PART 3

Income tax and corporation tax

Transactions in UK land

Pre-trading expenses
80
1
Subsection (2) has effect if—
a
a particular time (“T”) is the time when a company (“C”) is first within the charge to corporation tax by virtue of subsection (2)(a) of section 5 of CTA 2009 (territorial scope of charge),
b
immediately before time T, C was within the charge to corporation tax as a result of carrying on the relevant trade in the United Kingdom through a permanent establishment in the United Kingdom, and
c
expenses which the company has incurred for the purposes of the trade meet the conditions in subsection (3) and (4).
“The relevant trade” means the trade of dealing in or developing UK land mentioned in subsection (2)(a) of section 5 of CTA 2009.
2
Section 61 of CTA 2009 (pre-trading expenses) has effect in relation to those expenses as if the company had started to carry on the relevant trade at time T.
3
The condition in this subsection is that—
a
no deduction would be allowed for the expenses in calculating the profits of the relevant trade for corporation tax purposes (ignoring subsection (2)), but
b
a deduction would be allowed for them (in accordance with sections 41 and section 61 of CTA 2009) if the company had not been within the charge to corporation tax in respect of the relevant trade immediately before time T.
4
The condition in this subsection is that no relief has been obtained for the expenses under the law of any country or territory outside the United Kingdom.