Finance Act 2009

Statement of allocated exemptions: requirements U.K.

33 (1) This paragraph applies in relation to a statement of allocated exemptions submitted under paragraph 31 or 32. U.K.

(2) The statement must be signed—

(a) in a case in which an appointment under paragraph 29 has effect in relation to the relevant period of account, by the appropriate person in relation to the company appointed under that paragraph, or

(b) in a case in which such an appointment does not have effect in relation to the relevant period of account, by the appropriate person in relation to each company to which this Part applies.

(3) The statement must show—

(a) the tested expense amount,

(b) the available amount, and

(c) the total disallowed amount.

(4) The statement must—

(a) list one or more companies to which this Part applies, and

(b) in relation to each listed company, specify one or more financing income amounts for the relevant period of account that are to be exempted, and give the relevant details in relation to each such amount.

(5) For this purpose “the relevant details”, in relation to a financing income amount, are—

(a) which of conditions A, B or C in paragraph 55 is met in relation to the amount, and

(b) the relevant accounting period of the company in which the amount would, apart from this Schedule, be brought into account for the purposes of corporation tax.

(6) The sum of the amounts specified under sub-paragraph (4)(b) must not exceed the lower of—

(a) total disallowed amount, and

(b) the tested income amount (see Part 8).

(7) In this paragraph “the appropriate person”, in relation to a company, means—

(a) the proper officer of the company, or

(b) such other person as may for the time being have the express, implied or apparent authority of the company to act on its behalf for the purposes of this Schedule.

(8) Subsections (3) and (4) of section 108 of TMA 1970 (responsibility of company officers: meaning of “proper officer”) apply for the purposes of this paragraph as they apply for the purposes of that section.

(9) For the meaning of “financing income amount”, see Part 7.