SCHEDULES
C1SCHEDULE 28Derivative contracts: transitional provisions etc
5Contracts: election to treat as two assets
1
This paragraph applies if the conditions in sub-paragraphs (2) to (4) are satisfied in relation to any contract of a company.
2
The first condition is that the company is a party to the contract immediately before and on its commencement day.
3
The second condition is that the contract—
a
was not a qualifying contract (within the meaning of Chapter 2 of Part 4 of the Finance Act 1994 (c. 9)) immediately before the company’s commencement day, but
b
as from that day would, but for an election under sub-paragraph (5) of this paragraph, be a derivative contract to which paragraph 7 of Schedule 26 (contracts designed to secure guaranteed amount) applies.
4
The third condition is that the contract was, immediately before the company’s commencement day, a chargeable asset.
5
Where this paragraph applies the company may elect that its contract shall be treated for the purposes of the Corporation Tax Acts as if it were—
a
a creditor relationship of the company which is a zero coupon bond (within the meaning of paragraph 48 of Schedule 26), and
b
an option of the company whose underlying subject matter is the same as the underlying subject matter of the contract to which this paragraph applies;
and sub-paragraphs (4) to (6) of that paragraph shall apply to a creditor relationship and an option arising under this sub-paragraph as they apply to a creditor relationship and an option arising under paragraph 48(2) of Schedule 26.
6
An election under sub-paragraph (5) in relation to a contract—
a
may only be made within the period of two years following the end of the company’s first new period;
b
has effect for the company’s first new period and all subsequent accounting periods of the company; and
c
is irrevocable.
7
Where an election under sub-paragraph (5) has been made by a company in relation to a contract, the company shall, when it ceases to be a party to the contract, bring into account, for the accounting period in which it ceases 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 asset immediately before its commencement day, and
b
that the disposal had been for a consideration equal to the value (if any) given to the contract in the accounts of the company at the end of the company’s accounting period immediately before its first new period.
8
Sub-paragraph (7) has effect subject to sub-paragraph (9).
9
The company may elect that a debit representing the amount of any allowable loss, which under sub-paragraph (7) is to be brought into account for the accounting period in which it ceases to be a party to the contract, shall be brought into account for that accounting period as if it were a non-trading debit falling to be brought into account for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) in respect of a loan relationship of the company.
10
An election under sub-paragraph (9) may only be made within the period of two years following the end of the accounting period in which the company ceases to be a party to the contract.
11
For the purposes of this paragraph references to an asset being a chargeable asset shall be construed in accordance with paragraph 4(9).
12
In this paragraph “option” and “underlying subject matter” have the same meaning as in Schedule 26.
Sch. 28 extended (retrospective to 30.9.2002) by Finance Act 2003 (c. 14), s. 177(6)-(8)(11)