Statutory Instruments
2019 No. 1345
Corporation Tax
The Hybrid and Other Mismatches (Financial Instruments: Excluded Instruments) Regulations 2019
Made
14th October 2019
Laid before the House of Commons
15th October 2019
Coming into force
1st January 2020
The Treasury, in exercise of the powers conferred by section 259N(3)(b) of the Taxation (International and Other Provisions) Act 2010( 1 ), make the following Regulations:
Citation, commencement and effect I1
1. —(1) These Regulations may be cited as the Hybrid and Other Mismatches (Financial Instruments: Excluded Instruments) Regulations 2019 and come into force on 1st January 2020.
(2) These Regulations have effect in relation to—
(a) F1 payments( 2 ) made on or after 1st January 2020 ..., and
(b) F2 quasi-payments( 3 ) in relation to which the payment period( 4 ) begins on or after 1st January 2020 ....
(3) Where a payment period begins before 1st January 2020 and ends on or after that date (“the straddling period”)—
(a) so much of the straddling period as falls before 1st January 2020, and so much of that period as falls on or after that date, are to be treated as separate taxable periods( 5 ), and
(b) where it is necessary to apportion an amount for the straddling period to the two separate taxable periods, it is to be apportioned—
(i) on a time basis according to the respective length of the separate taxable periods, or
(ii) if that method would produce a result that is unjust or unreasonable, on a just and reasonable basis.
F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial instruments: excluded instruments I2
2. —(1) An instrument issued to an associated enterprise is not a financial instrument within section 259N of the Taxation (International and Other Provisions) Act 2010 if it meets the conditions set out in paragraphs (i) to (iv) of point (b) of paragraph 4 of Article 9 of Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market( 6 ).
(2) For the purposes of paragraph (1), “associated enterprise” has the meaning given in Article 2(4) of that Directive.
Revocation of the Hybrid and Other Mismatches (Financial Instrument: Exclusions) Regulations 2019I3
3.The Hybrid and Other Mismatches (Financial Instrument: Exclusions) Regulations 2019( 7 ) are revoked.
Mike Freer
Michelle Donelan
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 2019
2010 c. 8 ; section 259N was inserted by paragraph 1 of Schedule 10 to the Finance Act 2016 (c. 24) and was amended by section 19(4) of the Finance Act 2019 (c. 1) .
“Payment” is defined in section 259NF of the Taxation (International and Other Provisions) Act 2010.
“Quasi-payment” is defined in section 259NF of the Taxation (International and Other Provisions) Act 2010.
“Payment period” is defined in section 259NF of the Taxation (International and Other Provisions) Act 2010.
“Taxable period” is defined in section 259NF of the Taxation (International and Other Provisions) Act 2010.
OJ No. L 193, 19.7.2016, p. 1, relevantly amended by Council Directive (EU) 2017/952 of 29 May 2017 amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries (OJ No. L 144, 7.6.2017, p. 1).