Corporation Tax Act 2009

521 Power to extend this Chapter to other arrangements

(1) The Treasury may by order amend the alternative finance provisions.

(2) The amendments which may be made by such an order include—

(a) the variation of provision already included in the alternative finance provisions, and

(b) the introduction into those provisions of new provision relating to alternative finance arrangements.

(3) In this section “alternative finance arrangements” means arrangements which in the Treasury’s opinion—

(a) equate in substance to a loan, deposit or other transaction of a kind that generally involves the payment of interest, but

(b) achieve a similar effect without including provision for the payment of interest.

(4) An order under subsection (1) may, in particular—

(a) make provision of a kind similar to provision already made by the alternative finance provisions,

(b) make other provision about the treatment for the purposes of the Corporation Tax Acts of arrangements to which the order applies,

(c) make provision generally or only in relation to specified cases or circumstances,

(d) make different provision for different cases or circumstances, and

(e) make incidental, supplemental, consequential and transitional provision and savings.

(5) An order making consequential provision under subsection (4)(e) may, in particular, include provision amending a provision of the Tax Acts.

(6) In this section “the alternative finance provisions” means—

(a) this Chapter,

(b) section 209(6A) of ICTA (meaning of distribution),

(c) section 411ZA of ICTA (no relief where deduction of relevant return under alternative finance arrangements disallowed), and

(d) section 151F of TCGA 1992 (treatment of alternative finance arrangements).