Taxation (International and Other Provisions) Act 2010

[F1 407 Amounts not brought into account in determining a company's tax-EBITDA U.K.

(1) An amount is an excluded amount for the purposes of conditions A and B in section 406 if it is any of the following—

(a) a tax-interest expense amount or a tax-interest income amount [F2 (or an amount which would, apart from section 388, be a tax-interest income amount);]

(b) an allowance or charge under CAA 2001;

(c) an excluded relevant intangibles debit or an excluded relevant intangibles credit (see section 408);

(d) a loss that—

(i) is made by the company in an accounting period other than that mentioned in section 406(2), and

(ii) is not an allowable loss for the purposes of TCGA 1992;

(e) a deficit from the company's loan relationships for an accounting period other than that mentioned in section 406(2);

(f) expenses of management of the company that are referable to an accounting period other than that mentioned in section 406(2);

(g) a deduction under section 137 of CTA 2010 (group relief) or section 188CK of that Act (group relief for carried-forward losses) if and to the extent that it constitutes a loss of the worldwide group;

[F3 (ga) a reduction under paragraph 37(3)(b) of Schedule 5 to FA 2019 (non-UK resident companies carrying on UK property businesses etc: unrelieved amounts);]

(h) a qualifying tax relief.

(2) For the purposes of subsection (1)(g) the deduction constitutes a “loss of the worldwide group” if and to the extent that it comprises surrenderable amounts that are referable to times at which the surrendering company was a member of the worldwide group.

(3) An amount is a qualifying tax relief for the purposes of subsection (1)(h) if it is any of the following—

(a) an R&D expenditure credit [F4 under Chapter 1A of Part 13] of CTA 2009;

(b) a deduction under section 1044, 1063, 1068 or 1087 of CTA 2009 (additional relief for expenditure on research and development);

(c) an amount which is treated as a trading loss as a result of section 1092 of CTA 2009 (SMEs: deemed trading loss for pre-trading expenditure);

(d) a deduction under section 1147 or 1149 of CTA 2009 (relief for expenditure on contaminated or derelict land);

(e) a deduction under section 1199 of CTA 2009 (film tax relief);

(f) a deduction under section 1216CF of CTA 2009 (television tax relief);

(g) a deduction under section 1217CF of CTA 2009 (video games tax relief);

(h) a deduction under section 1217H of CTA 2009 (relief in relation to theatrical productions);

(i) a deduction under section 1217RD of CTA 2009 (orchestra tax relief);

(j) a deduction under section 1218ZCE of CTA 2009 (museums and galleries exhibition tax relief);

(k) a qualifying charitable donation (whether made in the accounting period mentioned in section 406(2) or an earlier one);

(l) a deduction under section 357A of CTA 2010 (profits from patents etc chargeable at lower rate of corporation tax).

(4) An amount is an excluded amount for the purposes of condition B in section 406 if it is an allowable loss for the purposes of TCGA 1992.]

Textual Amendments

F1 Pt. 10: the existing Pt. 10 renumbered as Pt. 11 (except for ss. 375, 376 which are repealed), the existing ss. 372-374, 377-382 renumbered as ss. 499-507 and a new Pt. 10 (ss. 372-498) inserted (with effect in accordance with Sch. 5 para. 25(1)-(3) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 1, 10(1)(2)(a)(3) (with Sch. 5 paras. 27, 32-34)

F2 Words in s. 407(1)(a) inserted (with effect in accordance with Sch. 3 para. 30-36 of the amending Act) by Finance (No. 2) Act 2023 (c. 30), Sch. 3 para. 5(2)

F3 S. 407(1)(ga) inserted (with effect in accordance with Sch. 3 para. 30-36 of the amending Act) by Finance (No. 2) Act 2023 (c. 30), Sch. 3 para. 5(3)

F4 Words in s. 407(3)(a) substituted (with effect in relation to accounting periods beginning on or after 1.4.2024) by Finance Act 2024 (c. 3), Sch. 1 paras. 14(4)(a), 16; S.I. 2024/286, reg. 2