Finance Act 2019

Opt-out under paragraph 85(2): further provision about the application of this Schedule

88 (1) This paragraph applies if—

(a) the first purchaser and the second purchaser make an election under paragraph 85(2) (disapplication of paragraphs 86 and 87), and

(b) in relation to the subsequent TTH election, the total TTH amount exceeds the total amount of the first purchaser’s eligible ring fence profits for—

(i) the accounting period which is, at the licence transfer date in relation to the subsequent TTH election, the first purchaser’s most recent qualifying accounting period in respect of which the amendment period has ended, and

(ii) each earlier accounting period which is, in relation to the first TTH election, a post-acquisition accounting period of the first purchaser.

(2) In the application of this Schedule for the purposes of the subsequent TTH election—

(a) in sub-paragraph (2) of paragraph 30 (TTH activation event), the reference to an allowance or allocation made to the purchaser includes a reference to the relevant proportion (within the meaning of paragraph 83(5)) of an allowance or allocation made to the first purchaser;

(b) in paragraph 30(2)(b) and (3)(b), and in paragraph 31 (decommissioning expenditure amount), references to a post-acquisition accounting period of the purchaser include references to the accounting periods of the first purchaser mentioned in sub-paragraph (1)(b)(i) and (ii);

(c) in paragraph 30(3) as it applies in relation to the accounting periods of the first purchaser mentioned in sub-paragraph (1)(b)(i) and (ii), the reference to amounts attributable to the TTH asset is to be treated as a reference to the relevant proportion (within the meaning of paragraph 83(5)) of those amounts;

(d) in paragraph 30(5) as it applies for the purposes of determining the total decommissioning expenditure amount in relation to an accounting period of the first purchaser mentioned in sub-paragraph (1)(b)(i) or (ii), the reference to the purchaser is to be treated as a reference to the first purchaser;

(e) in paragraph 83 and in sub-paragraph (1)(b) of this paragraph, references to an amount of the first purchaser’s eligible ring fence profits do not include references to an original TTH amount.