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Part 14U.K.Change in company ownership

Modifications etc. (not altering text)

C1Pt. 14 applied (1.4.2022 in relation to accounting periods beginning on or after that date) by Finance Act 2022 (c. 3), s. 51(1), Sch. 7 para. 20

C2Pt. 14 applied (with modifications) (14.7.2022) by Energy (Oil and Gas) Profits Levy Act 2022 (c. 40), Sch. 1 para. 18 (with ss. 15(1), 16(1), 17)

[F1CHAPTER 5AU.K.Shell companies: restrictions on relief

Textual Amendments

F1Pt. 14 Ch. 5A inserted (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2013 (c. 29), Sch. 13 para. 1(3)

Apportionment of amountsU.K.

705FApportionment of amountsU.K.

(1)This section applies for the purposes of this Chapter.

(2)Any amount for the actual accounting period in column 1 of the following table is to be apportioned to the two notional accounting periods in accordance with the corresponding method of apportionment in column 2 of the table.

Row1. Amount to be apportioned2. Method of apportionment
1The amount for the actual accounting period of any adjusted non-trading profits from the company's loan relationships (see section 705G(2))).Apportion the amount in column 1 on a time basis according to the respective lengths of the two notional accounting periods.
2The amount for the actual accounting period of any adjusted non-trading deficit from the company's loan relationships (see section 705G(3)).Apportion the amount in column 1 on a time basis according to the respective lengths of the two notional accounting periods.
3The amount of any non-trading debit that falls to be brought into account for the actual accounting period for the purposes of Part 5 of CTA 2009 (loan relationships) in respect of any debtor relationship of the company.

(1)If condition A in section 705G(4) is met, apportion the amount in column 1 by reference to the time of accrual of the amount to which the debit relates.

(2)If condition B in section 705G(5) is met, apportion the amount in column 1 to the first notional accounting period.

4The amount of any non-trading deficit carried forward to the actual accounting period under section 457(1)[F2, 463G or 463H] of CTA 2009 (F3... carry forward to accounting periods after deficit period).Apportion the whole of the amount in column 1 to the first notional accounting period.
5The amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for the actual accounting period under section 751 of CTA 2009 (non-trading gains and losses) F4....Apportion to each notional accounting period the credits or debits that would fall to be brought into account in that period if it were a period of account for which accounts were drawn up in accordance with generally accepted accounting practice.
6The amount of any non-trading loss on intangible fixed assets carried forward to the actual accounting period under section 753(3) of CTA 2009 F5....Apportion the whole of the amount in column 1 to the first notional accounting period.
7Any other amounts by reference to which the profits or losses of the actual accounting period would (but for this Chapter) be calculated.Apportion the amount in column 1 on a time basis according to the respective lengths of the two notional accounting periods.

(3)If any method of apportionment in column 2 of the table in subsection (2) would work unjustly or unreasonably in any case, such other method is to be used as is just and reasonable.

(4)For the meaning of certain expressions used in this section, see section 705G.]

Textual Amendments

F2Words in s. 705F(2) inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 171(a)

F3Words in s. 705F(2) omitted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 171(b)

F4Words in s. 705F(2) omitted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 171(c)

F5Words in s. 705F(2) omitted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 171(d)