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Legislation
Finance (No. 2) Act 2023

Crossheading Adjustments of underlying profits

  • Section 138 Profits adjusted to be before tax
  • Section 139 Profits adjusted to be profits before consolidation adjustments to eliminate intragroup transactions
  • Section 140 Profits adjusted to be profits before certain purchase accounting adjustments
  • Section 141 General exclusion of dividends
  • Section 142 Excluded equity gain or loss
  • Section 143 Included revaluation method gain or loss
  • Section 144 Adjustments for asymmetric foreign currency income and losses
  • Section 145 Exclusion of expenses for illegal payments, fines and penalties
  • Section 146 Adjustment for changes in accounting policies and prior period errors
  • Section 147 Accrued pension expense
  • Section 147A Treatment of tax credits
  • Section 148 Meaning of qualifying refundable tax credits
  • Section 148A Transferable tax credits
  • Section 148B Value of marketable transferable tax credits: originator
  • Section 148C Value of marketable transferable tax credits: purchaser
  • Section 149 Arm’s length requirement for certain transactions
  • Section 150 Transactions between members of a multinational group: differences with accounting for tax
  • Section 150A Instruments held intragroup: issuer’s accounting treatment to prevail
  • Section 151 Adjustments for companies in distress
  • Section 152 Adjustments where life assurance business carried on
  • Section 153 Exclusion of certain insurance reserve movement expense
  • Section 154 Exclusion of qualifying intra-group financing arrangement expenses
  • Section 155 Qualifying tier one capital
  • Section 156 Exclusion of international shipping profits
  • Section 157 Core international shipping profits
  • Section 158 Ancillary international shipping profits
  1. Adjustments of underlying profits
  2. Qualifying tier one capital

Section 155 | Qualifying tier one capital

From legislation.gov.uk

(1)Where amounts recognised by a member of a multinational group as a decrease to its equity in an accounting period that is attributable to distributions paid or payable in respect of qualifying tier one capital issued by the member are not reflected in its underlying profits for that period as expenses, those profits are to be adjusted to reflect those amounts as expenses.

(2)Where amounts recognised by a member of a multinational group as an increase to its equity in an accounting period that is attributable to distributions received or receivable in respect of qualifying tier one capital held by the member are not reflected in its underlying profits for that period as income, those profits are to be adjusted to reflect those amounts as income.

(3)In this Part “qualifying tier one capital” means an instrument issued by an entity pursuant to regulatory requirements applicable to the banking or insurance sector that is convertible to equity or written down if a pre-specified trigger event occurs and that has other features which are designed to aid loss absorbency in the event of a financial crisis.F1

Notes

  1. F1

    Word in s. 155(3) substituted (in relation to accounting periods commencing on or after 31.12.2023) by Finance Act 2025 (c. 8), Sch. 4 paras. 47(4), 72(2)

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