Finance Act 2002

[F14B.(1)This paragraph applies to a company if the conditions in sub-paragraph (2) are satisfied in relation to a relevant contract.U.K.

(2)The conditions are—

(a)the company is a party to the relevant contract both immediately before and on 28th July 2005,

(b)the relevant contract—

(i)was not a derivative contract immediately before that date, but

(ii)would (apart from this paragraph) be a derivative contract on that date, if an accounting period of the company began on that date, and

(c)the relevant contract was a chargeable asset immediately before that date.

(3)The company shall, when it ceases to be a party to the relevant contract, bring into account, for the accounting period in which it ceased to be a party to the contract, the amount of any chargeable gain or allowable loss which would have been treated as accruing to the company on the assumption—

(a)that it had made a disposal of the relevant contract immediately before 28th July 2005, and

(b)that the disposal had been for a consideration equal to the fair value of the relevant contract on that date.

(4)The relevant contract shall be treated for the purposes of this Schedule as a derivative contract entered into by the company on 28th July 2005 for a consideration equal to the fair value of the contract on that date.

(5)Sub-paragraph (4) of paragraph 4A (meaning of chargeable asset) also applies for the purposes of this paragraph.]

Textual Amendments

F1Sch. 26 paras. 4B, 4C inserted (with effect in accordance with art. 1(5)(b) of the amending S.I.) by The Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment No. 2) Order 2005 (S.I. 2005/2082), arts. 1(5)(a), 6