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Legislation
Corporation Tax Act 2009

Crossheading Rules differing from generally accepted accounting practice

  • Section 320 Credits and debits treated as relating to capital expenditure
  • Section 320A Amounts recognised in other comprehensive income and not transferred to profit or loss
  • Section 320B Hybrid capital instruments: amounts recognised in equity
  • Section 321 Credits and debits recognised in equity
  • Section 321A Restriction on debits resulting from release of loans to participators etc
  • Section 322 Release of debts: cases where credits not required to be brought into account
  • Section 323 Meaning of expressions relating to insolvency etc
  • Section 323A Substantial modification: cases where credits not required to be brought into account
  • Section 323B Insurers in financial difficulties: write-down orders
  • Section 324 Restriction on debits resulting from revaluation
  • Section 325 Restriction on credits resulting from reversal of disallowed debits
  • Section 326 Writing off government investments
  • Section 327 Disallowance of imported losses etc
  1. Rules differing from generally accepted accounting practice
  2. Disallowance of imported losses etc

Section 327 | Disallowance of imported losses etc

From legislation.gov.uk

(1)This section applies for an accounting period of a company (“the loss period”) if—

(a)apart from this section, a loss arising in connection with a loan relationship of the company would fall to be brought into account for the purposes of this Part, and

(b)the loss is wholly or partly referable to a time when the relationship was not subject to United Kingdom taxation.

(2)The amounts brought into account for the loss period for the purposes of this Part must be such as to secure that none of the loss referable to a time when the relationship was not so subject is treated for those purposes as arising in the loss period or any other accounting period of the company.

(3)For the purposes of this section a loss is referable to a time when a relationship is not subject to United Kingdom taxation so far as, at the time to which the loss is referable, the company would not have been chargeable to corporation tax in the United Kingdom on any profits arising from the relationship.

(4)If the company was not a party to the relationship at the time to which the loss is referable, subsection (3) applies as if the reference to the company were a reference to the person who at that time was in the same position as respects the relationship as is subsequently held by the company.

(5)An amount which would be brought into account for the purposes of this Part in respect of any matter apart from this section is treated for the purposes of section 464(1) (amounts brought into account under this Part excluded from being otherwise brought into account) as if it were so brought into account.

(6)Accordingly, that amount must not be brought into account for corporation tax purposes as respects that matter either under this Part or otherwise.

(7)This section does not apply if fair value accounting is used.

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