F1PART 9AControlled foreign companies

Annotations:
Amendments (Textual)
F1

Pt. 9A inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 20 para. 1 (with ss. 56-58)

Chapter 22Supplementary provision

371VIProperty business profits

1

Subject to what follows, in this Part “property business profits”, in relation to a CFC, means any profits included in the CFC's assumed total profits for the accounting period in question on the basis that they would be chargeable to corporation tax under Part 4 of CTA 2009 (property income).

2

Any credits or debits—

a

which are brought into account under Part 5 of CTA 2009 in determining the CFC's assumed total profits for the accounting period, and

b

which fall within subsection (3) or (5),

are to be brought into account in determining the CFC's property business profits.

3

Credits and debits fall within this subsection so far as they are from a debtor relationship of the CFC where the loan which is the subject of the debtor relationship—

a

is made and used solely for the purposes of a relevant property business, and

b

is not used to any extent for the purpose of funding (directly or indirectly)—

i

a loan to any other person, or

ii

so far as not covered by sub-paragraph (i), an arrangement intended to produce for any person a return in relation to any amount which it is reasonable to suppose would be a return by reference to the time value of that amount of money.

4

In subsection (3) “debtor relationship” has the meaning given by section 302(6) of CTA 2009 (and does not include anything which, although not falling within section 302(1) of that Act, is treated for any purpose as if it were a debtor relationship); and “loan” is to be read accordingly.

5

Credits and debits fall within this subsection so far as they—

a

are from any derivative contract or other arrangement entered into by the CFC as a hedge of risk in connection with a relevant property business, and

b

are attributable to that hedge of risk.

6

“Relevant property business” means a UK property business or overseas property business of the CFC, profits of which are included in the CFC's property business profits apart from subsection (2).