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HMRC internal manual

Company Taxation Manual

Change of Ownership: Shell Companies – Apportionment of Non-Trading Amounts

CTA10/S705f; s705g

 

When the rules apply, any amount arising in the actual accounting period in column 1 of the following table is to be apportioned between the 2 notional accounting periods as described in column 2. If any of the methods in column 2 would work unjustly or unreasonably in a case, such other method as is just and reasonable may be used.

 

Row 1. Amount to be apportioned 1. Method of apportionment
     
1 The amount for the actual accounting period of any adjusted non-trading profits from the company’s loan relationships (see below) Apportion the amount in column 1 on a time basis according to the respective lengths of the two notional accounting periods.
2 The amount for the actual accounting period of any adjusted non-trading deficit from the company’s loan relationships (see below). Apportion the amount in column 1 on a time basis according to the respective lengths of the two notional accounting periods.
3 The amount of any non-trading debit in respect of any debtor relationship of the company that falls to be brought into account for the actual accounting period for the purposes of loan relationships under CTA09/Part 5. (CFM32000 onwards) * If Condition A below is met, apportion the amount in column 1 by reference to the time of accrual of the amount to which the debit relates; or
* If Condition B below is met, apportion the amount in column 1 to the first notional accounting period.    
4 The amount of any non-trading deficit carried forward to the actual accounting period under CTA09/S457(1) (CFM32040). Apportion the whole of the amount in column 1 to the first notional accounting period.
5 The amount of any non-trading credits or debits in respect of intangible fixed assets that fall to be brought into account for the actual accounting period under CTA09/S751 (CIRD13530), but excluding any amount within column 1 of row 6. Apportion to each notional accounting period the credits or debits that would fall to be brought into account in that period if it were a period of account for which accounts were drawn up in accordance with generally accepted accounting practice.
6 The amount of any non-trading loss on intangible fixed assets carried forward to the actual accounting period under section CTA09/S753 (CIRD13530) and treated under that section as if it were a non-trading debit of that period. Apportion the whole of the amount in column 1 to the first notional accounting period.
7 Any other amounts by reference to which the profits or losses of the actual accounting period would (but for this Chapter) be calculated. Apportion the amount in column 1 on a time basis according to the respective lengths of the two notional accounting periods.

 

Non-Trading Profits from Loan Relationships

For the purposes of column 1 of row 1 of the above table, the amount for the actual accounting period of any adjusted non-trading profits from the company’s loan relationships is the amount of the profits from those relationships chargeable under the rules in CTA09/S299 (CFM32000 onwards) disregarding any amounts that fall within column 1 of row 3 or 4 of the table.

 

Non-Trading Deficits from Loan Relationships

For the purposes of column 1 of row 2 of the above table, the amount for the actual accounting period of any adjusted non-trading deficit from the company’s loan relationships is the amount of the non-trading deficit calculated under the rules from CFM32000 onwards disregarding any amounts that fall within column 1 of row 3 or 4 of the table.

 

Non-Trading Debits in Respect of any Debtor Relationship

Condition A: The amount in column 1 of row 3 is determined on an amortised cost basis of accounting and none of the following provisions apply to the amount:

  • Deductions for late interest  which are treated as not accruing until paid under CTA09/S373 (CFM35810)
  • Debits for connected companies’ deeply discounted securities which are postponed until redemption under CTA09/S407 (CFM37250)
  • Debits for close companies’ deeply discounted securities which are postponed until redemption under CTA09/S409 (CFM37290)

Condition B: The amount in column 1 of row 3 is determined on an amortised cost basis of accounting and any of the 3 provisions mentioned under Condition A apply.