Section 269DN | Profit and loss shifting to avoid or reduce surcharge liability ^F1

(1)Subsection (3) applies in relation to a banking company if—^F1

(a)there are arrangements that result in a relevant transfer, and^F1

(b)the main purpose, or one of the main purposes, of the arrangements is to avoid, or reduce, a sum being charged on the banking company under section 269DA.^F1

(2)There is a “relevant transfer” if there is, in substance—^F1

(a)a transfer (directly or indirectly) of all or a significant part of the surcharge profits of the banking company, for a chargeable accounting period, to a non-banking company, or^F1

(b)a transfer (directly or indirectly) of a loss or deductible amount to the banking company, for a chargeable accounting period, from a non-banking company, resulting in the elimination or significant reduction of the banking company's surcharge profits for that period.^F1

(3)For the purposes of section 269DA, the surcharge profits of the banking company, for the chargeable accounting period, are to be taken to be what they would have been had the relevant transfer not taken place.^F1

(4)In this section—^F1

“arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);

“CFC” and “chargeable company” have the same meaning as in Part 9A of TIOPA 2010 (controlled foreign companies) (see section 371VA of that Act);

“deductible amount” means—

(a)an expense of a trade, other than an amount treated as such an expense by section 450(a) of CAA 2001 (research and development allowances treated as expenses in calculating profits of a trade),

(b)an expense of a UK property business or overseas property business,

(c)an expense of management of a company's investment business within the meaning of section 1219 of CTA 2009,

(d)a non-trading debit within the meaning of Parts 5 and 6 of CTA 2009 (loan relationships and relationships treated as such) (see section 301(2) of that Act), or

(e)a non-trading debit within the meaning of Part 8 of CTA 2009 (intangible fixed assets) (see section 746 of that Act);

“non-banking company” means a company that, at any time when the arrangements mentioned in subsection (1) have effect, is neither—

(a)a banking company, nor

(b)a CFC in relation to which a banking company is a chargeable company.