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Legislation
Taxation (International and Other Provisions) Act 2010

CHAPTER 6 Tax-EBITDA

  • Section 405 The aggregate tax-EBITDA of a worldwide group
  • Section 406 The tax-EBITDA of a company
  • Section 407 Amounts not brought into account in determining a company's tax-EBITDA
  • Section 408 Excluded relevant intangibles debits and excluded relevant intangibles credits
  • Section 409 Double taxation relief
  1. Chapter 6 · Tax-EBITDA
  2. Excluded relevant intangibles debits and excluded relevant intangibles credits

Section 408 | Excluded relevant intangibles debits and excluded relevant intangibles credits

From legislation.gov.uk

(1)For the purposes of section 407 (and this section)—

(a)a debit is a “relevant intangibles debit” if it is brought into account under a provision of Part 8 of CTA 2009 (intangible fixed assets) that is listed in column 1 of the following table;

(b)a relevant intangibles debit is “excluded” to the extent indicated in the corresponding entry in column 2 of the table.

Table
ProvisionExcluded debits
section 729excluded in full
section 731excluded in full
section 732excluded if and to the extent that its amount is determined by reference to an excluded intangibles credit
section 735excluded in full
section 736excluded in full
section 872excluded in full
section 874excluded in full

(2)For the purposes of section 407 (and this section)—

(a)a credit is a “relevant intangibles credit” if it is brought into account under a provision of Part 8 of CTA 2009 (intangible fixed assets) that is listed in column 1 of the following table;

(b)a relevant intangibles credit is “excluded” to the extent indicated in the corresponding entry in column 2 of the table.

Table
ProvisionExcluded credits
section 723excluded if and to the extent that its amount is determined by reference to excluded intangible debits and excluded intangible credits
section 725excluded if and to the extent that its amount is determined by reference to an excluded intangibles debit
section 735excluded if and to the extent that the cost of the asset in question exceeds its tax written-down value
section 872excluded in full
section 874excluded in full

(3)In the table in subsection (2)—

(a)“tax written-down value” has the same meaning as in Part 8 of CTA 2009 (see Chapter 5 of that Part);

(b)“the cost of the asset” has the same meaning as in section 736 of that Act.

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