SCHEDULES
SCHEDULE 25 Controlled Foreign Companies
Connected amendments
6
1
Schedule 24 to the Taxes Act 1988 (assumptions for calculating chargeable profits etc.) shall be amended as mentioned in sub-paragraphs (2) to (5) below; and—
a
the amendment made by sub-paragraph (2) below shall be deemed always to have had effect, and
b
paragraph 1(4) of Schedule 16 to the M1Finance Act 1984 shall be deemed always to have had effect subject to the same amendment.
2
In paragraph 1 (general assumptions for calculating chargeable profits etc.) in sub-paragraph (4)
(assumption for certain purposes that a direction has been given) before the words “it shall be assumed” there shall be inserted “
in determining the chargeable profits of the company for the accounting period mentioned in paragraph (a) above
”
.
3
Paragraph 4A (computation of basic profits or losses of a trade) shall be deemed never to have been inserted.
4
The following paragraph shall be inserted after paragraph 11—
11A
1
This paragraph applies where by virtue of section 747A the company’s chargeable profits for an accounting period (the period in question) are to be computed and expressed in a currency (the relevant foreign currency) other than sterling.
2
For the purposes of making in relation to the period in question any calculation which—
a
falls to be made under the enactments relating to capital allowances, and
b
takes account of amounts arrived at under those enactments in relation to accounting periods falling before the company’s commencement day (within the meaning given by section 747A(9)),
it shall be assumed that any such amount is the equivalent, expressed in the relevant foreign currency, of the amount expressed in sterling.
3
For the purposes of the application in relation to the period in question of paragraph 11(1)(c) above, it shall be assumed that the company’s chargeable profits for the period are the sterling equivalent of its chargeable profits found in the relevant foreign currency.
4
For the purposes of the application of section 34, 35 or 96 of the 1990 Act (motor cars and dwelling-houses) in relation to expenditure incurred in the period in question, it shall be assumed that any sterling sum mentioned in any of those sections is the equivalent, expressed in the relevant foreign currency, of the amount expressed in sterling.
5
The translation required by sub-paragraph (2) above shall be made by reference to the London closing exchange rate for the two currencies concerned for the first day of the period in question.
6
The translation required by sub-paragraph (3) above shall be made by reference to the London closing exchange rate for the two currencies concerned for the last day of the period in question.
7
The translation required by sub-paragraph (4) above shall be made by reference to the London closing exchange rate for the two currencies concerned for the day on which the expenditure concerned was incurred.
5
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