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Corporation Tax Act 2009

Section 1229: Claw back of relief

3113.This section applies the corporation tax charge to credits in accounts that reverse management expenses. It is based on section 75B of ICTA.

3114.Subsection (5) provides for any necessary apportionment of the company’s accounts to accounting periods.

3115.Subsection (6) sets out the basis of apportionment. It retains the words “it appears that” because they may make the test easier to meet than an apparently objective test (“if the method would work unreasonably …”). But the second “appears” in section 75B(6) of ICTA (“such other method … as appears just and reasonable”) is dropped as it adds nothing. So the wording here is consistent with other “just and reasonable” apportionments in the Act. The same point arises in connection with section 1225(3).

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