SCHEDULES
SCHEDULE 5Non-UK resident companies carrying on UK property businesses etc
PART 2Supplementary & Consequential amendments
25CTA 2009
After section 793 insert—
793AEffect of election under section 792
1
This section applies if an election is made under section 792.
2
If subsection (2) of section 793 applies to B the gain, or the part specified in the election, is treated as if it had accrued to B at the relevant time as a non-trading credit for the purposes of Chapter 6 (how credits and debits are given effect).
3
If subsection (3) of section 793 applies to B the gain, or the part specified in the election, is treated—
a
as if it had accrued to B at the relevant time as a non-trading credit for the purposes of Chapter 6, and
b
as if it had accrued in respect of an asset held for the purposes of a permanent establishment of B in the United Kingdom.
4
If subsection (3A) of section 793 applies to B the gain, or the part specified in the election, is treated for the purposes of Chapter 6 as if it had accrued to B at the relevant time as a credit in respect of an asset held for the purposes of B’s trade of dealing in or developing UK land.
5
If subsection (3B) of section 793 applies to B the gain, or the part specified in the election, is treated for the purposes of Chapter 6 as if it had accrued to B at the relevant time as a credit in respect of an asset held for the purposes of B’s UK property business.