C1C2Part 7Tax treatment of financing costs and income

Annotations:
Modifications etc. (not altering text)
C1

Pt. 7 excluded by 2010 c. 4, s. 938N (as inserted (19.7.2011) by Finance Act 2011 (c. 11), Sch. 5 para. 2)

C2

Pt. 7 excluded by 2010 c. 4, s. 938V(d) (as inserted (with effect in accordance with Sch. 20 para. 6 of the amending Act) by Finance Act 2013 (c. 29), Sch. 20 para. 3)

CHAPTER 7“Financing expense amount” and “financing income amount”

314The financing income amounts of a company

1

References in this Part (except in Chapter 5 and section 311) to a “financing income amount” of a company for a period of account of the worldwide group are to any amount that meets condition A, BF2, C or DF5or that is determined in accordance with section 314A .

2

Condition A is that the amount is a credit that—

a

would, apart from this Part, be brought into account in a relevant accounting period of the company,

b

would be so brought into account in respect of a loan relationship—

i

under Part 3 of CTA 2009 as a result of section 297 of that Act (loan relationships for purposes of trade), or

ii

under Part 5 of that Act (other loan relationships), and

c

is not an excluded credit.

3

A credit is “excluded” if it is in respect of—

a

the reversal of an impairment loss,

b

an exchange gain, or

c

a profit from a related transaction.

4

Condition B is that the amount is an amount that would, apart from this Part, be brought into account for the purposes of corporation tax in a relevant accounting period of the company in respect of the financing income implicit in amounts received under finance leases.

5

Condition C is that the amount is an amount that would, apart from this Part, be brought into account for the purposes of corporation tax in a relevant accounting period of the company in respect of the financing income receivable on debt factoring, or any similar transaction.

F15A

Condition D is that the amount is an amount that would, apart from this Part, be brought into account for the purposes of corporation tax in a relevant accounting period of the company in respect of income that—

a

is receivable from another company, and

b

is in consideration of the provision of a guarantee of any borrowing of that other company.

6

If—

a

a credit or other amount would, apart from this Part, be brought into account in an accounting period, and

b

a proportion of that period does not fall within the period of account of the worldwide group,

the credit or other amount is to be reduced, for the purposes of this section, by F3such proportion as is just and reasonable.

F46A

An amount may be reduced to nil under subsection (6).

7

This section is subject to sections 316 to 327.