Search Legislation

Corporation Tax Act 2009

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Income Tax (Trading and Other Income) Act 2005 (c. 5)

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Corporation Tax Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 1 Part 2 Crossheading Income-tax-trading-and-other-income-act-2005-c-5:

  • S 1217N(3) modified by 2010 c. 4 s. 357UI (as inserted) by 2015 c. 21 s. 1

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Income Tax (Trading and Other Income) Act 2005 (c. 5)U.K.

587U.K.The Income Tax (Trading and Other Income) Act 2005 is amended as follows.

588U.K.In section 22(2)(b) (payments for wayleaves) for “would otherwise be brought into account in calculating the profits” substitute “ incurred by the trader in respect of the wayleave would otherwise be brought into account in calculating profits ”.

589(1)Amend section 48 (car or motor cycle hire) as follows.U.K.

(2)In subsection (3) for “the deduction is reduced as a result of subsection (2)” substitute “ a deduction is reduced as a result of subsection (2), or a corresponding provision, ”.

(3)In subsection (4)(a) omit “under section 97 (debts incurred and later released)”.

(4)After subsection (4) insert—

(4A)In this section “corresponding provision” means—

(a)section 56(2) of CTA 2009 (car or motor cycle hire: trade profits and property income),

(b)section 1251(2) of CTA 2009 (car or motor cycle hire: expenses of management), or

(c)section 76ZN(2) of ICTA (car or motor cycle hire: expenses of insurance companies).

590U.K.In section 49(2)(b) (car or motor cycle hire: supplementary) after “the car” insert “ or motor cycle ”.

591U.K.In section 60(6) (tenants under taxed leases: introduction) after “288” insert “ below or section 228 of CTA 2009 ”.

592(1)Amend section 64 (restriction on section 61 expenses: lease premium receipts) as follows.U.K.

(2)For subsection (1) substitute—

(1)This section applies if a lease has been granted out of the taxed lease and—

(a)in calculating the amount of a receipt of a property business under Chapter 4 of Part 3 (profits of property businesses: lease premiums etc) in respect of the lease, there is a reduction under section 288 (the additional calculation rule) by reference to the taxed receipt, or

(b)in calculating the amount of a receipt of a property business under Chapter 4 of Part 4 of CTA 2009 (profits of a property business: lease premiums etc) in respect of the lease, there is a reduction under section 228 of that Act (the additional calculation rule) by reference to the taxed receipt.

In this section and sections 65 and 67 the receipt that is so reduced is referred to as a “lease premium receipt”.

(3)In subsection (6) after “288” insert “ below or section 228 of CTA 2009 ”.

593U.K.In section 65(1)(a) (restrictions on section 61 expenses: lease of part of premises) for “the conditions in section 64(1)(a) and (b) are met” substitute “ section 64 applies ”.

594U.K.In the title of section 66 (corporation tax receipts treated as taxed receipts) after “tax receipts” insert “ under ICTA ”.

595(1)Amend section 67 (restrictions on section 61 expenses: corporation tax receipts) as follows.U.K.

(2)In subsection (3)(a), after “2005” insert “ but before 1st April 2009 ”.

(3)In the title after “receipts” insert “ under ICTA ”.

596(1)Amend section 71 (educational establishments) as follows.U.K.

(2)In subsection (3)—

(a)in paragraph (a) for “education or library board” substitute “ education and library board ”, and

(b)in paragraph (b) for “or a controlled, maintained, grant-maintained integrated, controlled integrated, voluntary or” substitute “ , a grant-aided school or an ”.

597U.K.Omit section 79(2) (additional payments: change in persons carrying on the trade).

598U.K.After section 79 insert—

79AAdditional payments: change in the persons carrying on the trade

(1)This section deals with the application of section 79 in circumstances where there is a change in the persons carrying on the trade.

(2)The employer is treated for the purposes of section 79 as permanently ceasing to carry on the trade unless a person carrying on the trade immediately before the change continues to carry it on after the change.

599U.K.In section 80(2) (payments made by the Government) for “79” substitute “ 79A ”.

600U.K.In section 88(6)(b) (payments to research associations, universities etc) before “what” insert “ to ”.

601(1)Amend section 155 (levies and repayments under FISMA 2000) as follows.U.K.

(2)In subsection (1) omit the words from “carried” to the end.

(3)For subsection (2) substitute—

(2)A deduction is allowed for any sum—

(a)spent by the person carrying on the trade in paying a levy, or

(b)paid by that person as a result of an award of costs under costs rules,

so far as it is not otherwise allowable.

(4)In subsection (3) after “person” insert “ carrying on the trade ”.

(5)After subsection (3) insert—

(3A)For the purposes of this section “costs rules” means—

(a)rules made under section 230 of FISMA 2000, or

(b)provision relating to costs contained in standard terms fixed under paragraph 18 of Schedule 17 to FISMA 2000.

(6)In subsection (4)(e) for the words from “(other” to the end substitute “ (other than a sum paid as a result of an award of costs under costs rules) ”.

602U.K.In section 158(1)(d) (lease premiums etc: reduction of receipts) for “term” substitute “ terms ”.

603U.K.In section 170(3)(b) (deduction for capital expenditure) for “section 91(1)(b) of ICTA” substitute “ section 147(2)(b) of CTA 2009 ” and for “section 91(1)(a) of ICTA substitute “ section 147(2)(a) of CTA 2009 ”.

604U.K.In section 171(2)(d) (allocation of ancillary capital expenditure) for “section 91(1)(b) of ICTA,” substitute “ section 147(2)(b) of CTA 2009 ”.

605U.K.In section 175(2) (basis of valuation of trading stock)—

(a)in paragraph (a) after “trade” insert “ , profession or vocation ”, and

(b)in paragraph (b) after “trade” insert “ , profession or vocation ”.

606U.K.In section 176(1)(a) (sale basis of valuation: sale to unconnected person) after “trade”, in both places where it occurs, insert “ , profession or vocation ”.

607U.K.In section 177(1)(a) (sale basis of valuation: sale to connected person) after “trade”, in both places where it occurs, insert “ , profession or vocation ”.

608U.K.In section 178(1)(a) (sale basis of valuation: election by connected persons) after “trade”, in both places where it occurs, insert “ , profession or vocation ”.

609(1)Amend section 180 (cost to buyer of stock valued on sale basis of valuation) as follows.U.K.

(2)In subsection (1) after “trade” insert “ , profession or vocation ”.

(3)In subsection (2)(b) for “section 100(1A) to (1C) of ICTA” substitute “ section 164(3) or sections 165 to 167 of CTA 2009 ”.

610U.K.In section 184(1) (basis of valuation of work in progress)—

(a)in paragraph (a) after “a” insert “ trade, ” and

(b)in paragraph (b) after “that” insert “ trade, ”.

611U.K.In section 194(7) (disposal of know-how as part of disposal of all or part of trade)—

(a)in paragraph (a) for “subsection (3) of section 531 of ICTA” substitute “ section 178 of CTA 2009 ”, and

(b)for “that subsection”, in both places where it occurs, substitute “ that section ”.

612U.K.In section 246(2) (basic meaning of “post-cessation receipt”) for the words from “the occurrence” to the end substitute “ a reference to a company ceasing to be within the charge to corporation tax in respect of a trade. ”

613U.K.In section 249(3) (debts released after cessation) for the words from “the occurrence” to the end substitute “ a reference to a company ceasing to be within the charge to corporation tax in respect of a trade. ”

614U.K.In section 276(3) (introduction to Chapter 4 of Part 3) for “term” substitute “ terms ”.

615U.K.In section 279(3) for “or of” substitute “ of or ”.

616U.K.In the title of section 281 (sums payable for variation or waiver of term of lease) for “term” substitute “ terms ”.

617(1)Amend section 287 (circumstances in which additional calculation rule applies) as follows.U.K.

(2)In subsection (1) for “term” substitute “ terms ”.

(3)In subsection (4)—

(a)omit the “or” immediately before paragraph (b),

(b)in paragraph (b) for “additional calculation rule” substitute “ rule in section 288 (the additional calculation rule) ”,

(c)after paragraph (b) insert—

(c)there is a receipt under any of sections 217 to 222 of CTA 2009 (receipts in respect of lease premiums, sums payable instead of rent, for surrender of lease and for variation or waiver of terms of lease and assignments) in respect of the lease, or

(d)there would be such a receipt, but for the operation of the rule in section 228 of that Act (the additional calculation rule) in the calculation of its amount., and

(d)in the second sentence for “such a receipt” substitute “ a receipt falling within paragraph (a), (b), (c) or (d) ”.

618(1)Amend section 288 (the additional calculation rule) as follows.U.K.

(2)In subsection (4)—

(a)for “282,” substitute “ 282 above, or in section 217, 219, 220, 221 or 222 of CTA 2009, ”, and

(b)after “section 290(2) to (4)” insert “ above ”.

(3)In subsection (6)—

(a)omit the “and” immediately before paragraph (d), and

(b)after paragraph (d) insert , and

(e)in the case of a receipt under Chapter 4 of Part 4 of CTA 2009 (profits of property businesses: lease premiums etc), its receipt period within the meaning of that Chapter (see section 228(6) of that Act).

619(1)Amend section 290 (meaning of “unused amount” and “unreduced amount”) as follows.U.K.

(2)In subsection (2) for the words from “formula” to the end substitute formula in—

(a)section 277, 279, 280, 281 or 282 above, or

(b)section 217, 219, 220, 221 or 222 of CTA 2009 (corporation tax provisions corresponding to those listed in paragraph (a)).

(3)For subsection (3) substitute—

(3)Subsection (4) applies—

(a)to a taxed receipt under section 277 (lease premiums) as a result of section 278 (amount treated as lease premium where work required), and

(b)to a taxed receipt under section 217 of CTA 2009 (lease premiums) as a result of section 218 of that Act (amount treated as lease premium where work required).

(4)In subsection (5)—

(a)in paragraph (a) after “288” insert “ above or section 228 of CTA 2009 (the additional calculation rule) ”,

(b)in paragraph (b) after “61” insert “ above or section 63 of CTA 2009 ”, and

(c)in paragraph (c) after “292” insert “ below or section 232 of CTA 2009 ”.

(5)In subsection (6)—

(a)after “288” insert “ above or section 228 of CTA 2009 ”, and

(b)for “that section” substitute “ the section concerned ”.

620(1)Amend section 293 (restrictions on section 292 expenses: the additional calculation rule) as follows.U.K.

(2)For subsection (1) substitute—

(1)This section applies if—

(a)in calculating the amount of a receipt under this Chapter there is a reduction under section 288 (the additional calculation rule) by reference to a taxed receipt, or

(b)in calculating the amount of a receipt under Chapter 4 of Part 4 of CTA 2009 (profits of a property business: lease premiums etc) there is a reduction under section 228 of that Act (the additional calculation rule) by reference to a taxed receipt.

The receipt that is so reduced is referred to in this section as the “lease premium receipt”.

(3)In subsection (6) after “288” insert “ above or section 228 of CTA 2009 ”.

621U.K.For section 294(1)(c) (restriction on section 292 expenses: lease of part of premises) substitute—

(c)the condition in subsection (1A) is met.

(1A)The condition is that—

(a)in calculating the amount of a receipt under any of sections 277 to 281 (receipts in respect of lease premiums or sums payable instead of rent, for surrender of lease or for variation or waiver of terms of lease) in respect of the lease, there is a reduction under section 288 by reference to a taxed receipt, or

(b)in calculating the amount of a receipt under any of sections 217 to 221 of CTA 2009 (receipts in respect of lease premiums or sums payable instead of rent, for surrender of lease or for variation or waiver of terms of lease) in respect of the lease, there is a reduction under section 228 of that Act (the additional calculation rule) by reference to a taxed receipt.

The receipt that is so reduced is referred to in this section as the “lease premium receipt”.

622U.K.For section 295(2)(b) (limit on reductions and deductions) substitute—

(b)the total of the amounts mentioned in subsection (3).

(3)Those amounts are—

(a)the reductions under section 228 of CTA 2009 (the additional calculation rule) by reference to the taxed receipt,

(b)the deductions allowed in calculating the profits of a property business for expenses under section 232 of CTA 2009 (tenant under taxed lease which uses premises for purposes of property business treated as incurring expenses) by reference to the taxed receipt, and

(c)the deductions allowed in calculating the profits of a trade, profession or vocation for expenses under section 61 above or section 63 of CTA 2009 (tenant under taxed lease who uses land in connection with trade treated as incurring expenses) by reference to the taxed receipt.

623U.K.In section 296(1)(a) (corporation tax receipts treated as taxed receipts) after “2005” insert “ but before 1st April 2009 ”.

624U.K.In section 298 (taking account of deductions for rent as a result of section 37(4) or 87(2) of ICTA)—

(a)in subsections (1)(a) and (3)(a) after “2005” insert “ but before 1st April 2009 ”, and

(b)in subsection (2) for “295(2)(b)” substitute “ 295(3)(c) ”.

625U.K.In section 299(1)(b) (payment of tax by instalments) for “term” substitute “ terms ”.

626(1)Amend section 303 (rules for determining effective duration of lease) as follows.U.K.

(2)For Rule 1 substitute— Rule 1: If—

(a)the terms of the lease or any other circumstances make it unlikely that the lease will continue beyond a date before the end of the term for which the lease was granted, and

(b)the premium was not substantially greater than it would have been had the term been one ending on that date,

the lease is treated as ending on that date (or the earliest such date).

(3)After subsection (2) insert—

(2A)In Rule 1 “premium” includes—

(a)an amount treated as a premium under section 278 (amount treated as lease premium where work required),

(b)a sum payable by the tenant under the terms subject to which the lease is granted instead of the whole or a part of the rent for a period,

(c)a sum payable by the tenant under the terms subject to which the lease is granted as consideration for the surrender of the lease, and

(d)a sum payable by the tenant (otherwise than by way of rent) as consideration for the variation or waiver of a term of the lease.

627(1)Amend section 304 (applying the rules in section 303) as follows.U.K.

(2)In subsection (1)(b) for “term” substitute “ terms ”.

(3)In subsection (4) for the words from “securing” to the end substitute securing—

(a)an income tax advantage in the application of this Chapter, or

(b)a corporation tax advantage in the application of Chapter 4 of Part 4 of CTA 2009 (profits of property business: lease premiums etc).

(4)In subsection (5) after “applying” insert “ paragraph (b) of ”.

628U.K.In section 318(4) for “section 30 of ICTA” substitute “ sections 255 to 257 of CTA 2009 ”.

629(1)Amend section 356 (application to Schedule A businesses) as follows.U.K.

(2)In subsection (1) for “a Schedule A business” substitute “ one within the charge to corporation tax ”.

(3)In subsection (2) for the words from “includes” to the end substitute “ includes, in the case of a company, the occurrence of an event treated under section 289 of CTA 2009 (company starting or ceasing to be within the charge to corporation tax) as the company permanently ceasing to carry on the business. ”

(4)In subsection (3) for “Schedule A business” substitute “ UK property business ”.

(5)In the title for “Schedule A businesses” substitute “ businesses within the charge to corporation tax ”.

630U.K.In section 413(4) (person liable) for paragraph (b) substitute—

(b)section 947 of CTA 2009 (under which similar provision is made for the purposes of Chapter 3 of Part 10 of that Act).

631U.K.In section 419(2) (loans and advances to persons who die) for paragraph (b) substitute—

(b)section 947 of CTA 2009” (under which similar provision is made for the purposes of Chapter 3 of Part 10 of that Act).

632U.K.In section 466(3) (person liable: personal representatives) for “section 701(8) of ICTA” and “Part 16 of ICTA” substitute “ section 947 of CTA 2009 ” and “ Chapter 3 of Part 10 of CTA 2009 ” respectively.

633U.K.In section 496(7) (modification of section 494: qualifying endowment policies held as security for company debts) in the definition of “accounting period” for “section 12 of ICTA” substitute “ Chapter 2 of Part 2 of CTA 2009 ”.

634U.K.In section 671 (successive absolute interests)—

(a)at the end of subsection (4) add “ (or, where the previous holder is a company chargeable to corporation tax, having regard to the application of section 954(4) of CTA 2009 to the previous holder) ”, and

(b)at the end of subsection (6) add “ (but, in a case where the last previous holder or any earlier previous holder is a company chargeable to corporation tax, having regard to the application of section 954(6) of CTA 2009 to the previous holder) ”.

635U.K.After section 749 insert—

749AInterest on tax overpaid

No liability to income tax arises in respect of interest paid under section 826 of ICTA (interest on tax overpaid).

636U.K.In section 754(1) (redemption of funding bonds) for “section 582(1) of ICTA” substitute “ section 413 of CTA 2009 ”.

637(1)Amend section 839 (annual payments payable out of relevant foreign income) as follows.U.K.

(2)In subsection (1) for “A to C” substitute “ A, B1 or B2 and C ”.

(3)In subsection (3)—

(a)for “B” substitute “ B1 ”, and

(b)omit “or to corporation tax under Case III of Schedule D”.

(4)After subsection (3) insert—

(3A)Condition B2 is that, had the payment arisen in the United Kingdom it would have been—

(a)required to be brought into account under Part 5 of CTA 2009 (loan relationships) as a non-trading credit, or

(b)chargeable to corporation tax under Chapter 5 of Part 10 of that Act (distributions from unauthorised unit trusts) or Chapter 7 of that Part (annual payments not otherwise charged).

638U.K.In section 847(2) (partnerships: general provisions), in the words before paragraph (a) for the words from “are expressed” to “also apply” substitute “ which are expressed to apply to trades also apply, unless otherwise indicated (whether expressly or by implication) ”.

639U.K.In section 849 (calculation of firm's profits or losses) after subsection (3) insert—

(4)In calculating under subsection (2) or (3) the profits of a trade for any period of account no account is taken of any losses for another period of account.

640U.K.For section 850 (allocation of firm's profits or losses between partners) substitute—

850Allocation of firm's profits or losses between partners

(1)For any period of account a partner's share of a profit or loss of a trade carried on by a firm is determined for income tax purposes in accordance with the firm's profit-sharing arrangements during that period.

This is subject to sections 850A and 850B.

(2)In this section and sections 850A and 850B “profit-sharing arrangements” means the rights of the partners to share in the profits of the trade and the liabilities of the partners to share in the losses of the trade.

850AProfit-making period in which some partners have losses

(1)For any period of account, if—

(a)the calculation under section 849 in relation to a partner (“A”) produces a profit, and

(b)A's share determined under section 850 is a loss,

A's share of the profit of the trade is neither a profit nor a loss.

(2)For any period of account, if—

(a)the calculation under section 849 in relation to A produces a profit,

(b)A's share determined under section 850 is a profit, and

(c)the comparable amount for at least one other partner is a loss,

A's share of the profit of the trade is the amount produced by the formula in subsection (3).

(3)The formula is—

where—

FP is the amount of the firm's profit calculated under section 849 in relation to A,

PP is the amount determined under section 850 to be A's profit, and

TCP is the total of the comparable amounts attributed to other partners under step 3 in subsection (4) that are profits.

(4)The comparable amount for each partner other than A is determined as follows.

Step 1

Take the firm's profit calculated under section 849 in relation to A.

Step 2

Determine in accordance with the firm's profit-sharing arrangements during the relevant period of account the shares of that profit that are attributable to each of the other partners.

Step 3

Each such share is the comparable amount for the partner to whom it is attributed.

(5)In subsections (2) to (4) “partner” means any partner in the firm, whether or not chargeable to income tax.

850BLoss-making period in which some partners have profits

(1)For any period of account, if—

(a)the calculation under section 849 in relation to a partner (“A”) produces a loss, and

(b)A's share determined under section 850 is a profit,

A's share of the loss of the trade is neither a profit nor a loss.

(2)For any period of account, if—

(a)the calculation under section 849 in relation to A produces a loss,

(b)A's share determined under section 850 is a loss, and

(c)the comparable amount for at least one other partner is a profit,

A's share of the loss of the trade is the amount produced by the formula in subsection (3).

(3)The formula is—

where—

FL is the amount of the firm's loss calculated under section 849 in relation to A,

PL is the amount determined under section 850 to be A's loss, and

TCL is the total of the comparable amounts attributed to other partners under step 3 in subsection (4) that are losses.

(4)The comparable amount for each partner other than A is determined as follows.

Step 1

Take the firm's loss calculated under section 849 in relation to A.

Step 2

Determine in accordance with the firm's profit-sharing arrangements during the relevant period of account the shares of that loss that are attributable to each of the other partners.

Step 3

Each such share is the comparable amount for the partner to whom it is attributed.

(5)In subsections (2) to (4) “partner” means any partner in the firm, whether or not chargeable to income tax.

641(1)Amend section 860 (adjustment income) as follows.U.K.

(2)After subsection (1) insert—

(1A)A change in the persons carrying on a property business from one period of account to the next does not prevent Chapter 7 of Part 3 (adjustment income) applying in relation to the property business so long as a person carrying on the property business immediately before the change continues to carry on the property business immediately after the change.

(3)In subsection (3)—

(a)after “trade” insert “ or property business ”, and

(b)after “Chapter 17 of Part 2” insert “ , or Chapter 7 of Part 3, ”.

(4)In subsection (6)—

(a)in paragraph (a), at the end insert “ or Chapter 7 of Part 3 (as the case requires) ”, and

(b)in paragraph (b) after “trade” insert “ or property business (as the case requires) ”.

642U.K.For section 861 (sale of patent rights: effect of partnership changes) substitute—

861Sale of patent rights: effect of partnership changes

(1)This section applies if each of the following conditions is met—

(a)a person (“the trader”) sells the whole or part of any patent rights in carrying on a trade,

(b)tax is chargeable under section 587 of this Act or section 912 of CTA 2009 on the proceeds of the sale or on any instalment of those proceeds,

(c)the tax is chargeable in one or more tax years or accounting periods (referred to in this section as “the tax charge periods”),

(d)there is a change in the persons carrying on the trade at any time between the beginning of the first of those tax charge periods and the end of the last of them, and

(e)the partnership condition and the continuity condition are met.

(2)The partnership condition is that—

(a)the trader is a firm at the time of the sale, or

(b)the trade is carried on in partnership at any time between the beginning of the first of the tax charge periods and the end of the last of them.

(3)The continuity condition is—

(a)in the case of an amount chargeable under section 587, that a person who carried on the trade immediately before the change continues to carry it on after the change, or

(b)in the case of an amount chargeable under section 912 of CTA 2009, that a company which carried on the trade in partnership immediately before the change continues to carry it on in partnership after the change.

(4)Any amounts chargeable in respect of the proceeds or instalment that would (apart from this section) be treated in accordance with Chapter 2 of Part 5 of this Act or Chapter 3 of Part 9 of CTA 2009 as profits of the seller of the patent rights chargeable in tax charge periods falling wholly after the change are treated for income tax purposes—

(a)as proceeds, arising at a constant daily rate during the remainder of the relevant period, of a sale of patent rights by the person or persons carrying on the trade after the change, and

(b)if the trade is carried on in partnership after the change, as arising to the partners in shares calculated in accordance with the firm's profit-sharing arrangements.

(5)If the change occurs during the course of a tax charge period—

(a)any person who would, but for this section, have been charged to income tax in that period on a sum (“S”) in respect of the proceeds or instalment is so charged on a fraction of S proportionate to the length of the part of the period before the change, and

(b)the balance of S not dealt with under paragraph (a) is treated for the purposes of this section and section 1271 of CTA 2009 (sale of patent rights: effect of partnership changes) as if it were an amount such as is described in subsection (4).

(6)In this section “the remainder of the relevant period” means—

(a)if one or more tax charge periods begins after the tax charge period in which the change occurs, the period beginning immediately after the change and ending 6 years after the beginning of the first of the tax charge periods, or

(b)otherwise, the period beginning immediately after the change and ending at the end of the tax charge period in which the change occurs.

(7)In this section “profit-sharing arrangements” means the rights of the partners to share in the profits of the trade.

643(1)Amend section 862 (sale of patent rights: effect of later cessation of trade) as follows.U.K.

(2)For subsections (1) and (2) substitute—

(1)This section applies if—

(a)a person (“the trader”) sells the whole or part of any patent rights in carrying on a trade,

(b)by virtue of section 861 amounts are chargeable to income tax under section 587 as profits of one or more persons for the time being carrying on the trade in partnership,

(c)a partner permanently ceases to carry on the trade after that, and

(d)no person who carried on the trade immediately before the cessation continues to carry on the trade immediately after the cessation.

(2)Any amounts mentioned in subsection (1)(b) which would have been chargeable in any tax year later than that in which the cessation occurred are charged in the tax year in which the cessation occurred.

(3)Omit subsections (3) and (7).

644U.K.Omit section 881 (disapplication of corporation tax: section 9 of ICTA).

645(1)Amend Schedule 1 (consequential amendments) as follows.U.K.

(2)Omit paragraph 312(4)(b) and the “and” immediately before it.

646(1)Amend Schedule 2 (transitionals and savings etc) as follows.U.K.

(2)In paragraph 70(2) for “term” substitute “ terms ”.

(3)In paragraph 71(2) for “term” substitute “ terms ”.

(4)In paragraph 109(5) for “section 12 of ICTA” substitute “ Chapter 2 of Part 2 of CTA 2009 ”.

647(1)Amend Schedule 4 (abbreviations and defined expressions) as follows.U.K.

(2)In Part 1 at the end insert—

CTA 2009The Corporation Tax Act 2009

(3)In Part 2—

(a)in the entry for “accounting period”, in the second column—

(i)for “sections 12 and” substitute “ section ”, and

(ii)at the end insert “ and Chapter 2 of Part 2 of CTA 2009 ”, and

(b)omit the entry for “Schedule A business”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Part

The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Part as a PDF

The Whole Part you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources