Transactions between connected persons: clogged losses
TCGA/S18 (3) limits the way in which a loss can be used if it arises from a disposal to a connected person. Such a loss is said to be ‘clogged’.
The basic rule is that such a loss can only be set off against gains which
- arise from other disposals (in the same or a later year) to that same person; and
- arise at a time when the persons concerned are still connected.
There is an exception to this basic rule, see CG14562.
See CG45357 regarding the use of clogged losses where a gain or loss is transferred by election within a group of companies