Yn ddilys o 01/04/2009
656Introduction to section 658U.K.
(1)Section 658 (chargeable gain or allowable loss treated as accruing) applies to a derivative contract of a company for an accounting period if each of conditions A to F is met.
(2)Condition A is that the derivative contract is a relevant contract to which the company is treated as a party under section 585(2) (loan relationships with embedded derivatives) because of a debtor relationship of the company.
(3)Condition B is that the derivative contract—
(a)is treated as a contract for differences by section 585(3) (contract treated as option, future or contract for differences), and
(b)is not within section 652.
(4)Condition C is that the derivative contract is an exactly tracking contract.
(5)Condition D is that the underlying subject matter of the derivative contract is shares.
(6)Condition E is that at the time when the company became a party to the debtor relationship—
(a)it was not carrying on a banking business or a business as a securities house, or
(b)if it was carrying on such a business, it did not become a party to the debtor relationship in the ordinary course of that business.
(7)Condition F is that the company is not an excluded body.
(8)For the meaning of “exactly tracking contract”, see section 657.