This Statutory Instrument has been printed in substitution of the SI of the same number which did not reflect the original version as signed by the Lords Commissioners and is being issued free of charge to all known recipients of that Statutory Instrument.
2016 No. 1234
The Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2016
Made
Coming into force
Laid before the House of Commons
The Treasury make the following Regulations in exercise of the powers conferred by sections 319 and 598 of the Corporation Tax Act 20091.
Citation, commencement and effect1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2016 and come into force on 6th January 2016
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2016.
Amendments to the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004
2
The Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 20042 are amended as follows.
3
In regulation 3C (prescribed debits and credits not brought into account)—
a
in paragraph (2)—
i
at the end of sub-paragraph (f), omit “and”,
ii
after sub-paragraph (g), insert—
h
debits and credits relating to the matters mentioned in section 306A(1) of CTA 20093 in respect of a loan relationship of a company which—
i
have in accordance with generally accepted accounting practice been recognised in the company’s accounts in an accounting period beginning before 1 January 2016 as an item of other comprehensive income, and
ii
have not subsequently been transferred to become items of profit or loss in an accounting period beginning before 1st January 2016, and
i
debits and credits relating to the matters mentioned in section 594A(1) of CTA 20094 in respect of a derivative contract of a company which—
i
have in accordance with generally accepted accounting practice been recognised in the company’s accounts in an accounting period beginning before 1st January 2016 as an item of other comprehensive income, and
ii
have not subsequently been transferred to become items of profit or loss in an accounting period beginning before 1st January 2016.
b
after paragraph (3C), insert—
3D
For the purposes of sub-paragraphs (h) and (i) of paragraph (2)—
a
in determining what debits and credits fall within those sub-paragraphs, it is to be assumed that the accounting policy applied in drawing up the company’s accounts for the last accounting period of the company beginning before 1 January 2016 (“the pre-commencement period”) was also applied in previous accounting periods,
b
but if the company’s accounts for the pre-commencement period are in accordance with generally accepted accounting practice drawn up on an assumption as to the accounting policy in previous accounting periods which differs from that mentioned in sub-paragraph (a), that different assumption applies in determining what debits and credits fall within those sub-paragraphs.
(This note is not part of the Regulations)