delete The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2015
The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2015 amend the 2004 Regulations concerning the tax treatment of loan relationships and derivative contracts. Key changes include: redefining 'fair value profit or loss' to align with accounting standards, inserting new regulation 5A prescribing exchange gains/losses for net investment hedges of foreign operations, amending rules on group transfers of derivative contracts (regulations 6B-6D), modifying regulations 7 and 9 on currency and interest rate contracts, and omitting regulation 9A on designated cash flow hedges. The regulations apply to accounting periods beginning on or after 1st January 2016.
This regulation is EU-derived law that creates unnecessary complexity and coupling between tax rules and accounting standards. The specific accounting treatments mandated (fair value measurement, hedge accounting designations, items of other comprehensive income) restrict corporate flexibility without clear economic benefit. The rules on group transfers of derivatives (regulations 6B-6D) impose procedural requirements that add compliance burden. Post-Brexit, Britain should simplify these rules rather than maintain EU-inherited accounting-driven tax regulations. Companies can determine appropriate tax treatment through self-assessment without this prescriptive framework.