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Finance Act 2002

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This is the original version (as it was originally enacted).

Authorised accounting methods

17(1)Subject to the following provisions of this Schedule, the alternative accounting methods that are authorised for the purposes of this Schedule are—

(a)an accruals basis of accounting; and

(b)a mark to market basis of accounting under which any derivative contract to which that basis is applied is brought into account in each accounting period at a fair value.

(2)An accounting method applied in any case shall be treated as authorised for the purposes of this Schedule only if—

(a)subject to paragraphs (b) to (d), it is in conformity with generally accepted accounting practice to use that method in that case;

(b)it contains proper provision for allocating payments under a derivative contract, or arising as a result of a related transaction, to accounting periods;

(c)it contains proper provision for determining exchange gains and losses from a derivative contract for accounting periods; and

(d)where it is an accruals basis of accounting, it does not contain any provision (other than provision in respect of exchange losses or provision comprised in authorised arrangements for bad debt) that gives debits by reference to the valuation at different times of any derivative contract.

(3)In the case of an accruals basis of accounting, proper provision for allocating payments under a derivative contract to accounting periods is provision which—

(a)allocates payments to the period to which they relate, without regard to the periods in which they are made or received or in which they become due and payable;

(b)includes provision which, where payments relate to two or more periods, apportions them on a just and reasonable basis between the different periods;

(c)assumes, subject to authorised arrangements for bad debt, that every amount payable to the company under the derivative contract will be paid in full as it becomes due;

(d)secures the making of the adjustments required in the case of the derivative contract by authorised arrangements for bad debt; and

(e)provides, subject to authorised arrangements for bad debt, that, where there is a release of any liability owed by the company under the derivative contract, the appropriate amount in respect of the release is credited to the company in the accounting period in which the release takes place.

(4)In the case of a mark to market basis of accounting, proper provision for allocating payments under a derivative contract to accounting periods is provision which allocates payments to the periods in which they become due and payable.

(5)In this paragraph the references to authorised arrangements for bad debt are references to accounting arrangements under which debits and credits are brought into account in conformity with the provisions of paragraph 22.

(6)In this paragraph “fair value”, in relation to a derivative contract of a company, means the amount which, at the time as at which the value falls to be determined, is the amount that the company would obtain from or, as the case may be, would have to pay to an independent person for—

(a)the transfer of all the company’s rights under the contract in respect of amounts which at that time are not yet due and payable; and

(b)the release of all the company’s liabilities under the contract in respect of amounts which at that time are not yet due and payable.

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