Section 49 | Restricting section 44(3) if company is a bank or connected with a bank

(1)Section 44(3) is subject to subsection (2) of this section if—

(a)the company is a bank or is connected with a bank, and

(b)the amount of the included funding costs is significantly less than the amount of the notional funding costs.

(2)The amount of the notional funding costs is to be included in the amount to be taken into account under section 44(3), but only so far as it exceeds the amount of the included funding costs.

(3)In this section—

“the company” means the company mentioned in section 44(3)(a),

“included funding costs” means the total of the funding costs that are—

(a)incurred by the company, or any company connected with the company, in respect of capital used to fund the relevant transaction, and

(b)included in the amount to be taken into account under section 44(3) before the application of subsection (2) of this section,

“notional funding costs” means the funding costs that the relevant bank would incur (on the basis of its average funding costs) in respect of the capital that would be needed to wholly fund the relevant transaction if that transaction were funded in that way,

“the relevant bank” means the bank that is the company, or with which the company is connected, and

“the relevant transaction” means the transaction, arrangement or asset from which the income mentioned in section 44(1) arises.

(4)The following provisions apply for the purposes of this section—

section 1120 of CTA 2010 (meaning of “bank”), and

section 1122 of CTA 2010 (meaning of “connected”).