Corporation Tax Act 2009 Explanatory Notes

TMA

Section 12AE of TMA

3464.This Act legislates the “Crown Option”. So this section is not needed and is repealed. See Change 55 in Annex 1.

Section 19(2) of TMA

3465.This subsection is obsolete because sections 34 to 36 of ICTA have not charged sums under Schedule D Case VI since 1 April 1998.

Section 31(3) of TMA

3466.This Act legislates the “Crown Option”. So this section is not needed and is repealed. See Change 55 in Annex 1.

Section 42(7) of TMA

3467.A number of trading income rules which require a claim in the source legislation are rewritten without that requirement. As a consequence the references in this section to claims under sections 84, 91B and 101(2) of ICTA and section 43(5) of FA 1989 are removed without replacement. See Changes 28, 38, 39 and 68 in Annex 1.

Section 109A of TMA

3468.The residence rules in section 66 of FA 1988 and section 249 of FA 1994 apply for the purposes of the Taxes Acts as defined in section 118 of TMA. This Act rewrites those rules for the purposes of the Corporation Tax Acts (Chapter 3 of Part 2). Because the Corporation Tax Acts are defined more narrowly (Schedule 1 to the Interpretation Act 1978) than the Taxes Acts, this new section is introduced into TMA to apply to that Act the rules given in Chapter 3 of Part 2.

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