Part 3

Property income
Chapter 5

Profits of property businesses: other rules about receipts and deductions

Deductions for expenditure on sea walls

Transfer involving company within the charge to corporation tax
318
1
This section explains how section 316 works if—
a
the transferor is a person within the charge to income tax and the transferee is a company within the charge to corporation tax, or
b
the transferor is a company within the charge to corporation tax and the transferee is a person within the charge to income tax.
2
Section 316 applies only for the purpose of determining—
a
whether the person within the charge to income tax is entitled to a deduction (or part of a deduction) under section 315, and
b
the amount of any such deduction.
3
Accordingly, any reference to—
a
whether a person is entitled to a deduction (or part of a deduction) under section 315, or
b
the amount of any such deduction,
is ignored if the person is a company within the charge to corporation tax.
4
For any entitlement of a company within the charge to corporation tax to a deduction for any of the expenditure, see sections 255 to 257 of CTA 2009 (corresponding corporation tax provision).
Words in s. 318(4) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 628 (with Sch. 2 Pts. 1, 2)