F1PART 6AHybrid and other mismatches

Annotations:
Amendments (Textual)
F1

Pt. 6A inserted (with effect in accordance with Sch. 10 paras. 18-21 of the amending Act) by Finance Act 2016 (c. 24), Sch. 10 para. 1

CHAPTER 3Hybrid and other mismatches from financial instruments

Introduction

259COverview of Chapter

1

This Chapter contains provision that counteracts hybrid or otherwise impermissible deduction/non-inclusion mismatches that it is reasonable to suppose would otherwise arise from payments or quasi-payments under, or in connection with, financial instruments.

2

The Chapter counteracts mismatches where the payer or a payee is within the charge to corporation tax and does so by altering the corporation tax treatment of the payer or a payee.

3

Section 259CA contains the conditions that must be met for this Chapter to apply.

4

Section 259CB defines “hybrid or otherwise impermissible deduction/non-inclusion mismatch” and provides how the amount of the mismatch is to be calculated.

5

Section 259CC contains definitions of certain terms used in section 259CB.

6

Section 259CD contains provision that counteracts the mismatch where the payer is within the charge to corporation tax for the payment period.

7

Section 259CE contains provision that counteracts the mismatch where a payee is within the charge to corporation tax and neither section 259CD nor any equivalent provision under the law of a territory outside the United Kingdom fully counteracts the mismatch.

8

See also—

a

section 259BB for the meaning of “payment”, “quasi-payment”, “payment period”, “relevant deduction”, “payer” and “payee”, and

b

section 259N for the meaning of “financial instrument”.