Contracts where part of underlying subject matter of excluded typeU.K.
46(1)This paragraph applies to a relevant contract of a company—
(a)which is an option or future,
(b)which satisfies the requirements of paragraph (accounting requirements etc), and
(c)whose underlying subject matter falls within sub-paragraph (2).
(2)The underlying subject matter of a relevant contract falls within this sub-paragraph if it consists of—
(a)any one or more of the excluded types of property falling within paragraphs [F1(a) and (b)] of sub-paragraph (2) of paragraph 4, and
(b)underlying subject matter other than that referred to in paragraph (a).
(3)Where this paragraph applies to a relevant contract of a company, it shall be treated for the purposes of the Corporation Tax Acts as if it were two separate contracts, namely—
(a)a relevant contract of the company whose underlying subject matter consists of the excluded types of property referred to in sub-paragraph (2)(a), and
(b)a relevant contract of the company whose underlying subject matter consists of the underlying subject matter referred to in sub-paragraph (2)(b).
(4)For the purposes of giving effect to sub-paragraph (3) all such apportionments as are just and reasonable shall be made.
(5)This paragraph does not apply to a relevant contract if it is determined in accordance with paragraph 9 that the underlying subject matter of the relevant contract in question is to be treated as consisting wholly of any one or more of the excluded types of property referred to in sub-paragraph (2)(a).
Textual Amendments
F1Words in Sch. 26 para. 46(2)(a) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment) Order 2005 (S.I. 2005/646), arts. 1(1), 19