SCHEDULES

SCHEDULE 2Transitionals and savings

Part 21Other provisions

Charges to tax under Case VI of Schedule D in subordinate legislation

146

(1)

This paragraph applies if—

(a)

a provision of the Corporation Tax Acts (“the rule”) contains a reference such as is mentioned in F1section 1173(1) of CTA 2010 (that is, a reference to any provision to which F2section 1173 of CTA 2010 applies),

(b)

immediately before 1 April 2009 the reference was to Case VI of Schedule D (or, if the rule rewrites a provision that is repealed by this Act, the corresponding reference in that provision was to Case VI of Schedule D), and

(c)

by virtue of that reference, the rule (or the provision that it rewrites) then applied in relation to amounts charged, under a provision of subordinate legislation, to corporation tax under Case VI of Schedule D.

(2)

As long as the provision of subordinate legislation continues to be expressed by reference to Case VI of Schedule D, the Corporation Tax Acts have effect as if it were listed in the table in F3section 1173(2) of CTA 2010 .

(3)

In this paragraph “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

147

(1)

This paragraph applies if immediately before 1 April 2009 a provision of subordinate legislation (within the meaning of the Interpretation Act 1978) treated amounts as losses incurred in a transaction in respect of which a person is within the charge to corporation tax under Case VI of Schedule D.

(2)

As long as the provision continues to be expressed by reference to Case VI of Schedule D, it has effect as if it treated the amounts as losses incurred in a transaction in respect of which the person is within the charge to corporation tax under a provision to which F4section 1173 of CTA 2010 applies.