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Legislation
Taxation (International and Other Provisions) Act 2010

Crossheading Allocation of deductions etc to profits for purposes of section 42

  • Section 52 General deductions
  • Section 53 Earlier years' non-trading deficits on loan relationships
  • Section 54 Non-trading debits on loan relationships
  • Section 55 Current year's non-trading deficits on loan relationships
  • Section 56 Non-trading debits on intangible fixed assets
  1. Allocation of deductions etc to profits for purposes of section 42
  2. Non-trading debits on intangible fixed assets

Section 56 | Non-trading debits on intangible fixed assets

From legislation.gov.uk

(1)Subsection (2) applies for the purposes of section 42 if the company has at least one non-trading credit for the period that is eligible for double taxation relief.

(2)That much of the company's non-trading debits for the period as is given by the formula—

Formula

TNTD—CF

may be allocated by the company to such of its profits for the period, and in such amounts, as the company thinks fit.

(3)In subsection (2)—

TNTD is the total amount of the company's non-trading debits for the period, and

CF is the amount (if any) carried forward to the next accounting period under section 753(3) of CTA 2009 (carry forward of non-trading loss so far as neither subject to a claim to set it against profits of current period nor surrendered by way of group relief).

(4)For the purposes of subsection (1), a non-trading credit relating to an item is “eligible for double taxation relief” if there is in respect of that item an amount of foreign tax for which, under the arrangements, credit is allowable against United Kingdom tax calculated by reference to that item.

(5)In this section—

“non-trading credit” means a non-trading credit for the purposes of Part 8 of CTA 2009 (intangible fixed assets), and

“non-trading debit” means a non-trading debit for the purposes of that Part.

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