C3C1C2Part 7Derivative contracts
Pt. 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)
Pt. 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 8Further provision about chargeable gains and derivative contracts
Issuers of securities with embedded derivatives: equity instruments
665Introduction to section 666
1
Section 666 (allowable loss treated as accruing) applies to a company for an accounting period if each of conditions A to F is met.
2
Condition A is that the company is treated as a party to a relevant contract under section 585(2) (loan relationships with embedded derivatives) because of a debtor relationship of the company.
3
Condition B is that the division mentioned in section 585(1) (loan relationships with embedded derivatives) in the case of the debtor relationship is between—
a
rights and liabilities under a loan relationship, and
b
rights and liabilities under an equity instrument of the company.
4
Condition C is that the relevant contract is treated as an option by section 585(3) (contract treated as option, future or contract for differences).
5
Condition D is that the company pays an amount in the accounting period to the person who is a party to the debtor relationship as creditor in discharge of any obligations under that relationship.
6
Condition E 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 that relationship in the ordinary course of that business.
7
Condition F is that the company is not an excluded body.
8
In this section “option” is to be construed as if section 580(2) and (3) (meaning of “option”) were omitted.
Pt. 7 modified (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 601, 1184(1) (with Sch. 2)