Finance Act 2006

115 Profit: financing-cost ratio U.K.

(1) The Treasury may make regulations that apply to a company to which this Part applies where the result of the sum specified in subsection (2) is less than 1.25 in respect of an accounting period.

(2) That sum is—

where—

(a) Profits means the amount of the profits of C (tax-exempt) arising in the accounting period (before the offset of capital allowances) [F1 , of losses from a previous accounting period and of amounts taken into account under section 120(3)], and

(b) Financing Costs means the amount of the financing costs incurred in that period in respect of the business of C (tax-exempt).

(3) The regulations may cause a sum to be charged to tax, in accordance with the regulations, by reference to that part of the financing costs as a result of which the result of the sum specified in subsection (2) is less than 1.25.

[F2 (3A) The Commissioners for Her Majesty's Revenue and Customs may waive a charge in respect of an accounting period where they think that—

(a) the company was in severe financial difficulties at a time in the accounting period,

(b) the result of the sum specified in subsection (2) is less than 1.25 in respect of the accounting period because of circumstances that arose unexpectedly, and

(c) in those circumstances, the company could not reasonably have taken action to avoid the result being less than 1.25.

(3B) The regulations may specify criteria to be applied by the Commissioners in determining whether to waive a charge.]

(4) In subsections (2)(b) and (3) “financing costs” means the cost of debt finance; and in calculating the costs of debt finance in respect of an accounting period the matters to be taken into account include—

(a) costs giving rise to debits in respect of debtor relationships of the company under [F3 Part 5 of CTA 2009] (loan relationships), other than debits in respect of exchange losses from such relationships (within the meaning of [F3 section 475] of that Act),

(b) any exchange gain or loss from a debtor relationship within the meaning of [F4 that Part] in relation to debt finance,

(c) any credit or debit falling to be brought into account [F5 in accordance with Part 7 of CTA 2009] (derivative contracts) in relation to debt finance,

(d) the financing cost implicit in a payment under a finance lease, and

(e) any other costs arising from what would be considered, in accordance with generally accepted accounting practice, to be a financing transaction.

Textual Amendments

F1 Words in s. 115(2)(a) inserted (with effect as mentioned in s. 52(2) of the amending Act) by Finance Act 2007 (c. 11), s. 52, Sch. 17 para. 6(b)

F2 S. 115(3A)(3B) inserted (21.7.2009) by Finance Act 2009 (c. 10), Sch. 34 para. 6(1) (with Sch. 34 para. 6(2))

F3 Words in s. 115(4)(a) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 686(a) (with Sch. 2 Pts. 1, 2)

F4 Words in s. 115(4)(b) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 686(b) (with Sch. 2 Pts. 1, 2)

F5 Words in s. 115(4)(c) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 686(c) (with Sch. 2 Pts. 1, 2)

Modifications etc. (not altering text)

C1 S. 115 applied (with modifications) (1.1.2007) by The Real Estate Investment Trusts (Joint Ventures) Regulations 2006 (S.I. 2006/2866), reg. 6(4)

C2 S. 115 applied (with modifications) (31.12.2007) by The Real Estate Investment Trusts (Joint Venture Groups) Regulations 2007 (S.I. 2007/3425), reg. 12