BIM46565 | Specific deductions: provisions: allowability for tax: provisions affected by specific statutory timing rules
From HM Revenue & Customs · Business Income Manual
Consider whether a provision includes elements that are affected by specific tax rules. For example () and () provide that in computing taxable profits no deduction may be made for the remuneration of employees unless that remuneration is paid (as defined for PAYE purposes) during the accounting period or within nine months of the end of the accounting period. This means that if a provision includes an element in respect of employee's remuneration, that element must be disallowed to the extent that the remuneration is not 'paid' within nine months of the end of the accounting period.
Interest - companies
The treatment will be determined by statute in every case. If charged to current assets interest is relieved as charged against profits in the accounts, normally when the contract, etc., is complete, or as profit is recognised before completion. If however the interest is capitalised as part of a fixed capital asset or other capital project, permits it to be deducted in the tax computation at the time it is charged to the fixed asset account. See .
Other specific provisions
There are a number of other specific provisions that determine when an expense should be deducted and which therefore override the general rule in .
| Examples of expenditure subject to a statutory timing rule | Guidance | Effect |
|---|---|---|
| and | - | Allows a deduction for remuneration only at the date it is ‘paid’ for PAYE purposes, except to the extent it is ‘paid’ within 9 months of the balance sheet date. |
| S76ITTOIA 2005 | onwards | Allows redundancy payments only at the date of payment; only applies to payments not allowable on general principles; following the Cosmotron decision (CIR v Manufacturing Co Ltd. [1997] 70TC292) many more payments are allowable on general principles. |
| , | onwards | Allows a deduction for contributions to an employee benefit trust etc. only at the date benefits are provided to employees, except to the extent they are provided within 9 months of the balance sheet date. |
| onwards | Employer contributions to registered pension schemes. | |
| and | onwards | Lease premiums |
| - | onwards | Film production expenditure. A new regime was introduced by the applying to films commencing principal photography on or after 1 January 2007. This regime applies to companies only and is covered in the Film Production Company Manual. |