Statutory Instruments
2013 No. 2781
Corporation Tax
The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2013
Made
29th October 2013
Laid before the House of Commons
30th October 2013
Coming into force
21st November 2013
The Treasury make the following Regulations in exercise of the powers conferred by sections 328(4) and 606(4) of the Corporation Tax Act 2009( 1 ).
Citation, commencement and effect
1. —(1) These Regulations may be cited as the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2013 and come into force on 21st November 2013.
(2) These Regulations have effect in relation to loan relationships and derivative contracts entered into on or after that date.
Amendments to the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004
2. —(1)The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004( 2 ) are amended as follows.
(2) In regulation 2(1), at the appropriate places insert—
“ “Additional Tier 1 instrument” means an instrument which qualifies as an Additional Tier 1 instrument under Article 52 of the Commission Regulation ( EU ) No 575/2013 ( 3 ) ; ” ,
“ “deferred shares” has the same meaning as in the Building Societies Act 1986 ( 4 ) ; ” .
(3) In regulations 3(5) and 4(4A), for “of any share capital of the company” substitute—
“ of—
(a) any share capital of the company,
(b) in relation to a building society, any deferred shares issued by the building society to the extent that they are accounted for as equity instruments in accordance with generally accepted accounting practice, or
(c) any Additional Tier 1 instrument issued by the company to the extent that it is accounted for as an equity instrument in accordance with generally accepted accounting practice. ” .
Anne Milton
Stephen Crabb
Two of the Lords Commissioners of Her Majesty’s Treasury
29th October 2013
S.I. 2004/3256 , relevantly amended by S.I. 2005/2012 and 2005/3374 .
OJ L 176/1, 27.6.13.
1986 c. 53 , see section 119 for the definition of “deferred shares”.