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Part IIU.K. Income Tax, Corporation Tax and Capital Gains Tax

Chapter IU.K. General

Miscellaneous provisions about reliefsU.K.

109 Pre-trading expenditure.U.K.

(1)In subsection (1) of section 401 of the Taxes Act 1988 (which gives relief for expenditure incurred within the five years before the beginning of any trade, profession or vocation), for “five” there shall be substituted “ seven ”.

(2)After subsection (1) of that section there shall be inserted the following subsection—

(1A)Where—

(a)a company pays any charge on income at a time before it begins to carry on any trade, and

(b)the payment is made wholly and exclusively for the purposes of that trade,

that payment, to the extent that it is not deducted otherwise than by virtue of this section from any profits, shall be treated for the purposes of corporation tax as paid on the day on which the trade is first carried on by the company.

(3)In section 338(5)(b) of that Act (payments not to be treated as charges on income), after “trade” there shall be inserted “ which is or is to be ”.

(4)Subsections (1) and (2) above shall have effect where the time when the person begins to carry on the trade, profession or vocation falls after 31st March 1993, and subsection (3) above shall have effect in relation to payments made after that date.