
  1060. 491A Claims in relation to certain reliefs
  1061. 492 Restrictions on exemptions
  1062. 493 The non-exempt amount
  1063. 494 Attributing income to the non-exempt amount
  1064. 495 How income is attributed to the non-exempt amount
  1065. 496 Meaning of “non-charitable expenditure”
  1066. 497 Section 496: supplementary
  1067. 498 Section 496(1)(d): meaning of expenditure
  1068. 499 Section 496(1)(d): accounting period in which certain expenditure treated as incurred
  1069. 500 Section 496(1)(d): payment to body outside the UK
  1070. 501 Section 496(1)(g) and (h): investments and loans
  1071. 502 Transactions with substantial donors
  1072. 503 Meaning of “relievable gift”
  1073. 504 Non-charitable expenditure in substantial donor transactions
  1074. 505 Adjustment if section 504(1) and (2) applied to single transaction
  1075. 506 Section 504: certain payments and benefits to be ignored
  1076. 507 Transactions: exceptions
  1077. 508 Donors: exceptions
  1078. 509 Connected charities
  1079. 510 Substantial donor transactions: supplementary
  1080. 511 Approved charitable investments
  1081. 512 Securities which are approved charitable investments
  1082. 513 Conditions to be met for some securities
  1083. 514 Approved charitable loans
  1084. 515 Excess expenditure treated as non-charitable expenditure of earlier periods
  1085. 516 Rules for attributing excess expenditure to earlier periods
  1086. 517 Adjustments in consequence of section 515
  1087. 518 Introduction to Part
  1088. 519 “Property rental business”
  1089. 520 “UK property rental business” of non-UK companies
  1090. 521 “UK company” and “non-UK company”
  1091. 522 “Residual business”
  1092. 523 Notice for a group of companies to become a UK REIT
  1093. 524 Notice for a company to become a UK REIT
  1094. 525 Notice under section 523 or 524: supplementary
  1095. 526 Duration of status as UK REIT
  1096. 527 Being a UK REIT in relation to an accounting period
  1097. 528 Conditions for company
  1098. 528ZA Listing requirement: ownership by institutional investors
  1099. 528ZB Genuine diversity of ownership condition
  1100. 528A Further condition relating to shares
  1101. 528B Relaxation of section 528A condition for accounting periods 1 to 3
  1102. 529 Conditions as to property rental business
  1103. 530 Condition as to distribution of profits
  1104. 530A Condition as to distribution of profits: increase in profits after delivery of tax return
  1105. 531 Conditions as to balance of business
  1106. 532 Financial statements for group UK REITs
  1107. 533 Financial statements: supplementary
  1108. 534 Profits
  1109. 535 Gains
  1110. 535A Gains: disposals of rights or interests in UK property rich companies
  1111. 535B Section 535A: use of pre-April 2019 residual business losses or deficits
  1112. 536 Effects of entry: corporation tax
  1113. 537 Effects of entry: CAA 2001
  1114. 538 Entry charge
  1115. 539 Calculation of the notional amount
  1116. 540 Election to treat notional income as arising in instalments
  1117. 541 Ring-fencing of property rental business
  1118. 542 Disapplication of certain provisions
  1119. 543 Profit: financing-cost ratio
  1120. 544 Meaning of “property profits” and “property financing costs”
  1121. 545 Cancellation of tax advantage
  1122. 546 Appeal against notice under section 545
  1123. 547 Funds awaiting reinvestment
  1124. 548 Distributions: liability to tax
  1125. 549 Distributions: supplementary
  1126. 549A Distributions from one UK REIT to another UK REIT
  1127. 550 Attribution of distributions
  1128. 551 Tax consequences of distribution to holder of excessive rights
  1129. 552 “The section 552 amount”
  1130. 553 Meaning of “holder of excessive rights” and “excluded holder”
  1131. 554 Regulations: distributions to holders of excessive rights
  1132. 554A Meaning of “distribution”
  1133. 555 Assets: change of use
  1134. 556 Disposal of assets
  1135. 557 Movement of assets into ring fence
  1136. 558 Demergers: disposal of asset
  1137. 559 Demergers: company leaving group UK REIT
  1138. 560 Interpretation of Chapter
  1139. 561 Notice of breach of relevant Chapter 2 condition
  1140. 562 Breach of condition C in section 528 (conditions for company)
  1141. 562A Breach of condition D in section 528 (conditions for company)
  1142. 562B Breach of further condition relating to shares
  1143. 562C Breach of further condition relating to shares in accounting periods 1, 2 and 3
  1144. 563 Breach of property rental business condition
  1145. 564 Breach of condition as to distribution of profits
  1146. 565 “The section 565 amount”
  1147. 566 Breach of condition B in section 531 in accounting period 1
  1148. 567 Meaning of “the notional amount”
  1149. 568 Breach of balance of business conditions after accounting period 1
  1150. 569 Chapter subject to section 572
  1151. 570 Overview of Chapter
  1152. 571 Termination by notice: group or company
  1153. 572 Termination by notice: officer of Revenue and Customs
  1154. 573 Notice under section 572: tax advantage
  1155. 573A Notice under section 572: condition D in section 528 not met
  1156. 573B Notice under section 572: further condition relating to shares not met
  1157. 574 Notice under section 572: serious breach
  1158. 575 Notice under section 572: breach of conditions as to property rental business
  1159. 576 Notice under section 572: breach of conditions as to balance of business
  1160. 577 Notice under section 572: multiple breaches of conditions in Chapter 2
  1161. 578 Automatic termination for breach of certain conditions in section 528
  1162. 579 Effects of cessation: corporation tax
  1163. 580 Effects of cessation: CAA 2001
  1164. 581 Early exit by notice
  1165. 582 Early exit
  1166. 583 Overview of Chapter
  1167. 584 Meaning of “joint venture company” and “joint venture group”
  1168. 585 Meaning of “venturing group” and “venturing company”
  1169. 586 Notice for Part to apply: joint venture company
  1170. 587 Notice for Part to apply: joint venture group
  1171. 588 Effect of notice under section 586
  1172. 589 Effect of notice under section 587
  1173. 590 Duration of notice under section 586 or 587
  1174. 591 Conditions as to balance of business
  1175. 592 Joint venture groups: financial statements
  1176. 593 Financial statements under section 532: joint venture groups
  1177. 594 Modifications of Chapter 3
  1178. 595 Joint venture company liable for additional charge
  1179. 596 Member of joint venture group liable for additional charge
  1180. 597 Cases where no additional charge due
  1181. 598 Chapter 10: supplementary
  1182. 599 Calculation of profits
  1183. 599A Amount of distribution consisting of share capital issued in lieu of cash dividend
  1184. 600 Power to make regulations about cases involving related persons
  1185. 601 Availability of group reliefs
  1186. 602 Effect of deemed disposal and reacquisition
  1187. 603 Regulations
  1188. 604 Property rental business: exclusion of listed business
  1189. 605 Property rental business: exclusion of business producing listed income
  1190. 606 Groups
  1191. 607 Meaning of “entry” and “cessation” etc
  1192. 608 References to assets
  1193. 609 Definitions
  1194. 610 Discretionary payments by trustees to companies
  1195. 611 Income tax provisions to apply in relation to trustees' expenses
  1196. 612 Overview of Chapter
  1197. 613 Meaning of “open-ended investment company”
  1198. 614 Applicable corporation tax rate
  1199. 615 Umbrella companies
  1200. 616 Meaning of “authorised unit trust” and “unit holder”
  1201. 617 Authorised unit trust treated as UK resident company
  1202. 618 Applicable corporation tax rate
  1203. 619 Umbrella schemes
  1204. 620 Court investment funds
  1205. 622A Power to make provision about treatment of transactions
  1206. 623 Meaning of “securitisation company”
  1207. 624 Power to make regulations about the taxation of securitisation companies
  1208. 625 Regulations: supplementary
  1209. 626 Meaning of “final year”, “penultimate year” etc
  1210. 627 Meaning of “main rate of corporation tax” for companies with ring fence profits or small profits
  1211. 628 Company in liquidation: corporation tax rates
  1212. 629 Company in liquidation: making of assessment to tax
  1213. 630 Company in administration: corporation tax rates
  1214. 631 Company in administration: making of assessment to tax
  1215. 632 Meaning of rate being “fixed” or “proposed”
  1216. 633 Exemption for interest on overpaid tax in final accounting period
  1217. 634 Overview of Chapter
  1218. 635 Application of Chapter
  1219. 636 Charge to corporation tax on winding up receipts
  1220. 637 Transfer of rights to payment
  1221. 638 Allowable deductions
  1222. 639 Election to carry back
  1223. 640 Relationship of Chapter with other corporation tax provisions
  1224. 641 Interpretation of Chapter
  1225. 642 Disregard of rent from members and of interest payable
  1226. 643 Exemption for gains on a sale of property
  1227. 644 Approval of housing associations
  1228. 645 Tests to be satisfied by the association
  1229. 646 Delegation of powers to the Regulator of Social Housing
  1230. 647 Claims under section 642 or 643
  1231. 648 Adjustments of liability
  1232. 649 Power to make further provision
  1233. 650 Meaning of “self-build society”
  1234. 651 Disregard of rent from members
  1235. 652 Exemption for gains on disposals of land to members
  1236. 653 Approval of self-build societies
  1237. 654 Delegation of powers to the Regulator of Social Housing
  1238. 655 Claims under section 651 or 652
  1239. 656 Adjustments of liability
  1240. 657 Power to make further provision
  1241. 658 Meaning of “community amateur sports club” and “registered club”
  1242. 659 Meaning of “open to the whole community”
  1243. 660 Meaning of “organised on an amateur basis”
  1244. 660A Clubs consisting mainly of social members
  1245. 661 Meaning of “eligible sport”, “qualifying purposes” etc
  1246. 661A The location condition
  1247. 661B The management condition
  1248. 661C Periods over which management condition treated as met
  1249. 661CA The income condition
  1250. 661D Tax treatment of gifts qualifying for gift aid relief
  1251. 661E Tax treatment of gifts of money from companies
  1252. 662 Exemption for UK trading income
  1253. 663 Exemption for UK property income
  1254. 664 Exemption for interest , gift aid and company gift income
  1255. 665 Exemption for chargeable gains
  1256. 665A Claims in relation to interest , gift aid and company gift income
  1257. 666 Exemptions reduced if non-qualifying expenditure incurred
  1258. 667 Rules for attributing surplus amount to earlier periods etc
  1259. 668 How income and gains are attributed
  1260. 669 Asset ceasing to be held for qualifying purposes etc
  1261. 670 Notification of HMRC decision
  1262. 671 Appeals
  1263. 672 Overview of Part
  1264. 673 Introduction to Chapter
  1265. 674 Disallowance of trading losses
  1266. 674A Section 674: exception for certain losses of ring fence trade
  1267. 675 Disallowance of trading losses: calculation of balancing charges
  1268. 676 Company reconstructions
  1269. 676AA Introduction to Chapter
  1270. 676AB Priority of provisions of Chapters 2 and 3 over this Chapter
  1271. 676AC “Major change in the business” of a company
  1272. 676AD Notional split of accounting period in which change in ownership occurs
  1273. 676AE “Affected profits”
  1274. 676AF Restriction on use of carried-forward post-1 April 2017 trade losses
  1275. 676AG Restriction on debits to be brought into account
  1276. 676AH Restriction on the carry forward of post-1 April 2017 non-trading deficit from loan relationships
  1277. 676AI Restriction on relief for post-1 April 2017 non-trading loss on intangible fixed assets
  1278. 676AJ Restriction on deduction of post-1 April 2017 expenses of management
  1279. 676AK Restriction on use of post-1 April 2017 UK property business losses
  1280. 676AL “Co-transferred company” and “related company”
  1281. 676BA Introduction to Chapter
  1282. 676BB Notional split of accounting period in which change in ownership occurs
  1283. 676BC Disallowance of relief for trade losses
  1284. 676BD Meaning of “the relevant provisions”
  1285. 676BE Meaning of “amount of profits which represents a relevant gain”
  1286. 676CA Introduction to Chapter
  1287. 676CB Restriction on surrender of carried-forward losses
  1288. 676CC Cases where consortium condition 1 or 2 was previously met
  1289. 676CD Cases where consortium condition 3 or 4 was previously met
  1290. 676CE Exceptions to restrictions
  1291. 676CF Cases where Chapter 2, 2A or 3 also applies
  1292. 676CG “Affected profits”
  1293. 676CH “Relevant pre-acquisition loss”
  1294. 676CI Interpretation of Chapter
  1295. 676DA Introduction to Chapter
  1296. 676DB Notional split of accounting period in which change in ownership occurs
  1297. 676DC Disallowance of group relief for carried-forward losses
  1298. 676DD Meaning of “the relevant provisions”
  1299. 676DE Meaning of “amount of profits which represents a relevant gain”
  1300. 676EA Introduction to Chapter
  1301. 676EB Restriction on use of trade losses carried-forward on transfer of trade
  1302. 676EC Restriction on surrender of trade losses carried forward on transfer of trade
  1303. 676ED Indirect transfers of a trade
  1304. 676EE Interpretation of Chapter
  1305. 677 Introduction to Chapter
  1306. 678 Notional split of accounting period in which change in ownership occurs
  1307. 679 Restriction on debits to be brought into account
  1308. 680 Restriction on the carry forward of non-trading deficit from loan relationships
  1309. 681 Restriction on relief for non-trading loss on intangible fixed assets
  1310. 682 Restriction on the deduction of expenses of management
  1311. 683 Disallowance of UK property business losses
  1312. 684 Disallowance of overseas property business losses
  1313. 685 Apportionment of amounts
  1314. 686 Meaning of certain expressions in section 685
  1315. 687 Adjustment to balancing charges if relief is restricted
  1316. 688 Meaning of “significant increase in the amount of a company's capital”
  1317. 689 Amount A
  1318. 690 Amount B
  1319. 691 Meaning of “amount of capital”
  1320. 692 Introduction to Chapter
  1321. 693 Meaning of “amount of profits which represents a relevant gain”
  1322. 694 Meaning of “the relevant provisions”
  1323. 695 Notional split of accounting period in which change in ownership occurs
  1324. 696 Restriction on debits to be brought into account
  1325. 697 Restriction on the carry forward of non-trading deficit from loan relationships
  1326. 698 Restriction on relief for non-trading loss on intangible fixed assets
  1327. 699 Restrictions on the deduction of expenses of management
  1328. 700 Disallowance of UK property business losses
  1329. 701 Disallowance of overseas property business losses
  1330. 702 Apportionment of amounts
  1331. 703 Meaning of certain expressions in section 702
  1332. 704 Company carrying on UK property business
  1333. 705 Company carrying on overseas property business
  1334. 705A Introduction to Chapter
  1335. 705B Notional split of accounting period in which change in ownership occurs
  1336. 705C Restriction on debits to be brought into account
  1337. 705D Restriction on carry forward of non-trading deficit from loan relationships
  1338. 705E Restriction on relief for non-trading loss on intangible fixed assets
  1339. 705F Apportionment of amounts
  1340. 705G Meaning of certain expressions in section 705F
  1341. 706 Meaning of “linked” person
  1342. 707 Meaning of “control”
  1343. 708 Rights to be attributed for the purposes of section 707
  1344. 709 Meaning of “the relevant period”
  1345. 710 Recovery of unpaid corporation tax for accounting period beginning before change
  1346. 711 Conditions relating to company's trade or business
  1347. 712 Meaning of “a major change in the nature or conduct of a trade or business”
  1348. 713 Recovery of unpaid corporation tax for accounting period ending on or after change
  1349. 714 The expectation condition
  1350. 715 Meaning of “transaction entered into in connection with change in ownership”
  1351. 716 Interest
  1352. 717 Effect of payment in pursuance of assessment under section 710 or 713
  1353. 718 Meaning of “associated company”
  1354. 719 Meaning of “change in the ownership of a company”
  1355. 720 Section 719: supplementary
  1356. 721 When things other than ordinary share capital may be taken into account: Chapters 2 to 5A
  1357. 722 When things other than ordinary share capital may be taken into account: Chapter 6
  1358. 723 Changes in indirect ownership
  1359. 724 Disregard of change in company ownership
  1360. 724A Disregard of change in parent company
  1361. 725 Provision applying for the purposes of Chapters 2 to 5A
  1362. 726 Interpretation of Chapter
  1363. 727 Extended time limit for assessment
  1364. 728 Provision of information about ownership of shares etc
  1365. 729 Meaning of “company with investment business”
  1366. 730 Meaning of “relevant non-trading debit”
  1367. 730A Overview
  1368. 730B Interpretation of Part
  1369. 730C Disallowance of deductible amounts: relevant claims
  1370. 730D Disallowance of deductible amounts: profit transfers
  1371. 730E Overview
  1372. 730F Meaning of “relevant carried-forward loss”
  1373. 730G Disallowance of deductions for relevant carried-forward losses
  1374. 730H Interpretation of section 730G
  1375. 731 Overview of Part
  1376. 732 Meaning of “corporation tax advantage”
  1377. 733 Company liable to counteraction of corporation tax advantage
  1378. 734 Exception where no tax avoidance object shown
  1379. 735 Abnormal dividends used for exemptions or reliefs (circumstance A)
  1380. 736 Receipt of consideration representing company's assets, future receipts or trading stock (circumstance C)
  1381. 737 Receipt of consideration in connection with relevant company distribution (circumstance D)
  1382. 738 Receipt of assets of relevant company (circumstance E)
  1383. 739 Meaning of “relevant company” in sections 737 and 738
  1384. 740 Abnormal dividends: general
  1385. 741 Abnormal dividends: the excessive return condition
  1386. 742 Abnormal dividends: the excessive accrual condition
  1387. 743 Preliminary notification that section 733 may apply
  1388. 744 Opposed notifications: statutory declarations
  1389. 745 Opposed notifications: determinations by tribunal
  1390. 746 Counteraction notices
  1391. 747 Timing of assessments in section 738 cases
  1392. 748 Application for clearance of transactions
  1393. 749 Effect of clearance notification under section 748
  1394. 750 Appeals against counteraction notices
  1395. 751 Interpretation of Part
  1396. 752 Application of Chapter
  1397. 753 Value of transferred income stream treated as income
  1398. 754 Exception: amount otherwise taxed
  1399. 755 Exception: transfer by way of security
  1400. 756 Partnership shares
  1401. 757 Interpretation of Chapter
  1402. 757A Application of Chapter
  1403. 757B Relevant amount to be treated as income
  1404. 758 Type 1 finance arrangement defined
  1405. 759 Certain tax consequences not to have effect
  1406. 760 Payments treated as borrower's income
  1407. 761 Deemed loan relationship if borrower is a company
  1408. 762 Deemed loan relationship if borrower is partnership with corporate member
  1409. 763 Type 2 finance arrangement defined
  1410. 764 Relevant change in relation to partnership
  1411. 765 Certain tax consequences not to have effect
  1412. 766 Deemed loan relationship
  1413. 767 Type 3 finance arrangement defined
  1414. 768 Certain tax consequences not to have effect
  1415. 769 Deemed loan relationship
  1416. 770 Exceptions: preliminary
  1417. 771 Exceptions
  1418. 772 Exceptions: relevant person
  1419. 773 Power to make further exceptions
  1420. 774 Accounts
  1421. 775 Arrangements
  1422. 776 Assets
  1423. 777 Loan or credit transaction defined
  1424. 778 Certain payments treated as interest
  1425. 779 Tax charged on income transferred
  1426. 779A Application of Chapter
  1427. 779B Relevant amount to be treated as income
  1428. 814A Overview of Part
  1429. 814B Key definitions
  1430. 814C Treatment of payer of manufactured dividend
  1431. 814D Treatment of recipient of manufactured dividend
  1432. 834 Overview of Chapter
  1433. 835 Transferor or associate becomes liable for payment of rent
  1434. 836 Transferor or associate becomes liable for payment other than rent
  1435. 837 Relevant corporation tax relief
  1436. 838 Relevant corporation tax relief: deduction not to exceed commercial rent
  1437. 839 Deduction ... not to exceed commercial rent
  1438. 840 Carrying forward parts of payments
  1439. 841 Aggregation and apportionment of payments
  1440. 842 Payments made for later periods
  1441. 843 Exclusion of service charges etc
  1442. 844 Commercial rent: comparison with rent under a lease
  1443. 845 Commercial rent: comparison with payments other than rent
  1444. 846 Lease and rent
  1445. 847 Associated persons
  1446. 848 Land outside the UK
  1447. 849 Overview of Chapter
  1448. 850 New lease after assignment or surrender
  1449. 851 Taxation of consideration
  1450. 852 Position where new lease does not include all original property
  1451. 853 Relief for rent under new lease
  1452. 854 New lease treated as ending
  1453. 855 Position where rent reduces
  1454. 856 Position where lease may be ended
  1455. 857 Position where lease may be varied
  1456. 858 Lease treated as ending: rentcharge
  1457. 859 Lease varied to provide for increased rent
  1458. 860 Relevant corporation tax relief
  1459. 861 Linked persons
  1460. 862 Lease, lessee, lessor and rent
  1461. 863 Overview of Chapter
  1462. 864 Leased trading assets
  1463. 865 Tax deduction not to exceed commercial rent
  1464. 866 Long funding finance leases
  1465. 867 Commercial rent
  1466. 868 Lease
  1467. 869 Relevant asset
  1468. 870 Overview of Chapter
  1469. 871 Application of the Chapter
  1470. 872 Payment under lease
  1471. 873 Sum obtained
  1472. 874 Charge to corporation tax
  1473. 875 Hire-purchase agreements
  1474. 876 Adjustments where sum obtained before payment made
  1475. 877 Sum obtained in respect of interest
  1476. 878 Sum obtained in respect of lessee's interest
  1477. 879 Disposal of interest to associate
  1478. 880 Apportionment of payments made and of sums obtained
  1479. 881 Manner of apportionment
  1480. 882 Associates
  1481. 883 Capital sum
  1482. 884 Lease
  1483. 885 Relevant asset
  1484. 886 Relevant tax relief
  1485. 887 When restrictions on leasing partnership losses under this Chapter apply
  1486. 888 Restrictions on leasing partnership losses
  1487. 889 Interpretation of Chapter
  1488. 890 Capital payments in respect of leases treated as income
  1489. 891 Apportionments for leases of plant or machinery and other property
  1490. 892 Deduction where failure to make relevant capital payment expected
  1491. 893 Meaning of “capital payment”, “relevant capital payment” etc
  1492. 894 Other interpretation of Chapter
  1493. 894A Consideration for taking over payment obligations as lessee treated as income
  1494. 895 Overview of Part
  1495. 896 Normal rent
  1496. 897 Accountancy rental earnings
  1497. 898 Rental earnings
  1498. 899 Arrangements to which this Chapter applies
  1499. 900 Purposes of this Chapter
  1500. 901 Application of this Chapter
  1501. 902 The conditions referred to in section 901(1)
  1502. 903 Provisions supplementing section 902
  1503. 904 The arrangements and circumstances referred to in section 902(8)
  1504. 905 Current lessor taxed by reference to accountancy rental earnings
  1505. 906 Reduction of taxable rent by cumulative rental excesses: introduction
  1506. 907 Meaning of “accountancy rental excess” and “cumulative accountancy rental excess”
  1507. 908 Reduction of taxable rent by the cumulative accountancy rental excess
  1508. 909 Meaning of “normal rental excess” and “cumulative normal rental excess”
  1509. 910 Reduction of taxable rent by the cumulative normal rental excess
  1510. 911 Relief for bad debts: reduction of cumulative accountancy rental excess
  1511. 912 Recovery of bad debts following reduction under section 911
  1512. 913 Relief for bad debts: reduction of cumulative normal rental excess
  1513. 914 Recovery of bad debts following reduction under section 913
  1514. 915 Effect of disposals of leases: general
  1515. 916 Assignments on which neither a gain nor a loss accrues
  1516. 917 Effect of capital allowances: introduction
  1517. 918 Cases where expenditure taken into account under Part 2, 5 or 8 of CAA 2001
  1518. 919 Cases where expenditure taken into account under other provisions of CAA 2001
  1519. 920 Capital allowances deductions: waste disposal and cemeteries
  1520. 921 Capital allowances deductions: films
  1521. 922 Contributors to capital expenditure
  1522. 923 Pre-26 November 1996 schemes where this Chapter does not at first apply
  1523. 924 Post-25 November 1996 schemes to which Chapter 3 applied first
  1524. 925 Introduction to Chapter
  1525. 926 Purpose of this Chapter
  1526. 927 Leases to which this Chapter applies
  1527. 928 Current lessor taxed by reference to accountancy rental earnings
  1528. 929 Application of provisions of Chapter 2 for purposes of this Chapter
  1529. 930 Pre-26 November 1996 schemes and post-25 November 1996 schemes
  1530. 931 Time apportionment where periods of account do not coincide
  1531. 932 Periods of account and related periods of account and accounting periods
  1532. 933 Connected persons
  1533. 934 Assets which represent the leased asset
  1534. 935 Parent undertakings and consolidated group accounts
  1535. 936 Assessments and adjustments
  1536. 937 Interpretation of Part
  1537. 937A Overview
  1538. 937B Group schemes and single company schemes
  1539. 937C Meaning of “risk transfer scheme”
  1540. 937D Meaning of “the scheme rate, index or value”
  1541. 937E Scheme losses and scheme profits
  1542. 937F Ring-fenced scheme losses and relevant scheme profits
  1543. 937G Ring-fenced scheme loss: treatment in period in which made
  1544. 937H Ring-fenced scheme loss: treatment in subsequent periods
  1545. 937I A company's losses pool and profits pool
  1546. 937J Tax capacity assumption
  1547. 937K Meaning of “associated with”
  1548. 937L Interpretation of references to economic losses and profits
  1549. 937M Foreign currency accounting
  1550. 937N Meaning of “scheme”
  1551. 937NA Priority
  1552. 937O Power to amend this Part in its application to dealers in securities
  1553. 938A Losses and profits from group mismatch schemes to be disregarded
  1554. 938B Meaning of “a group mismatch scheme” and “the scheme group”
  1555. 938C Meaning of “scheme loss” and “scheme profit”
  1556. 938D Meaning of “relevant tax advantage” etc and “the scheme period”
  1557. 938E Meaning of “group”
  1558. 938F Meaning of references to economic profits and losses
  1559. 938G Tax capacity assumption
  1560. 938H Meaning of “scheme”
  1561. 938I Schemes involving repos or quasi-repos
  1562. 938J Schemes involving finance arrangements
  1563. 938K Trading income
  1564. 938L Foreign companies and foreign permanent establishments
  1565. 938M Controlled foreign companies
  1566. 938N Priority
  1567. 938O Losses and profits from tax mismatch scheme to be disregarded
  1568. 938P Meaning of “tax mismatch scheme”
  1569. 938Q Meaning of “scheme loss” and “scheme profit”
  1570. 938R Meaning of “relevant tax advantage” etc and “the scheme period”
  1571. 938S Meaning of references to economic profits and losses
  1572. 938T Tax capacity assumption
  1573. 938U Meaning of “scheme”
  1574. 938V Priority
  1575. 939A Overview of Part
  1576. 939B Relievable charity donations
  1577. 939C Tainted donations
  1578. 939D Circumstances in which financial advantage deemed to be obtained
  1579. 939E Certain financial assistance to be ignored
  1580. 939F Removal of corporation tax relief where donation becomes tainted in same accounting period
  1581. 939FA Clawback of corporation tax relief where donation becomes tainted in later accounting period
  1582. 939FB Removal or clawback of corporation tax relief for associated donations
  1583. 939G Connected charities
  1584. 939H Connected persons
  1585. 939I Minor definitions
  1586. 940A Overview of Chapter
  1587. 940B Meaning of “transfer of a trade” and related expressions
  1588. 940C Transfers to which Chapter applies
  1589. 941 The ownership condition
  1590. 942 Options that may be applied for the purposes of the ownership condition
  1591. 943 The tax condition
  1592. 943A Disapplication of section 39
  1593. 944 Modified application of section 45
  1594. 944A Modified application of section 45A
  1595. 944B Modified application of section 45B
  1596. 944C Modified application of section 45F
  1597. 944D Modified application of section 303B
  1598. 944E Modified application of section 303D
  1599. 945 Cases in which predecessor retains more liabilities than assets
  1600. 946 Rules for determining “L”
  1601. 947 Rules for determining “A”
  1602. 948 Modified application of CAA 2001
  1603. 949 Dual resident investing companies
  1604. 950 Transfers of trades involving business of leasing plant or machinery
  1605. 951 Part of trade treated as separate trade
  1606. 952 Apportionment if part of trade treated as separate trade
  1607. 953 Application of Chapter to further transfers of a trade
  1608. 954 Transfer of activities on complete cessation of trade
  1609. 955 Transfer of activities on part cessation of trade
  1610. 956 Apportionment if part of trade treated as separate trade
  1611. 957 Chapter 2: supplementary
  1612. 958 Application
  1613. 959 Arrangements for transfer of relief
  1614. 960 Restrictions on use of reliefs
  1615. 961 Non-trading profits and losses
  1616. 962 Interpretation of Chapter
  1617. 963 Power to surrender tax refund
  1618. 964 Effects of surrender of tax refund
  1619. 965 Interest on tax overpaid or underpaid
  1620. 966 Payments for surrendered tax refunds
  1621. 967 Deductions from payments received by UK resident companies
  1622. 968 Deductions from payments received by non-UK resident companies
  1623. 969 Introduction to Chapter
  1624. 970 Obligations and liabilities in relation to corporation tax
  1625. 971 Exceptions
  1626. 972 Interpretation of Chapter
  1627. 973 Introduction to Chapter
  1628. 974 Case in which this Chapter applies
  1629. 975 Meaning of “the relevant period”
  1630. 976 Meaning of “related company”
  1631. 977 Notice requiring payment of unpaid tax
  1632. 978 Time limit for giving notice
  1633. 979 Amount payable in consortium case
  1634. 980 Chapter 7: supplementary
  1635. 981 Exemption for trade unions and eligible employers' associations
  1636. 982 Qualifying income or gains
  1637. 983 Meaning of “trade union” and “eligible employers' association”
  1638. 984 Local authorities and local authority associations
  1639. 985 Health service bodies
  1640. 986 Meaning of “health service body”
  1641. 987 NHS foundation trusts
  1642. 987A Chief constables etc (England and Wales)
  1643. 987B Education Authority of Northern Ireland
  1644. 987C Northern Ireland Housing Executive
  1645. 988 Issue departments of the Reserve Bank of India and the State Bank of Pakistan
  1646. 989 Agricultural societies
  1647. 990 UK Economic Interest Groupings and European Economic Interest Groupings
  1648. 991 Harbour reorganisation schemes: corporation tax
  1649. 992 Harbour reorganisation schemes: capital allowances etc
  1650. 993 Harbour reorganisation schemes: chargeable gains
  1651. 994 Transfer of part of trade
  1652. 995 Interpretation of sections 991 to 994
  1653. 996 Use of different accounting practices within a group of companies
  1654. 996A Deductions from total profits for sporting testimonial payments and associated payments
  1655. 997 Overview of Part
  1656. 998 Overview of Chapter
  1657. 999 Priority of negative rules
  1658. 1000 Meaning of “distribution”
  1659. 1001 Provisions related to paragraphs A to H in section 1000(1)
  1660. 1002 Exceptions for certain transfers of assets or liabilities between a company and its members
  1661. 1003 Redeemable share capital
  1662. 1004 Securities issued otherwise than for new consideration
  1663. 1005 Meaning of “non-commercial securities”
  1664. 1006 Distributions exceeding consideration received for issue of security
  1665. 1007 Securities issued at premium representing new consideration
  1666. 1008 Consideration for issue of security exceeding amount of principal
  1667. 1009 Securities reflecting dividends on certain shares etc: exclusion of section 1008
  1668. 1010 Meaning of “qualifying index” in section 1009
  1669. 1011 Meaning of “associated company” in section 1009
  1670. 1012 Hedging arrangements
  1671. 1013 Exception to section 1012
  1672. 1014 Meaning of “hedging arrangements”
  1673. 1015 Meaning of “special securities”
  1674. 1016 Meaning of “equity note” in section 1015
  1675. 1017 Section 1015: other interpretation
  1676. 1018 The principal secured: special securities
  1677. 1019 Relevant alternative finance return
  1678. 1020 Transfers of assets or liabilities treated as distributions
  1679. 1021 Section 1020: exceptions
  1680. 1022 Bonus issue following repayment of share capital treated as distribution
  1681. 1023 Exceptions to section 1022(3)
  1682. 1024 Premiums paid on redemption of share capital
  1683. 1025 Share capital issued at a premium representing new consideration
  1684. 1026 Distributions following a bonus issue
  1685. 1027 Cap on amount of distributions affected by section 1026
  1686. 1027A Distributions following reduction of share capital
  1687. 1028 Certain payments connected with exempt distributions
  1688. 1029 Overview of Chapter
  1689. 1030 Distribution in respect of share capital in a winding up
  1690. 1030A Distributions in respect of share capital prior to dissolution of company
  1691. 1030B Section 1030A: effect of company not being dissolved, etc
  1692. 1031 Distribution as part of a cross-border merger
  1693. 1032 Interest etc paid in respect of certain securities
  1694. 1032A Payment in respect of tier two capital
  1695. 1033 Purchase by unquoted trading company of own shares
  1696. 1034 Requirements as to residence
  1697. 1035 Requirement as to period of ownership
  1698. 1036 Determining the period of ownership
  1699. 1037 Requirement as to reduction of seller's interest as shareholder
  1700. 1038 Section 1037: effect of entitlement to profits
  1701. 1039 Requirements where purchasing company is a member of a group
  1702. 1040 Determining whether interests as shareholders in a group are substantially reduced
  1703. 1041 Section 1040: effect of entitlement to profits
  1704. 1042 Other requirements
  1705. 1043 Relaxation of requirements in certain cases
  1706. 1044 Advance clearance of payments by Commissioners
  1707. 1045 Advance clearance: supplementary
  1708. 1046 Information and returns
  1709. 1047 Meaning of “group” and “51% subsidiary” in sections 1033 to 1047
  1710. 1048 Sections 1033 to 1047: other interpretation
  1711. 1049 Stock dividends
  1712. 1050 Application of section 1049 where bonus share capital is converted etc
  1713. 1051 “Bonus share capital” and “in lieu of a cash dividend”
  1714. 1052 Share capital to which section 1049 applies: returns
  1715. 1053 Return periods
  1716. 1054 Building society payments
  1717. 1055 Registered societies : interest and share dividends
  1718. 1056 Dividend or bonus relating to transactions
  1719. 1057 UK agricultural or fishing co-operatives: interest and share dividends
  1720. 1058 Meaning of “UK agricultural or fishing co-operative”
  1721. 1059 Associated persons
  1722. 1060 Associated persons: trustees
  1723. 1061 Associated persons: personal representatives
  1724. 1062 Connected persons
  1725. 1063 Section 1062: supplementary
  1726. 1064 Certain expenses of close companies treated as distributions
  1727. 1065 Exception for benefits treated as employment income etc
  1728. 1066 Exception for certain transfers between UK resident companies
  1729. 1067 Companies acting in concert or under arrangements
  1730. 1068 Meaning of “participator” in sections 1064 to 1067
  1731. 1069 Additional persons treated as participators
  1732. 1070 Companies carrying on a mutual business
  1733. 1071 Companies not carrying on a business
  1734. 1072 Members of a 90% group
  1735. 1073 Key terms etc
  1736. 1074 Purpose of provisions about demergers
  1737. 1075 Exempt distributions
  1738. 1076 Transfer of shares in subsidiaries to members
  1739. 1077 Transfer by distributing company and issue of shares by transferee company
  1740. 1078 Division of business in a cross-border transfer
  1741. 1079 “The distributing company”
  1742. 1080 Meaning of “relevant company”
  1743. 1081 General conditions
  1744. 1082 Conditions for distributions within section 1076(a)
  1745. 1083 Conditions for distributions within section 1077(1)
  1746. 1084 Cases where condition K does not apply
  1747. 1085 Conditions to be met if the distributing company is a 75% subsidiary
  1748. 1086 Chargeable payments connected with exempt distributions
  1749. 1087 Chargeable payments not deductible in calculating profits
  1750. 1088 Meaning of “chargeable payment”
  1751. 1089 Meaning of “chargeable payment”: unquoted companies
  1752. 1090 Meaning of “company concerned in an exempt distribution”
  1753. 1091 Advance clearance of distributions
  1754. 1092 Advance clearance of payments
  1755. 1093 Requirements relating to applications for clearance
  1756. 1094 Decision of the Commissioners or tribunal
  1757. 1095 Exempt distributions: returns
  1758. 1096 Chargeable payments etc: returns
  1759. 1097 Information about person for whom a payment is received
  1760. 1098 Meaning of “unquoted company”
  1761. 1099 Other definitions etc
  1762. 1100 Certain distributions: right to request a statement
  1763. 1101 Other distributions etc: returns and information
  1764. 1102 Other distributions etc: additional information
  1765. 1103 Power to modify or replace sections 1101 and 1102
  1766. 1104 Company distributing dividend or interest: duty to provide tax certificates
  1767. 1105 Duties of nominees
  1768. 1106 Meaning of “tax certificate” etc
  1769. 1107 Penalties
  1770. 1108 Alternative means of compliance with sections 1104 and 1105
  1771. 1109 Tax credits for certain recipients of exempt qualifying distributions
  1772. 1110 Recovery of overpaid tax credit etc
  1773. 1111 Section 1110: supplementary
  1774. 1112 Arrangements between companies
  1775. 1113 “In respect of shares”
  1776. 1114 “In respect of securities”
  1777. 1115 “New consideration”
  1778. 1116 References to married persons, or civil partners, living together
  1779. 1117 Other interpretation
  1780. 1118 Introduction to Chapter
  1781. 1119 The definitions
  1782. 1120 “Bank”
  1783. 1121 “Company”
  1784. 1122 “Connected” persons
  1785. 1123 “Connected” persons: supplementary
  1786. 1124 “Control”
  1787. 1125 “Farming” and related expressions
  1788. 1126 “Franked investment income”
  1789. 1127 “Generally accepted accounting practice” and related expressions
  1790. 1128 “Grossing up”
  1791. 1129 “Hire-purchase agreement”
  1792. 1130 “Local authority”
  1793. 1131 “Local authority association”
  1794. 1132 “Offshore installation”
  1795. 1133 Regulations about the meaning of “offshore installation”
  1796. 1134 “Oil and gas exploration and appraisal”
  1797. 1135 “Property investment LLP”
  1798. 1136 “Qualifying distribution”
  1799. 1137 “Recognised stock exchange”
  1800. 1138 “Research and development”
  1801. 1139 “Tax advantage”
  1802. 1140 “Unauthorised unit trust”
  1803. 1140A Introduction
  1804. 1141 Permanent establishments of companies
  1805. 1142 Agent of independent status
  1806. 1143 Preparatory or auxiliary activities
  1807. 1144 Alternative finance arrangements
  1808. 1145 The independent broker conditions
  1809. 1146 The independent investment manager conditions
  1810. 1147 Investment managers: the 20% rule
  1811. 1148 Section 1147: interpretation
  1812. 1149 Application of 20% rule to collective investment schemes
  1813. 1150 Meaning of “investment manager” and “investment transaction”
  1814. 1151 Lloyd's agents
  1815. 1152 Investment managers: disregard of certain chargeable profits
  1816. 1153 Miscellaneous
  1817. 1154 Meaning of “51% subsidiary”, “75% subsidiary” and “90% subsidiary”
  1818. 1155 Indirect ownership of ordinary share capital
  1819. 1156 Calculation of amounts owned indirectly: main rules
  1820. 1157 Adding fractions together
  1821. 1158 Meaning of “investment trust”
  1822. 1159 Approval
  1823. 1160 Calculation of income
  1824. 1161 The income retention condition: exceptions
  1825. 1162 The 15% holding limit: exceptions
  1826. 1163 Basic meaning of “holding in a company”
  1827. 1164 More about the meaning of “holding in a company”
  1828. 1165 Other interpretation
  1829. 1166 Scotland
  1830. 1167 Sources of income within the charge to corporation tax or income tax
  1831. 1168 Payment of dividends
  1832. 1169 Settlements and trustees
  1833. 1170 Territorial sea of the United Kingdom
  1834. 1171 Orders and regulations
  1835. 1172 Apportionment to different periods
  1836. 1173 Miscellaneous charges
  1837. 1174 Abbreviated references to Acts
  1838. 1175 Claims and elections
  1839. 1176 Meaning of “connected” persons and “control”
  1840. 1177 Minor and consequential amendments
  1841. 1178 Power to make consequential provision
  1842. 1179 Power to undo changes
  1843. 1180 Transitional provisions and savings
  1844. 1181 Repeals and revocations
  1845. 1182 Index of defined expressions
  1846. 1183 Extent
  1847. 1184 Commencement
  1848. 1185 Short title
  1849. SCHEDULE 1 Minor and consequential amendments
  1850. SCHEDULE 2 Transitionals and savings etc
  1851. SCHEDULE 3 Repeals and revocations
  1852. SCHEDULE 4 Index of defined expressions

Proposed changes to this act

No one has proposed a change to this act yet.

1,852 provisions

357BG Finance income

(1) For the purposes of this Part “finance income”, in relation to a trade of a company, means— (a) any credits which are treated as receipts of the trade by virtue of— (i) section 297 of CTA 2009 (credits in respect of loan relationships), or (ii) section 573 of CTA 2009 (credits in respect of derivative contracts), (b) any amount which in accordance with generally accepted accounting practice falls to be recognised as arising from a financial asset, and (c) any return, in relation to an amount, which— (i) is produced for the company by an arrangement to which it is a party, and (ii) is economically equivalent to interest. (2) In subsection (1)— “economically equivalent to interest” is to be construed in accordance with section 486B(2) and (3) of CTA 2009, and “financial asset” means a financial asset as defined for the purposes of generally accepted accounting practice. (3) For the purposes of subsection (1)(c), the amount of a return is the amount which by virtue of the return would, in calculating the company's chargeable profits, be treated under section 486B of CTA 2009 (disguised interest to be regarded as profit from loan relationship) as profit arising to the company from a loan relationship. But, in calculating that profit for the purposes of this subsection, sections 486B(7) and 486C to 486E of that Act are to be ignored.

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357BH Relevant IP income

(1) For the purposes of this Part “relevant IP income” means income falling within any of the Heads set out in— (a) subsection (2) (sales income), (b) subsection (6) (licence fees), (c) subsection (7) (proceeds of sale etc), (d) subsection (8) (damages for infringement), and (e) subsection (9) (other compensation). This is subject to section 357BHB (excluded income). (2) Head 1 is income arising from the sale by the company of any of the following items— (a) items in respect of which a qualifying IP right held by the company has been granted (“qualifying items”); (b) items incorporating one or more qualifying items; (c) items that are wholly or mainly designed to be incorporated into items within paragraph (a) or (b). (3) For the purposes of this Part an item and its packaging are not to be treated as a single item, unless the packaging performs a function that is essential for the use of the item for the purposes for which it is intended to be used. (4) In subsection (3) “packaging”, in relation to an item, means any form of container or other packaging used for the containment, protection, handling, delivery or presentation of the item, including by way of attaching the item to, or winding the item round, some other article. (5) In a case where a qualifying item and an item that is designed to incorporate that item (“the parent item”) are sold together as, or as part of, a single unit for a single price, the reference in subsection (2)(b) to an item incorporating a qualifying item includes a reference to the parent item. (6) Head 2 is income consisting of any licence fee or royalty which the company receives under an agreement granting another person any of the following rights only— (a) a right in respect of any qualifying IP right held by the company, (b) any other right in respect of a qualifying item or process, and (c) in the case of an agreement granting any right within paragraph (a) or (b), a right granted for the same purposes as those for which that right was granted. In this subsection “qualifying process” means a process in respect of which a qualifying IP right held by the company has been granted. (7) Head 3 is any income arising from the sale or other disposal of a qualifying IP right or an exclusive licence in respect of such a right. (8) Head 4 is any amount received by the company in respect of an infringement, or alleged infringement, of a qualifying IP right held by the company at the time of the infringement or alleged infringement. (9) Head 5 is any amount of damages, proceeds of insurance or other compensation, other than an amount in respect of an infringement or alleged infringement of a qualifying IP right, which is received by the company in respect of an event and— (a) is paid in respect of any items that fell within subsection (2) at the time of that event, or (b) represents a loss of income which would, if received by the company at the time of that event, have been relevant IP income. (10) But income is not relevant IP income by virtue of subsection (8) or (9) unless the event in respect of which the income is received, or any part of that event, occurred at a time when— (a) the company was a qualifying company, and (b) an election under section 357A(1) had effect in relation to it. (11) In a case where the whole of that event does not occur at such a time, subsection (8) or (9) (as the case may be) applies only to so much of the amount received by the company in respect of the event as on a just and reasonable apportionment is properly attributable to such a time. (12) Any reference in this section to a qualifying IP right held by the company includes a reference to a qualifying IP right in respect of which the company holds an exclusive licence.

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357BHA Notional royalty

(1) This section applies where— (a) a company holds a qualifying IP right or an exclusive licence in respect of a qualifying IP right, (b) the qualifying IP right falls within paragraph (a), (b) or (c) of section 357BB(1), and (c) the income of a trade of the company for an accounting period includes income (“IP-derived income”) which— (i) arises from things done by the company that involve the exploitation by the company of the qualifying IP right, and (ii) is not relevant IP income, finance income or excluded income. (2) The company may elect that the appropriate percentage of the IP-derived income is to be treated for the purposes of this Part as if it were relevant IP income. (3) The “appropriate percentage” is the proportion of the IP-derived income which the company would pay another person (“P”) for the right to exploit the qualifying IP right in the accounting period concerned if the company were not otherwise able to exploit it. (4) For the purposes of determining the appropriate percentage under this section, assume that— (a) the company and P are dealing at arm's length, (b) the company, or the company and persons authorised by it, will have the right to exploit the qualifying IP right to the exclusion of any other person (including P), (c) the company will have the same rights in relation to the qualifying IP right as it actually has, (d) the right to exploit the qualifying IP right is conferred on the relevant day, (e) the appropriate percentage is determined at the beginning of the accounting period concerned, (f) the appropriate percentage will apply for each succeeding accounting period for which the company will have the right to exploit the qualifying IP right, and (g) no income other than IP-derived income will arise from anything done by the company that involves the exploitation by the company of the qualifying IP right. (5) In subsection (4)(d) “the relevant day” means— (a) the first day of the accounting period concerned, or (b) if later, the day on which the company first began to hold the qualifying IP right or licence. (6) In determining the appropriate percentage, the company must act in accordance with— (a) Article 9 of the OECD Model Tax Convention, and (b) the OECD transfer pricing guidelines. (7) In this section “excluded income” means any income falling within either of the Heads in section 357BHB.

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357BHB Excluded income

(1) For the purposes of this Part income falling within either of the Heads set out in the following subsections is not relevant IP income— (a) subsection (2) (ring fence income), (b) subsection (3) (income attributable to non-exclusive licences). (2) Head 1 is income arising from oil extraction activities or oil rights. In this subsection “oil extraction activities” and “oil rights” have the same meaning as in Part 8 (see sections 272 and 273). (3) Head 2 is income which on a just and reasonable apportionment is properly attributable to a licence (a “non-exclusive licence”) held by the company which— (a) is a licence in respect of an item or process, but (b) is not an exclusive licence in respect of a qualifying IP right. (4) In a case where— (a) a company holds an exclusive licence in respect of a qualifying IP right, and (b) the licence also confers on the company (or on the company and persons authorised by it) any right in respect of the invention otherwise than to the exclusion of all other persons, the licence is to be treated for the purposes of this Part as if it were two separate licences, one an exclusive licence that does not confer any such rights, and the other a non-exclusive licence conferring those rights.

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357BHC Mixed sources of income

(1) This section applies to any income that— (a) is mixed income, or (b) is paid under a mixed agreement. (2) “Mixed income” means the proceeds of sale where an item falling within subsection (2) of section 357BH and an item not falling within that subsection are sold together as, or as part of, a single unit for a single price. (3) A “mixed agreement” is an agreement providing for— (a) one or more of the matters in paragraphs (a) to (c) of subsection (4), and (b) one or more of the matters in paragraphs (d) to (g) of that subsection. (4) The matters are— (a) the sale of an item falling within section 357BH(2), (b) the grant of any right falling within paragraph (a), (b) or (c) of section 357BH(6), (c) a sale or disposal falling within section 357BH(7), (d) the sale of any other item, (e) the grant of any other right, (f) any other sale or disposal, (g) the provision of any services. (5) So much of the income as on a just and reasonable apportionment is properly attributable to— (a) the sale of an item falling within section 357BH(2), (b) the grant of any right falling within paragraph (a), (b) or (c) of section 357BH(6), or (c) a sale or disposal falling within section 357BH(7), is to be regarded for the purposes of this Part as relevant IP income. (6) But where the amount of income that on such an apportionment is properly attributable to any of the matters in paragraphs (d) to (g) of subsection (4) is a trivial proportion of the income to which this section applies, all of that income is to be regarded for the purposes of this Part as relevant IP income.

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357BI Excluded debits

For the purposes of this Part “excluded debits” means— (a) the amount of any debits which are treated as expenses of a trade by virtue of— (i) section 297 of CTA 2009 (debits in respect of loan relationships), or (ii) section 573 of CTA 2009 (debits in respect of derivative contracts), (b) the amount of any additional deduction for an accounting period obtained by a company under Part 13 of CTA 2009 for expenditure on research and development in relation to a trade, (c) the amount of any additional deduction for an accounting period obtained by a company under Part 15A of CTA 2009 in respect of qualifying expenditure on a television programme, (d) the amount of any additional deduction for an accounting period obtained by a company under Part 15B of CTA 2009 in respect of qualifying expenditure on a video game, and (e) the amount of any additional deduction for an accounting period obtained by a company under Part 15C of CTA 2009 in respect of qualifying expenditure on a theatrical production.

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357BIA Certain amounts not to be deducted from sub-streams at Step 4 of section 357BF

(1) This section applies where a company enters into an arrangement with a person under which— (a) the person assigns to the company a qualifying IP right or grants or transfers to the company an exclusive licence in respect of a qualifying IP right, and (b) the company makes to the person an income-related payment. (2) A payment is an “income-related payment” for the purposes of subsection (1) if— (a) the obligation to make the payment arises under the arrangement by reason of the amount of income the company has accrued which is properly attributable to the right or licence, or (b) the amount of the payment is determined under the arrangement by reference to the amount of income the company has accrued which is so attributable. (3) If the amount of the income-related payment is allocated to a relevant IP income sub-stream at Step 3 of section 357BF(2), the amount is not to be deducted from the sub-stream at Step 4 of section 357BF(2) unless the payment will not affect the R&D fraction for the sub-stream.”

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357BJ Routine return figure

(1) This section applies for the purpose of calculating the routine return figure for a relevant IP income sub-stream established at Step 2 in section 357BF(2) in determining the relevant IP profits of a trade of a company for an accounting period. (2) The routine return figure for the sub-stream is 10% of the aggregate of any routine deductions which— (a) have been made by the company in calculating the profits of the trade for the accounting period, and (b) have been allocated to the sub-stream at Step 3 in section 357BF(2). For the meaning of “routine deductions”, see sections 357BJA and 357BJB. (3) In a case where— (a) the company (“C”) is a member of a group, (b) another member of the group has incurred expenses on behalf of C, (c) had they been incurred by C, C would have made a deduction in respect of the expenses in calculating the profits of the trade for the accounting period, (d) the deduction would have been a routine deduction, and (e) the deduction would have been allocated to the sub-stream at Step 3 in section 357BF(2), C is to be treated for the purposes of subsection (2) as having made such a routine deduction and as having allocated the deduction to the sub-stream. (4) Where expenses have been incurred by any member of the group on behalf of C and any other member of the group, subsection (3) applies in relation to so much of the amount of the expenses as on a just and reasonable apportionment may properly be regarded as incurred on behalf of C.

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357BJA Routine deductions

(1) For the purposes of this Part, “routine deductions” means deductions falling within any of the Heads set out in— (a) subsection (2) (capital allowances), (b) subsection (3) (costs of premises), (c) subsection (4) (personnel costs), (d) subsection (5) (plant and machinery costs), (e) subsection (6) (professional services), and (f) subsection (7) (miscellaneous services). This is subject to section 357BJB (deductions that are not routine deductions). (2) Head 1 is any allowances under CAA 2001. (3) Head 2 is any deductions made by the company in respect of any premises occupied by the company. (4) Head 3 is any deductions made by the company in respect of— (a) any director or employee of the company, or (b) any externally provided workers. (5) Head 4 is any deductions made by the company in respect of any plant or machinery used by the company. (6) Head 5 is any deductions made by the company in respect of any of the following services— (a) legal services, other than IP-related services; (b) financial services, including— (i) insurance services, and (ii) valuation or actuarial services; (c) services provided in connection with the administration or management of the company's directors and employees; (d) any other consultancy services. (7) Head 6 is any deductions made by the company in respect of any of the following services— (a) the supply of water, fuel or power; (b) telecommunications services; (c) computing services, including computer software; (d) postal services; (e) the transportation of any items; (f) the collection, removal and disposal of refuse. (8) In this section— “externally provided worker” has the same meaning as in Part 13 of CTA 2009 (see section 1128 of that Act), “IP-related services” means services provided in connection with— any application for a right to which this Part applies, or any proceedings relating to the enforcement of any such right, “premises” includes any land, “telecommunications service” means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service), and “telecommunication system” means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy. (9) The Treasury may by regulations amend this section.

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357BJB Deductions that are not routine deductions

(1) For the purposes of this Part a deduction is not a “routine deduction” if it falls within any of the Heads set out in— (a) subsection (2) (loan relationships and derivative contracts), (b) subsection (3) (R&D expenses), (c) subsection (4) (capital allowances for R&D or patents), (d) subsection (5) (R&D-related employee share acquisitions), (da) subsection (7A) (expenditure on the production of films, television programmes and video games), (e) subsection (8) (television production expenditure), (f) subsection (9) (video games development expenditure). (2) Head 1 is any debits which are treated as expenses of the trade by virtue of— (a) section 297 of CTA 2009 (debits in respect of loan relationships), or (b) section 573 of CTA 2009 (debits in respect of derivative contracts). (3) Head 2 is— (a) the amount of any expenditure on research and development in relation to the trade— (i) for which an additional deduction for the accounting period is obtained by the company under Part 13 of CTA 2009, or (ii) in respect of which the company is entitled to an R&D expenditure credit for the accounting period under Chapter 1A of that Part, and (b) where the company obtains an additional deduction as mentioned in paragraph (a)(i), the amount of that additional deduction. (4) Head 3 is any allowances under— (a) Part 6 of CAA 2001 (research and development allowances), or (b) Part 8 of CAA 2001 (patent allowances). (5) Head 4 is the appropriate proportion of any deductions allowed under Part 12 of CTA 2009 (relief for employee share acquisitions) in a case where— (a) shares are acquired by an employee or another person because of the employee's employment by the company, and (b) the employee is wholly or partly engaged directly and actively in relevant research and development (within the meaning of section 1042 of CTA 2009). (6) In subsection (5) “the appropriate proportion”, in relation to a deduction allowed in respect of an employee, is the proportion of the staffing costs in respect of the employee which are attributable to relevant research and development for the purposes of Part 13 of CTA 2009 (see section 1124 of that Act). “Staffing costs” has the same meaning as in that Part (see section 1123 of that Act). (7) Subsections (5) and (6) of section 1124 of CTA 2009 apply for the purposes of subsection (5)(b) as they apply for the purposes of that section. (7A) Head 4A is the amount of any expenditure in respect of which the company is entitled to an audiovisual expenditure credit or video game expenditure credit under Part 14A of CTA 2009. (8) Head 5 is— (a) the amount of any qualifying expenditure on a television programme for which an additional deduction for the accounting period is obtained by the company under Part 15A of CTA 2009, and (b) the amount of that additional deduction. (9) Head 6 is— (a) the amount of any qualifying expenditure on a video game for which an additional deduction for the accounting period is obtained by the company under Part 15B of CTA 2009, and (b) the amount of that additional deduction. (10) The Treasury may by regulations amend this section.

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357BK Marketing assets return figure

(1) The marketing assets return figure for a relevant IP income sub-stream is— NMR − AMR where— NMR is the notional marketing royalty in respect of the sub-stream (see section 357BKA), and AMR is the actual marketing royalty in respect of the sub-stream (see section 357BKB). (2) Where— (a) AMR is greater than NMR, or (b) the difference between NMR and AMR is less than 10% of the amount of the relevant IP income sub-stream following the deductions required by Step 4 in section 357BF(2), the marketing assets return figure for the sub-stream is nil.

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357BKA Notional marketing royalty

(1) The notional marketing royalty in respect of a relevant IP income sub-stream is the appropriate percentage of the income allocated to that sub-stream at Step 2 in section 357BF(2). (2) The “appropriate percentage” is the proportion of that income which the company would pay another person (“P”) for the right to exploit the relevant marketing assets in the accounting period concerned if the company were not otherwise able to exploit them. (3) For the purposes of this section a marketing asset is a “relevant marketing asset” in relation to a relevant IP income sub-stream if the sub-stream includes any income arising from things done by the company that involve the exploitation by the company of that marketing asset. (4) For the purpose of determining the appropriate percentage under this section, assume that— (a) the company and P are dealing at arm's length, (b) the company, or the company and persons authorised by it, will have the right to exploit the relevant marketing assets to the exclusion of any other person (including P), (c) the company will have the same rights in relation to the relevant marketing assets as it actually has, (d) the right to exploit the relevant marketing assets is conferred on the relevant day, (e) the appropriate percentage is determined at the beginning of the accounting period concerned, (f) the appropriate percentage will apply for each succeeding accounting period for which the company will have the right to exploit the relevant marketing assets, and (g) no income other than income within the relevant IP income sub-stream will arise from anything done by the company that involves the exploitation by the company of the relevant marketing assets. (5) In subsection (4)(d) “the relevant day”, in relation to a relevant marketing asset, means— (a) the first day of the accounting period concerned, or (b) if later, the day on which the company first acquired the relevant marketing asset or the right to exploit the asset. (6) In determining the appropriate percentage, the company must act in accordance with— (a) Article 9 of the OECD Model Tax Convention, and (b) the OECD transfer pricing guidelines. (7) In this section “marketing asset” means any of the following (whether or not capable of being transferred or assigned)— (a) anything in respect of which proceedings for passing off could be brought, including a registered trade mark (within the meaning of the Trade Marks Act 1994), (b) anything that corresponds to a marketing asset within paragraph (a) and is recognised under the law of a country or territory outside the United Kingdom, (c) any signs or indications (so far as not falling within paragraph (a) or (b)) which may serve, in trade, to designate the geographical origin of goods or services, and (d) any information which relates to customers or potential customers of the company, or any other member of a group of which the company is a member, and is intended to be used for marketing purposes.

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357BKB Actual marketing royalty

(1) The actual marketing royalty for a relevant IP income sub-stream is the aggregate of any sums which— (a) were paid by the company for the purposes of acquiring any relevant marketing assets or the right to exploit any such assets, and (b) have been allocated to the sub-stream at Step 3 in section 357BF(2). (2) In this section “relevant marketing asset” has the same meaning as in section 357BKA.

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357BL Introduction

(1) Sections 357BLA to 357BLH apply for the purpose of determining the R&D fraction for a relevant IP income sub-stream established at Step 2 in section 357BF(2) in determining the relevant IP profits of a trade of a company for an accounting period. (2) In sections 357BLA to 357BLH, references to “the sub-stream”, “the trade”, “the company” and “the accounting period” are to the relevant IP income sub-stream, the trade, the company and the accounting period referred to in subsection (1).

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357BLA The R&D fraction

(1) The R&D fraction for the sub-stream is the lesser of 1 and— ( D + S1 ) × 1.3 D + S1 + S2 + A where— D is the company's qualifying expenditure on relevant R&D undertaken in-house (see section 357BLB), S1 is the company's qualifying expenditure on relevant R&D sub-contracted to unconnected persons (see section 357BLC), S2 is the company's qualifying expenditure on relevant R&D sub-contracted to connected persons (see section 357BLD), and A is the company's qualifying expenditure on the acquisition of relevant qualifying IP rights (see section 357BLE). (2) This section is subject to section 357BLH (R&D fraction: increase for exceptional circumstances).

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357BLB Qualifying expenditure on relevant R&D undertaken in-house

(1) In section 357BLA, the company's “qualifying expenditure on relevant R&D undertaken in-house” means the expenditure incurred by the company during the relevant period which meets conditions A and B. (2) Condition A is that the expenditure is— (a) incurred on staffing costs, (b) incurred on software , data licences, cloud computing services or consumable items, (c) qualifying expenditure on externally provided workers, or (d) incurred on relevant payments to the subjects of clinical trials. (3) Condition B is that the expenditure is attributable to relevant research and development undertaken by the company itself. (4) If an election made by the company under section 18A of CTA 2009 (election for exemption for profits or losses of company's foreign permanent establishments) applies to the relevant period, expenditure incurred by the company during the period which meets conditions A and B— (a) is not “qualifying expenditure on relevant R&D undertaken in-house”, but (b) is “qualifying expenditure on relevant R&D sub-contracted to connected persons”, so far as it is expenditure brought into account in calculating a relevant profits amount, or a relevant losses amount, aggregated at section 18A(4)(a) or (b) of CTA 2009 in calculating the company's foreign permanent establishments amount for the period. (5) In this section and sections 357BLC and 357BLD, “relevant research and development” means research and development (within the meaning of section 1138) which— (a) in a case where the sub-stream is an individual IP right sub-stream, relates to the qualifying IP right to which the income in the sub-stream is attributable, (b) in a case where the sub-stream is a product sub-stream, relates to a qualifying IP right granted in respect of any item— (i) to which income in the sub-stream is attributable, or (ii) which is incorporated in an item to which income in the sub-stream is attributable, or (c) in a case where the sub-stream is a process sub-stream, relates to a qualifying IP right granted in respect of any process— (i) to which income in the sub-stream is attributable, or (ii) which is incorporated in a process to which income in the sub-stream is attributable. (6) Research and development “relates” to a qualifying IP right for the purposes of subsection (5) if— (a) it creates, or contributes to the creation of, the invention, (b) it is undertaken for the purpose of developing the invention, (c) it is undertaken for the purpose of developing ways in which the invention may be used or applied, or (d) it is undertaken for the purpose of developing any item or process incorporating the invention. (7) The following provisions of CTA 2009 apply for the purposes of this section— (a) section 1123 (meaning of “staffing costs”), (b) section 1124 (when staffing costs are attributable to relevant research and development), (c) section 1125 (meaning of “software , data licences, cloud computing services or consumable items”), (d) sections 1126 to 1126B (when software , data licences, cloud computing services or consumable items are attributable to relevant research and development), (e) sections 1127 to 1131 (meaning of “qualifying expenditure on externally provided workers”), as those provisions had effect before the amendments made by paragraph 9 of Schedule 1 to FA 2024, (f) section 1132 (when qualifying expenditure on externally provided workers is attributable to relevant research and development), and (g) section 1140 (meaning of “relevant payments to the subjects of clinical trials”), and in the application of those provisions for the purposes of this section any reference to “relevant research and development” is to be read as a reference to relevant research and development within the meaning given by subsection (5).

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357BLC Qualifying expenditure on relevant R&D sub-contracted to unconnected persons

(1) In section 357BLA, the company's “qualifying expenditure on relevant R&D sub-contracted to unconnected persons” means the expenditure incurred by the company during the relevant period in making payments within subsection (2). (2) A payment is within this subsection if— (a) it is made to a person in respect of relevant research and development contracted out by the company to the person, and (b) the company and the person are not connected (within the meaning given by section 1122). (3) If an election made by the company under section 18A of CTA 2009 (election for exemption for profits or losses of company's foreign permanent establishments) applies to the relevant period, expenditure incurred by the company during the period in making payments within subsection (2)— (a) is not “qualifying expenditure on relevant R&D sub-contracted to unconnected persons”, but (b) is “qualifying expenditure on relevant R&D sub-contracted to connected persons”, so far as it is expenditure brought into account in calculating a relevant profits amount, or a relevant losses amount, aggregated at section 18A(4)(a) or (b) of CTA 2009 in calculating the company's foreign permanent establishments amount for the period. (4) Where a payment is made to a person in respect of relevant research and development contracted out to the person and in respect of other matters, so much of the payment as is properly attributable to other matters is to be disregarded for the purposes of this section.

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357BLD Qualifying expenditure on relevant R&D sub-contracted to connected persons

(1) In section 357BLA, the company's “qualifying expenditure on relevant R&D sub-contracted to connected persons” means the total of— (a) any expenditure which is “qualifying expenditure on relevant R&D sub-contracted to connected persons” as a result of section 357BLB(4) or 357BLC(3) (certain expenditure attributed to company's foreign permanent establishments), and (b) the expenditure incurred by the company during the relevant period in making payments within subsection (2). (2) A payment is within this subsection if— (a) it is made to a person in respect of relevant research and development contracted out by the company to the person, and (b) the company and the person are connected (within the meaning given by section 1122). (3) Where a payment is made to a person in respect of relevant research and development contracted out to the person and in respect of other matters, so much of the payment as is properly attributable to other matters is to be disregarded for the purposes of this section.

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357BLE Qualifying expenditure on acquisition of relevant qualifying IP rights

(1) In section 357BLA, the company's “qualifying expenditure on the acquisition of relevant qualifying IP rights” means the expenditure incurred by the company in making during the relevant period payments within any of subsections (2), (3) and (4). (2) A payment is within this subsection if it is made to a person in respect of the assignment by that person to the company of a relevant qualifying IP right. (3) A payment is within this subsection if it is made to a person in respect of the grant or transfer by that person to the company of an exclusive licence in respect of a relevant qualifying IP right. (4) A payment is within this subsection if— (a) it is made to a person in respect of the disclosure by that person to the company of any item or process, and (b) the company applies for and is granted a relevant qualifying IP right in respect of that item or process (or any item or process derived from it). (5) Where the company has incurred expenditure in making a series of payments to a person in respect of a single assignment, grant, transfer or disclosure, each of the payments in the series is to be treated for the purposes of this section as having been made on the date on which the first payment in the series was made. (6) “Relevant qualifying IP right” means— (a) in a case where the sub-stream is an individual IP right sub-stream, the qualifying IP right to which the income in the sub-stream is attributable, (b) in a case where the sub-stream is a product sub-stream, a qualifying IP right granted in respect of an item— (i) to which income in the sub-stream is attributable, or (ii) which is incorporated in an item to which income in the sub-stream is attributable, or (c) in a case where the sub-stream is a process sub-stream, a qualifying IP right granted in respect of a process— (i) to which income in the sub-stream is attributable, or (ii) which is incorporated in a process to which income in the sub-stream is attributable.

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357BLEA Cases where the company is a party to a CSA

(1) Subsection (2) applies if during the relevant period— (a) the company is a party to a cost-sharing arrangement (see section 357GC), (b) the company incurs expenditure in making payments under the arrangement that are within section 357BLC(2) by reason of section 357GCZC, and (c) persons who are not connected with the company make payments under the arrangement to the company in respect of relevant research and development undertaken or contracted out by the company. (2) So much of the expenditure referred to in paragraph (b) of subsection (1) as is equal to the amount of the payments referred to in paragraph (c) of that subsection is to be disregarded in determining the R&D fraction for the sub-stream. (3) Subsection (4) applies if during the relevant period— (a) the company is a party to a cost-sharing arrangement, (b) the company incurs expenditure in making payments under the arrangement that are within subsection (5), and (c) the company receives payments under the arrangement that are within subsection (6). (4) So much of the expenditure referred to in paragraph (b) of subsection (3) as is equal to the amount of the payments referred to in paragraph (c) of that subsection is to be disregarded in determining the R&D fraction for the sub-stream. (5) A payment is within this subsection if— (a) it is within section 357BLD(2) by reason of section 357GCZC, or (b) it is within section 357BLE(2) or (3) by reason of section 357GCZD. (6) A payment is within this subsection if— (a) it is made by persons connected with the company in respect of relevant research and development undertaken or contracted out by the company, or (b) it is made in respect of an assignment to the company of a relevant qualifying IP right or a grant or transfer to the company of an exclusive licence in respect of such a right.

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357BLF Meaning of the “relevant period” etc

(1) Subsections (2) to (6) define “the relevant period” for the purposes of sections 357BLB to 357BLE. (2) The “relevant period” is the period which— (a) ends with the last day of the accounting period, and (b) begins on the relevant day or such earlier day as the company may elect. This is subject to subsection (6). (3) The “relevant day” is 1 July 2013 in a case where— (a) the accounting period begins before 1 July 2021, and (b) the company is a new entrant (see section 357A(11)). (4) The “relevant day” is 1 July 2016 in any other case. (5) A day elected under subsection (2)(b) must not be more than 20 years before the last day of the accounting period. (6) If the last day of the accounting period is, or is after, 1 July 2036 the “relevant period” is the period of 20 years ending with that day. (7) Expenditure incurred by the company is to be treated for the purposes of sections 357BLB to 357BLD as incurred during the relevant period if (and only if) the expenditure is allowable as a deduction in calculating for corporation tax purposes the profits of the trade for an accounting period which falls, in whole or in part, within the relevant period.

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357BLG Cases where the company is a new entrant with insufficient information about pre-enactment expenditure

(1) This section applies if— (a) the accounting period begins before 1 July 2021 and the company is a new entrant (so that subsection (3) of section 357BLF applies), and (b) the company has insufficient information about its expenditure in the period which begins with 1 July 2013 and ends with 30 June 2016 to be able to calculate the R&D fraction for the sub-stream. (2) If the accounting period begins on or after 1 July 2019, the company may elect that, for the purposes of enabling it to determine the R&D fraction for the sub-stream, section 357BLF is to have effect as if in subsection (3) for “1 July 2013” there were substituted “ 1 July 2016 ”. (3) If the accounting period begins before 1 July 2019 the company may elect that, for the purposes of enabling it to determine the R&D fraction for the sub-stream, sections 357BL to 357BLE are to have effect as if— (a) any reference in those sections to the relevant period were to the period of three years ending with the last day of the accounting period, (b) in section 357BLB, for subsections (5) and (6) there were substituted— (5) In this section and sections 357BLC and 357BLD, “relevant research and development” means research and development (within the meaning of section 1138) which relates to the trade. , and (c) in section 357BLE— (i) in each of subsections (2), (3) and (4) the word “relevant” were omitted, and (ii) subsection (6) were omitted.

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357BLH R&D fraction: increase for exceptional circumstances

(1) The company may elect to increase the R&D fraction for the sub-stream by the amount mentioned in subsection (2) if (but for the increase)— (a) it would not be less than 0.325, and (b) it would, because of exceptional circumstances, be less than the value fraction for the sub-stream (see subsection (3)). (2) The amount of the increase referred to in subsection (1) is the amount which is equal to the difference between the R&D fraction (before the increase) and the value fraction. (3) The “value fraction” for the sub-stream is the fraction which, on a just and reasonable assessment, represents the proportion of the value of the relevant qualifying IP rights which is properly attributable to research and development undertaken at any time— (a) by the company itself, or (b) on behalf of the company by persons not connected with it. (4) An election under subsection (1) is made by the company giving notice to an officer of Revenue and Customs. (5) The notice must be given on or before the last day on which an amendment of the company's tax return for the accounting period could be made under paragraph 15 of Schedule 18 to FA 1998. (6) In this section— “relevant qualifying IP rights” has the same meaning as in section 357BLE, and “research and development” has the meaning given by section 1138. (7) Section 1122 (meaning of “connected” persons”) applies for the purposes of this section.

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357BM Profits arising before grant of right

(1) This section applies where a company— (a) holds a right mentioned in paragraph (a), (b) or (c) of section 357BB(1) (rights to which this Part applies) or an exclusive licence in respect of such a right, or (b) would hold such a right or licence but for the fact that the company disposed of any rights in the invention or (as the case may be) the licence before the right was granted. (2) The company may elect that, for the purposes of determining the relevant IP profits of a trade of the company for the accounting period in which the right is granted, there is to be added the amount determined in accordance with subsection (3) (the “ additional amount ”). (3) The additional amount is the difference between— (a) the aggregate of the relevant IP profits of the trade for each relevant accounting period, and (b) the aggregate of what the relevant IP profits of the trade for each relevant accounting period would have been if the right had been granted on the relevant day. (4) For the purposes of determining the additional amount, the amount of any relevant IP profits to which section 357A does not apply by virtue of Chapter 5 (relevant IP losses) is to be disregarded. (5) In this section “relevant accounting period” means— (a) the accounting period of the company in which the right is granted, and (b) any earlier accounting period of the company which meets the conditions in subsection (6). (6) The conditions mentioned in subsection (5)(b) are— (a) that it is an accounting period for which an election made by the company under section 357A(1) has effect, (b) that it is an accounting period for which the company is a qualifying company, and (c) that it ends on or after the relevant day. (7) In this section “the relevant day” is the later of— (a) the first day of the period of 6 years ending with the day on which the right is granted, and (b) the day on which— (i) the application for the grant of the right was filed, or (ii) in the case of a company that holds an exclusive licence in respect of the right, the licence was granted. (8) Where the company would be a qualifying company for an accounting period but for the fact that the right had not been granted at any time during that accounting period, the company is to be treated for the purposes of this section as if it were a qualifying company for that accounting period. (9) Where the company would be a qualifying company for the accounting period in which the right was granted but for the fact that the company disposed of the rights or licence mentioned in subsection (1)(b) before the right was granted, the company is to be treated for the purposes of section 357A as if it were a qualifying company for that accounting period.

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357BN Small claims treatment

(1) This section applies where— (a) a company carries on only one trade during an accounting period, (b) section 357BF applies for the purposes of determining the relevant IP profits of the trade for the accounting period, and (c) the qualifying residual profit of the trade for the accounting period does not exceed whichever is the greater of— (i) £1,000,000, and (ii) the relevant maximum for the accounting period. (2) The company may make any of the following elections for the accounting period— (a) a notional royalty election (see section 357BNA), (b) a small claims figure election (see section 357BNB), and (c) a global streaming election (see section 357BNC). This is subject to subsections (3) and (4). (3) The company may not make a notional royalty election, a small claims figure election or a global streaming election for the accounting period if— (a) the qualifying residual profit of the trade for the accounting period exceeds £1,000,000, (b) section 357BF applied for the purposes of determining the relevant IP profits of the trade for any previous accounting period beginning within the relevant 4-year period, and (c) the company did not make a notional royalty election, a small claims figure election or (as the case may be) a global streaming election for that previous accounting period. (4) The company may not make a small claims figure election for the accounting period if— (a) the qualifying residual profit of the trade for the accounting period exceeds £1,000,000, (b) section 357C or 357DA applied for the purposes of determining the relevant IP profits of the trade for any previous accounting period beginning within the relevant 4-year period, and (c) the company did not make an election under section 357CL for small claims treatment for that previous accounting period. (5) In subsections (3) and (4) “the relevant 4-year period” means the period of 4 years ending with the beginning of the accounting period mentioned in subsection (1)(a). (6) For the purposes of this section, the “qualifying residual profit” of a trade of a company for an accounting period is the amount which (assuming the company did not make an election under this section) would be equal to the aggregate of the relevant IP income sub-streams established at Step 2 in section 357BF(2) in determining the relevant IP profits of the trade for the accounting period, following the deductions from those sub-streams required by Step 4 in section 357BF(2) (ignoring the amount of any sub-stream which is not greater than nil following those deductions). (7) For the purposes of this section, the “relevant maximum” for an accounting period of a company is— (a) in a case where the company has no associated company in the accounting period, £3,000,000; (b) in a case where one or more companies are related 51% group companies of the company in the accounting period, the amount given by the formula— £ 3,000,000 ( 1 + N ) where N is the number of those associated companies in relation to which an election under section 357A(1) has effect for the accounting period. (8) For an accounting period of less than 12 months, the relevant maximum is proportionally reduced. (9) The rules in Part 3A (see sections 18E to 18J) which apply for determining whether a company is another company's associated company in an accounting period for the purposes of section 18D apply for the purposes of this section.

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357BNA Notional royalty election

(1) Subsection (2) applies where a company has made a notional royalty election for an accounting period under section 357BN(2)(a). (2) In its application for the purposes of determining the relevant IP profits of the trade of the company for the accounting period, section 357BHA (notional royalty) has effect as if— (a) in subsection (2) for “the appropriate percentage” there were substituted “ 75% ”, and (b) subsections (3) to (6) were omitted.

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357BNB Small claims figure election

(1) Subsection (2) applies where a company has made a small claims figure election for an accounting period under section 357BN(2)(b). (2) In its application for the purposes of determining the relevant IP profits of the trade of the company for the accounting period, section 357BF(2) (steps for calculating relevant IP profits) has effect as if in Step 5— (a) for “marketing assets return figure” there was substituted “ small claims figure ”, and (b) for “(see section 357BK)” there was substituted “ (see section 357BNB(3)) ”. (3) Subsections (4) to (9) apply for the purpose of calculating the small claims figure for a relevant IP income sub-stream established at Step 2 in section 357BF(2) in determining the relevant IP profits of a trade of a company for an accounting period. (4) If 75% of the qualifying residual profit of the trade for the accounting period is lower than the small claims threshold, the small claims figure for the sub-stream is 25% of the amount of the sub-stream following Step 4 in section 357BF(2). (5) If 75% of the qualifying residual profit of the trade for the accounting period is higher than the small claims threshold, the small claims figure for the sub-stream is the amount given by— A − ( A QRP × SCT ) where— A is the amount of the sub-stream following the deductions required by Step 4 in section 357BF(2), QRP is the qualifying residual profit of the trade of the company for the accounting period, and SCT is the small claims threshold. (6) If the company has no associated company in the accounting period, the small claims threshold is £1,000,000. (7) If the company has one or more associated companies in the accounting period, the small claims threshold is— £ 1,000,000 ( 1 + N ) where N is the number of those associated companies in relation to which an election under section 357A(1) has effect for the accounting period. (8) For an accounting period of less than 12 months, the small claims threshold is proportionately reduced. (9) Subsection (6) of section 357BN (meaning of “qualifying residual profit”) applies for the purposes of subsection (4) and (5) of this section. (10) The rules in Part 3A (see sections 18E to 18J) which apply for determining whether a company is another company's associated company in an accounting period for the purposes of section 18D apply for the purposes of this section.

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357BNC Global streaming election

(1) Subsection (2) applies where a company has made a global streaming election for an accounting period under section 357BN(2)(c). (2) In its application for the purpose of determining the relevant IP profits of the trade of the company for the accounting period, this Chapter has effect with the following modifications. (3) In subsection (2) of section 357BF (relevant IP profits)— (a) omit Step 2, (b) in Step 3 for “each of the relevant IP income sub-streams” substitute “ the relevant IP income stream ”, (c) in Step 4— (i) in the words before paragraph (a), for “each” substitute “ the ”, (ii) for “sub-stream”, in each place it occurs, substitute “ stream ”, (d) in Step 5— (i) at the beginning insert “ If the relevant IP income stream is greater than nil following Step 4, ”, (ii) for the words from “each” to “Step 4” substitute “ the stream ”, (iii) for “sub-stream”, in the second place it occurs, substitute “ stream ”, (e) in Step 6— (i) for “each relevant IP income sub-stream” substitute “ the relevant IP income stream ”, (ii) for “sub-stream”, in the second place it occurs, substitute “ stream ”, (f) omit Step 7, and (g) in Step 8 for “given by Step 7” substitute “ of the relevant IP income stream following Step 6 ”. (4) In subsection (3) of that section for “given by” substitute “ of the relevant IP income stream following the Steps in ”. (5) In subsection (4) of that section for “given by” substitute “ of the relevant IP income stream following the Steps in ”. (6) Omit subsections (5) to (7) of that section. (7) In section 357BIA(3) (certain amounts not to be deducted from sub-streams at Step 4 of section 357BF)— (a) for “a relevant IP income sub-stream” substitute “ the relevant IP income stream ”; (b) for “sub-stream”, in the second and third places it occurs, substitute “ stream ”. (8) In section 357BJ (routine return figure)— (a) for “sub-stream”, in each place it occurs, substitute “ stream ”, and (b) in subsection (1) for “Step 2” substitute “ Step 1 ”. (9) In section 357BK (marketing asset return figure) for “sub-stream”, in each place it occurs, substitute “ stream ”. (10) In section 357BKA (notional marketing royalty)— (a) for “sub-stream”, in each place it occurs, substitute “ stream ”, and (b) in subsection (1) for “Step 2” substitute “ Step 1 ”. (11) In section 357BKB (actual marketing royalty) for “sub-stream”, in each place it occurs, substitute “ stream ”. (12) In section 357BL (R&D fraction: introduction)— (a) for “sub-stream” (in each place it occurs) substitute “ stream ”, and (b) in subsection (1) for “Step 2” substitute “ Step 1 ”. (13) In section 357BLA(1) (R&D fraction) for “sub-stream” substitute “ stream ”. (14) In section 357BLB(5) (qualifying expenditure on relevant R&D undertaken in-house) for the words after “1138)” substitute “ which relates to a qualifying IP right to which income in the stream is attributable ”. (15) In section 357BLE(6) (qualifying expenditure on acquisition of relevant qualifying IP rights) for the words from “means” to the end substitute “ means a qualifying IP right to which income in the stream is attributable ”. (16) In section 357BLG (cases where the company is a new entrant with insufficient information about pre-enactment expenditure) for “sub-stream”, in each place it occurs, substitute “ stream ”. (17) In section 357BLH (R&D fraction: increase for exceptional circumstances) for “sub-stream”, in each place it occurs, substitute “ stream ”. (18) In section 357BNB (small claims figure election)— (a) for “sub-stream”, in each place it occurs, substitute “ stream ”, and (b) in subsection (3) for “Step 2” substitute “ Step 1 ”.

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357BO Relevant IP profits

(1) Section 357BF applies, with the modifications set out in section 357BQ, for the purposes of determining the relevant IP profits of a trade of a company for an accounting period in a case where— (a) the accounting period begins before 1 July 2021, (b) the company is not a new entrant (see section 357A(11)), and (c) any amount of relevant IP income brought into account as a credit in calculating the profits of the trade for the accounting period is properly attributable to a new qualifying IP right (see section 357BP). (2) Where it is necessary for the purposes of section 357BF, as applied by this section, to determine the R&D fraction for a relevant IP income sub-stream, the company concerned is to be treated for the purposes of sections 357BLF and 357BLG as if it were a new entrant. (3) Where section 357BF applies by reason of this section for the purposes of determining the relevant IP profits of a trade of a company for an accounting period, the company may not make a global streaming election for the accounting period under section 357BN(2)(c).

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357BP Meaning of “new qualifying IP right” and “old qualifying IP right”

(1) This section applies for the purposes of this Part. (2) “New qualifying IP right”, in relation to a company, means a qualifying IP right which meets condition A, B or C. (3) “Old qualifying IP right”, in relation to a company, means a qualifying IP right which does not meet any of those conditions. (4) Condition A is that the right was granted or issued to the company in response to an application filed on or after the relevant date. (5) Condition B is that the right was assigned to the company on or after the relevant date. (6) Condition C is that an exclusive licence in respect of the right was granted to the company on or after the relevant date. (7) The “relevant date” for the purposes of subsections (4), (5) and (6) is 1 July 2016; but this is subject to subsection (8). (8) The “relevant date” for the purposes of subsections (5) and (6) is 2 January 2016 if— (a) the company and the person who assigned the right or granted the licence were connected at the time of the assignment or grant, (b) the main purpose, or one of the main purposes, of the assignment of the right or the grant of the licence was the avoidance of a foreign tax, (c) the person who assigned the right or granted the licence was not within the charge to corporation tax at the time of the assignment or grant, and (d) the person who assigned the right or granted the licence was not liable at the time of the assignment or grant to a foreign tax which is designated for the purposes of this section by regulations made by the Treasury. (9) Regulations may be made under subsection (8)(d) which designate a foreign tax only if it appears to the Treasury that the tax may be charged at a reduced rate under provisions of the law of the country or territory concerned which correspond to the provisions of this Part. (10) Regulations may not be made under subsection (8)(d) after 31 December 2016. (11) In this section “foreign tax” means a tax under the law of a country or territory outside the United Kingdom. (12) Section 1122 (meaning of “connected” persons) applies for the purposes of this section. (13) This section has effect subject to section 357GCZA (qualifying IP right held by another party to a cost-sharing arrangement) and section 357GCZB (exclusive licence held by another party to a cost-sharing arrangement).

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357BQ The modifications

(1) The modifications of section 357BF referred to in section 357BO(1) are as follows. (2) Omit subsection (1). (3) In subsection (2)— (a) in Step 2— (i) before paragraph (a) insert— (aa) a sub-stream consisting of income properly attributable to old qualifying IP rights (“an old IP rights sub-stream”), , (ii) in paragraph (a) before “qualifying IP right” insert “ new ”, (iii) in the words after paragraph (c) for “and (7)” substitute “ to (7E) ”, (b) in Step 6, for “relevant IP income sub-stream” substitute “ individual IP right sub-stream, each product sub-stream and each process sub-stream ”, and (c) for Step 7 substitute— Step 7 Add together— (a) the amount of any old IP rights sub-stream (following Steps 4 and 5), and (b) the amount of each of the individual IP right sub-streams, each of the product sub-streams and each of the process sub-streams (following Step 6). (4) In subsection (7) for paragraph (a) substitute— (a) it would not be reasonably practicable to apportion the income between— (i) individual IP rights sub-streams, or (ii) individual IP rights sub-streams and an old IP rights sub-stream, or . (5) After subsection (7) insert— (7A) Subsections (7B) to (7E) apply where— (a) income which is properly attributable to an IP item or IP process may in accordance with subsection (7) be allocated at Step 2 of subsection (2) to a product sub-stream or process sub-stream, and (b) the IP item or IP process incorporates— (i) at least one item or process in respect of which an old qualifying IP right held by the company has been granted, and (ii) at least one item or process in respect of which a new qualifying IP right held by the company has been granted. (7B) If— (a) the value of the IP item or IP process is wholly or mainly attributable to the incorporation in it of the items or processes referred to in subsection (7A)(b)(i), or (b) the old IP percentage for the IP item or IP process is 80% or more, the income properly attributable to the IP item or IP process may be treated as if it were properly attributable to old qualifying IP rights only; and, accordingly, the income may be allocated at Step 2 of subsection (2) to an old qualifying IP rights sub-stream (rather than to a product sub-stream or process sub-stream). (7C) If the old IP percentage for the IP item or IP process is less than 80% but not less than 20%, that percentage of the income which is properly attributable to the IP item or IP process may be treated as if it were properly attributable to old qualifying IP rights only; and, accordingly, that percentage of the income may be allocated at Step 2 of subsection (2) to an old IP rights sub-stream (and the remainder is to be allocated to a product sub-stream or process sub-stream). (7D) Where by reason of subsection (7C) only part of the income properly attributable to the IP item or IP process is allocated to a product sub-stream or process sub-stream, the IP item or IP process is to be treated, in determining the R&D fraction for the sub-stream, as if it did not incorporate the items or processes referred to in subsection (7A)(b)(i). (7E) For the purposes of subsection (7B) and (7C), the “old IP percentage” for an IP item or IP process is the percentage found by the following calculation— O T × 100 where— O is the number of items or processes incorporated in the IP item or IP process in respect of which an old qualifying IP right held by the company has been granted, and T is the number of items or processes incorporated in the IP item or IP process in respect of which an old or a new qualifying IP right held by the company has been granted.

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357C Relevant IP profits

(A1) This section applies for the purposes of determining the relevant IP profits of a trade of a company for an accounting period in a case where— (a) the accounting period began before 1 July 2021, (b) the company is not a new entrant (see section 357A(11)), and (c) none of the amounts of relevant IP income brought into account as credits in calculating the profits of the trade for the accounting period is properly attributable to a new qualifying IP right (see section 357BP). But see also section 357D (alternative method of calculating relevant IP profits in such a case). (1) To determine the relevant IP profits ...— Step 1 Calculate the total gross income of the trade for the accounting period (see section 357CA). Step 2 Calculate the percentage (“X%”) given by the following formula— RIPI TI × 100 where— “RIPI” is so much of the total gross income of the trade for the accounting period as is relevant IP income (see sections 357BH to 357BHC ), and “TI” is the total gross income of the trade for the accounting period. Step 3 Calculate X% of the profits of the trade for the accounting period. If there are no such profits, calculate X% of the losses of the trade (expressed as a negative figure) for the accounting period. In calculating the profits of the trade for the purposes of this step, make any adjustments required by section 357CG (and references in this step to the profits or losses of the trade are to be read subject to any such adjustments). Step 4 Deduct from the amount given by Step 3 the routine return figure in relation to the trade for the accounting period (see section 357CI). The amount given by this step is the “qualifying residual profit”. If the amount of the qualifying residual profit is not greater than nil, go to Step 7. Step 5 If the company has made an election under section 357CL for small claims treatment, calculate the small claims amount in relation to the trade (see section 357CM). If the company has not, go to Step 6. Step 6 Deduct from the qualifying residual profit the marketing assets return figure in relation to the trade for the accounting period (see section 357CN). Step 7 If the company has made an election under section 357CQ (which provides in certain circumstances for profits arising before the grant of a right to be treated as relevant IP profits), add to the amount given by Step 5 or 6 (or, if the amount of the qualifying residual profit was not greater than nil, Step 4) any amount determined in accordance with subsection (3) of that section. (2) If the amount given by subsection (1) is greater than nil, that amount is the relevant IP profits of the trade for the accounting period. (3) If the amount given by subsection (1) is less than nil, that amount is the relevant IP losses of the trade for the accounting period (see Chapter 5).

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357CA Total gross income of a trade

(1) For the purposes of this Part the “total gross income” of a trade of a company for an accounting period is the aggregate of the amounts falling within the Heads set out in— (a) subsection (3) (revenue), (b) subsection (5) (compensation), (c) subsection (6) (adjustments), (d) subsection (7) (proceeds from intangible fixed assets), (e) subsection (8) (profits from patent rights). (2) But the total gross income of the trade does not include any finance income (see section 357BG ). (3) Head 1 is any amounts which— (a) in accordance with generally accepted accounting practice (“GAAP”) are recognised as revenue in the company's profit and loss account or income statement for the accounting period, and (b) are brought into account as credits in calculating the profits of the trade for the accounting period. (4) Where the company does not draw up accounts for an accounting period in accordance with GAAP, the reference in subsection (3)(a) to any amounts which in accordance with GAAP are recognised as revenue in the company's profit and loss account or income statement for the accounting period is to be read as a reference to any amounts which would be so recognised if the company had drawn up such accounts for that accounting period. (5) Head 2 is any amounts of damages, proceeds of insurance or other compensation (so far as not falling within Head 1) which are brought into account as credits in calculating the profits of the trade for the accounting period. (6) Head 3 is any amounts (so far as not falling within Head 1) which are brought into account as receipts under section 181 of CTA 2009 (adjustment on change of basis) in calculating the profits of the trade for the accounting period. (7) Head 4 is any amounts (so far as not falling within Head 1) which are brought into account as credits under Chapter 4 of Part 8 of CTA 2009 (realisation of intangible fixed assets) in calculating the profits of the trade for the accounting period. (8) Head 5 is any profits from the sale by the company of the whole or part of any patent rights held for the purposes of the trade which are taxed under section 912 of CTA 2009 in the accounting period.

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357CG Adjustments in calculating profits of trade

(1) This section applies for the purposes of determining under section 357C the relevant IP profits of a trade of a company for an accounting period. (2) In calculating the profits of the trade for the accounting period— (a) there are to be added the amounts in subsection (3), and (b) there are to be deducted the amounts in subsection (4). (3) The amounts to be added are— (a) the amount of any debits which are treated as expenses of the trade by virtue of— (i) section 297 of CTA 2009 (debits in respect of loan relationships), or (ii) section 573 of CTA 2009 (debits in respect of derivative contracts), ... (b) the amount of any additional deduction for the accounting period obtained by the company under Part 13 of CTA 2009 for expenditure on research and development in relation to the trade. (c) the amount of any additional deduction for the accounting period obtained by the company under Part 15A of CTA 2009 in respect of qualifying expenditure on a television programme, ... (d) the amount of any additional deduction for the accounting period obtained by the company under Part 15B of CTA 2009 in respect of qualifying expenditure on a video game , and (e) the amount of any additional deduction for the accounting period obtained by the company under Part 15C of CTA 2009 in respect of qualifying expenditure on a theatrical production. (4) The amounts to be deducted are — (a) the amount of any R&D expenditure credits (within the meaning of Chapter 1A of Part 13) brought into account in calculating the profits of the trade for the accounting period, and (aa) the amount of any audiovisual expenditure credit or video game expenditure credit under Part 14A of CTA 2009 brought into account in calculating the profits of the trade for the accounting period, (b) any amounts of finance income brought into account in calculating the profits of the trade for the accounting period. (For the meaning of “finance income”, see section 357BG.) (5) In a case where there is a shortfall in R&D expenditure in relation to the trade for a relevant accounting period (see section 357CH), the amount of R&D expenditure brought into account in calculating the profits of the trade for that accounting period is to be increased by the amount mentioned in section 357CH(2). (5A) In a case where— (a) the company is— (i) a television production company in relation to a television programme, or (ii) a video games development company in relation to a video game, and (b) there is a shortfall in qualifying expenditure in relation to the separate programme trade or (as the case may be) the separate video game trade for a relevant accounting period (see section 357CHA), the amount of qualifying expenditure brought into account in calculating the profits of the trade for that accounting period is to be increased by the amount mentioned in section 357CHA(2). (6) For the purposes of subsections (5) and (5A) — “qualifying expenditure”— in relation to a company that is a television production company, has the same meaning as in Chapter 3 of Part 15A of CTA 2009, ... in relation to a company that is a video games development company, has the same meaning as in Chapter 3 of Part 15B of that Act , and in relation to a company that is the production company (as defined in section 1217FC of that Act) in relation to a theatrical production, has the same meaning as in Part 15C of that Act, “R&D expenditure” means expenditure on research and development in relation to the trade, “relevant accounting period”, in relation to a company, means— the first accounting period for which— the company is a qualifying company, and an election under section 357A(1) has effect in relation to it, and each accounting period that begins before the end of the period of 4 years beginning with that accounting period, ... “research and development” means activities, other than oil and gas exploration and appraisal, that fall to be treated as research and development in accordance with generally accepted accounting practice. “the separate programme trade”, in relation to a television production company, has the same meaning as in Chapter 2 of Part 15A of CTA 2009 (see section 1216B), “the separate video game trade”, in relation to a video games development company, has the same meaning as in Chapter 2 of Part 15B of CTA 2009 (see section 1217B), “television production company” has the same meaning as in Part 15A of CTA 2009 (see section 1216AE), ... “theatrical production” has the same meaning as in Part 15C of CTA 2009 (see section 1217FA of that Act), and “video games development company” has the same meaning as in Part 15B of CTA 2009 (see section 1217AB).

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357CH Shortfall in R&D expenditure

(1) There is a shortfall in R&D expenditure in relation to a trade of a company for a relevant accounting period if the actual R&D expenditure of the trade for the accounting period (as adjusted under subsections (8) to (11)) is less than 75% of the average amount of R&D expenditure. (2) The amount that is to be added to the actual R&D expenditure for the purposes of section 357CG(5) is an amount equal to the difference between— (a) 75% of the average amount of R&D expenditure, and (b) the actual R&D expenditure, as adjusted under subsections (8) to (11). (3) In this section— (a) the “actual R&D expenditure” of a trade of a company for an accounting period is the amount of R&D expenditure that (ignoring section 357CG(5)) is brought into account in calculating the profits of the trade for the accounting period, and (b) “R&D expenditure” and “relevant accounting period” have the meaning given by section 357CG(6). (4) The average amount of R&D expenditure is— E N × 365 where— E is the amount of R&D expenditure that— has been incurred by the company during the relevant period, and has been brought into account in calculating the profits of the trade for any accounting period ending before the first relevant accounting period, and N is the number of days in the relevant period. (5) The relevant period is the shorter of— (a) the period of 4 years ending immediately before the first relevant accounting period, and (b) the period beginning with the day on which the company begins to carry on the trade and ending immediately before the first relevant accounting period. (6) For a relevant accounting period of less than 12 months, the average amount of R&D expenditure is proportionately reduced. (7) Subsections (8) to (11) apply for the purposes of determining— (a) whether there is a shortfall in R&D expenditure for a relevant accounting period, and (b) if there is such a shortfall, the amount to be added by virtue of subsection (2). (8) If the amount of the actual R&D expenditure for a relevant accounting period is greater than the average amount of R&D expenditure, the difference between the two amounts is to be added to the actual R&D expenditure for the next relevant accounting period. (9) If— (a) there is not a shortfall in R&D expenditure for a relevant accounting period, but (b) in the absence of any additional amount, there would be a shortfall in R&D expenditure for that accounting period, the remaining portion of the additional amount is to be added to the actual R&D expenditure for the next relevant accounting period. (10) For the purposes of this section— “additional amount”, in relation to a relevant accounting period, means any amount added to the actual R&D expenditure for that accounting period by virtue of subsection (8), (9) or (11), and “the remaining portion” of an additional amount is so much of that amount as exceeds the difference between— the actual R&D expenditure for the relevant accounting period in the absence of the additional amount, and 75% of the average amount of R&D expenditure. (11) If— (a) there is not a shortfall in R&D expenditure for a relevant accounting period, and (b) there would not be a shortfall in R&D expenditure for that accounting period in the absence of any additional amount, the additional amount is to be added to the actual R&D expenditure for the next relevant accounting period (in addition to any additional amount so added by virtue of subsection (8)).

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357CHA Shortfall in qualifying expenditure

(1) There is a shortfall in qualifying expenditure in relation to the separate programme trade of a television production company or (as the case may be) the separate video game trade of a video games development company for a relevant accounting period if the actual qualifying expenditure of the trade for the accounting period (as adjusted under subsections (8) to (11)) is less than 75% of the average amount of qualifying expenditure. (2) The amount that is to be added to the actual qualifying expenditure for the purposes of section 357CG(5A) is an amount equal to the difference between— (a) 75% of the average amount of qualifying expenditure, and (b) the actual qualifying expenditure, as adjusted under subsections (8) to (11). (3) In this section— (a) the “actual qualifying expenditure” of a trade of a company for an accounting period is the amount of qualifying expenditure that (ignoring section 357CG(5A)) is brought into account in calculating the profits of the trade for the accounting period, and (b) the following terms have the meaning given by section 357CG(6)— “qualifying expenditure”, “relevant accounting period”, “the separate programme trade”, “the separate video game trade”, “television production company”, “video games development company”. (4) The average amount of qualifying expenditure is— E N × 365 where— E is the amount of qualifying expenditure that— has been incurred by the company during the relevant period, and has been brought into account in calculating the profits of the trade for any accounting period ending before the first relevant accounting period, and N is the number of days in the relevant period. (5) The relevant period is the shorter of— (a) the period of 4 years ending immediately before the first relevant accounting period, and (b) the period beginning with the day on which the company begins to carry on the trade and ending immediately before the first relevant accounting period. (6) For a relevant accounting period of less than 12 months, the average amount of qualifying expenditure is proportionately reduced. (7) Subsections (8) to (11) apply for the purposes of determining— (a) whether there is a shortfall in qualifying expenditure for a relevant accounting period, and (b) if there is such a shortfall, the amount to be added by virtue of subsection (2). (8) If the amount of the actual qualifying expenditure for a relevant accounting period is greater than the average amount of qualifying expenditure, the difference between the two amounts is to be added to the actual qualifying expenditure for the next relevant accounting period. (9) If— (a) there is not a shortfall in qualifying expenditure for a relevant accounting period, but (b) in the absence of any additional amount, there would be a shortfall in qualifying expenditure for that accounting period, the remaining portion of the additional amount is to be added to the actual qualifying expenditure for the next relevant accounting period. (10) For the purposes of this section— “additional amount”, in relation to a relevant accounting period, means any amount added to the actual qualifying expenditure for that accounting period by virtue of subsection (8), (9) or (11), and “the remaining portion” of an additional amount is so much of that amount as exceeds the difference between— the actual qualifying expenditure for the relevant accounting period in the absence of the additional amount, and 75% of the average amount of qualifying expenditure. (11) If— (a) there is not a shortfall in qualifying expenditure for a relevant accounting period, and (b) there would not be a shortfall in qualifying expenditure for that accounting period in the absence of any additional amount, the additional amount is to be added to the actual qualifying expenditure for the next relevant accounting period (in addition to any additional amount so added by virtue of subsection (8)).

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357CI Routine return figure

(1) To determine the routine return figure in relation to a trade of a company for an accounting period— Step 1 Take the aggregate of any routine deductions made by the company in calculating the profits of the trade for the accounting period. For the meaning of “routine deductions”, see sections 357BJA and 357BJB . Step 2 Multiply that amount by 0.1. Step 3 Calculate X% of the amount given by Step 2.“X%” is the percentage given by Step 2 in section 357C(1). (2) In a case where— (a) the company (“C”) is a member of a group, (b) another member of the group incurs expenses on behalf of C, (c) had they been incurred by C, C would have made a deduction in respect of the expenses in calculating the profits of the trade for the accounting period, and (d) the deduction would have been a routine deduction, C is to be treated for the purposes of subsection (1) as having made such a routine deduction. (3) Where expenses are incurred by any member of the group on behalf of C and any other member of the group, subsection (2) applies in relation to so much of the amount of the expenses as on a just and reasonable apportionment may properly be regarded as incurred on behalf of C.

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357CJ Routine deductions

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357CK Deductions that are not routine deductions

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357CL Companies eligible to elect for small claims treatment

(1) A company may make an election under this section for small claims treatment for an accounting period if condition A or B is met in relation to the accounting period. (2) Condition A is that the aggregate of the amounts of qualifying residual profit of each trade of the company for the accounting period does not exceed £1,000,000. (3) Condition B is that— (a) the aggregate of the amounts of qualifying residual profit of each trade of the company for the accounting period does not exceed the relevant maximum, and (b) the company did not take Step 6 in section 357C(1) or 357DA(1) for the purpose of calculating the relevant IP profits of any trade of the company for any previous accounting period beginning within the relevant 4-year period. (4) In subsection (3)(b) “the relevant 4-year period” means the period of 4 years ending immediately before the accounting period mentioned in subsection (3)(a). (5) If no other company is a related 51% group company of the company in the accounting period, the relevant maximum is £3,000,000. (6) If one or more other companies are related 51% group companies of the company, in the accounting period, the relevant maximum is— £ 3,000,000 1 + N where N is the number of those related 51% group companies in relation to which an election under section 357A(1) has effect for the accounting period. (7) For an accounting period of less than 12 months, the relevant maximum is proportionately reduced. (8) Any amount of qualifying residual profit of a trade of the company that is not greater than nil is to be disregarded for the purposes of this section. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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