CFM91245 - Debt cap: calculating the exemption of financing income amounts: election under section 331ZA

This guidance applies to worldwide group periods of account ending before or straddling 1 April 2017.

Opting out of the de minimis amount. For periods of account ending on or after 17 July 2012, groups can opt out of the de minimis amount by making an election under section TIOPA10/S331ZA. The election will apply to both the net financing deduction and net financing income of the companies in the worldwide group. If an election is made it will apply to all UK group companies (which will include all relevant group companies). The election must be made in writing by the reporting body of the worldwide group within 12 months of the end of the first period it is to apply. The reporting body is the company appointed under TIOPA10/S288 or, if there is no appointed company, then by the UK group companies acting jointly. The election must:

• Specify the first period of account of the worldwide group to which the election applies
• Specify the name and UTR of each UK group company from the start of the first period to which the election applies up to the date of the election and all UK group companies as at the date of the election. This is to make sure that companies that are UK group companies for the first period of the election but cease to be UK group companies before the election is made are included in the election.
• Be signed by the appropriate person for the reporting body or, if there is no reporting body, by the appropriate person for each UK group company.

Once an election has been made it applies until it is withdrawn or replaced by another election.

An election can be withdrawn by the relevant reporting body with effect for the period of account specified in the withdrawal. A withdrawal must be made in writing within 12 months of the end of the period of account for which the withdrawal is made.

The effect of the election is that the de minimis amount for the net financing deduction and net financing income no longer applies and the figures are not treated as nil under sections 329 (5) and 330 (5). Instead the net financing deductions and net financing income amounts are included in the group’s debt cap computation. In the absence of an election, there is a risk that leaving financing income amounts that fall short of the de minimis amount out of account in computing the worldwide group’s tested income amounts could cause a net disallowance, even in purely domestic groups where there are no financing expense amounts due to members of the worldwide group that are not UK group companies.