CFM10010a - Taxing FOREX: transitional arrangements: example of a deferred gain

Deferred gains - example

This guidance describes the post-FA 2002 taxation of loan relationships, derivative contracts and FOREX.

Cork Industries plc draws up accounts to 30 September each year.

In the year to 30 September 2002 the FA 1993 rules still apply. The company elects to defer exchange gains of £18,000 on a long-term bank loan used to raise working capital. The gains are carried forward at 30 September 2002.

The FA 2002 rules apply to the APE 30 September 2003. The £18,000 deferred gains are now chargeable under Para 26.

The company has until 30 September 2005 to make an election to spread the amount forward over 6 APs. It makes this election on 25 September 2004 when it submits its company tax return.

The gains of £18,000 are divided into six equal instalments of £3,000, brought into account as follows

APE£
30 Sept 20033,000
30 Sept 20043,000
30 Sept 20053,000
30 Sept 20063,000
30 Sept 20073,000
30 Sept 20083,000 *


The company decides to change its accounting date to 30 November for the period ended 30 September 2006. The instalments become

APE£
30 Sept 20033,000
30 Sept 20043,000
30 Sept 20053,000
30 Sept 20063,000
30 Nov 20063,000
30 Nov 20073,000 *


*The company draws up a set of accounts covering 14 months. This produces two accounting periods: APE 30 September 2006 and APE 30 November 2006. An instalment of £3,000 is allocated to both APs including the short AP because the legislation specifies that an equal instalment is allocated to each of the first 6 APs to begin on or after 1 October 2002.