Finance Act 1994

Qualifying contracts

147Qualifying contracts

(1)For the purposes of this Chapter—

(a)an interest rate contract or option, or

(b)a currency contract or option,

is a qualifying contract as regards a qualifying company if the company becomes entitled to rights or subject to duties under the contract or option on or after its commencement day.

(2)Where both immediately before and at the beginning of its commencement day—

(a)a company to which this paragraph applies is entitled to rights or subject to duties under an interest rate contract or option, or

(b)a qualifying company is entitled to rights or subject to duties under a currency contract or option,

for the purposes of this Chapter the company shall be treated as becoming entitled or subject to them at the beginning of that day.

(3)A qualifying company is a company to which paragraph (a) of subsection (2) above applies if its commencement day falls outside the period of twelve months beginning with the appointed day.

(4)For the purposes of this Chapter—

(a)a company’s commencement day is the first day of its first accounting period to begin after the day preceding the appointed day; and

(b)the appointed day is such day as the Treasury may by order appoint.

148Contracts which may become qualifying contracts

(1)A qualifying company is a company to which this section applies if its commencement day falls within the period of twelve months beginning with the appointed day.

(2)Subject to subsection (3) below, all quasi-qualifying contracts which, at the end of the period of six years beginning with its commencement day, are held by a company to which this section applies shall be treated for the purposes of this Chapter as if the company became entitled to rights or subject to duties under them on the first day of its first accounting period beginning after the end of the period of six years.

(3)Subject to subsection (5) below, if a company to which this section applies so elects, all quasi-qualifying contracts held by the company on its commencement day shall be treated for the purposes of this Chapter as if the company became entitled to rights or subject to duties under them on that day.

(4)An election by a company under subsection (3) above shall be irrevocable and shall be made by notice served on the inspector before the end of the period of three months beginning with its commencement day.

(5)A company may not make an election under subsection (3) above at a time when it is a member but not the principal company of a group unless the company did not become a member of the group until after the relevant day.

(6)An election under subsection (3) above by a company which is the principal company of a group shall have effect also as an election by any other company to which this section applies and which on the relevant day is a member of the group.

(7)Subsection (6) above shall apply in relation to a company notwithstanding that the company ceases to be a member of the group at any time after the relevant day except where—

(a)the company is an outgoing company in relation to the group, and

(b)the election relating to the group is made after the company ceases to be a member of the group.

(8)In this section—

• “outgoing company”, in relation to a group of companies, means a company which ceases to be a member of the group before the end of the period during which an election under subsection (3) above could be made in relation to it and at a time when no such election has been made;

• “quasi-qualifying contract”, in relation to a qualifying company, means an interest rate contract or option which would be a qualifying contract if the company became entitled to rights or subject to duties under it on or after the company’s commencement day;

• “the relevant day” means the principal company’s commencement day.

(9)Section 170 of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 (groups of companies) shall have effect for the purposes of this section as for those of sections 171 to 181 of that Act.