F1PART 8BTrading profits taxable at the Northern Ireland rate

Annotations:
Amendments (Textual)
F1

Pt. 8B inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), s. 1

CHAPTER 8Intangible fixed assets

Northern Ireland intangibles credits and Northern Ireland intangibles debits

357OBNorthern Ireland intangibles credits and debits: SMEs

1

This section applies to a company that—

a

is a Northern Ireland company in an accounting period by virtue of the SME condition in section 357KA, and

b

carries on a trade which is a qualifying trade by virtue of section 357KB(1) (trade other than excluded trade).

2

If the company does not carry on an excluded activity—

a

the Northern Ireland intangibles credits for the accounting period are—

i

the credits treated by section 747(2) of CTA 2009 as receipts of the qualifying trade for the period, except credits in respect of pre-commencement assets and realisation credits, and

ii

the Northern Ireland element of each realisation credit for the period, and

b

the Northern Ireland intangibles debits for the accounting period are—

i

the debits treated by section 747(3) of CTA 2009 as expenses of the qualifying trade for the period, except debits in respect of pre-commencement assets and realisation debits, and

ii

the Northern Ireland element of each realisation debit for the period.

3

If the company carries on an excluded activity, the Northern Ireland intangibles credits for the accounting period are—

a

the credits treated by section 747(2) of CTA 2009 as receipts of the qualifying trade for the period, to the extent that—

i

they are neither credits in respect of pre-commencement assets nor realisation credits, and

ii

they are not attributable to assets held for the purposes of the excluded activity, and

b

the Northern Ireland element of each realisation credit for the period.

4

If the company carries on an excluded activity, the Northern Ireland intangibles debits for the accounting period are—

a

the debits treated by section 747(3) of CTA 2009 as expenses of the qualifying trade for the period, to the extent that—

i

they are neither debits in respect of pre-commencement assets nor realisation debits, and

ii

they are not attributable to assets held for the purposes of the excluded activity, and

b

the Northern Ireland element of each realisation debit for the period.

5

For the meaning of “pre-commencement asset”, see section 357OH.

6

For the meaning of a “realisation credit” and “realisation debit” and of the “Northern Ireland element” of either, see sections 357OD and 357OE.