C1C2C3C4C5C6C7C9C8Part 5Loan Relationships

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 applied (with effect in accordance with Sch. 24 paras. 13-16 of the amending Act) by Finance Act 2009 (c. 10), Sch. 24 para. 15(2)(3)

C2

Pt. 5 applied (with modifications) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 990(5), 1184(1) (with Sch. 2)

C3

Pt. 5 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 5; S.I. 2012/628, art. 3(b)

C5

Pt. 5 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)

C7

Pt. 5 modified (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Taxation of Regulatory Capital Securities Regulations 2013 (S.I. 2013/3209), regs. 1(1), 11(3)-(6)

C9

Pt. 5 modified by 2010 c. 4, s. 356NC(1)-(4) (as inserted (1.4.2014) by Finance Act 2014 (c. 26), Sch. 16 paras. 4, 6)

C8

Pt. 5 modified by 2010 c. 4, s. 356NB(1)-(4) (as inserted (1.4.2014) by Finance Act 2014 (c. 26), Sch. 16 paras. 4, 6)

Chapter 3The credits and debits to be brought into account: general

Accounting bases

313Basis of accounting: “amortised cost basis”, “fair value accounting” and “fair value”

1

The general rule is that the amounts to be brought into account by a company as credits and debits for any period of account for the purposes of this Part may be determined on any basis of accounting that is in accordance with generally accepted accounting practice F1... .

2

But subsection (1) is subject to F2... the following provisions (which require a particular accounting basis to be used)—

a

section 312(5) and (6) (determination of credits and debits where amounts not fully recognised for accounting purposes),

b

section 349(2) (application of amortised cost basis to connected companies relationships),

c

section 382(2) (company partners using fair value accounting),

d

section 399(2) (index-linked gilt-edged securities: application of fair value accounting),

F3e

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F3f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

section 482(2) (application of amortised cost basis of accounting to discounts arising from a money debt under a relevant non-lending relationship), F4and

h

section 490(3) (holdings in OEICs, unit trusts and offshore funds: application of fair value accounting) F5... .

F5i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In this Part “amortised cost basis of accounting”, in relation to a company's loan relationship, means a basis of accounting under which an asset or liability representing the loan relationship is F7measured in the company's balance sheet at its amortised cost using the effective interest method, but with that amortised cost being adjusted as necessary where the loan relationship is the hedged item under a designated fair value hedge.

F84A

In subsection (4) each of the following expressions has the meaning that it has for accounting purposes—

  • “amortised cost”, in relation to assets or liabilities;

  • “the effective interest method”, in relation to the measurement of assets or liabilities.

F95

In this Part “fair value accounting” means a basis of accounting under which—

a

assets and liabilities are measured in the company's balance sheet at their fair value, and

b

changes in the fair value of assets and liabilities are recognised as items of profit or loss.

F106

For the meaning of “fair value”, see section 476(1).

7

In this Part each of the following has the meaning that it has for accounting purposes—

  • “designated fair value hedge”;

  • “hedged item”.

314Power to make regulations about changes from amortised cost basis

1

This section applies if the credits or debits to be brought into account for the purposes of this Part in respect of assets or liabilities of a company—

a

are required in accordance with generally accepted accounting practice to be dealt with for accounting purposes using fair value accounting, and

b

were previously dealt with for those purposes on an amortised cost basis.

2

The Treasury may by regulations provide that the credits or debits must continue to be determined on an amortised cost basis of accounting.

3

The regulations may—

a

make different provision for different cases,

b

make incidental, supplemental, consequential and transitional provision and savings, and

c

make provision subject to an election or to other specified conditions.