Section 439A Qualifying expenditure incurred for purposes of NI rate activityF1

(1)

Subsection (2) applies if—

(a)

a company that does not have a Northern Ireland regional establishment incurs expenditure for the purposes of a trade,

(b)

the activities for the purposes of which the expenditure is incurred would, if the company were a NIRE company, be an NI rate activity treated as a separate trade, and

(c)

the company subsequently becomes a NIRE company.

(2)

The expenditure is to be treated as incurred on the first day of the first chargeable period in which the company is a NIRE company.

(3)

Subsection (4) applies if—

(a)

a partnership that does not have a Northern Ireland regional establishment incurs expenditure for the purposes of a trade,

(b)

the activities for the purposes of which the expenditure is incurred would, if the partnership were a Northern Ireland Chapter 7 firm, be an NI rate activity treated as a separate trade, and

(c)

the partnership subsequently becomes a Northern Ireland Chapter 7 firm.

(4)

The expenditure is to be treated as incurred on the first day of the first chargeable period in which the partnership is a Northern Ireland Chapter 7 firm.

(5)

In this section “Northern Ireland regional establishment” has the same meaning as in Part 8B of CTA 2010 (see Chapter 5 of that Part as read, in relation to a partnership, with section 357WA(4) of that Act).

Annotations

Textual amendments

F1: S. 439A inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), Sch. 1 para. 14