Finance Act 1994

159 Trading profits and losses

(1) Subsections (2) and (3) below apply where—

(a) as regards a qualifying contract a profit or loss accrues to a qualifying company for an accounting period, and

(b) the qualifying contract was at any time in the period held by the company for the purposes of a trade or part of a trade carried on by it.

(2) If throughout the accounting period the qualifying contract was held by the company solely for the purposes of the trade or part, the whole of the profit or loss shall be treated for the purposes of the Tax Acts as a profit or loss of the trade or part for the period.

(3) In any other case the profit or loss shall be apportioned on a just and reasonable basis and so much as is attributable to the trade or part shall be treated for the purposes of the Tax Acts as a profit or loss of the trade or part for the period.

(4) The preceding provisions of this section apply notwithstanding anything in section 74 of the Taxes Act 1988 (general rules as to deductions not allowable).