Section 312 Qualifying pre-commencement expenditure

United Kingdom

(1)

For the purposes of this Chapter, expenditure is “qualifying pre-commencement expenditure” if it meets each of conditions A to D.

(2)

Condition A is that the expenditure is incurred on or after 1 January 2006.

(3)

Condition B is that the expenditure is incurred in the course of oil extraction activities.

(4)

Condition C is that the expenditure is incurred by a company with a view to carrying on a ring fence trade but before the company sets up and commences the ring fence trade.

(5)

Condition D is that the expenditure—

(a)

is subsequently allowable as a deduction in calculating the profits of the ring fence trade for the commencement period (whether or not any part of it is so allowable for any post-commencement period), or

(b)

is relevant R&D expenditure incurred by an SME.

(6)

For the purposes of this section, expenditure incurred by a company is “relevant R&D expenditure incurred by an SME” if—

(a)

the company makes an election under section 1045 of CTA 2009 (alternative treatment for pre-trading expenditure: deemed trading loss) in respect of that expenditure, but

(b)

the company does not make a claim for an R&D tax credit under section 1054 of that Act in respect of that expenditure.

(7)

In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by an SME, the amount of that expenditure is treated for the purposes of this Chapter as being equal to 150% of its actual amount.

F1(8)

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(9)

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Annotations

Textual amendments

F1: S. 312(8)(9) omitted (with effect in accordance with Sch. 15 paras. 28, 29 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 15 para. 24(2)