SCHEDULES

SCHEDULE 28AAU.K. Provision not at arm’s length

Foreign exchange gains and losses and financial instrumentsU.K.

8(1)[F1Subject to sub-paragraph (3)][F2and sub-paragraph (4)] below, this Schedule shall not require the amounts brought into account in any person’s case under—

[F3(a)Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) in respect of exchange gains or losses from loan relationships (as defined in section 103(1A) and (1B) of that Act), or]

[F4(b)Schedule 26 to the Finance Act 2002 (derivative contracts) in respect of exchange gains and losses (as defined in paragraph 54 of that Schedule),]

to be computed in that person’s case on the assumption that the arm’s length provision had been made or imposed instead of the actual provision.

[F5(3)Sub-paragraph (1) above shall not affect so much of paragraph 11A of Schedule 9 to the Finance Act 1996 (loan relationships: exchange gains or losses where loan not on arm’s length terms) as has effect by reference to whether profits or losses fall to be computed by virtue of this Schedule as if the whole or any part of a loan had not been made.]

[F6(4)Sub-paragraph (1) above shall not affect so much of paragraph 27 of Schedule 26 to the Finance Act 2002 (derivative contracts: exchange gains or losses where derivative contract not on arm’s length terms) as has effect by reference to whether profits or losses fall to be computed by virtue of this Schedule as if a company were not party to a derivative contract or as if the terms of the contract to which it is party were different.]