Finance Act 2005

Valid from 07/04/2005

31(1)Paragraph 19A of Schedule 9 to FA 1996 (loan relationships: adjustment on change of accounting policy) is amended as follows.U.K.

(2)In sub-paragraph (4), after “means” insert “ , subject to sub-paragraph (4B), ”.

(3)After that sub-paragraph insert—

(4A)For the purposes of this paragraph the “carrying value” of an asset or liability includes amounts recognised for accounting purposes in relation to the loan relationship in respect of—

(a)accrued amounts;

(b)amounts paid or received in advance;

(c)impairment losses (including provisions for bad or doubtful debts).

(4B)In determining the profits, gains and losses to be recognised in determining the carrying value of the asset or liability for the purposes of this paragraph, the following provisions—

(a)section 87(2) (accounting method where parties have a connection),

(b)section 88A(4) (accounting method where rate of interest is reset),

(c)section 94 (loan relationships: treatment of indexed gilt-edged securities),

(d)section 94A(2) (loan relationships with embedded derivatives),

(e)section 96(2) (special rules for certain gilts),

(f)section 154(6) (FOTRA securities: certain amounts not to be brought into account), and

(g)paragraphs 1, 1A, 2, 6, 12 and 18 of this Schedule (special computational provisions),

apply as they apply for the purposes of determining the credits and debits to be brought into account under this Chapter.

(4C)Where—

(a)a company has ceased to be a party to a loan relationship,

(b)section 103(6) (credits and debits to be brought into account in respect of profits, gains and losses arising in the cessation period) applied to the cessation, and

(c)there is a difference between—

(i)the amount outstanding in respect of the loan relationship at the end of the earlier period, and

(ii)the amount outstanding in respect of the loan relationship at the beginning of the later period,

a debit or credit (as the case may be) corresponding to that difference shall be brought into account for the purposes of this Chapter at the beginning of the later period.

(4D)In sub-paragraph (4C), “the amount outstanding”, in respect of a loan relationship, means so much of the amount recognised as deferred income or deferred loss in the company's balance sheet, in accordance with generally accepted accounting practice, in respect of the profits, gains or losses that arose from that relationship or a related transaction in the cessation period (within the meaning of section 103(6)) as has not been represented by credits or debits brought into account under this Chapter..

(4)In sub-paragraph (5) after “sub-paragraph (3)” insert “ or (4C) ”.

(5)Omit sub-paragraph (6).