Finance Act 1996

Debits and credits treated as relating to capital expenditureU.K.

14(1)This paragraph applies where any debit or credit F1... for any accounting period in respect of a loan relationship of a company is allowed by [F2generally accepted accounting practice] to be treated, in the accounts of the company, as an amount brought into account in determining the value of a fixed capital asset or project.U.K.

(2)Notwithstanding the application to it of the treatment allowed by [F2generally accepted accounting practice], the debit or credit shall be brought into account for the purposes of corporation tax, for the accounting period for which it is given, in the same way as a debit or credit which, in accordance with [F2generally accepted accounting practice], is brought into account in determining the company’s profit or loss for that period.

[F3(3)No debit may be brought into account by virtue of this paragraph if it is taken into account in arriving at the amount of expenditure in relation to which a debit may be given by Schedule 29 to the Finance Act 2002 (gains and losses of a company from intangible fixed assets).]

[F4(4)Where a debit is brought into account by a company in accordance with sub-paragraph (1), no debit shall be brought into account in respect of—

(a)the writing down of so much of the value of the fixed capital asset or project as is attributable to that debit, or

(b)so much of any amortisation or depreciation as represents a writing off of the interest component of the asset.]

Textual Amendments

F1Words in Sch. 9 para. 14(1) repealed (with effect in accordance with s. 52(3) of the amending Act) by Finance Act 2004 (c. 12), Sch. 10 para. 33(2), Sch. 42 Pt. 2(6)

F2Words in Sch. 9 para. 14 substituted (24.7.2002 with effect as mentioned in s. 82(2) of the amending Act) by Finance Act 2002 (c. 23), ss. 82(1), 103(4)(d), Sch. 25 Pt. 1 para. 31(2)

F3Sch. 9 para. 14(3) added (24.7.2002 with effect as mentioned in s. 82(2) of the amending Act) by Finance Act 2002 (c. 23), s. 82(1), Sch. 25 Pt. 1 para. 31(3)

F4Sch. 9 para. 14(4) added (with effect in accordance with s. 52(3) of the amending Act) by Finance Act 2004 (c. 12), Sch. 10 para. 33(3)