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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. Calculation of non-trading profits and deficits from loan relationships: non-trading credits and debits

Section 301 | Calculation of non-trading profits and deficits from loan relationships: non-trading credits and debits

From legislation.gov.uk

(1)Whether a company has non-trading profits or a non-trading deficit from its loan relationships for an accounting period is determined in accordance with subsections (4) to (7), using the non-trading credits and non-trading debits given by this Part for the accounting period.

(1A)In the case of a non-UK resident company, subsections (4) to (7) need to be read with section 5(3), (3A)(b) and (3B)(b) (territorial scope of charge to corporation tax).

(2)In this Part—

(a)“non-trading credits” means credits for any accounting period in respect of a company's loan relationships that are not brought into account under section 297(2), and

(b)“non-trading debits” means debits for any accounting period in respect of a company's loan relationships that are not brought into account under section 297(3).

(3)But see also—

(a)section 330 (debits in respect of pre-trading expenditure), and

(b)section 482(1) (under which credits or debits to be brought into account under Chapter 2 of Part 6 (relevant non-lending relationships) are treated as non-trading credits or debits).

(4)A company has non-trading profits for an accounting period from its loan relationships if the non-trading credits for the period exceed the non-trading debits for the period or there are no such debits.

(5)The non-trading profits are equal to those credits, less any such debits.

(6)A company has a non-trading deficit for an accounting period from its loan relationships if the non-trading debits for the period exceed the non-trading credits for the period or there are no such credits.

(7)The non-trading deficit is equal to those debits, less any such credits.

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