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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. Applying section 44(2): asset in hedging relationship with derivative contract

Section 46 | Applying section 44(2): asset in hedging relationship with derivative contract

From legislation.gov.uk

(1)If an asset is in a hedging relationship with a derivative contract, section 44(2) applies in relation to the asset as if the income arising from the asset is the income arising from the asset and the contract taken together, subject to subsection (2).

(2)Take account of the income or loss from the derivative contract only so far as reasonably attributable to the hedging relationship.

(3)For the purposes of subsection (1), an asset is in a hedging relationship with a derivative contract if—

(a)the asset is acquired as a hedge of risk in connection with the contract, or

(b)the contract is entered into as a hedge of risk in connection with the asset.

(4)If an asset or a contract is wholly or partly designated as a hedge for the purposes of a person's accounts, that is conclusive for the purposes of subsection (3).

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