SCHEDULES

SCHEDULE 7Loan relationships and derivative contracts

PART 2Derivative contracts: amendments of Part 7 of CTA 2009

65

1

Section 604 (credits and debits treated as relating to capital expenditure) is amended as follows.

2

For subsections (1) to (3) substitute—

1

This section applies if—

a

an amount for an accounting period in respect of a company's derivative contract relates to any of the matters in section 594A(1),

b

generally accepted accounting practice allows the amount to be treated in the company's accounts as an amount recognised in determining the carrying value of an asset or liability, and

c

any profit or loss for corporation tax purposes in relation to that asset or liability will not fall to be calculated in accordance with generally accepted accounting practice.

2

Despite that treatment, the amount must be brought into account as a credit or debit in accordance with this Part, for the accounting period in which it is recognised, in the same way as an amount which is brought into account as a credit or debit in determining the company's profit or loss for that period in accordance with generally accepted accounting practice.

3

But subsection (2) does not apply to an amount which relates to an intangible fixed asset to which an election under section 730 (writing down at fixed rate: election for fixed-rate basis) applies.

3

Omit subsection (4).

4

For subsection (5) substitute—

5

If an amount is brought into account as mentioned in subsection (2) as a debit, no debit may be brought into account in accordance with this Part in respect of—

a

the writing down of so much of the value of the asset or liability as is attributable to that debit, or

b

so much of any amortisation or depreciation representing a writing off of that value as is attributable to that debit.