Corporation Tax Act 2009

Controlled foreign companies

870 Assumptions for calculating chargeable profits

(1) In calculating the amount mentioned in section 747(6) of ICTA (chargeable profits of controlled foreign company), the following assumptions must be made when applying this Part.

(2) It is assumed that any intangible fixed asset acquired or created by the company before the beginning of the first relevant accounting period was acquired or created by the company at the beginning of that accounting period at a cost equal to its value recognised for accounting purposes at that time.

(3) The “first relevant accounting period” is the first accounting period—

(a) in respect of which an apportionment under section 747(3) of ICTA falls to be made, or

(b) which is an ADP exempt period.

(4) It is assumed that the company—

(a) has not claimed any relief under Chapter 7 (roll-over relief in case of reinvestment), or

(b) made any provisional declaration of entitlement to such relief,

and accordingly paragraph 4(1) of Schedule 24 to ICTA (assumption that all available reliefs have been claimed) is ignored to that extent.

(5) But if notice is given in accordance with paragraph 4(2) of Schedule 24 to ICTA requesting that subsection (4) should not apply, it does not apply to such claims as are specified in the notice to the extent so specified.

(6) Expressions used in this section that are defined for the purposes of Chapter 4 of Part 17 of ICTA (controlled foreign companies) have the same meaning in this section.

(7) See, in particular, paragraph 1(6) of Schedule 24 to that Act for the meaning of “ADP exempt period”).

(8) The assumption in subsection (2) does not affect the determination of the question whether this Part applies to an asset in accordance with section 882 (application of this Part to assets created or acquired on or after 1 April 2002).