PART IVU.K. PROVISIONS RELATING TO THE SCHEDULE D CHARGE

CHAPTER VU.K. COMPUTATIONAL PROVISIONS

DeductionsU.K.

88B Section 88A debts: restriction on deductions under section 74(j).U.K.

(1)Where this section has effect in relation to a debt, no more than the relevant percentage of the debt shall be estimated to be bad for the purposes of section 74(j).

(2)The relevant percentage of a debt for any period of account of the company is such percentage (which may be zero) as may be determined in accordance with regulations by reference to the position at the end of that period.

(3)Subsection (2) above has effect subject to the following provisions of this section, and in those provisions—

(a)the base period” means the last period of account of the company ending before 20th March 1990, and

(b)the base percentage”, in relation to a debt, means such percentage (which may be zero) as may be determined in accordance with regulations by reference to the position at the end of the base period.

(4)If for any period of account of the company which ends less than two years after the base period the percentage provided for in subsection (2) above in relation to a debt is greater than the base percentage, the base percentage shall be the relevant percentage for the first-mentioned period.

(5)If for any later period of account of the company the percentage provided for in subsection (2) above in relation to a debt is greater than the base percentage increased by five percentage points for each complete year (except the first) that has elapsed between—

(a)the end of the base period, and

(b)the end of the later period in question,

then the base percentage as so increased shall be the relevant percentage for the later period.

(6)In relation to a company which had no periods of account ending before 20th March 1990, the relevant percentage in relation to a debt shall be the same as it would have been on the assumption that the company had had such periods of account (and that any notional periods of account before its first actual period of account had been of one year each).

(7)In this section “regulations” means regulations made by the Treasury; but the Treasury shall not make any regulations under this section unless a draft of them has been laid before and approved by a resolution of the House of Commons.