C1Part 3Trading income

Annotations:
Modifications etc. (not altering text)

Chapter 3Trade profits: basic rules

46Generally accepted accounting practice

1

The profits of a trade must be calculated in accordance with generally accepted accounting practice, subject to any adjustment required or authorised by law in calculating profits for corporation tax purposes.

2

This does not—

a

require a company to comply with the requirements of the Companies Act 2006 (c. 46) or subordinate legislation made under that Act except as to the basis of calculation, or

b

impose any requirements as to audit or disclosure.

3

This section does not affect any provisions of the Corporation Tax Acts—

a

relating to the calculation of the profits of—

i

Lloyd's underwriters, or

ii

the life assurance business of insurance companies, or

b

otherwise laying down special rules for the calculation of the profits of a particular description of business.

47Losses calculated on same basis as profits

1

The same rules apply for corporation tax purposes in calculating losses of a trade as apply in calculating profits.

2

This is subject to any express provision to the contrary.

48Receipts and expenses

1

In the Corporation Tax Acts, in the context of the calculation of the profits of a trade, references to receipts and expenses are to any items brought into account as credits or debits in calculating the profits.

2

It follows that references in that context to receipts or expenses do not imply that an amount has actually been received or paid.

3

This section is subject to any express provision to the contrary.

49Items treated as receipts and expenses

The rules for calculating the profits of a trade need to be read with—

a

the provisions of CAA 2001 which treat allowances as expenses of a trade,

b

the provisions of CAA 2001 which treat charges as receipts of a trade,

c

section 297 (credits and debits in respect of a loan relationship to which a company is a party for the purposes of a trade it carries on treated as receipts and expenses of the trade),

d

section 573 (credits and debits in respect of a derivative contract to which a company is a party for the purposes of a trade it carries on treated as receipts and expenses of the trade),

e

section 747 (credits and debits in respect of an intangible fixed asset held by a company for the purposes of a trade it carries on treated as receipts and expenses of the trade), and

f

section 749 (credits and debits in respect of an intangible fixed asset held by a company for the purposes of a section 39(4) concern which it carries on treated as receipts and expenses of the concern).

50Animals kept for trade purposes

1

Animals or other living creatures kept for the purposes of a trade are treated as trading stock if they are not kept wholly or mainly—

a

for the work they do in connection with the carrying on of the trade,

b

for public exhibition, or

c

for racing or other competitive purposes.

2

But they are not treated as trading stock if they are part of a herd in relation to which a herd basis election has effect (see Chapter 8).

3

This section applies to shares in animals or other living creatures as it applies to the creatures themselves.

51Relationship between rules prohibiting and allowing deductions

1

Any relevant permissive rule in this Part—

a

has priority over any relevant prohibitive rule, but

b

is subject to—

i

section 56 (car F1... hire),

ii

section 1288 (unpaid remuneration),

iii

section 1290 (employee benefit contributions),

iv

section 1304 (crime-related payments).

2

In this section “any relevant permissive rule in this Part” means any provision of—

a

Chapter 5 (trade profits: rules allowing deductions), apart from sections 62 to 67,

b

Chapter 7 (trade profits: gifts to charities etc),

c

Chapter 9 (trade profits: other specific trades), or

d

Chapter 12 (deductions from profits: unremittable amounts),

which allows a deduction in calculating the profits of a trade.

3

In this section “any relevant prohibitive rule”, in relation to any deduction, means any provision of this Part or Chapter 1 of Part 20 (apart from those mentioned in subsection (1)(b)) which might otherwise be read as—

a

prohibiting or deferring the deduction, or

b

restricting the amount of the deduction.

52Apportionment etc of profits and losses to accounting period

1

This section applies if a period of account of a trade does not coincide with an accounting period.

2

Any of the following steps may be taken if they are necessary in order to arrive at the profits or losses of the accounting period—

a

apportioning the profits or losses of a period of account to the parts of that period falling in different accounting periods, and

b

adding the profits or losses of a period of account (or part of a period) to profits or losses of other periods of account (or parts).

3

The steps must be taken by reference to the number of days in the periods concerned.