Part 7U.K.Derivative contracts

Modifications etc. (not altering text)

C2Pt. 7 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)

C3Pt. 7 modified by 2007 c. 3, s. 809FZZ(8) (as inserted (with effect in accordance with s. 37(4) of the amending Act) by Finance Act 2016 (c. 24), s. 37(2))

Chapter 7U.K.Chargeable gains arising in relation to derivative contracts

Issuers of securities with embedded derivatives: deemed optionsU.K.

652Introduction to sections 653 to 655U.K.

(1)Sections 653 to 655 apply to a derivative contract of a company for an accounting period if each of conditions A to E is met.

(2)Condition A is that the derivative contract is a relevant contract to which the company is treated as a party under section 585(2) (loan relationships with embedded derivatives) because of a debtor relationship of the company.

(3)Condition B is that the derivative contract is treated as an option by section 585(3) (contract treated as option, future or contract for differences).

(4)Condition C is that the underlying subject matter of the derivative contract is shares.

(5)Condition D is that at the time when the company became a party to the debtor relationship—

(a)it was not carrying on a banking business or a business as a securities house, or

(b)if it was carrying on such a business, it did not become a party to the debtor relationship in the ordinary course of that business.

(6)Condition E is that the company is not an excluded body.

(7)In this section “option” is to be construed as if section 580(2) and (3) (meaning of “option”) were omitted.