Corporation Tax Act 2009 section 146–147

Charges to tax under Case VI of Schedule D in subordinate legislation

Sections 146 and 147 provide transitional rules ensuring that references to Case VI of Schedule D in subordinate legislation (such as statutory instruments and regulations) continue to work correctly after the rewrite of the Corporation Tax Acts from 1 April 2009.

• Where a Corporation Tax Acts rule referred to Case VI of Schedule D before 1 April 2009, and that reference applied to amounts charged to corporation tax under subordinate legislation, the subordinate legislation is treated as falling within the miscellaneous income charges framework now in section 1173 of CTA 2010.
• This deemed inclusion in the section 1173(2) table continues for as long as the subordinate legislation itself remains expressed by reference to Case VI of Schedule D.
• Similarly, where subordinate legislation treated amounts as losses arising from a transaction within the charge to corporation tax under Case VI of Schedule D before 1 April 2009, those amounts continue to be treated as losses under the equivalent modern provisions in section 1173 of CTA 2010.
• "Subordinate legislation" has the same meaning as in the Interpretation Act 1978, covering statutory instruments, orders, regulations and similar secondary legislation made under powers granted by an Act of Parliament.