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.