Part II Income Tax, Corporation Tax and Capital Gains Tax
Chapter I General
Interest etc. on debts between associated companies
C164 Deep discount securities.
1
Subsection (2) below applies where the debt on a deep discount security—
a
is a qualifying debt at the end of the day immediately preceding the commencement date;
b
becomes such a debt at any time after that date;
c
ceases to be such a debt at any such time; or
d
is such a debt at the end of the last day of any accounting period of F1the creditor company ending after that date;
and in that subsection “the relevant time” means the time mentioned in whichever of paragraphs (a) to (d) above is applicable.
2
For the purposes of Schedule 4 to the Taxes Act 1988 (deep discount securities) F1the creditor company shall be deemed—
a
except in a case falling within paragraph (b) of subsection (1) above, to dispose of the security at the relevant time; and
b
in a case falling within that paragraph where that company was the holder of the security at a time immediately preceding the relevant time, to dispose of the security at that preceding time.
3
Subsection (4) below applies where the debt on a deep discount security—
a
is a qualifying debt at the beginning of the commencement date;
b
becomes such a debt at any time after that date;
c
ceases to be such a debt at any such time; or
d
is such a debt at the beginning of the first day of any accounting period of F1the creditor company beginning after that date;
and in that subsection “the relevant time” means the time mentioned in whichever of paragraphs (a) to (d) above is applicable.
4
For the purposes of Schedule 4 F1the creditor company shall be deemed—
a
except in a case falling within paragraph (c) of subsection (3) above, to acquire the security at the relevant time; and
b
in a case falling within that paragraph where that company is the holder of the security at a time immediately following the relevant time, to acquire the security at that following time.
5
Any income which, apart from this subsection, would be treated as arising at any time by virtue of subsection (1)(a) or (b) above shall be treated as not arising until whichever of the following is the earliest, namely—
a
the earliest time at which, under the terms on which the security is issued, F1the creditor company is entitled to require it to be redeemed;
b
the time at which the security is redeemed; and
c
the time (if any) at which it is transferred by F1the creditor company.
6
Subsection (7) below applies where, in the case of a debt which is not a debt on a security, the terms of the debt are such that, if it were such a debt, the security would be a deep discount security.
7
For the purposes of this section and Schedule 4, at any time when the debt is a qualifying debt—
a
a deep discount security incorporating the terms of the debt shall be deemed to be held by F1the creditor company, and
b
the debt shall be deemed to be a debt on that security.
8
In this section expressions to which meanings are assigned for the purposes of Schedule 4 have the same meanings as in that Schedule.
64 Deep discount securities.
1
Subsection (2) below applies where the debt on a deep discount security—
a
is a qualifying debt at the end of the day immediately preceding the commencement date;
b
becomes such a debt at any time after that date;
c
ceases to be such a debt at any such time; or
d
is such a debt at the end of the last day of any accounting period of the resident company ending after that date;
and in that subsection “the relevant time” means the time mentioned in whichever of paragraphs (a) to (d) above is applicable.
2
For the purposes of Schedule 4 to the Taxes Act 1988 (deep discount securities) the resident company shall be deemed—
a
except in a case falling within paragraph (b) of subsection (1) above, to dispose of the security at the relevant time; and
b
in a case falling within that paragraph where that company was the holder of the security at a time immediately preceding the relevant time, to dispose of the security at that preceding time.
3
Subsection (4) below applies where the debt on a deep discount security—
a
is a qualifying debt at the beginning of the commencement date;
b
becomes such a debt at any time after that date;
c
ceases to be such a debt at any such time; or
d
is such a debt at the beginning of the first day of any accounting period of the resident company beginning after that date;
and in that subsection “the relevant time” means the time mentioned in whichever of paragraphs (a) to (d) above is applicable.
4
For the purposes of Schedule 4 the resident company shall be deemed—
a
except in a case falling within paragraph (c) of subsection (3) above, to acquire the security at the relevant time; and
b
in a case falling within that paragraph where that company is the holder of the security at a time immediately following the relevant time, to acquire the security at that following time.
5
Any income which, apart from this subsection, would be treated as arising at any time by virtue of subsection (1)(a) or (b) above shall be treated as not arising until whichever of the following is the earliest, namely—
a
the earliest time at which, under the terms on which the security is issued, the resident company is entitled to require it to be redeemed;
b
the time at which the security is redeemed; and
c
the time (if any) at which it is transferred by the resident company.
6
Subsection (7) below applies where, in the case of a debt which is not a debt on a security, the terms of the debt are such that, if it were such a debt, the security would be a deep discount security.
7
For the purposes of this section and Schedule 4, at any time when the debt is a qualifying debt—
a
a deep discount security incorporating the terms of the debt shall be deemed to be held by the resident company, and
b
the debt shall be deemed to be a debt on that security.
8
In this section expressions to which meanings are assigned for the purposes of Schedule 4 have the same meanings as in that Schedule.