SCHEDULES

SCHEDULE 9Taxation provisions relating to nuclear transfer schemes

Part 1Transfers to the NDA or a subsidiary of the NDA

Continuity in relation to derivative contracts

I112

1

This paragraph applies if, in consequence of a section 39 scheme, the NDA or a subsidiary of the NDA replaces a person as a party to a derivative contract.

2

F1Part 7 of the Corporation Tax Act 2009 is to have effect in relation to the time when the transfer takes effect and any later time as if—

a

the NDA or its subsidiary had been a party to the derivative contract at the time when the transferor became a party to it and at all times since that time; and

b

the derivative contract to which the NDA or its subsidiary is a party after the time when the transfer takes effect is the same derivative contract as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

3

Expressions used in this paragraph and in F2Part 7 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in F3that Part.