C10C2C11C9C5C7C1C6C3C4C8Part 5Loan Relationships
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)
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)
Pt. 5 modified (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 2; S.I. 2011/2576, art. 5
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)
Pt. 5 modified (30.9.2013) by The BRB (Residuary) Limited (Tax Consequences) Order 2013 (S.I. 2013/2242), arts. 1, 7
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)
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)
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)
Pt. 5 modified by 2007 c. 3, s. 809FZZ(9) (as inserted (with effect in accordance with s. 37(4) of the amending Act) by Finance Act 2016 (c. 24), s. 37(2))
Pt. 5 modified by 2010 c. 4, s. 676AG(1) (as inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 75)
Chapter 3The credits and debits to be brought into account: general
Rules differing from generally accepted accounting practice
322Release of debts: cases where credits not required to be brought into account
1
This section applies if—
a
a liability to pay an amount under a company's debtor relationship is released, and
b
the release takes place in an accounting period for which an amortised cost basis of accounting is used in respect of that relationship.
2
3
Condition A is that the release is part of a statutory insolvency arrangement.
4
Condition B is that the release is F1not a release of relevant rights and is—
a
in consideration of shares forming part of the ordinary share capital of the debtor company, or
b
in consideration of any entitlement to such shares.
F54A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Condition C is that—
a
the debtor company meets one of the insolvency conditions (see subsection (6)), and
b
the debtor relationship is not a connected companies relationship (see section 348).
F65A
Condition D is that the liability is released in consequence of F4the making of a mandatory reduction instrument or a third country instrument or the exercise of a stabilisation power under Part 1 of the Banking Act 2009 F10or the exercise of a third-country instrument or a stabilisation power under Schedule 11 to the Financial Services and Markets Act 2023.
F25B
Condition E is that—
a
the release is neither a deemed release, as defined by section 358(3), nor a release of relevant rights, and
b
immediately before the release, it is reasonable to assume that, without the release and any arrangements of which the release forms part, there would be a material risk that at some time within the next 12 months the company would be unable to pay its debts.
6
For the purposes of this section a company meets the insolvency conditions if—
a
it is in insolvent liquidation,
b
it is in insolvent administration,
c
it is in insolvent administrative receivership,
d
an appointment of a provisional liquidator is in force in relation to the company under section 135 of the Insolvency Act 1986 (c. 45) or Article 115 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
e
under the law of a country or territory outside the United Kingdom circumstances corresponding to those mentioned in paragraph (a), (b), (c) or (d) exist.
F96A
In subsections (4) and (5B)(a), “relevant rights” has the same meaning as in section 358.
7
Section F3323(A1) applies for the interpretation of subsection (5B)(b); and the rest of section 323 applies for the interpretation of subsection (6).
8
For further cases where no credit in respect of the release is to be brought into account, see—
a
section 358 (exclusion of credits on release of connected companies debts: general), and
b
section 359 (exclusion of credits on release of connected companies debts during creditor's insolvency).
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)