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4th March 2010
Laid before the House of Commons
8th March 2010
Coming into force
29th March 2010
The Treasury make the following Order in exercise of the power conferred by section 1324 of the Corporation Tax Act 2009(1).
1. (1) This Order may be cited as the Corporation Tax Act 2009 (Amendment) Order 2010 and shall come into force on 29th March 2010.
(2) The amendments made by this Order shall be deemed to have come into force on 1st April 2009 and have effect for accounting periods ending on or after that date.
2. In paragraph 34 of Schedule 7AC to the Taxation of Chargeable Gains Act 1992(2) (exemptions for disposals by companies with substantial shareholding) after sub-paragraph (1) insert—
“(2) Sub-paragraph (1) does not apply where the relevant earlier transaction is a disposal and reacquisition deemed to have occurred (in a period of account beginning before 1 January 2005) under section 92(7) of the Finance Act 1996 (convertible securities etc: creditor relationships).”.
3. (1) The Corporation Tax Act 2009 is amended as follows.
(2) In section 400(1)(a) (index-linked gilt-edged securities: adjustments for changes in index) for “a gilt-edged security” substitute “an index-linked gilt-edged security”.
(3) In section 459(1)(a) (claim to set off deficit against profits of deficit period or earlier periods) for “the total profits of the company” substitute “any profits of the company (of whatever description)”.
(4) In section 566(2) (old accounting period derivative contracts: interpretation)—
(a)in the definition of “the deemed surrender” omit—
(i)“immediately before 1 April 2008”, and
(ii)the words after “FA 2008”, and
(b)in the definition of “the first accounting period” for “that date” substitute “1 April 2008”.
(5) In Schedule 2 (transitionals and savings) after paragraph 72 insert—
72A. (1) Section 480 (relevant non-lending relationships involving discounts) applies with the modifications set out in sub-paragraph (2) if—
(a)the money debt mentioned in section 480(1) is some or all of the consideration payable for a disposal of property, and
(b)the disposal is made before 22 March 2006.
(2) The modifications are—
(a)in section 480(1)(e) for “conditions A and B are met” substitute “the property is neither—
(i)an asset representing a loan relationship, nor
(ii)a derivative contract”, and
(b)omit subsections (2) to (4).”.
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2010
(This note is not part of the Order)
This Order exercises power conferred by the Corporation Tax Act 2009 to undo changes. The Acts affected are the Taxation of Chargeable Gains Act 1992 (article 2) and the Corporation Tax Act 2009 itself (article 3).
Authority for the retrospective provision made by this Order is conferred by section 1324(4) of the Corporation Tax Act 2009.
A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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