111 Business expansion scheme: loan linked investments.
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Propose a changeUnited Kingdom · statute
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In force since 2024-02-22, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Propose a change(1) In section 750(1) of the Taxes Act 1988 (meaning of lower level of taxation for purposes of provisions relating to controlled foreign companies) for “one-half” there shall be substituted “ three-quarters ”. (2) Subsection (1) above shall apply in relation to accounting periods beginning on or after 16th March 1993. (3) Where a company is by virtue of section 749(1) or (2) of the Taxes Act 1988 regarded as resident in a territory outside the United Kingdom and (apart from this section)— (a) an accounting period of the company would begin before 16th March 1993 and end on or after that date, and (b) the company would not be considered to be subject, by virtue of section 750(1) of that Act, to a lower level of taxation in that accounting period in the territory in which it is regarded as resident, for the purposes of Chapter IV of Part XVII of that Act that accounting period shall be treated as ending on 15th March 1993.
Propose a changeSchedule 14 to this Act (which makes various amendments of the Taxes Management Act 1970, the Taxes Act 1988 and the Finance Act 1989 with a view to, or in connection with, the introduction of “pay and file”) shall have effect.
Propose a change(1) In subsection (2) of section 829 of the Taxes Act 1988 (restriction on application of Income Tax Acts to public departments), at the end there shall be inserted “ unless it is tax which would not have been so borne but for a failure by a public office or department of the Crown to make a deduction required by virtue of subsection (1) above. ” (2) The provisions of Parts IX and X of the Taxes Management Act 1970 (interest and penalties) shall apply in relation to public offices and departments of the Crown for the purposes, so far as they so apply, of the other provisions of that Act and of the provisions of the Income Tax Acts mentioned in section 829(1) of the Taxes Act 1988. (3) This section shall have effect in relation to the year 1993-94 and subsequent years of assessment.
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Propose a change(1) This section applies where— (a) a company is treated as incurring in an accounting period a loss or losses by virtue of section 129 above, and (b) it is not treated as receiving in the accounting period any amount by virtue of that section; and where this section applies by virtue of this subsection references to the relievable amount for the accounting period are to an amount equal to amount B. (2) This section also applies where— (a) a company is treated as incurring in an accounting period a loss or losses by virtue of section 129 above, (b) it is treated as receiving in the accounting period an amount or amounts by virtue of that section, and (c) amount B exceeds amount A; and where this section applies by virtue of this subsection references to the relievable amount for the accounting period are to an amount equal to amount B minus amount A. (3) The company may claim under this subsection that the whole or part of the relievable amount for an accounting period shall be treated for the purposes of section 403(1) of the Taxes Act 1988 (group relief) as if it were a loss incurred by the company in the period in carrying on a trade, and in such a case section 403(2) (exclusions) shall not apply. (4) The company may claim under this subsection that the whole or part of the relievable amount for an accounting period shall be set off for the purposes of corporation tax against profits (of whatever description) of that accounting period; and in such a case, subject to any relief for a loss incurred in a trade in an earlier accounting period, those profits shall then be treated as reduced accordingly. (5) Where a company has made no claim under subsection (3) or (4) above as regards the relievable amount for an accounting period, the company may claim under this subsection that— (a) the whole of the relievable amount, or (b) where the relievable amount exceeds the relevant exchange profits, so much of the relievable amount as is equal to those profits, shall be treated as mentioned in subsection (7) below. (6) Where a company has made a claim under subsection (3) or (4) above as regards the relievable amount for an accounting period, the company may claim under this subsection that— (a) such part of the relievable amount as is not the subject of any such claim, or (b) where that part exceeds the relevant exchange profits, so much of that part as is equal to those profits, shall be treated as mentioned in subsection (7) below. (7) Where a company claims under subsection (5) or (6) above as regards the whole or part of the relievable amount for an accounting period, the whole or part concerned shall be set off for the purposes of corporation tax against the exchange profits of preceding accounting periods falling wholly or partly within the permitted period; and (subject to any relief for an earlier loss) the exchange profits of any of those accounting periods shall then be treated as reduced by the whole or part concerned or by so much of it as cannot be set off under this subsection against the exchange profits of a later accounting period. (8) For the purposes of subsections (5) and (6) above “the relevant exchange profits” means the total of the following— (a) the exchange profits, as reduced by any reliefs for earlier losses and any reliefs falling within subsection (9) below, of all those accounting periods falling wholly within the permitted period, and (b) such part of the exchange profits, as so reduced, of any accounting period falling partly before the beginning of the permitted period as is proportionate to the part of the accounting period falling within the permitted period. (9) The reliefs falling within this subsection are— (a) any relief under section 338 of the Taxes Act 1988 (charges on income) in respect of payments made wholly and exclusively for the purposes of a trade; (b) where the company is an investment company for the purposes of Part IV of the Taxes Act 1988, any relief under that section in respect of payments made wholly and exclusively for the purposes of its business. (10) For the purposes of subsections (7) and (8) above— (a) the exchange profits of an accounting period are the annual profits or gains the company is treated as receiving in that period under section 130 above, (b) the permitted period is the period of three years immediately preceding the accounting period first mentioned in subsection (7) above, and (c) an earlier loss is a loss incurred, or treated as incurred, in an accounting period earlier than that first mentioned in subsection (7) above. (11) The amount of the reduction that may be made under subsection (7) above in the exchange profits of an accounting period falling partly before the beginning of the permitted period shall not exceed a part of those profits proportionate to the part of the accounting period falling within the permitted period. (12) If the whole or part of the relievable amount for an accounting period is not dealt with under a claim under this section— (a) the company shall be treated as incurring by virtue of section 129 above a loss of an amount equal to the whole or part (as the case may be), (b) the company shall be treated as incurring the loss in the next succeeding accounting period, and (c) in relation to that accounting period references to amount B shall be construed accordingly. (13) A company— (a) may not claim under more than one of subsections (3) and (4) above as regards the same part of a relievable amount, and (b) where it has claimed under subsection (5)(b) or (6) above as regards part of a relievable amount, may not later claim under subsection (3) or (4) above as regards any part of the relievable amount. (14) A claim under any of subsections (3) to (6) above must be made within the period of two years immediately following the accounting period to which the relievable amount relates or within such further period as the Board may allow.
Propose a change(1) This section applies where section 131(12) above treats a company as incurring a loss in an accounting period by virtue of section 129 above. (2) In this section references to amount C are to so much of amount B as the company is treated as incurring in the accounting period otherwise than by virtue of section 131(12). (3) Where section 131 above applies by virtue of section 131(1) and this section applies, then, as regards the accounting period— (a) if amount C is nil section 131(3) to (6) shall not apply; (b) if amount C exceeds nil the references to the relievable amount in section 131(3) to (7), (13) and (14) shall be construed as references to so much of that amount as equals amount C. (4) Where section 131 above applies by virtue of section 131(2) and this section applies, then, as regards the accounting period— (a) if amount C does not exceed amount A section 131(3) to (6) shall not apply; (b) if amount C exceeds amount A the references to the relievable amount in section 131(3) to (7), (13) and (14) shall be construed as references to so much of that amount as equals amount C minus amount A.
Propose a change(1) Section 131(4) above shall apply before section 393A(1) of the Taxes Act 1988 in relation to profits of the accounting period first mentioned in section 131(4) above. (2) Relief shall not be given under section 131(4) above against any ring fence profits of the company; and in this subsection “ring fence profits” has the same meaning as in Chapter V of Part XII of the Taxes Act 1988. (3) Where the company incurs a loss in a trade in the accounting period first mentioned in subsection (7) of section 131 above, that subsection shall apply after section 393A(1) of the Taxes Act 1988 in relation to exchange profits of a particular accounting period. (4) Relief shall not be given by virtue of section 131(7) above so as to interfere with— (a) any relief under section 338 of the Taxes Act 1988 (charges on income) in respect of payments made wholly and exclusively for the purposes of a trade, or (b) where the company is an investment company for the purposes of Part IV of the Taxes Act 1988, any relief under that section in respect of payments made wholly and exclusively for the purposes of its business. (5) The reference in subsection (3) above to exchange profits of an accounting period shall be construed in accordance with section 131(10) above.
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