Corporation Tax Act 2010

Adjustment to balancing charges if relief is restricted

687 Adjustment to balancing charges if relief is restricted

(1) This section applies if condition A or B is met.

(2) Condition A is that the debits to be brought into account for the purposes of Part 5 of CTA 2009 (loan relationships) in the case of the company in respect of its loan relationships are restricted because of section 679.

(3) Condition B is that deductions from the company’s total profits are restricted because of section 680 or 682.

(4) In applying the provisions of CAA 2001 about balancing charges to the company by reference to any event after the change in ownership, there is to be disregarded any allowance falling to be made in taxing the company’s trade for any accounting period beginning before the change in ownership.

This subsection applies despite section 577(3) of CAA 2001.

(5) But subsection (4) does not apply if the allowance has been given effect to by means of relief against any profits of that accounting period or any subsequent accounting period beginning before the change in ownership.

(6) For the purposes of subsection (5), it is to be assumed that any loss attributable to any such allowance as is mentioned in subsection (4) is relieved before any loss which is not attributable to such an allowance.