SCHEDULES

SCHEDULE 4Corporate capital losses

PART 1Corporate capital loss restriction

Restriction on deduction from chargeable gains: main provisions

6In section 269ZF, in subsection (3), for steps 3 to 5 substitute—

  • Step 3 - trading profits, non-trading income profits and chargeable gains

    Divide the company’s total profits for the accounting period (as modified under step 1(2)) into—

    (a)

    profits of a trade of the company (the company’s “trading profits”),

    (b)

    profits, other than chargeable gains, that are not profits of a trade of the company (the company’s “non-trading income profits”), and

    (c)

    chargeable gains included in the total profits (the company’s “chargeable gains”).

  • Step 4 - apportionment of the step 2 amount

    (1)

    Allocate the whole of the step 2 amount to one of, or between two or all of, the following—

    (a)

    the company’s trading profits,

    (b)

    the company’s non-trading income profits, and

    (c)

    the company’s chargeable gains.

    (2)

    Reduce, but not below nil, each of the company’s trading profits, non-trading income profits and chargeable gains by the amount (if any) allocated to it under paragraph (1).

  • Step 5 - amount of qualifying trading profits, qualifying non-trading income profits and qualifying chargeable gains

    The amounts resulting from step 3, after any reduction under step 4, are—

    (a)

    in the case of the amount in step 3(a), the company’s qualifying trading profits,

    (b)

    in the case of the amount in step 3(b), the company’s qualifying nontrading income profits, and

    (c)

    in the case of the amount in step 3(c), the company’s qualifying chargeable gains.