Skip to content
Solved
SearchBrowse
Sign in

Contents

Legislation
Taxation (International and Other Provisions) Act 2010

Crossheading Limit on credit against corporation tax

  • Section 42 Amount of limit
  • Section 43 Profits attributable to permanent establishments for purposes of section 42(2)
  • Section 44 Credit against tax on trade income
  • Section 45 Credit against tax on trade income: anti-avoidance rules
  • Section 46 Applying section 44(2): asset in hedging relationship with derivative contract
  • Section 47 Applying section 44(2): royalty income
  • Section 48 Applying section 44(2): “portfolio” of transactions, arrangements or assets
  • Section 49 Restricting section 44(3) if company is a bank or connected with a bank
  • Section 49A Limit on credit in cases involving qualifying loan relationships of CFCs
  • Section 49B Applying section 42(2) to non-trading credits from loan relationships etc
  1. Limit on credit against corporation tax
  2. Amount of limit

Section 42 | Amount of limit

From legislation.gov.uk

(1)Subsection (2) is about the amount of credit allowed under section 18(2) against corporation tax to which a company is liable in respect of any income or chargeable gain.

(2)The credit must not exceed—

Formula

R×IG

where—

R is the rate of corporation tax payable by the company, before any credit under this Part, on the company's income or chargeable gains for the accounting period in which the income arises or the gain accrues, and

IG is the amount of the income or gain (but see subsection (3)).

(3)For the purposes of applying subsection (2), IG is reduced (or extinguished) by any amount allocated to it under—

section 52(2) (general deductions),

section 53(2) (earlier years' deficits on loan relationships),

section 54(2) or (4) (debits on loan relationships),

section 55(5) (current year's deficits on loan relationships), or

section 56(2) (debits on intangible fixed assets).

(4)Subsection (2) is to be read with—

section 43, which, if the company has a permanent establishment outside the United Kingdom, is about attributing profits to the establishment for the purposes of applying subsection (2),

sections 44 to 49, which modify how subsection (2) applies in connection with allowing credit against tax on trade income (as defined in section 44), section 49B, which requires subsection (2) to be applied separately to certain non-trading credits, and

sections 50 and 51, which require subsection (2) to be applied as if corporation tax were charged in a modified way on profits of the company for the period from loan relationships and intangible fixed assets.

(5)See also section 49A which contains an additional limit on credit allowed in certain cases involving CFCs.

PreviousNext
PrivacyTerms