Part 5U.K.Loan Relationships

Modifications etc. (not altering text)

C1Pt. 5 applied (with effect in accordance with Sch. 24 paras. 13-16 of the amending Act) by Finance Act 2009 (c. 10), Sch. 24 para. 15(2)(3)

C2Pt. 5 applied (with modifications) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 990(5), 1184(1) (with Sch. 2)

C3Pt. 5 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 5; S.I. 2012/628, art. 3(b)

C5Pt. 5 modified (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 88(1)(2)(7) (with s. 147, Sch. 17)

C7Pt. 5 modified (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Taxation of Regulatory Capital Securities Regulations 2013 (S.I. 2013/3209), regs. 1(1), 11(3)-(6)

C8Pt. 5 modified by 2010 c. 4, s. 356NC(1)-(4) (as inserted (1.4.2014) by Finance Act 2014 (c. 26), Sch. 16 paras. 4, 6)

C9Pt. 5 modified by 2010 c. 4, s. 356NB(1)-(4) (as inserted (1.4.2014) by Finance Act 2014 (c. 26), Sch. 16 paras. 4, 6)

C10Pt. 5 modified by 2007 c. 3, s. 809FZZ(9) (as inserted (with effect in accordance with s. 37(4) of the amending Act) by Finance Act 2016 (c. 24), s. 37(2))

C11Pt. 5 modified by 2010 c. 4, s. 676AG(1) (as inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 75)

Chapter 3U.K.The credits and debits to be brought into account: general

Accounting basesU.K.

313Basis of accounting: “amortised cost basis”, “fair value accounting” and “fair value”U.K.

(1)The general rule is that the amounts to be brought into account by a company as credits and debits for any period of account for the purposes of this Part may be determined on any basis of accounting that is in accordance with generally accepted accounting practice F1... .

(2)But subsection (1) is subject to F2... the following provisions (which require a particular accounting basis to be used)—

(a)section 312(5) and (6) (determination of credits and debits where amounts not fully recognised for accounting purposes),

(b)section 349(2) (application of amortised cost basis to connected companies relationships),

(c)section 382(2) (company partners using fair value accounting),

(d)section 399(2) (index-linked gilt-edged securities: application of fair value accounting),

F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)section 482(2) (application of amortised cost basis of accounting to discounts arising from a money debt under a relevant non-lending relationship), [F4and]

(h)section 490(3) (holdings in OEICs, unit trusts and offshore funds: application of fair value accounting) F5... .

F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this Part “amortised cost basis of accounting”, in relation to a company's loan relationship, means a basis of accounting under which an asset or liability representing the loan relationship is [F7measured in the company's balance sheet at its amortised cost using the effective interest method, but with that amortised cost being adjusted as necessary where the loan relationship is the hedged item under a designated fair value hedge].

[F8(4A)In subsection (4) each of the following expressions has the meaning that it has for accounting purposes—

[F9(5)In this Part “fair value accounting” means a basis of accounting under which—

(a)assets and liabilities are measured in the company's balance sheet at their fair value, and

(b)changes in the fair value of assets and liabilities are recognised as items of profit or loss.]

[F10(6)For the meaning of “fair value”, see section 476(1).

(7)In this Part each of the following has the meaning that it has for accounting purposes—

Textual Amendments

F1Words in s. 313(1) omitted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by virtue of Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(2)

F2Words in s. 313(2) omitted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by virtue of Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(3)(a)

F3S. 313(2)(e)(f) omitted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by virtue of Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(3)(b)

F4Word in s. 313(2)(g) inserted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(3)(c)

F5S. 313(2)(i) and word omitted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by virtue of Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(3)(d)

F6S. 313(3) omitted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by virtue of Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(4)

F7Words in s. 313(4) substituted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(5)

F8S. 313(4A) inserted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(6)

F9S. 313(5) substituted (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(7)

F10S. 313(6)(7) substituted for s. 313(6) (with effect in accordance with Sch. 7 Pt. 6 of the amending Act) by Finance (No. 2) Act 2015 (c. 33), Sch. 7 para. 7(8)