Corporation Tax Act 2009

Deductions and receipts: general

985 References to a deduction being allowed to a company

(1) References in this Chapter to a deduction being allowed to a company are to be read in accordance with this section (and references to a deduction being made are to be read in that light).

(2) If a deduction is allowed to a company, the deduction is made in calculating for corporation tax purposes the profits of a trade or property business carried on by the company.

This is subject to subsections (3) and (4).

(3) If the company is a company with investment business (as defined in section 1218), the amount of the deduction is treated as expenses of management of the company.

But this subsection does not apply if the company’s business is a property business (in which case subsection (2) applies instead).

(4) If the company is a company in relation to which section 76 of ICTA (expenses of insurance companies) applies, the amount of the deduction is treated as expenses payable falling to be brought into account at Step 1 in subsection (7) of that section.

(5) So far as this Chapter provides for a deduction to be allowed, it has effect despite section 53 (no deduction for items of a capital nature in calculating trading profits), including that section as applied by section 210 to the calculation of profits of a property business.

986 Treatment of receipts under Chapter

(1) This section applies if a company is treated under this Chapter as receiving an amount.

(2) If the company is carrying on a trade or property business in respect of which it is within the charge to corporation tax, the amount is treated as a receipt of that trade or business.

(3) If the company has permanently ceased to carry on a trade or property business in respect of which it was within the charge to corporation tax, the amount is treated as a post-cessation receipt of that trade or business (see Chapter 15 of Part 3).

(4) Otherwise, the amount is treated as a receipt chargeable under the charge to corporation tax on income.