Section 406 | The tax-EBITDA of a company

(1)For the purposes of this Part the “tax-EBITDA” of a company for a period of account of the worldwide group is—

(a)where the company has only one relevant accounting period, the company's adjusted corporation tax earnings for that accounting period;

(b)where the company has more than one relevant accounting period, the total of the company's adjusted corporation tax earnings for each of those accounting periods.

(2)The company's “adjusted corporation tax earnings” for an accounting period is the total (which may be negative) of the amounts that meet condition A or B.

(3)Condition A is that the amount—

(a)is brought into account by the company in determining its taxable total profits of the period (within the meaning given by section 4(2) of CTA 2010), and

(b)is not an excluded amount for the purposes of this condition (see section 407).

(4)Condition B is that the amount—

(a)is not brought into account as mentioned in subsection (3)(a), but would have been so brought into account if the company had made profits, or more profits, of any description in the period, and

(b)is not an excluded amount for the purposes of this condition (see section 407).

(5)Subsection (7) applies if an amount—

(a)is brought into account as mentioned in subsection (3)(a), or

(b)is not brought into account as mentioned in subsection (4)(a),

in an accounting period which contains one or more disregarded periods.

(6)A “disregarded period” is any period falling within the accounting period—

(a)which does not fall within the period of account of the worldwide group, or

(b)throughout which the company is not a member of the group.

(7)Where this subsection applies, the amount mentioned in subsection (5) is reduced, for the purposes of subsection (2), by such amount (if any) as is referable, on a just and reasonable basis, to the disregarded period or periods mentioned in subsection (5).

(8)An amount may be reduced to nil under subsection (7).