[F1259IBCounteraction where the investor is within the charge to corporation taxU.K.
(1)This section applies in relation to the investor in the hybrid entity where the investor is within the charge to corporation tax for the investor deduction period.
(2)For corporation tax purposes, the hybrid entity double deduction amount may not be deducted from the investor's income for the investor deduction period unless it is deducted from dual inclusion income of the investor for that period.
(3)So much of the hybrid entity double deduction amount (if any) as, by virtue of subsection (2), cannot be deducted from the investor's income for the investor deduction period—
(a)is carried forward to subsequent accounting periods of the investor, and
(b)for corporation tax purposes, may be deducted from dual inclusion income of the investor for any such period (and not from any other income), so far as it cannot be deducted under this paragraph for an earlier period.
(4)If the Commissioners are satisfied that the investor will have no dual inclusion income—
(a)for an accounting period after the investor deduction period (“the relevant period”), nor
(b)for any accounting period after the relevant period,
any of the hybrid entity double deduction amount that has not been deducted from dual inclusion income for an accounting period before the relevant period in accordance with subsection (2) or (3) (“the stranded deduction”) may be deducted at step 2 in section 4(2) of CTA 2010 in calculating the investor's taxable total profits of the relevant period.
(5)So much of the stranded deduction (if any) as cannot be deducted, in accordance with subsection (4), at step 2 in section 4(2) of CTA 2010 in calculating the investor's taxable total profits of the relevant period—
(a)is carried forward to subsequent accounting periods of the investor, and
(b)may be so deducted for any such period, so far as it cannot be deducted under this paragraph for an earlier period.
(6)Subsection (7) applies if it is reasonable to suppose that all or part of the hybrid entity double deduction amount is (in substance) deducted (“the illegitimate overseas deduction”), under the law of a territory outside the United Kingdom, from income of any person, for a taxable period, that is not dual inclusion income of the investor for an accounting period.
(7)For the purposes of determining how much of the hybrid entity double deduction amount may be deducted (if any) for the accounting period of the investor in which the taxable period mentioned in subsection (6) ends, and any subsequent accounting periods of the investor, an amount of it equal to the illegitimate overseas deduction is to be taken to have already been deducted for a previous accounting period of the investor.
(8)In this section “dual inclusion income” of the investor for an accounting period means an amount that is both—
(a)ordinary income of the investor for that period for corporation tax purposes, and
(b)ordinary income of the hybrid entity for a permitted taxable period for the purposes of any tax under the law of a territory outside the United Kingdom.
(9)A taxable period of the hybrid entity is “permitted” for the purposes of paragraph (b) of subsection (8) if—
(a)the period begins before the end of 12 months after the end of the accounting period of the investor mentioned in paragraph (a) of that subsection, or
(b)where the period begins after that—
(i)a claim has been made for the period to be a permitted period in relation to the amount of ordinary income, and
(ii)it is just and reasonable for the amount of ordinary income to arise for that taxable period rather than an earlier period.]
Textual Amendments
F1Pt. 6A inserted (with effect in accordance with Sch. 10 paras. 18-21 of the amending Act) by Finance Act 2016 (c. 24), Sch. 10 para. 1