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

617 Authorised unit trust treated as UK resident company

(1) In respect of income arising to the trustees of an authorised unit trust, and for the purposes of the provisions relating to relief for capital expenditure, the Tax Acts have effect as if— (a) the trustees were a UK resident company, and (b) the rights of the unit holders were shares in the company. (2) References in the Corporation Tax Acts to a body corporate are to be read in accordance with subsection (1); and sections 1104 to 1107 (companies required to provide tax certificates) apply with any necessary modifications. (3) Subsection (1)(b) does not affect the making of distributions which are interest distributions to unit holders. (4) “Interest distributions” has the meaning given by regulations made under section 17(3) of F(No.2)A 2005.

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618 Applicable corporation tax rate

The rate of corporation tax in relation to an authorised unit trust for any financial year is the rate at which income tax at the basic rate is charged for the tax year beginning on 6 April in that financial year ... (and sections 18A and 18B (relief for companies with small profits) do not apply).

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619 Umbrella schemes

(1) In this section “umbrella scheme” means a unit trust scheme— (a) which provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are made to them (“pooling arrangements”), (b) under which the participants are entitled to exchange rights in one pool for rights in another, and (c) in respect of which an order under section 243 of FISMA 2000 is in force. (2) References in this section to a part of an umbrella scheme are to such of the pooling arrangements as relate to a separate pool. (3) For the purposes of this Chapter— (a) each of the parts of an umbrella scheme is to be regarded as an authorised unit trust, and (b) the umbrella scheme as a whole is not to be regarded as an authorised unit trust. (4) In relation to a part of an umbrella scheme, references to investments subject to the trusts of an authorised unit trust are references to such of the investments as under the pooling arrangements form part of the separate pool to which the part relates. (5) In relation to a part of an umbrella scheme, references to a unit holder are references to a person for the time being having rights in that separate pool.

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620 Court investment funds

(1) In this section “court investment fund” means a fund established under section 42 of the Administration of Justice Act 1982 (investment funds for money paid into court). (2) The Tax Acts apply in relation to a court investment fund as if— (a) the fund were an authorised unit trust, (b) the person who is for the time being the investment manager of the fund were the trustee of the trust, and (c) the persons with qualifying interests (see the table in subsection (3)) were the unit holders in the trust. (3) This is the table referred to in subsection (2)(c)— Description of shares in the fund | Persons with qualifying interests in relation to the shares Shares held by the Accountant General | The persons whose interests entitle them, as against the Accountant General, to share in the fund's investments Shares held by any other person authorised by the Lord Chancellor to hold such shares on behalf of others (an “authorised person”) | The persons whose interests entitle them, as against the authorised person, to share in the fund's investment (or, if there are no such persons, the authorised person) Shares held by persons authorised by the Lord Chancellor to hold such shares on their own behalf | The persons so authorised (4) In subsection (3) “the Accountant General” means— (a) the Accountant General of the Senior Courts of England and Wales, or (b) the Accountant General of the Court of Judicature of Northern Ireland. (5) In the application of this section to Northern Ireland, any reference to the Lord Chancellor is to be read as a reference to the Department of Justice in Northern Ireland.

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622A Power to make provision about treatment of transactions

(1) The Treasury may by regulations provide that a transaction of a specified kind entered into by an investment trust is to be treated for the purposes of the Corporation Tax Acts as entered into by it otherwise than in the course of a trade. (2) Regulations under this section— (a) may make different provision for different cases or purposes, and (b) may make incidental, consequential, supplementary or transitional provision. (3) A statutory instrument containing the first regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons. (4) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons. (5) In this section “ specified ” means specified in regulations under this section.

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623 Meaning of “securitisation company”

(1) In this Chapter “securitisation company” means a company to which subsection (2) or (6) applies. (2) This subsection applies to a company if— (a) conditions A, B and C are met in relation to it, and (b) it meets such other conditions as the Treasury may specify by regulations. (3) Condition A is that the company is party as debtor to a capital market investment. (4) Condition B is that securities representing that capital market investment are issued. (5) Condition C is that the capital market investment is part of a capital market arrangement. (6) This subsection applies to a company if there is between it and a company to which subsection (2) applies a relationship (direct or indirect) of a description specified by the Treasury by regulations. (7) In this section “capital market investment” and “capital market arrangement” have the same meaning as in section 72B(1) of the Insolvency Act 1986 (see paragraphs 1, 2 and 3 of Schedule 2A to that Act).

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624 Power to make regulations about the taxation of securitisation companies

(1) The Treasury may by regulations make provision about the application of the Taxes Acts in relation to a securitisation company. (2) The regulations may, in particular, provide for the application, modification or non-application of any of the provisions of the Taxes Acts . (3) The regulations may, in particular, provide— (a) that the amount of profits of any specified description (before any such adjustments as are mentioned in subsection (4)) is to be taken to be such amount, or is to be calculated on such basis, as may be specified, and (b) that the amount determined in accordance with regulations under paragraph (a) is to be brought into account for corporation tax purposes instead of any specified amount that would otherwise fall to be brought into account. (4) The regulations may, in particular, provide for specified adjustments to be made to the amount to be brought into account for corporation tax purposes. (5) The regulations may, in particular, provide— (a) that the regulations apply to a company only if an election that they are to apply is made, or (b) that the regulations do not apply to a company if an election that they are not to apply is made. (6) The regulations may, in particular, provide that once subject to the regulations a company is to continue to be subject to them for all subsequent periods of account. (7) The regulations may, in particular, impose conditions that must be met if a company is to have, or continue to have, the benefit of the regulations. (8) The regulations may, in particular, provide for the consequences of failing to meet any specified condition (which may include recalculating the company's profits for previous periods on the basis that the regulations did not apply). (9) In this section "the Taxes Acts” has the meaning given by section 118(1) of TMA 1970, and “specified” means specified in the regulations.

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625 Regulations: supplementary

(1) Regulations under this Chapter may— (a) make different provision for different descriptions of company, (b) contain incidental, supplemental, consequential and transitional provision and savings. (2) The provision which may be made under subsection (1)(b) includes provision amending any provision of, or made under, the Taxes Acts (within the meaning of section 118(1) of TMA 1970). (3) Regulations under this Chapter may, insofar as they concern the application of the Corporation Tax Acts in relation to a securitisation company, include provision which— (a) in the case of provision relating to corporation tax, has effect from the beginning of periods of account current when the regulations are made, and (b) in the case of provision relating to income tax or capital gains tax, has effect in relation to times before the regulations are made.

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626 Meaning of “final year”, “penultimate year” etc

(1) This section applies for the purposes of this Chapter. (2) In relation to a company that is being wound up— “the final year” means the financial year in which the winding up of the company is completed, and “the penultimate year” means the last financial year before the company's final year. (3) In relation to a company in administration— “the final year” means the financial year in which the dissolution event in respect of the company occurs, and “the penultimate year” means the last financial year before the company's final year. (4) A reference in this Chapter to the “dissolution event” in respect of a company in administration is a reference— (a) to the administrator sending a notice in respect of the company under paragraph 84(1) of Schedule B1 to the Insolvency Act 1986 (company moving from administration to dissolution), or (b) if the company enters administration otherwise than under that Act, to the doing of any other act for a similar purpose. (5) “Profits” means income and chargeable gains, except so far as the context otherwise requires.

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627 Meaning of “main rate of corporation tax” for companies with ring fence profits or small profits

(1) This section applies if corporation tax chargeable on any profits of a company for a financial year— (a) is to be charged at the main ring fence profits rate, (b) is to be charged at the standard small profits rate or the small ring profits rate, or (c) is to be reduced by reference to the standard marginal relief fraction or the ring fence marginal relief fraction (within the meaning of Part 3A or Chapter 3A of Part 8). (2) References in this Chapter to the main rate of corporation tax are to be taken, so far as relating to profits charged at any of the rates mentioned in subsection (1)(a) or (b), as references to the rate or rates concerned. (3) References in this Chapter to the main rate of corporation tax are, if corporation tax is reduced as mentioned in subsection (1)(c), to be taken as including references to the fraction or fractions concerned (and with references to a rate being “fixed” or “proposed” read accordingly as references to the fraction or fractions concerned being fixed or proposed).

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628 Company in liquidation: corporation tax rates

(1) This section applies, in the case of a company that is being wound up, in relation to profits of the company arising in its final year (see subsections (2) to (5)) or its penultimate year (see subsections (6) and (7)). (2) The rate of corporation tax to be applied in assessing, before the winding up of the company is completed, the corporation tax chargeable on the profits of the company arising in the winding up in its final year is to be determined in accordance with subsections (3) to (5). (3) If the main rate of corporation tax has been fixed for the final year, that fixed rate is to be applied. (4) If the main rate of corporation tax has been proposed (but not yet fixed) for the final year, that proposed rate is to be applied. (5) If the main rate of corporation tax has been neither fixed nor proposed for the final year, the rate fixed or proposed for the penultimate year is to be applied. (6) Subsection (7) applies if— (a) the winding up of the company started before the company's final year, and (b) an assessment to corporation tax is made at a time when the main rate of corporation tax for the company's penultimate year is proposed (but not yet fixed). (7) The rate of corporation tax proposed for the penultimate year is to be applied in relation to the profits of the company arising in the winding up at any time in that year.

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629 Company in liquidation: making of assessment to tax

(1) This section applies if— (a) an assessment to corporation tax is made on the profits of a company that is being wound up, and (b) the assessment is made before the date when the winding up is completed (“the actual winding up date”). (2) An assessment for an accounting period falling after the start of the winding up is not invalid because it is made before the end of the period. (3) In applying section 12 of CTA 2009 (accounting periods of companies being wound up) for the purpose of determining when an accounting period of the company ends, the liquidator may make an assumption as to what the actual winding up date will be (“the assumed winding up date”). (4) The company's final and penultimate years are not changed if the assumption made under subsection (3) as to the actual winding up date is wrong. (5) If the actual winding up date is later than the assumed winding up date— (a) an accounting period of the company ends on the assumed winding up date (“period A”), and (b) a new accounting period of the company (“period B”) begins immediately after the end of period A. (6) Section 12 of CTA 2009 then applies as if the winding up of the company started at the time when period B begins.

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630 Company in administration: corporation tax rates

(1) This section applies, in the case of a company in administration, in relation to profits of the company arising in its final year (see subsections (2) to (5)) or its penultimate year (see subsections (6) and (7)). (2) The rate of corporation tax to be applied in assessing, before the dissolution event in respect of the company, the corporation tax chargeable on the profits of the company arising in the administration in its final year is to be determined in accordance with subsections (3) to (5). (3) If the main rate of corporation tax has been fixed for the final year, that fixed rate is to be applied. (4) If the main rate of corporation tax has been proposed (but not yet fixed) for the final year, that proposed rate is to be applied. (5) If the rate of corporation has been neither fixed nor proposed for the final year, the rate fixed or proposed for the penultimate year is to be applied. (6) Subsection (7) applies if— (a) the company entered administration before its final year, and (b) an assessment to corporation tax is made at a time when the main rate of corporation tax for the company's penultimate year is proposed (but not yet fixed). (7) The rate of corporation tax proposed for the penultimate year is to be applied in relation to the profits of the company arising in the administration at any time in that year.

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631 Company in administration: making of assessment to tax

(1) This section applies if— (a) an assessment to corporation tax is made on the profits of a company in administration, and (b) the assessment is made before the date of the dissolution event in respect of the company (“the actual dissolution date”). (2) An assessment for an accounting period in which the company is in administration is not invalid because it is made before the end of the period. (3) In applying section 10(1) of CTA 2009 (time when accounting periods come to an end) for the purpose of determining when an accounting period of the company ends, the administrator may make an assumption as to what the actual dissolution date will be (“the assumed dissolution date”). (4) The company's final and penultimate years are not changed if the assumption made under subsection (3) as to the actual dissolution date is wrong. (5) If the actual dissolution date is later than the assumed dissolution date— (a) an accounting period of the company ends on the assumed dissolution date (“period A”), and (b) a new accounting period of the company (“period B”) begins immediately after the end of period A. (6) Section 10(1) of CTA 2009 then applies as if the company had entered administration at the beginning of period B.

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632 Meaning of rate being “fixed” or “proposed”

(1) This section applies for the purposes of sections 628 and 630. (2) A rate of corporation tax is “fixed”— (a) in the case of a company that is being wound up, if the rate has been fixed by an Act passed before the completion of the winding up, and (b) in the case of a company that is in administration, if the rate has been fixed by an Act passed before the dissolution event in respect of the company, but this is subject to subsection (4). (3) A rate of corporation tax is “proposed” if the rate is proposed by a Budget resolution (whether or not subsequently fixed by an Act). (4) If a Budget resolution proposes to alter a rate of corporation tax that has been fixed, references in sections 628 and 630 to a fixed rate are references to that rate as proposed to be altered by the resolution. (5) In this section “Budget resolution” means a resolution of the House of Commons for fixing a rate of corporation tax.

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633 Exemption for interest on overpaid tax in final accounting period

(1) This section applies if, in the final accounting period of a company that is being wound up or is in administration, interest within subsection (2) arises to the company. (2) Interest within this subsection arises to a company if— (a) the interest is received or is receivable by the company under section 826 of ICTA (interest on tax overpaid), and (b) the interest does not exceed £2000. (3) The interest is excluded in calculating the company's income for corporation tax purposes. (4) In subsection (1) the “final accounting period” means— (a) in the case of a company being wound up, the accounting period which ends, in accordance with section 12 of CTA 2009 (accounting periods of companies being wound up), with the completion of the winding up, and (b) in the case of a company in administration, the last accounting period of the company before the dissolution event in respect of the company.

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634 Overview of Chapter

(1) This Chapter provides for the receipts of certain types of company being wound up to be charged to corporation tax. (2) For provision charging the receipts of such companies to income tax, see Chapter 3A of Part 14 of ITA 2007.

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635 Application of Chapter

(1) This Chapter applies if— (a) a company is being or has been wound up by the court in the United Kingdom, and (b) conditions A, B and C are met. (2) Condition A is that the company was, at any time within the period mentioned in subsection (5), lawfully carrying on a business of accepting deposits as— (a) a person of the kind mentioned in paragraph (b) of the definition of “bank” in section 1120(2) (persons with permission under Part 4A of FISMA 2000 to accept deposits)... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Condition B is that the company has permanently ceased to carry on the trade that included the business of accepting deposits (the “deposit-taking trade”). (4) Condition C is that the company is insolvent and— (a) was so when the winding up proceedings started, or (b) became so at any time in the period of 12 months following the day on which those proceedings started. (5) The period referred to in subsection (2) is the period of 12 months ending with the earlier of— (a) the day on which the winding up proceedings started, and (b) the day on which the company permanently ceased to carry on the deposit-taking trade. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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636 Charge to corporation tax on winding up receipts

(1) The charge to corporation tax on income applies to winding up receipts arising from the deposit-taking trade. (2) Subsection (1) applies in relation to a winding up receipt only so far as its value was not brought into account in calculating the profits of the trade of any period before the permanent cessation of the trade. (3) A “winding up receipt” means (subject to subsection (4)) a sum received by the company or its liquidator after— (a) the start of the winding up proceedings, or (b) if later, the permanent cessation of the deposit-taking trade. (4) The following are not winding up receipts— (a) a sum received on behalf of a person entitled to the sum to the exclusion of the company and its liquidator, and (b) a sum realised by the transfer of an asset required to be valued under section 162 of CTA 2009 (valuation of trading stock on cessation).

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637 Transfer of rights to payment

(1) This section applies if— (a) the company or its liquidator transfers for value to another person the right to receive a sum arising from the deposit-taking trade, and (b) the sum is one which, if received by the company or its liquidator, would be a winding up receipt. (2) If the transfer is at arm's length, this Chapter has effect as if the amount or value of the consideration for the transfer were a winding up receipt arising from the deposit-taking trade. (3) If the transfer is not at arm's length, this Chapter has effect as if the value of the right transferred as between parties at arm's length were a winding up receipt arising from the deposit-taking trade.

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638 Allowable deductions

(1) In calculating the amount on which corporation tax is charged under this Chapter for an accounting period, deductions are allowed in accordance with this section from the amount which would otherwise be chargeable to corporation tax under this Chapter. (2) A deduction is allowed for the total sum of all losses, expenses and debits within subsection (3) that are incurred during or before the accounting period (but subject to subsections (4) and (5)). (3) The losses, expenses and debits within this subsection are those which, if the company carrying on the deposit-taking trade had not permanently ceased to do so— (a) would have been deducted in calculating the profits of the trade for corporation tax purposes, or (b) would have been deducted from or set off against the profits of the trade for corporation tax purposes. (4) No deduction is allowed if the loss, expense or debit arises directly or indirectly from the cessation itself. (5) A loss, expense or debit is only within subsection (3) if incurred— (a) after the start of the winding up proceedings or, if later, the permanent cessation of the deposit-taking trade, or (b) in the case of a loss, at or before the permanent cessation of the deposit-taking trade. (6) No deduction for an amount is allowed under this section if the amount has already been allowed (whether under this section or under any other provision of the Tax Acts).

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639 Election to carry back

(1) This section applies if a winding up receipt arising from the deposit-taking trade is received in an accounting period beginning no later than 6 years after the company permanently ceased to carry on the trade. (2) The company or its liquidator may elect that the corporation tax chargeable under this Chapter in respect of the receipt is to be charged as if the receipt has been received on the date of the cessation. (3) The election must be made before the end of the period of two years beginning immediately after the end of the accounting period in which the receipt is received. (4) If an election is made under this section an assessment to corporation tax must be made accordingly (regardless of anything in the Corporation Tax Acts).

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640 Relationship of Chapter with other corporation tax provisions

(1) If a winding up receipt arising from the deposit-taking trade is chargeable to corporation tax under this Chapter it is not chargeable to corporation tax under any other provision. (2) This Chapter has effect regardless of section 464(1) of CTA 2009 (priority of loan relationship provisions).

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641 Interpretation of Chapter

(1) This section applies for the purposes of this Chapter. (2) Winding up proceedings start against a company at the time when the petition for its winding up by the court is presented. (3) There is the permanent cessation of a company's trade if— (a) the company ceases to carry on the trade, or (b) the company ceases to be within the charge to corporation tax in respect of the trade, whether or not the trade is in fact ceased. (4) A company is insolvent at any time if at that time— (a) it is unable to pay its debts as they fall due, or (b) the value of its assets is less than the amount of its liabilities (including its contingent and prospective liabilities). (5) “Company” means— (a) a company as defined in section 1(1) of the Companies Act 2006, or (b) an unregistered company as defined in section 220 of the Insolvency Act 1986 or Article 184 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)). (6) For the meaning of “deposit-taking trade” and “winding up receipt”, see sections 635(3) and 636(3) respectively.

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642 Disregard of rent from members and of interest payable

(1) Subsections (2) and (3) apply if a housing association makes a claim under this section for an accounting period or part of an accounting period during which the association was approved for the purposes of this Chapter. (2) Rent to which the association was entitled from its members for the accounting period or part of an accounting period is ignored for tax purposes. (3) The association is treated for corporation tax purposes as if any interest payable by it for the accounting period or part of an accounting period were not payable. (4) But subsection (3) does not apply so far as the interest is attributable to property that is not subject to a tenancy.

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643 Exemption for gains on a sale of property

(1) This section applies if— (a) chargeable gains accrue to a housing association on a disposal by way of sale of any property which has been occupied, or is occupied, by a tenant of the housing association, (b) the gains accrue in an accounting period or part of an accounting period during which the association was approved for the purposes of this Chapter, and (c) the association makes a claim under this section for that period or part of a period. (2) No liability to corporation tax arises in respect of the gains.

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644 Approval of housing associations

(1) In the case of a housing association in Great Britain, the power to approve housing associations for the purposes of this Chapter— (a) is exercisable by the Scottish Ministers if the association has its registered office in Scotland, (b) is exercisable by the Welsh Ministers in relation to Wales, and (c) is otherwise exercisable by the Secretary of State. (2) In the case of a housing association in Northern Ireland, the power to approve housing associations for the purposes of this Chapter is exercisable by the Department for Social Development. (3) An approval given for the purposes of this Chapter— (a) has effect from the date specified by the approving authority (which may be earlier or later than the date on which the approval is given), and (b) may be revoked by the approving authority. (4) See also paragraph 80 of Schedule 2 (concurrent exercise by the Secretary of State of certain functions exercisable by the Welsh Ministers).

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645 Tests to be satisfied by the association

(1) The authority mentioned in section 644(1) or (2) must not approve a housing association unless it is satisfied that the association satisfies each of tests A to E. (2) Test A is that the association is— (a) a housing association within the meaning of the Housing Associations Act 1985 (see section 1(1) of that Act), or (b) a housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1725 (N.I. 15)) (see Article 3 of that Order). (3) Test B is that the association is — (a) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or (b) a society registered or treated as registered under the Industrial and Provident Societies Act (Northern Ireland) 1969. (4) Test C is that the rules of the association— (a) restrict membership to persons who are tenants or prospective tenants of the association, and (b) preclude the granting or assignment of tenancies to persons other than members. (5) Test D is that the association satisfies any other requirements prescribed by— (a) the Secretary of State as regards England and Scotland, (b) the Welsh Ministers as regards Wales, or (c) the Department for Social Development as regards Northern Ireland. (6) Test E is that the association will comply with any conditions that may be prescribed by— (a) the Secretary of State as regards England and Scotland, (b) the Welsh Ministers as regards Wales, or (c) the Department for Social Development as regards Northern Ireland.

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646 Delegation of powers to the Regulator of Social Housing

(1) In relation to a housing association which is a registered provider of social housing (see section 80(2) of the Housing and Regeneration Act 2008) the Secretary of State may delegate to the Regulator of Social Housing any of the Secretary of State's functions under section 644 or 645. (2) The functions may be delegated— (a) to any extent that the Secretary of State specifies, and (b) subject to any conditions that the Secretary of State specifies.

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647 Claims under section 642 or 643

(1) A claim under section 642 or 643 must be made— (a) within two years after the end of the accounting period to which it relates, or (b) if it relates to part of an accounting period, within two years after the end of that accounting period. (2) A housing association must not make a claim under section 642 or 643 for an accounting period or part of an accounting period unless— (a) the requirements in subsection (3) were complied with during that period or part, or (b) the association reasonably considers that those requirements were substantially complied with during that period or part. (3) The requirements are that— (a) no property belonging to the association was let otherwise than to a member of the association, (b) only persons who were then members of the association occupied (whether solely or jointly with another person) any property, or any part of any property, let by the association, (c) the association satisfied each of tests A to C in section 645 and complied with any conditions that were in force by virtue of section 645(6), and (d) any covenants required to be included in grants of tenancies by those conditions were observed. (4) If a member of a housing association dies and another person occupies a property, or part of a property, in accordance with the member's will or the provisions applicable on the member's intestacy, that person's occupation during the first 6 months after the death does not infringe the requirement in subsection (3)(b).

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648 Adjustments of liability

(1) If an adjustment of a housing association's liability to corporation tax is necessary as a result of a claim under section 642, the adjustment may be made by an assessment, by repayment of tax or otherwise. (2) A housing association's liability to corporation tax may be adjusted by means of assessments or otherwise if— (a) a claim by the housing association under section 642 or 643 is included in a company tax return, (b) an enquiry is made into the tax return, and (c) an amendment is made to the tax return as a result of the enquiry. (3) A housing association's liability to corporation tax may be adjusted by means of assessments or otherwise if— (a) an enquiry is made under paragraph 5 of Schedule 1A to TMA 1970 into a claim made by the association under section 642 or 643, or into an amendment of such a claim, and (b) an amendment is made to the claim as a result of the enquiry. (4) Adjustments under subsection (2) or (3) may be made for all relevant accounting periods.

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649 Power to make further provision

(1) The Secretary of State may by statutory instrument make regulations with respect to England and Scotland for the purpose of carrying out the provisions of this Chapter. (2) The Welsh Ministers may by statutory instrument make regulations with respect to Wales for the purpose of carrying out the provisions of this Chapter. (3) The Department for Social Development may make regulations with respect to Northern Ireland for the purpose of carrying out the provisions of this Chapter. (4) Regulations made under subsection (3) are a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (5) If any regulations under this section prescribe requirements for the purposes of section 645(5) or conditions for the purposes of section 645(6)— (a) any requirements or conditions previously prescribed under section 645(5) or (6) are to cease to have effect when the regulations come into force, and (b) no further exercise may be made of the power under section 645(5) or (6) to prescribe requirements or conditions otherwise than by regulations. (6) The reference in section 647(3)(c) to conditions that were in force by virtue of section 645(6) includes conditions prescribed for the purposes of section 645(6) under subsection (5) above.

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650 Meaning of “self-build society”

(1) Subsections (2) and (3) give the meaning of “self-build society” in this Chapter. (2) In England, Scotland and Wales “self-build society” has the same meaning as in the Housing Associations Act 1985 (see section 1(3) of that Act). (3) In Northern Ireland “self-build society” has the same meaning as in Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1725 (N.I. 15)) (see Article 3 of that Order).

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651 Disregard of rent from members

(1) If a self-build society makes a claim under this section for an accounting period or part of an accounting period during which the society was approved for the purposes of this Chapter, rent to which the society was entitled from its members for the accounting period or part of an accounting period is ignored for tax purposes. (2) In this section “rent” includes any amounts to which a self-build society is entitled in respect of the occupation of any of its land. (3) The reference in subsection (2) to occupation includes occupation under a licence.

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652 Exemption for gains on disposals of land to members

(1) This section applies if— (a) chargeable gains accrue to a self-build society on a disposal of land to a member of the society, (b) the gains accrue in an accounting period or part of an accounting period during which the society was approved for the purposes of this Chapter, and (c) the society makes a claim under this section for that period or part of a period. (2) No liability to corporation tax arises in respect of the gains.

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653 Approval of self-build societies

(1) The power to approve self-build societies for the purposes of this Chapter is exercisable— (a) in relation to England and Scotland, by the Secretary of State, (b) in relation to Wales, by the Welsh Ministers, and (c) in relation to Northern Ireland, by the Department for Social Development. (2) The authority mentioned in subsection (1) must not approve a self-build society unless it is satisfied that the society— (a) is registered, or treated as being registered, as mentioned in subsection (3), (b) satisfies any other requirements prescribed by or under regulations under section 657, and (c) will comply with any conditions that may be prescribed by or under regulations under that section. (3) The reference in subsection (2)(a) is to registration— (a) under the Co-operative and Community Benefit Societies Act 2014 (if the power is exercisable by the Secretary of State or the Welsh Ministers), or (b) under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)) (if the power is exercisable by the Department for Social Development). (4) An approval given for the purposes of this Chapter— (a) has effect from the date specified by the approving authority (which may be earlier or later than the date on which the approval is given), and (b) may be revoked by the approving authority. (5) See also paragraph 81 of Schedule 2 (concurrent exercise by the Secretary of State of certain functions exercisable by the Welsh Ministers).

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654 Delegation of powers to the Regulator of Social Housing

(1) The Secretary of State may delegate to the Regulator of Social Housing any function of the Secretary of State under section 653 in a case where the function is exercisable in relation to a society whose registered office for the purposes of the Co-operative and Community Benefit Societies Act 2014 is in England. (2) The function may be delegated— (a) to any extent that the Secretary of State specifies, and (b) subject to any conditions that the Secretary of State specifies.

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655 Claims under section 651 or 652

(1) A claim under section 651 or 652 must be made— (a) within two years after the end of the accounting period to which it relates, or (b) if it relates to part of an accounting period, within two years after the end of that accounting period. (2) A self-build society must not make a claim under section 651 or 652 for an accounting period or part of an accounting period unless— (a) the requirements in subsection (3) were complied with during that period or part, or (b) the society reasonably considers that those requirements were substantially complied with during that period or part. (3) The requirements are that— (a) only persons who were then members of the society occupied (whether solely or jointly with another person) any land, or any part of any land, owned by the society, (b) the society complied with the requirement in section 653(2)(a), and (c) the society complied with any conditions that were in force by virtue of section 653(2)(c). (4) If a member of a self-build society dies and another person occupies a property, or part of a property, in accordance with the member's will or the provisions applicable on the member's intestacy, that person's occupation during the first 6 months after the death does not infringe the requirement in subsection (3)(a). (5) A claim under section 651 or 652 must be in the form (if any) prescribed by the Commissioners for Her Majesty's Revenue and Customs and contain any details which they prescribe.

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656 Adjustments of liability

(1) If an adjustment of a self-build society's liability to corporation tax is necessary as a result of a claim under section 651, the adjustment may be made by an assessment, by repayment of tax or otherwise. (2) A self-build society's liability to corporation tax may be adjusted by means of assessments or otherwise if— (a) a claim by the society under section 651 or 652 is included in a company tax return, (b) an enquiry is made into the tax return, and (c) an amendment is made to the tax return as a result of the enquiry. (3) A self-build society's liability to corporation tax may be adjusted by means of assessments or otherwise if— (a) an enquiry is made under paragraph 5 of Schedule 1A to TMA 1970 into a claim made by the society under section 651 or 652, or into an amendment of such a claim, and (b) an amendment is made to the claim as a result of the enquiry. (4) Adjustments under subsection (2) or (3) may be made for all relevant accounting periods.

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657 Power to make further provision

(1) The Secretary of State may by statutory instrument make regulations with respect to England and Scotland for the purpose of carrying out the provisions of this Chapter. (2) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of the House of Commons. (3) The Welsh Ministers may by statutory instrument make regulations with respect to Wales for the purpose of carrying out the provisions of this Chapter. (4) A statutory instrument containing regulations made under subsection (3) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (5) The Department for Social Development may make regulations with respect to Northern Ireland for the purpose of carrying out the provisions of this Chapter. (6) Regulations made under subsection (5) are a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (7) A statutory rule containing regulations made under subsection (5) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

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