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Finance Act 1993

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This is the original version (as it was originally enacted).

2In section 56 of the Taxes Act 1988 (transactions in deposits or debts) the following subsections shall be inserted after subsection (3)—

(3A)Subsection (3B) below applies where—

(a)profits or gains arise from the disposal of a right to which subsection (2) above applies and fall to be charged to tax under Case VI of Schedule D by virtue of that subsection, and

(b)the profits or gains arise to a qualifying company.

(3B)For the purposes of the charge under Case VI the profits or gains—

(a)shall be increased by the amount of any non-trading exchange loss, or the aggregate of the amounts of any non-trading exchange losses, accruing to the company as regards the right for any accrual period or periods constituting or falling within the holding period;

(b)shall (after taking account of paragraph (a) above) be reduced by the amount of any non-trading exchange gain, or the aggregate of the amounts of any non-trading exchange gains, accruing to the company as regards the right for any accrual period or periods constituting or falling within the holding period.

(3C)For the purposes of subsections (3A) and (3B) above—

(a)“accrual period” and “qualifying company” have the same meanings as in Chapter II of Part II of the Finance Act 1993;

(b)the question whether a non-trading exchange gain or loss accrues to the company as regards the right for an accrual period shall be decided in accordance with that Chapter.

(3D)For the purposes of subsection (3B) above the holding period is the period which—

(a)begins when the company acquired (or last acquired) the right before the disposal, and

(b)ends when the disposal is made.

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