Section 31 Relationship between rules prohibiting and allowing deductions

United Kingdom

(1)

Any relevant permissive rule in this Part—

(a)

has priority over any relevant prohibitive rule in this Part, but

(b)

is subject to F1section 36 (unpaid remuneration), section 38 (employee benefit contributions), section 48 (car F2... hire) and section 55 (crime-related payments).

F3(1A)

But, if the relevant permissive rule would allow a deduction in calculating the profits of a trade in respect of an amount which arises directly or indirectly in consequence of, or otherwise in connection with, relevant tax avoidance arrangements, that rule—

(a)

does not have priority under subsection (1)(a), and

(b)

is subject to any relevant prohibitive rule in this Part (and to the provisions mentioned in subsection (1)(b)).

(2)

In this section “any relevant permissive rule in this Part” means any provision of—

(a)

Chapter 5 (apart from sections 60 to 67),

F4(aa)

Chapter 5A,

(b)

Chapter 11, F5...

(c)

Chapter 13, F6or

(d)

Chapter 17A,

which allows a deduction in calculating the profits of a trade.

(3)

In this section “any relevant prohibitive rule in this Part”, in relation to any deduction, means any provision of this Part (apart from sections F736, 38, 48 and 55) which might otherwise be read as—

(a)

prohibiting the deduction, or

(b)

restricting the amount of the deduction.

F8(4)

In this section “relevant tax avoidance arrangements” means arrangements—

(a)

to which the person carrying on the trade is a party, and

(b)

the main purpose, or one of the main purposes, of which is the obtaining of a tax advantage (within the meaning of section 1139 of CTA 2010).

“Arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

Annotations

Textual amendments

F1: Words in s. 31(1)(b) substituted (with effect as stated in s. 67(7) of the amending Act) by Finance Act 2007 (c. 11), s. 67(2)
F2: Words in s. 31(1)(b) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 35
F3: S. 31(1A) inserted (with effect in accordance with s. 78(5)-(7) of the amending Act) by Finance Act 2013 (c. 29), s. 78(1)(a)
F4: S. 31(2)(aa) inserted (with effect in accordance with Sch. 5 para. 6 of the amending Act) by Finance Act 2013 (c. 29), Sch. 5 para. 3
F5: Word in s. 31(2)(b) omitted (with effect in accordance with Sch. 4 paras. 56, 57 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 4 para. 49
F6: S. 31(2)(d) and word inserted (with effect in accordance with Sch. 4 paras. 56, 57 of the amending Act) by Finance Act 2013 (c. 29), Sch. 4 para. 49
F7: Words in s. 31(3) inserted (with effect as stated in s. 67(7) of the amending Act) by Finance Act 2007 (c. 11), s. 67(3)
F8: S. 31(4) inserted (with effect in accordance with s. 78(5)-(7) of the amending Act) by Finance Act 2013 (c. 29), s. 78(1)(b)

Notes on Rules relating to deductions

Textual amendments

F1: S. 31 cross-heading inserted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 14, 47 (with Sch. 10 paras. 48-50)