Corporation Tax Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Corporation Tax Bill

Corporation Tax Bill
Part 1 — Introduction
1

A
Bill
[AS AMENDED IN JOINT COMMITTEE]
To
Restate, with minor changes, certain enactments relating to corporation tax
and certain enactments relating to company distributions; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Introduction
1
Overview of Act
(1)
Part 2 is about calculation of the corporation tax chargeable on a company’s
profits, in particular—
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(a)
the rates at which corporation tax on profits is charged (see Chapter 2),
(b)
ascertaining the amount of profits to which the rates of tax are applied
(see Chapter 3), and
(c)
the currency in which profits are to be calculated and expressed (see
Chapter 4).
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(2)
Parts 3 to 7 make provision for the following reliefs—
(a)
relief for companies with small profits (see Part 3),
(b)
relief for trade losses (see Chapters 2 and 3 of Part 4),
(c)
relief for losses from property businesses (see Chapter 4 of Part 4),
(d)
relief for losses on a disposal of shares (see Chapter 5 of Part 4),
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(e)
relief for losses from miscellaneous transactions (see Chapter 6 of Part
4),
(f)
group relief (see Part 5),
(g)
relief for qualifying charitable donations (see Part 6), and

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Corporation Tax Bill
Part 1 — Introduction
2

(h)
community investment tax relief (see Part 7).
(3)
Parts 8 to 13 make provision about special types of business and company etc,
in particular—
(a)
oil activities (see Part 8),
(b)
leasing plant or machinery (see Part 9),
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(c)
close companies (see Part 10),
(d)
charitable companies etc (see Part 11),
(e)
Real Estate Investment Trusts (see Part 12),
(f)
corporate beneficiaries under trusts (see Chapter 1 of Part 13),
(g)
open-ended investment companies, authorised unit trusts and court
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investment funds (see Chapter 2 of Part 13),
(h)
unauthorised unit trusts (see Chapter 3 of Part 13),
(i)
securitisation companies (see Chapter 4 of Part 13),
(j)
companies in liquidation or administration (see Chapter 5 of Part 13),
(k)
banks etc in compulsory liquidation (see Chapter 6 of Part 13),
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(l)
co-operative housing associations and self-build societies (see Chapters
7 and 8 of Part 13), and
(m)
community amateur sports clubs (see Chapter 9 of Part 13).
(4)
Parts 14 to 21 contain provisions relating to tax avoidance, in particular with
respect to—
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(a)
change in company ownership (see Part 14),
(b)
transactions in securities (see Part 15),
(c)
factoring of income (see Part 16),
(d)
manufactured payments and repos (see Part 17),
(e)
transactions in land (see Part 18),
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(f)
the sale and lease-back of assets (see Part 19),
(g)
leasing plant or machinery (see Part 20), and
(h)
other arrangements involving asset leasing (see Part 21).
(5)
Part 22 contains miscellaneous provisions, including provision with respect
to—
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(a)
transfers of trade without a change of ownership (see Chapter 1),
(b)
transfers of trade to obtain balancing allowances (see Chapter 2),
(c)
transfer of relief within partnerships (see Chapter 3),
(d)
the surrender of tax refunds within groups of companies (see Chapter
4),
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(e)
the set off of income tax deductions against corporation tax (see
Chapter 5),
(f)
the assessment, collection and recovery of corporation tax from UK
representatives of non-UK resident companies (see Chapter 6),
(g)
the recovery of unpaid corporation tax due from non-UK resident
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companies (see Chapter 7), and
(h)
exemptions (see Chapter 8).
(6)
Part 23 contains provisions about the meaning of “distribution” and certain
associated matters.
(7)
Part 24 contains definitions that apply for the purposes of the Corporation Tax
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Acts and other general provisions that have effect for the purposes of those
Acts.

Corporation Tax Bill
Part 2 — Calculation of liability in respect of profits
Chapter 3 — Calculation of amount to which rates applied
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(8)
Part 25 contains provisions of general application, including definitions for the
purposes of the Act.
(9)
For abbreviations and defined expressions used in this Act, see section 1174
and Schedule 4.
Part 2
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Calculation of liability in respect of profits
Chapter 1
Introduction
2
Overview of Part
(1)
This Part contains provisions that relate to the calculation of the corporation tax
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chargeable on a company’s profits of an accounting period.
(2)
Chapter 2 is about the rates at which corporation tax on profits is charged.
(3)
Chapter 3 is about ascertaining the amount of a company’s profits of an
accounting period to which the rates of corporation tax applicable to the
company are applied.
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(4)
Chapter 4 makes provision about the currency in which a company must
calculate and express its profits for corporation tax purposes.
(5)
For provision about the calculation of the corporation tax payable for an
accounting period see paragraph 8 of Schedule 18 to FA 1998.
Chapter 2
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Rates at which corporation tax on profits charged
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Corporation tax rates
(1)
Corporation tax is charged at the rate set by Parliament for the financial year
(“the main rate”).
(2)
Section 18 provides for tax to be charged at the small profits rate instead of the
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main rate in certain cases.
(3)
In this Act “the small profits rate” means a rate that is—
(a)
lower than the main rate, and
(b)
set by Parliament as the small profits rate.
Chapter 3
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Calculation of amount to which rates applied
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Amount of profits to which corporation tax rates applied
(1)
In the calculation under paragraph 8(1) of Schedule 18 to FA 1998 of the
amount of corporation tax payable for an accounting period of a company, the

Corporation Tax Bill
Part 2 — Calculation of liability in respect of profits
Chapter 4 — Currency
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first step is to apply the rate or rates of corporation tax applicable to the profits
of the company of the period on which tax is chargeable.
(2)
The profits of a company of an accounting period on which corporation tax is
chargeable (in this Act referred to as the company’s taxable total profits of the
period) are found as follows—
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Step 1

Find the company’s total profits of the period (see subsection (3)).
Step 2

Deduct from the result of Step 1 any amounts which can be relieved against the
company’s total profits of the period.
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(3)
To find a company’s total profits of an accounting period take the following
steps.
Step 1

Find the amount in respect of which the company is chargeable for the period
under the charge to corporation tax on income after any reduction required to
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give effect to relief from tax.
Step 2

Add to the result of Step 1 any amount to be included in respect of chargeable
gains in the company’s total profits of the accounting period (see section 8 of
TCGA 1992) after any reduction required to give effect to relief from tax.
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(4)
Subsections (2) and (3) are subject to the provisions of the Corporation Tax
Acts.
Chapter 4
Currency
The currency to be used in tax calculations
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Basic rule: sterling to be used
(1)
For corporation tax purposes the income and chargeable gains of a company
for an accounting period must be calculated and expressed in sterling.
(2)
See the following sections for provision about the application of subsection (1)
in certain cases where profits or losses fall to be calculated in accordance with
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generally accepted accounting practice—
section 6 (UK resident company operating in sterling and preparing
accounts in another currency),
section 7 (UK resident company operating in currency other than sterling
and preparing accounts in another currency),
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section 8 (UK resident company preparing accounts in currency other
than sterling),
section 9 (non-UK resident company preparing accounts in currency
other than sterling).