Finance Act 1993

F1143 Deferral: supplementary.U.K.

(1)For the purposes of sections 139 and 141 above and this section an exchange gain or loss is unrealised if the accrual period concerned is one which ends solely by virtue of an accounting period of the company coming to an end.

(2)In a case where—

(a)an unrealised exchange gain would accrue as mentioned in section 139(1) above,

(b)the gain represents the whole or part of an initial exchange gain accruing under section 127 above, and

(c)the whole or part of the unrealised exchange gain is attributable to any part by which the nominal amount of the debt has decreased,

the company may not claim under section 139 above as regards so much of the unrealised exchange gain as is so attributable.

(3)In applying subsection (2)(c) above the gain shall be apportioned on a just and reasonable basis.

(4)For the purposes of sections 139 and 141 above an asset or liability is a long-term capital asset or liability if the following conditions are fulfilled—

(a)the asset or liability falls within section 153(1)(a) or (2)(a) below,

(b)the debt under which it subsists is such that, under the terms as originally entered into, the time for settlement is not less than one year from the time when the debt was created, and

(c)the asset or liability represents capital throughout the accounting period mentioned in section 139(1) above;

and the time for settlement is the earliest time at which the creditor can require settlement if he exercises all available options and rights.

(5)For the purposes of section 140 above an asset is held, or a liability is owed, in exempt circumstances at a given time if it is then held or owed—

(a)for the purposes of long term insurance business;

(b)for the purposes of mutual insurance business;

(c)for the purposes of the occupation of commercial woodlands;

(d)by a housing association approved at that time for the purposes of section 488 of the Taxes Act 1988;

(e)by a self-build society approved at that time for the purposes of section 489 of that Act.

(6)In subsection (5) above—

• “long term insurance business” means insurance business of any of the classes specified in Schedule 1 to the M1Insurance Companies Act 1982;

• “commercial woodlands” means woodlands in the United Kingdom which are managed on a commercial basis and with a view to the realisation of profits.

(7)Regulations may—

(a)make provision modifying the effect of sections 139 to 142 above and the preceding provisions of this section in a case where the debt under which a long-term capital asset or liability subsists is settled and replaced to any extent by another debt under which (or other debts under each of which) such an asset or liability subsists;

(b)make provision modifying the effect of sections 139 to 142 above and the preceding provisions of this section in a case where a group of companies is involved;

(c)provide that the amount falling within section 141(3) above shall be treated as reduced in accordance with prescribed rules;

and any provision under paragraph (a) above may include provision that realised gains or losses are to be treated as wholly or partly unrealised.