Section 40 Interest charged to capital.

United Kingdom

(1)

Where—

(a)

a company incurs expenditure on the construction of any building, structure or works, being expenditure allowable as a deduction under section 38 in computing a gain accruing to the company on the disposal of the building, structure or work, or of any asset comprising it, and

(b)

that expenditure was defrayed out of borrowed money,

the sums so allowable under section 38 shall, subject to subsection (2) below, include the amount of any interest on that borrowed money which is referable to a period or part of a period ending on or before the disposal.

(2)

Subsection (1) above has effect subject to section 39 and does not apply to interest which is a charge on income.

(3)

In relation to interest paid in any accounting period ending before 1st April 1981 subsection (1) above shall have effect with the substitution for all following paragraph (b) of—

“and
(c)
the company charged to capital all or any of the interest on that borrowed money referable to a period or part of a period ending on or before the disposal,
and the sums so allowable under section 38 shall include the amount of that interest charged to capital. ”;

and subsection (2) above shall not apply.

F1(4)

In consequence of Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) (loan relationships) F2and CTA 2009 (Part 5 of which re-enacts that Chapter) this section does not have effect in relation to interest referable to an accounting period ending on or after 1st April 1996.

Annotations

Textual amendments

F1: S. 40(4) added (24.7.2002) by Finance Act 2002 (c. 23), Sch. 25 para. 60(2)
F2: Words in s. 40(4) inserted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 362 (with Sch. 2 Pts. 1, 2)