Part 7U.K.Derivative contracts

Modifications etc. (not altering text)

C2Pt. 7 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)

C3Pt. 7 modified by 2007 c. 3, s. 809FZZ(8) (as inserted (with effect in accordance with s. 37(4) of the amending Act) by Finance Act 2016 (c. 24), s. 37(2))

Chapter 10U.K.European cross-border mergers

Transfers of derivative contracts at notional carrying valueU.K.

684Transfer of derivative contract at notional carrying valueU.K.

(1)This section applies if in the course of the merger a transferor transfers the rights and liabilities under a derivative contract to the transferee.

(2)For the purpose of determining the credits and debits to be brought into account in respect of the derivative contract in accordance with this Part, the transferor and the transferee are treated as having entered into the transfer of those rights and liabilities for consideration of an amount equal to the notional carrying value of the contract.

(3)For the purposes of this section, the notional carrying value of a contract is the amount which would have been [F1its tax-adjusted carrying value based on] the accounts of the transferor if a period of account had ended immediately before the date when the transferor ceased to be a party to the contract.

(4)This section is subject to section 685 (transferor using fair value accounting).

Textual Amendments

F1Words in s. 684(3) 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. 88