Exclusions from paragraph 45DU.K.
[F145E.(1)Paragraph 45D does not apply to a derivative contract of a company for an accounting period if any of the following Conditions is satisfied in the case of the derivative contract in the period.
(2)In this paragraph “the original asset” means the asset that represents the creditor relationship mentioned in paragraph 45D(1).
(3)Condition 1 is that the rights and liabilities that fall to be treated as comprised in the derivative contract are such that the extent to which shares may be acquired in accordance with them is to be determined using a cash value—
(a)which is specified in the contract for the original asset, or
(b)which is or will be ascertainable by reference to that contract.
(4)Condition 2 is that the rights and liabilities that fall to be treated as comprised in the derivative contract are such that—
(a)the company is entitled or obliged to receive a payment instead of the shares which are the underlying subject matter of the derivative contract, and
(b)the amount of that payment differs by more than an insignificant amount from the value of the shares which the company would be entitled to acquire in accordance with those rights and liabilities at the time it became entitled or obliged to receive the payment.
(5)Condition 3 is that there is for the accounting period a connection (within the meaning of section 87(3) of the Finance Act 1996) between—
(a)the company, and
(b)the company that issued the original asset,
and the original asset is not one in relation to which, by virtue only of subsection (5)(b) of section 73, the amendments made by that section do not have effect.]
Textual Amendments
F1Sch. 26 paras. 45A-45I inserted (with effect in accordance with art. 1(2)(3)(4) of the amending S.I.) by The Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment) Order 2004 (S.I. 2004/2201), arts. 1(1), 15