Corporation Tax Act 2010

730 Meaning of “relevant non-trading debit” U.K.

(1) This section applies for the purposes of sections 679 [F1 , 696 and 705C] .

(2) “Relevant non-trading debit” means a non-trading debit within subsection (3), (4) or (5).

(3) A non-trading debit is within this subsection if—

(a) it is determined on an amortised cost basis of accounting,

(b) section 407 or 409 of CTA 2009 (postponement until redemption of debits for connected or close companies' deeply discounted securities) applies, and

(c) were it not for those sections, the debit would have fallen to be brought into account for the purposes of Part 5 of that Act (loan relationships) for an accounting period ending before or with the change in ownership mentioned in section 679 [F2 , 696 or 705C] .

(4) A non-trading debit is within this subsection if—

(a) it is determined on an amortised cost basis of accounting,

(b) section 373 of CTA 2009 (late interest treated as not accruing until paid in some cases) applies, and

(c) were it not for that section, the debit would have fallen to be brought into account for the purposes of Part 5 of that Act for an accounting period ending before or with the change in ownership mentioned in section 679 [F3 , 696 or 705C] .

(5) A non-trading debit is within this subsection if—

(a) it is not within subsection (3) or (4),

(b) it is a debit in respect of a debtor relationship of the company mentioned in section 679 [F4 , 696 or 705C] ,

(c) it is determined on an amortised cost basis of accounting, and

(d) it relates to an amount that accrued before the change in ownership so mentioned.

(6) Expressions used both in this section and in Part 5 of CTA 2009 (loan relationships) have the same meaning as in that Part.

Textual Amendments

F1 Words in s. 730(1) substituted (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2013 (c. 29), Sch. 13 para. 1(6)(a)

F2 Words in s. 730(3)(c) substituted (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2013 (c. 29), Sch. 13 para. 1(6)(b)

F3 Words in s. 730(4)(c) substituted (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2013 (c. 29), Sch. 13 para. 1(6)(b)

F4 Words in s. 730(5)(b) substituted (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2013 (c. 29), Sch. 13 para. 1(6)(b)