Section 656 — Corporation Tax Act 2009: Introduction to section 658

Introduction to section 658 656 1 Section 658 (chargeable gain or allowable loss treated as accruing) applies to a derivative contract of a company for an accounting period if each of conditions A to F is met.

2 Condition A is that the derivative contract is a relevant contract to which the company is treated as a party under section 585(2) (loan relationships with embedded derivatives) because of a debtor relationship of the company.

3 Condition B is that the derivative contract—

a is treated as a contract for differences by section 585(3) (contract treated as option, future or contract for differences),

and b is not within section 652.

4 Condition C is that the derivative contract is an exactly tracking contract.

5 Condition D is that the underlying subject matter of the derivative contract is shares.

6 Condition E is that at the time when the company became a party to the debtor relationship—

a it was not carrying on a banking business or a business as a securities house, or b if it was carrying on such a business, it did not become a party to the debtor relationship in the ordinary course of that business.

7 Condition F is that the company is not an excluded body.

8 For the meaning of “exactly tracking contract”, see section 657.