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SCHEDULES

Schedule 28AU.K.[F1Change in ownership of company with investment business: deductions]

Textual Amendments

F1Sch. 28A heading substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 (S.I. 2004/2310), art. 2, Sch. para. 39(11)

Modifications etc. (not altering text)

C1Sch. 28A modified (22.7.2004) by Finance Act 2004 (c. 12), s. 43(7)

Part VU.K. Amounts in issue for purposes of section 768C

13(1)The amounts in issue referred to in section 768C(3)(c) are—

(a)the amount which would in accordance with the relevant provisions of the 1992 Act (and apart from section 768C) be included in respect of chargeable gains in the total profits for the accounting period being divided;

(b)[F2the amount of any expenses of management referable to the accounting period (within the meaning of section 75)] being divided except any such expenses as would (apart from section 768C) be deductible in computing total profits otherwise than under section 75;

(c)the amount of any charges which are paid in that accounting period wholly and exclusively for the purposes of the company’s business;

(d)the amount of any excess carried forward under [F3section 75(9)] to the accounting period being divided;

(e)the amount of any allowances falling to be made for that accounting period by virtue of [F4section 253 of the Capital Allowances Act] which would (apart from section 768C) be added to the expenses of management for that accounting period by virtue of [F5section 75(7)];

[F6(ea)the amount (if any) of the adjusted Case III profits and gains or non-trading deficit of the company for that accounting period [F7(other than one within paragraph (ec) below)];

(eb)the amount of any non-trading debit (other than one within paragraph F8. . . (ed) below) that falls to be brought into account for that accounting period for the purposes of Chapter II of Part IV of the Finance Act 1996 (loan relationships) in respect of any debtor relationship of the company;

(ec)the amount of any non-trading [F9deficit carried forward to that accounting period under] section [F1083(3A)] of the Finance Act 1996 (carried forward deficit not set off against profits);

(ed)the amount of any non-trading debit given for that accounting period by paragraph 13 of Schedule 15 to the Finance Act 1996 (transitional adjustment for past interest) in respect of any debtor relationship of the company;]

[F11(ee)the amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for that period under paragraph 34 of Schedule 29 to the Finance Act 2002;

(ef)the amount of any non-trading loss on intangible fixed assets carried forward to that accounting period under paragraph 35(3) of that Schedule;] and

(f)any other amounts by reference to which the profits or losses of the accounting period being divided would (apart from section 768C) be calculated.

(2)In sub-paragraph (1)(a) above “the relevant provisions of the 1992 Act” means section 8(1) of and Schedule 7A to that Act.

Textual Amendments

F2Words in Sch. 28A para. 13(1)(b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 (S.I. 2004/2310), art. 2, Sch. para. 39(8)(a)

F3Words in Sch. 28A para. 13(1)(d) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 (S.I. 2004/2310), art. 2, Sch. para. 39(8)(b)

F4Words in Sch. 28A para. 13(1)(e) substituted (with effect in accordance with s. 579 of the amending Act) by Capital Allowances Act 2001 (c. 2), Sch. 2 para. 67(2)

F5Words in Sch. 28A para. 13(1)(e) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 (S.I. 2004/2310), art. 2, Sch. para. 39(8)(c)

F6Sch. 28A para. 13(1)(ea)-(ed) inserted (with effect in accordance with s. 105(1) of the amending Act) by Finance Act 1996 (c. 8), Sch. 14 para. 54(5) (with Sch. 15)

F9Words in Sch. 28A para. 13(1)(ec) substituted (retrospectively) by Finance Act 1998 (c. 36), s. 82(3)(h)(4)

F10Words in Sch. 28A para. 13(1)(ec) substituted (with effect in accordance with s. 82(2) of the amending Act) by Finance Act 2002 (c. 23), Sch. 25 para. 58(7)

13AParagraph 6A above shall apply for the purposes of paragraph 13(1)(ea) above as it applies for the purposes of paragraph 6(da) above.