Part 3Income tax, corporation tax and capital gains tax
Chapter 2Corporation tax: general
Accounting practice
F150Generally accepted accounting practice
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F251Use of different accounting practices within a group of companies
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52Amendment of enactments that operate by reference to accounting practice
(1)
Schedule 10 makes amendments of provisions of the Tax Acts that operate by reference to accounting practice.
(2)
In that Schedule—
Part 1 makes amendments relating to loan relationships;
Part 2 makes amendments relating to derivative contracts;
Part 3 makes amendments relating to intangible fixed assets;
Part 4 makes amendments relating to foreign currency accounting.
(3)
The amendments have effect in relation to—
(a)
periods of account beginning on or after 1st January 2005, F3...
F3(b)
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53Treatment of expenditure on research and development
(1)
Expenditure by a company on research and development, if not of a capital nature, is not prevented from being regarded for tax purposes as deductible in computing profits by reason of the fact that for accounting purposes it is brought into account by the company in determining the value of an intangible asset.
(2)
Subsection (1) applies, in particular, for the purposes of—
section 82A of the Taxes Act 1988 (deduction of expenditure on research and development),
Schedule 20 to the Finance Act 2000 (c. 17) (R&D tax relief),
Schedule 12 to the Finance Act 2002 (c. 23) (tax relief for expenditure on research and development), and
Schedule 13 to that Act (tax relief for expenditure on vaccine research etc.).
(3)
Where expenditure is brought into account by a company for tax purposes in accordance with subsection (1), no deduction may be made in computing for tax purposes the profits of the company in respect of the writing down of so much of the value of an intangible asset as is attributable to that expenditure.
(4)
Expenditure shall not be regarded by virtue of subsection (1) as deductible in computing a company’s profits for an accounting period to the extent that—
(a)
a deduction has been made in respect of it in computing the company’s profits for a previous accounting period, or
(b)
the company has benefited from a tax relief in respect of it for a previous accounting period under any of the provisions specified in subsection (2).
(5)
In this section—
“intangible asset” has the meaning it has for accounting purposes; and
“research and development” has the meaning given by section 837A of the Taxes Act 1988.
(6)
This section shall come into force in accordance with provision made by the Treasury by order made by statutory instrument.
F454Trading profits etc. from securities: taxation of amounts taken to reserves
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