SCHEDULES

SCHEDULE 16Exchange gains and losses: transitionals

Miscellaneous

6

1

Regulations may provide—

a

that provision under paragraph 3 above or provision under paragraph 4 above or provision under neither of them shall apply in the case of an asset or liability according to the circumstances of the case;

b

that provision under paragraph 3(3)(a) above or provision under paragraph 3(3)(b) above shall apply in the case of an asset or liability according to the circumstances of the case.

2

The circumstances may be framed by reference to—

a

whether, and how, exchange differences arising as regards the asset or liability would be taken into account for tax purposes apart from this Chapter;

b

such other factors as the Treasury think fit;

and for this purpose exchange differences are gains and losses attributable to fluctuations in currency exchange rates.