The Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2010

• Citation: S.I. 2010/809
• Sections: 14

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.

(2) Subject to regulations 13 and 14(4), these Regulations shall have effect in relation to a disposal of an asset made on or after 6th April 2010.

(3) In these Regulations, “the principal Regulations ” means the Exchange Gains and Losses (Bringing into Account Gains or Losses) Regulations 2002 .

Section 2 Amendments to the Exchange Gains and Losses (Bringing into Account Gains or Losses) Regulations 2002

The principal Regulations are amended in accordance with regulations 3 to 12.

Section 3 Amendment of regulation 2

(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1) for the definition of “a no gain/no loss disposal” substitute—

“a no gain/no loss disposal” means a disposal on which, by virtue of any of the no gain/no loss provisions (within the meaning of section 288(3A) of the 1992 Act ), neither a gain nor a loss accrues;

(3) After paragraph (1) insert—

(1A) For the purposes of these Regulations a relevant transaction to which section 116(10) of the 1992 Act applies shall be treated as a disposal.

(4) After paragraph (2) insert—

(2A) In these Regulations any reference to the amount or value of the consideration for the disposal of the asset is a reference to any amount treated as disposal consideration by any provision of the 1992 Act.

Section 4 Substitution of regulation 4

For regulation 4, substitute—

General rule for bringing amounts into account

(4)

(1) For the purposes of the 1992 Act, the amount or value of the consideration for the disposal of the asset shall be—

(a) increased by the amount of any net gain, and

(b) subject to paragraph (2) below, reduced by the amount of any net loss.

This is subject to paragraph (4) below and regulations 6 and 8.

(2) If the amount of any net loss exceeds the amount or value of the consideration that would be brought into account but for the application of this regulation, the amount of the excess of the net loss shall be treated as consideration for the acquisition of the asset for the purposes of section 38(1)(a) of the 1992 Act.

(3) If section 42 of the 1992 Act applies, this regulation shall not apply to determine the amount or value of the consideration for the disposal referred to as “A” in that section in apportioning the sums attributable to the asset.

(4) Paragraph (1) above does not apply if, immediately before the disposal, the asset is a foreign business asset other than shares not held on trading account.

Section 5 Amendment of regulation 5

(1) Regulation 5 (calculation of the amount of any net gain or net loss for the purposes of regulation 4) is amended as follows.

(2) In paragraph (2) omit “Subject to paragraph (4) below,”.

(3) Omit paragraph (4).

Section 6 Amendment of regulation 6

In regulation 6 (assets representing certain loan relationships and ships or aircraft) for paragraph (2) substitute—

(2) Where paragraph (1) above applies, the amount of any net gain or net loss referred to in regulation 4 shall not be brought into account under that regulation but instead, for the purposes of Part 5 of the Corporation Tax Act 2009, shall be brought into account for the accounting period in which the disposal of the asset occurs as a credit or a debit (according to whether it is an amount of net gain or net loss) in respect of the loan relationships of the company.

Section 7 Amendment of regulation 7

In regulation 7(3) (regulations 5 and 6 – supplementary) after “the 1994 Regulations” insert “and these Regulations”.

Section 8 Amendment of regulation 8

(1) Regulation 8 (no gain/no loss disposals) is amended as follows.

(2) For paragraph (2) substitute—

(2) Where this regulation applies, regulation 4 shall not apply to bring into account the net gain or net loss on the occasion of the no gain/no loss disposal but shall instead apply to bring that net gain or net loss into account on the first relevant disposal of the asset.

(3) In paragraph (3) omit “(b)”.

Section 9 Omission of regulation 9

Omit regulation 9 (cases where there is no disposal of the asset by virtue of section 116(10) of the 1992 Act).

Section 10 Omission of regulation 10

Omit regulation 10 (cases where, but for section 116, section 127 of the 1992 Act would apply in relation to assets as regards which paragraph (2)(a), but not paragraph (2)(b), of regulation 8 has had effect).

Section 11 Omission of regulation 11

Omit regulation 11 (cases where there is no disposal of the asset by virtue of section 127 of the 1992 Act).

Section 12 Omission of regulation 12

Omit regulation 12 (cases where section 127 of the 1992 Act applies in relation to assets as regards which paragraph (2)(a), but not paragraph (2)(b), of regulation 8 has had effect).

Section 13 Further provisions – cases within regulation 3(3)(a) or (b) of the principal Regulations

These Regulations shall not have effect in relation to a disposal of an asset where the circumstances prescribed by regulation 3(3)(a) or (b) of the principal Regulations are satisfied.

Section 14 Further provisions – no gain/no loss disposals

(1) This regulation applies in relation to an asset as regards which regulation 8(2)(a) of the principal Regulations has had effect in respect of a no gain/no loss disposal before 6 th April 2010 but the net gain or net loss accruing at the time of that disposal has not been brought into account as a chargeable gain or allowable loss in accordance with regulation 8(2)(b), 10(3) or 12(3).

This is subject to paragraph (4).

(2) On the first disposal of the asset which is not a no gain/no loss disposal, the net gain or net loss referred to in paragraph (1) shall be brought into account in accordance with regulation 4 of the principal Regulations (as substituted by regulation 4 of these Regulations).

(3) In paragraph (2) “a no gain/no loss disposal” has the meaning given in regulation 2(1) of the principal Regulations (as substituted by regulation 3(2) of these Regulations).

(4) In a case to which this regulation applies, the company making the disposal of the asset may elect that these Regulations shall not apply.

(5) An election under paragraph (4) must—

(a) be made in writing to HMRC within 12 months of the date of the disposal referred to in paragraph (2),

(b) identify the asset which is the subject of the disposal,

(c) include a computation of the net gain or net loss, and

(6) An election under paragraph 4 above is irrevocable.