Section 879O — Corporation Tax Act 2009: The partial restrictions on debits

The partial restrictions on debits 879O 1 Where this section applies in respect of a relevant asset of a company, the following restrictions have effect.

2 If a debit in respect of the relevant asset is to be brought into account by the company for tax purposes under a provision of Chapter 3 (debits in respect of intangible fixed assets) or Chapter 15 (adjustments on change of accounting policy), the amount of that debit is— D × RA where— D is the amount of the debit that would be brought into account disregarding this section (and, accordingly, for the purposes of any calculation of the tax written-down value of the relevant asset needed to determine D, this section's effect in relation to any debits previously brought into account is to be disregarded), and RA is the relevant amount (see subsection (6)).

3 If, but for this section, a debit in respect of any of the relevant assets would be brought into account by the company for tax purposes under a provision of Chapter 4 (realisation of intangible fixed assets), the following two debits are to be brought into account under that provision instead—

a a debit determined in accordance with subsection (4),

and b a debit determined in accordance with subsection (5), which is to be treated for the purposes of Chapter 6 as a non-trading debit (“the non-trading debit”).

4 The amount of the debit determined in accordance with this subsection is— D × RA where— D is the amount of the debit that would be brought into account under Chapter 4 disregarding this section (and, accordingly, for the purposes of any calculation of the tax written down value of the relevant asset needed to determine D, this section's effect in relation to any debits previously brought into account is to be disregarded), and RA is the relevant amount (see subsection (6)).

5 The amount of the non-trading debit is— D − TD where— D is the amount of the debit that would be brought into account under Chapter 4 disregarding this section (but, for the purposes of any calculation of the tax written-down value of the relevant asset needed to determine D, this section's effect in relation to any debits previously brought into account is not to be disregarded), and TD is the amount of the debit determined in accordance with subsection (4).

6 In this section the “ relevant amount ” means—

a in a case where this section applies in respect of the relevant asset by reason only of section 879M, the amount in subsection (3) of that section;

b in a case where this section applies in respect of the relevant asset by reason only of section 879N, the amount in subsection (6) of that section;

c in a case where this section applies in respect of the relevant asset by reason of both section 879M and 879N, the amount found by multiplying the amount in subsection (3) of section 879M by the amount in subsection (6) of section 879N.