Corporation Tax Act 2009

This section has no associated Explanatory Notes

290(1)Amend Schedule 28A (change in ownership of company with investment business deductions) as follows.

(2)In paragraph 6 (amounts in issue for purposes of section 768B)—

(a)in sub-paragraph (a)—

(i)for “within the meaning of section 75” substitute “within the meaning of Chapter 2 of Part 16 of CTA 2009”, and

(ii)for “under section 75” substitute “under section 1219 of CTA 2009 (expenses of management of a company’s investment business)”,

(b)in sub-paragraph (c) for “section 75(9)” substitute “section 1223 of CTA 2009 (expenses of management carried forward)”,

(c)in sub-paragraph (d) for “section 75(7)” substitute “section 1233 of CTA 2009 (excess capital allowances)”,

(d)in sub-paragraph (da) for “Case III profits and gains” substitute “non-trading profits”,

(e)in sub-paragraph (db) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”,

(f)in sub-paragraph (dc) for “section 83(3A) of the Finance Act 1996” substitute “section 457(1) of CTA 2009”,

(g)omit sub-paragraph (dd),

(h)in sub-paragraph (de) for “paragraph 34 of Schedule 29 to the Finance Act 2002” substitute “section 751 of CTA 2009”, and

(i)in sub-paragraph (df) for “paragraph 35(3) of that Schedule” substitute “section 753(3) of CTA 2009”.

(3)In paragraph 6A—

(a)for “Case III profits and gains” substitute “non-trading profits”,

(b)for sub-paragraph (a) substitute—

(a)the amount of the profits arising from the company’s loan relationships chargeable under section 299 of CTA 2009 (charge to tax on non-trading profits),, and

(c)in the words following sub-paragraph (b) for “to (dd)” substitute “or (dc)”.

(4)In paragraph 7(1)—

(a)in sub-paragraph (d)(ii) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”,

(b)in sub-paragraph (d)(iii) for “paragraph 2(2) of Schedule 9 to” substitute “section 373 of”,

(c)in sub-paragraph (d)(iv) for “paragraph 17 or 18 of that Schedule” substitute “sections 406 to 412 of that Act”, and

(d)in sub-paragraph (e)(ii) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”.

(5)In paragraph 9—

(a)in sub-paragraph (1) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”, and

(b)in sub-paragraph (2)(b) for “that Chapter” substitute “that Part”.

(6)In paragraph 10—

(a)in sub-paragraph (1) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”, and

(b)in sub-paragraph (3)(b) for “paragraph 1(2) of Schedule 8 to the Finance Act 1996” substitute “section 461 of CTA 2009”.

(7)In paragraph 11—

(a)in sub-paragraph (1)(a) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”,

(b)in sub-paragraph (1)(b)(i) for “paragraph 17 or 18 of Schedule 9 to” substitute “sections 406 to 412 of”,

(c)in sub-paragraph (1)(b)(ii) for “sub-paragraph (2) of paragraph 2 of that Schedule” substitute “section 373(1) of that Act”,

(d)in sub-paragraph (1)(c) for “paragraphs 2(2), 17 and 18 of that Schedule” substitute “sections 373 and 406 to 412 of that Act”,

(e)omit sub-paragraph (2),

(f)in sub-paragraph (3)(a) omit “or (2)”, and

(g)in sub-paragraph (3)(c) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”.

(8)In paragraph 12 for “Chapter II of Part IV of the Finance Act 1996” and “that Chapter” substitute “Part 5 of CTA 2009” and “that Part” respectively.

(9)In paragraph 13—

(a)in sub-paragraph (1)(ea) for “Case III profits and gains” substitute “non-trading profits”,

(b)in sub-paragraph (1)(eb) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”,

(c)in sub-paragraph (1)(ec) for “section 83(3A) of the Finance Act 1996” substitute “section 457(1) of CTA 2009”,

(d)omit sub-paragraph (1)(ed),

(e)in sub-paragraph (ee) for “paragraph 34 of Schedule 29 to the Finance Act 2002” substitute “section 751 of CTA 2009”, and

(f)in sub-paragraph (ef) for “paragraph 35(3) of that Schedule” substitute “section 753(3) of CTA 2009”.

(10)In paragraph 16—

(a)in sub-paragraph (1)(d)(ii) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”,

(b)in sub-paragraph (1)(d)(iii) for “paragraph 2(2) of Schedule 9 to” substitute “section 373(1) of”,

(c)in sub-paragraph (1)(d)(iv) for “paragraph 17 or 18 of that Schedule” substitute “sections 406 to 412 of that Act”,

(d)in sub-paragraph (1)(e)(ii) for “Chapter II of Part IV of the Finance Act 1996” substitute “Part 5 of CTA 2009”, and

(e)omit sub-paragraph (1)(f).