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Legislation
Corporation Tax Act 2009

Crossheading How profits and deficits from loan relationships are dealt with

  • Section 295 General rule: profits arising from loan relationships chargeable as income
  • Section 296 Profits and deficits to be calculated using credits and debits given by this Part
  • Section 297 Trading credits and debits to be brought into account under Part 3
  • Section 298 Meaning of trade and purposes of trade
  • Section 299 Charge to tax on non-trading profits
  • Section 300 Method of bringing non-trading deficits into account
  • Section 301 Calculation of non-trading profits and deficits from loan relationships: non-trading credits and debits
  1. How profits and deficits from loan relationships are dealt with
  2. Meaning of trade and purposes of trade

Section 298 | Meaning of trade and purposes of trade

From legislation.gov.uk

(1)For the purposes of this Part a company is taken to be a party to a creditor relationship for the purposes of a trade it carries on only if it is a party to the relationship in the course of activities forming an integral part of the trade.

(2)For the meaning of “creditor relationship”, see section 302(5).

(3)For the purposes of this Part activities carried on by a company in the course of—

(a)any mutual trading, or

(b)any mutual insurance or other mutual business which is not life assurance business, ...

(c)Repealed

are treated as not constituting the whole or any part of a trade.

(4)Subsection (3) applies for the purposes of any other relevant enactment as it applies for the purposes of this Part.

(5)In subsection (4) “relevant enactment” means so much of any enactment as contains provision by reference to which amounts are to be brought into account for the purposes of this Part.

(6)In the case of activities carried on by a company in the course of any basic life assurance and general annuity business, provision corresponding to that made by subsection (3) is made by section 88 of FA 2012 for the purpose of applying the I - E rules.

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