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HMRC internal manual

Banking Manual

Bank compensation restriction: definitions: meaning of conduct issues

Where a banking company (or a company associated with a banking company – see BKM208100) incurs expenses in making a compensation payment to a customer in respect of conduct issues which meet the disclosure requirement, these expenses may not be deducted in arriving at the banking company’s corporation tax profits.

CTA09/s133A(8) defines conduct as including any act or omission.

The conduct becomes relevant conduct for the purpose of the restriction if the conduct occurred on or after 29 April 1988 and a time when the company is a banking company (CTA09/s133A(6)). 

The legislation scopes in all conduct but provides some exceptions so that compensation payable in respect of more routine issues, which might occur in any business, are not restricted.  These are described as excluded expenses - see BKM203100 for further details.